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Albania

Executive Summary

The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (the Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. In 2017 the country held parliamentary elections. The Organization for Security and Cooperation in Europe reported the elections respected fundamental freedoms but were marred by allegations of vote buying and pressure on voters. Local elections took place in June 2019, but the main opposition party and others boycotted, accusing the government of electoral fraud. The organization’s observation mission to the local elections reported that, as a consequence of the boycott, voters did not have a meaningful choice between political options, although voting “was conducted in a generally peaceful and orderly manner.” The organization identified credible allegations of vote buying as well as pressure on voters from both the ruling party and opposition parties.

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, gathers information, and carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces. There were some reports of abuses by members of the security forces.

Significant human rights issues included: problems with the independence of the judiciary; restrictions on free expression and the press; pervasive corruption in all branches of government and municipal institutions; and failure to enforce child labor laws.

Impunity remained a serious problem. Prosecution, and especially conviction, of officials who committed abuses was sporadic and inconsistent. Officials, politicians, judges, and persons with powerful business interests often were able to avoid prosecution.

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 usually respected these rights, although defamation is a criminal offense. There were reports that the government, businesses, and criminal groups sought to influence the media in inappropriate ways.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. There were efforts to exert direct and indirect political and economic pressure on the media, including by threats and violence against journalists who tried to investigate crime and corruption.

Business owners freely used their media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. There were credible reports of senior media representatives using media outlets to blackmail businesses by threatening unfavorable, sometimes factual and sometimes speculative, media coverage. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union (AJU) continued to report significant delays in salary payments to reporters at many media outlets, in some instances of up to 10 months. According to the journalist union, the pandemic worsened these delays. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions of integrity in reporting.

NGOs maintained that professional ethics were a low priority for some of the estimated 900-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial, political, and criminal interests. The dramatic growth in online media outlets provided a diversity of views as well as opportunities for corruption.

Violence and Harassment: The AJU reported five cases of violence and intimidation through November against members of the media, and political and business interests subjected journalists to pressure. In March the police detained a reporter following the asylum petition of Turkish citizen Selami Simsek (see subsection on Access to Asylum below) for several hours. In June the police detained a reporter for several hours while he was filming a demolition operation in Lezha. The police gave no reason for the detention. In October an explosion occurred at the gate of the house of News 24 TV correspondent Elidon Ndreka; no injuries were reported. The AJU condemned the incidents and called on authorities to punish perpetrators.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment. The AJU cited censorship and self-censorship as leading problems for journalists. A survey of 800 media professionals published in 2019 found that 62 percent of respondents thought there was interference from individuals or politics, 60 percent thought there was interference from media owners, 39 percent thought there was self-censorship, and 31 percent thought there was corruption in the media. About 78 percent of media professionals thought there were journalists who engaged in corrupt practices to misreport stories.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines were excessive and, combined with the entry of a criminal conviction into the defendant’s record, undermined freedom of expression. The AJU expressed concern that as of August, there were more than 20 lawsuits against journalists, mainly for defamation.

In 2019 the Assembly passed legislation, the so-called antidefamation package, which amended existing media laws to address defamation. NGOs and some international organizations criticized the amendments, sparking public debate, and the president returned the law to parliament on January 11.

Internet Freedom

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

Academic Freedom and Cultural Events

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

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 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.

In-country Movement: To receive government services, citizens changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide documentation and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register. In September media reported on cases in which the Interior Ministry, while preparing voter lists for national elections scheduled for April 2021, had transferred the residency of some citizens without their knowledge. The ministry corrected a number of these transfers.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: The Office of the UN High Commissioner for Refugees (UNHCR) reported some cases of border police returning migrants to Greece despite indicating an intention to seek asylum.

Authorities detained 7,404 irregular migrants who entered the country between January and August, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. Migrants who claimed asylum were housed at the Babrru open migrant facility. Many of the irregular migrants placed in Babrru were later apprehended again attempting to cross into Montenegro rather than remaining in the country to pursue asylum requests. Karrec and Babrru centers faced funding constraints, and the government closed the Babrru center temporarily to assess wear and tear to the facility and estimate needed repairs.

Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the access of arrivals to national procedures and return of persons to countries from which they arrived. The ombudsman and Caritas were also allowed to monitor the detention of migrants.

Refoulement: The January 1 expulsion of Harun Celik, a citizen of Turkey and alleged follower of Fethullah Gulen, who the Turkish government claimed was behind the July 2016 attempted coup in Turkey, raised questions about Celik’s access to asylum. Celik had been arrested in 2019 in Tirana International Airport for attempting to travel on a forged Canadian visa. When Celik finished his prison sentence, border authorities expelled him from the country and placed him on a flight to Turkey, despite assertions that Celik had requested asylum. The UN’s special rapporteur on the human rights of migrants, along with other UN bodies, opened an inquiry, including the question of whether or not this was a case of refoulement.

Celik’s compatriate and alleged follower of Gulen, Selami Simsek, was also arrested in 2019 for attempting to travel on a forged Canadian visa. Simsek was released from prison on March 9 but remained in the Karrec closed-migrant facility. Media reported that Simsek was taken to the Interior Ministry at 9 p.m.–outside working hours–on March 9 after his release from prison for an interview regarding his asylum application. The ministry denied the application the same day, and the National Commission on Asylum and Refugees rejected his appeal on September 10. It was disputed whether Simsek was provided adequate notice of either decision. The Turkish government continues to press for summary return of Simsek and others alleged to be connected to Fethullah Gulen.

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

There were credible reports from NGOs, migrants, and asylum seekers that authorities did not follow due process procedures for some asylum seekers and that in other cases those seeking asylum did not have access to the social care and other services due to limited issuance of identification cards. Caritas and the Office of the Ombudsman were critical of the government’s migrant screening and detention procedures. There were reports of border police pushing migrants back into Greece.

The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law, asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country.

Safe Country of Origin/Transit: The law limits individuals from safe countries of origin or transit from applying for asylum or being granted refugee status. UNHCR reported that one asylum request had been refused based on the government’s list of safe countries, which included Greece.

Employment: While the law permits refugees to work, they must first obtain Albanian citizenship to receive identification cards and work permits.

Access to Basic Services: The law provides refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance.

g. Stateless Persons

According to UNHCR statistics, approximately 700 persons at risk of statelessness were identified under the agency’s statelessness mandate by November. The government does not have data regarding the total number of stateless persons or persons at risk of statelessness in the country. The law allows stateless persons to acquire citizenship under certain conditions, although there is no separate legislation that specifically addresses citizenship for stateless persons. UNHCR reported that new legislation on citizenship significantly reduced the risk of statelessness in the country.

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

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

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

The Office of the Ombudsman was underfunded and understaffed.

The Assembly has committees on legal issues, public administration, and human rights, which review the annual report of the Office of the Ombudsman. The committee was engaged and effective in legislative matters.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.

The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November the Assembly amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system, which allows for rapid issuance of protective orders and produces a record of orders issued. Through November the system was used to document the generation of 2,324 protective orders.

In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.

As of November, investigators and prosecutors had registered 81 cases of alleged sexual assault. Also through November, investigators and prosecutors registered 4,313 cases of domestic violence, six of which were murders. UNICEF reported 370 cases of domestic violence through August, with fewer cases referred in 2020 than in 2019. NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March 2019, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes.

The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In 2018 the government began operating a crisis management center for victims of sexual assault at the Tirana University Hospital Center. The Ministry of Health and Social Protection reported that as of December, the center had treated 20 victims, 14 of whom were minors.

Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. There are no legal barriers to access to contraceptives, which are provided free of charge to insured women. Nevertheless, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, LGBTI community members, Roma, and Balkan Egyptian women, were often unaware of their rights to reproductive health services.

In 2018 the Ministry of Health and Social Protection established the Lilium Center with the support of UNDP to provide integrated services to survivors of sexual violence. The center is in a hospital setting and provides health care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. The center functions are based on the model adopted by the Albanian National Council for Gender Equality.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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

There were reports of discrimination in employment. Through August the commissioner for protection from discrimination received 83 complaints of employment discrimination, 54 of which were against public entities and 29 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in nine cases, five of which were against public entities and four against private entities. Through August the commissioner had received 11 complaints of discrimination on the basis of gender and ruled in favor of the employee in one case. In that case, the commissioner for protection from discrimination ruled against the Trans Adriatica Spiecapag company for dismissing a female employee due to her pregnancy, status as a parent, and gender.

Gender-biased Sex Selection: According to official figures, in 2019 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.

Children

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

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

Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and members of other minorities.

Children in first through fourth grade are legally entitled to free textbooks. Because of the need to use online class delivery during the pandemic, the government offered free schoolbooks to students from the first to the seventh grade; children with special needs were eligible for free schoolbooks from the first through the twelfth grade.

Child, Early, and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities.

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

Authorities generally enforced laws against rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that as of November, 13 children had been sexually exploited none of them involving pornography. In early June, reports emerged of a 14-year-old girl who was raped and later sexually exploited; videos of the abuse were posted online. The case has gone to trial.

Displaced Children: There were many displaced and street children, particularly in the Romani community. Some street children begged and some of them became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.

Institutionalized Children: NGOs considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open-migrant facility in Babrru.

Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. The law allows for moving children out of residential centers and into the care of foster families, but the government and municipalities have not used this option frequently.

Through August the General Directorate of Prisons reported that there were 17 juveniles in the justice system, none of whom had been convicted. The country lacked adequate facilities for pretrial detention of children, although the Juvenile Institute in Kavaja, the only institution in the country for juvenile offenders, was adequate for the population it served. The directorate reported that the number of minors in pretrial detention and detention facilities had decreased because of alternative sentencing.

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

Anti-Semitism

Reports indicated that there were 40 to 50 Jews living in the country. There were no reports of anti-Semitic acts. In September Valentina Leskaj, a former government minister, joined the Combat Anti-Semitism Movement Advisory Board, becoming its first Muslim member.

Trafficking in Persons

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

Persons with Disabilities

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

As of August the commissioner for protection from discrimination had received two complaints of alleged discrimination against individuals with disabilities and ruled in favor of the complainants in five cases. In one case the commissioner ruled against the local education office in Elbasan for refusing to hire a teacher because of her disability.

The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were in facilities that lacked accessibility or other accommodations. A 2018 study by World Vision and Save the Children reported that none of the 10 municipalities surveyed had a plan to eliminate barriers to information, communication, and mobility for persons with disabilities, or a dedicated budget to address the problem.

Members of National/Racial/Ethnic Minority Groups

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

As of August, the commissioner for protection from discrimination had received 12 complaints of discrimination on grounds of race and ethnicity, ruling in favor of the complainant in two cases. In one case the commissioner ruled against Fier municipality and its water and sewage utility for discriminating against Romani households. The commissioner ordered the municipality and utility to supply running water to the families. When the municipality and utility did not respond, the commissioner imposed fines.

The government adopted legislation on official minorities in 2017 but has not passed all the regulations needed for its implementation. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The legislation provides for minority language education and dual official language use for the local administrative units in which minorities traditionally reside or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. As of August, the commissioner for protection from discrimination had received one case of discrimination based on sexual orientation, which the commission started ex officio and ruled that discrimination had occurred.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for lesbian, gay, bisexual, transgender, and intersex rights, public officials sometimes made homophobic statements.

HIV and AIDS Social Stigma

The law prohibits discrimination against individuals with HIV or AIDS. The Association of People Living with HIV or AIDS reported that stigma and discrimination caused individuals to avoid getting tested for HIV, leading to delayed diagnosis and consequently delayed access to care and support. Persons living with HIV or AIDS faced employment discrimination, and children living with HIV faced discrimination in school.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. Penalties were rarely enforced and were not commensurate to those under other laws related to the denial of civil rights. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties for violations were commensurate to those for other serious crimes but were seldom enforced. Some law enforcement organizations and the victim advocates at the prosecutors’ offices received training in a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor and prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c. for cases involving children in forced labor in the informal sector.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and 30 hours per week when school is not in session. Children who are 16 or 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. There were isolated reports of children subjected to forced labor in cannabis fields in 2019. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas.

Children were subjected to forced begging and criminal activity. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year. In several cases, police detained parents of children found begging in the street and referred children for appropriate child services care. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by mobile identification units.

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

SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not commensurate with those for other serious crimes. As of July, SILSS reported 101 children under the age of 18 registered to work, 88 percent of whom were in manufacturing enterprises.

The NGO Terre des Hommes reported that the COVID-19 pandemic may have worsened child labor violations. Restriction of movement and other measures against COVID-19 produced new exploitation trends, such as door-to-door begging and afternoon and night street work.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. The government did not enforce the law and penalties for violations were not commensurate with those under other laws related to denials of civil rights. The commissioner for protection from discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

There are laws prohibiting women from engaging in work that requires lifting more than 20 kilograms.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. SILSS and tax authorities are responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

While the law establishes a 40-hour work week, individual or collective agreements typically set the actual work week. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to migrant workers or workers in the informal sector, which made up 56 percent of the economy, according to the International Labor Organization’s 2019 Overview of the Informal Economy in Albania.

SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Violations of wage and occupational safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties were not commensurate to those of other similar crimes. Law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators. The number of inspectors was insufficient to enforce compliance. Inspectors did have the authority to make unannounced inspections and initiate sanctions.

Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation. Through October there were 137 major industrial accidents that caused death or serious injury to workers.

Argentina

Executive Summary

Argentina is a federal constitutional republic. In October 2019 Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On the same day, the country also held municipal, provincial, and federal elections. Voters elected governors in 22 of the 24 provinces and one-half of the members of the Chamber of Deputies, representing all of the provinces and the autonomous city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

In October the government announced its intention to create the Observatory on Disinformation and Symbolic Violence in Media and Digital Platforms (Nodio, by its Spanish acronym). The Interamerican Press Society, media outlets, and the national association of journalists expressed concern that Nodio would serve as an extrajudicial tool that the government could use to restrict free speech or regulate media.

In July 2019 the Committee to Protect Journalists (CPJ) expressed concern after a federal judge summoned Daniel Santoro of Clarin newspaper and obtained his telephone records in relation to an investigation. The allegations related to Santoro’s connections with Marcelo D’Alessio, charged with extortion after threatening individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. In April Edison Lanza, the head of the Organization of American States Office for the Special Rapporteur for Freedom of Expression, also criticized Santoro’s prosecution, saying journalists “should not be the target of judicial abuse or other threatening behavior as a reprisal for their work.” In October the same judge charged Santoro with belonging to an “illicit association dedicated to illegal espionage” and carrying out “prohibited intelligence actions.” CPJ Central and South America Program coordinator Natalie Southwick spoke out against the charges, emphasizing that “holding journalists liable for their sources’ actions sets a deeply troubling precedent that opens the door to criminal charges against investigative journalists working to uncover wrongdoing.” The Argentine Media Corporations Association (ADEPA) and the Argentine Journalism Forum (FOPEA) condemned the latest charges against Santoro as an “attempt to criminalize journalism.”

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

In June FOPEA and ADEPA expressed concern about revelations that AFI may have illegally spied on journalists during the administration of former president Mauricio Macri. FOPEA stated that AFI had actively intimidated journalists and interfered with their reporting.

In June, FOPEA and ADEPA criticized Vice President Christina Fernandez de Kirchner for sharing a video on Twitter that attempted to discredit journalists investigating high-level corruption cases. The organizations warned that such a campaign could foment public and online harassment of journalists.

FOPEA reported only one alleged physical attack against journalists as of September, compared with 27 in the previous year. In July protesters attacked a C5N television crew covering an antigovernment demonstration in Buenos Aires. Two members of the crew received injuries, and protesters smashed windows in one of their vehicles.

Internet Freedom

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

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

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

In response to the COVID-19 sanitary emergency, a March 19 presidential decree established restrictions on individuals’ ability to gather, including for peaceful protest. Nevertheless, several large-scale antigovernment protests in Buenos Aires and across the country took place without incident after the establishment of these restrictions.

At times police used force to disperse demonstrators. On April 10, police broke up a protest of 300 slaughterhouse workers in the Buenos Aires municipality of Quilmes with rubber bullets and batons, according to local media. The protesters were demanding weeks of back pay after their workplace closed due to the sanitary restrictions.

On September 21, police used violence against nurses protesting for improved pay and working conditions in front of the Buenos Aires city legislature, according to local press. Police spokespersons noted the nurses had attempted to enter the building forcefully.

c. Freedom of Religion

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

d. Freedom of Movement

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

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

As of September the International Organization for Migration reported 32,911 Venezuelan migrants had arrived in the country during the year. Of those, more than 31,000 requested temporary residence. The National Commission for Refugees received 3,184 requests for refugee status in 2019–approximately 20 percent more than in 2018–and adjudicated 1,680.

As a result of the COVID-19 pandemic and the resulting restrictions on freedom of movement and association, many refugees and migrants lost their jobs and livelihoods, according to UNHCR’s regional representative. Many migrants did not have access to national social programs because they did not have the required documentation or did not meet the requisites. In May the minister of social development, the UNHCR regional representative, and the president of the National Refugee Commission signed a memorandum of agreement to improve the socioeconomic inclusion of migrants and refugees in the country. Through a newly created interagency working group, UNHCR and local authorities delivered food, hygiene, and sanitation kits to refugees in the Buenos Aires region.

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

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

Government Human Rights Bodies: The government has a human rights secretariat within the Ministry of Justice and Human Rights. Its main objective is to coordinate within the ministry and collaborate with other ministries and the judiciary to promote policies, plans, and programs for the protection of human rights. It published leaflets and books on a range of human rights topics.

NGOs argued that the government’s failure to fill the post of national ombudsman, vacant since 2009, undermined the office’s mandate to protect human rights.

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

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

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment, depending on the ages of the perpetrator and victim, their relationship, and the use of violence, among other factors. Most perpetrators received penalties between six and 15 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates alleged the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again, often by forcing them to recount details of their trauma, conflating silence with consent, or admitting as evidence their past sexual history.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The laws were generally enforced, and survivors generally had access to protective measures. The law imposes a stricter penalty than murder on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims. The law requires all federal employees to receive training on gender and gender-based violence. The law was enforced, including for cabinet-level officials and the president.

The National Register of Femicides, maintained by the Supreme Court’s Office of Women, recorded that 268 women died as a result of domestic or gender-based violence during 2019. As of July 31, the National Ombudsman’s Office reported 168 women died as a result of violence. Approximately 17 percent of these victims had previously filed formal complaints. In August the Ministry of Women, Gender, and Diversity (Ministry of Women) noted that reports of gender-based violence increased approximately 28 percent during the COVID-19 quarantine.

In June the Ministry of Women launched a two-year national plan against gender-based violence, which included a proposal for a dedicated budget. The ministry also operated a 24-hour hotline for victims of gender-based violence and created emergency WhatsApp and email contact channels for victims unable to speak on the telephone. The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office also carried out risk assessments necessary to obtain a restraining order. Public and private institutions offered prevention programs and provided support and treatment for abused women. A national network of shelters included 89 facilities, although the government had planned to construct approximately 30 more by 2019. In August the Ministry of Women launched a national program to build the capacity of these shelters. The 2018 Brisa Law provides for the financial support of children who lost their mothers to gender-based violence; however, many families complained of delays in receiving payment. As of December 2019, an estimated 345 children and young adults had received support through the program. By July 20, however, that number had nearly doubled to 623, as authorities said they had placed particular emphasis on the program.

Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment could lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. It does not prohibit sexual harassment in employment more broadly.

On April 16, the Senate passed a law that penalizes harassment in public spaces as a form of gender-based violence.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, and violence, although access could be limited for indigenous or rural populations. Access to sexual and reproductive health services, information, and contraception was generally available, but there was a reported lack of access to modern contraceptive methods due to the COVID-19 pandemic. Data from the National Ministry of Health showed a 70-percent decrease in the distribution of short-term contraceptive methods during the year compared to 2019. According to the United Nations Population Fund (UNFPA), 1.093 million women in the country stopped contraception during the year due either to a reduction in family income or to a lack of supply from public health services.

On December 30, the National Congress passed the Voluntary Interruption of Pregnancy (IVE) bill that legalized abortion up to the fourteenth week of gestation. After this period, the law permits medical professionals to perform abortions only in the case of rape or danger to the life of the mother. Before the legalization of the bill, health personnel’s actions were guided by a December 2019 protocol issued by the national Ministry of Health that generally only permitted abortions in the case of rape or danger to the life of the mother. Nonetheless, social and cultural barriers adversely affected access. There were reports that provincial health-care providers and facilities, especially in remote and conservative regions, intentionally delayed and obstructed access to abortion. In one example in December, a 12-year-old girl gave birth to twins as a result of rape after being denied an abortion by local authorities. The National Direction of Sexual Health contacted provincial authorities to provide immediate assistance for the girl, but the assistance was reportedly late and inadequate.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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

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

Women are not able to work in all the same industries as men; there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous. On November 11, Congress ratified the International Labor Organization’s Convention 190 on Eliminating Violence and Harassment in the World of Work. The convention was scheduled to enter into effect in June 2021.

In August the Ministry of Justice and Human Rights issued a resolution requiring civil society organizations and businesses to respect gender parity in the composition of their administrative boards. According to the resolution, at least one-third of the members of an organization’s administration and oversight bodies must be women.

Children

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

Child Abuse: By law sexual abuse of a child is a punishable offense, with sentences of up to 20 years in prison. Physical harm to a child is punishable with up to 15 years in prison. Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that approximately 30 percent of the complaints it received between March 20 and July 17, the strictest period of the COVID-19 quarantine, involved children. The government maintained a 24-hour hotline staffed by professional child psychologists for free consultations and advice.

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

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

In June a trial began for two nuns and seven former employees of a group of schools for hearing-impaired children, the Antonio Provolo Institutes. A reported 67 students claimed abuses between 1983 and 2002. This followed the November 2019 convictions of two former priests at the school, Nicola Corradi and Horacio Corbacho, found guilty of child sexual abuse and sentenced to 42 and 45 years in prison, respectively.

The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. Possession of child pornography is a criminal offense.

During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The city of Buenos Aires Public Ministry’s Judicial Investigative Bureau served as the primary point of contact for receiving and distributing child pornography leads from the National Center for Missing and Exploited Children to prosecutors and police forces across the country. The Buenos Aires’ Public Defender’s Office reported a 30-percent year-on-year increase in reports of the production and distribution of images of sexual exploitation of children during the two-month period between March 19 and May 18, coinciding with the first 60 days of a nationwide lockdown in response to COVID-19.

In September, Federal Police arrested eight individuals after a series of raids in Buenos Aires, Chaco, Salta, Cordoba, and Rio Negro Provinces targeting a child pornography network that had at least 406 subscribers in the country and more than 1,700 around the world. The raids followed a three-year investigation by Federal Police into the ring.

In September 2019 local authorities arrested former police officer Rodolfo Suarez for involvement in a network of child pornography that had victimized an estimated 1,200 children between the ages of four months and 14 years since 2003. The man posed as a producer of youth television to lure his victims. In August a judge in the city of Buenos Aires sent Suarez’s case to trial.

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

Anti-Semitism

Estimates of the size of the Jewish community varied, but the most recent data available, published by the Berman Jewish Databank, estimated the population at 180,300 in 2018. Sporadic acts of anti-Semitic discrimination and vandalism continued. The Delegation of Argentine Jewish Associations (DAIA) recorded 918 complaints of anti-Semitism in 2019, compared with 834 in 2018, a 10-percent increase. The most commonly reported anti-Semitic incidents tracked by the report were slurs posted on various websites, often in relation to news articles. Other incidents included graffiti and verbal slurs.

On June 4, the Ministry of Foreign Affairs, International Commerce, and Worship issued a resolution adopting the definition of anti-Semitism established by the International Alliance for Holocaust Remembrance (IHRA) within the executive branch. The resolution invited the country’s other branches and levels of government to join in adopting the IHRA definition.

On April 1, television journalist Tomas Mendez associated the origin of the COVID-19 virus with “the world’s wealthiest people born in the United States and Israel” during his program Federal Journalism. DAIA and the ambassador for Israel, among others, criticized the remarks, and National Institute against Discrimination, Xenophobia, and Racism began an official inquiry for anti-Semitism. On April 2, Mendez publicly apologized for his remarks.

Trafficking in Persons

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

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law, but there were scattered reports of discrimination. Various government agencies offered a variety of services and programs to individuals with disabilities, including community-based rehabilitation programs, sports and recreation facilities, braille translation services, legal services, and a variety of pensions and subsidies. The law also mandates access to buildings by persons with disabilities. According to a 2016 report by the ombudsman of the city of Buenos Aires, only 33 percent of the metropolitan subway stations had elevators or escalators. While the city worked to install new elevators and escalators and to repair existing ones, the city’s ombudsman visited several of the subway’s newest stations in July 2019 and found that several of the elevators did not work.

With the slogan “End Forced Sterilizations,” several human rights organizations launched a campaign in October to change a 2006 law they argued had led to the sterilizations of many persons with disabilities without their consent. The law was written to provide all citizens with access to certain surgical contraceptive measures but allows legal representatives to provide consent for any individual declared legally incompetent. The organizations argued that this loophole, along with broad societal acceptance of forced sterilizations of individuals with disabilities, had led to extensive use of the practice.

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

In 2019 Congress proposed and passed a 56-percent budget increase for the National Disability Agency, which provides a range of services and subsidies for persons with disabilities. In March the government provided additional funds to the agency to help ensure the needs of individuals with disabilities could be met during the COVID-19 pandemic. While the government made exceptions to the quarantine restrictions to assist persons with disabilities, there were no exceptions to provide appropriate education to children with disabilities.

Indigenous People

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

A study conducted during the year with researchers from eight universities examined the situation of 27 indigenous groups and found that indigenous persons were more likely to be employed informally than the general public (70 percent, compared with 44 percent). The study noted that indigenous persons often could not access social service programs in the isolated areas where many of them lived and that these communities lacked basic infrastructure, including clean water.

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

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

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

Local media reported that provincial police violently entered three homes belonging to members of the Qom community in Fontana, Chaco Province, on May 31. According to the Center for Legal and Social Studies, many of the officers were in plain clothes and did not possess a search warrant. Police took four individuals into custody after a physical struggle, including one 16-year-old, and later continued to insult, threaten, and torture them at the police station. A judge released the individuals on July 8, finding that the search of their homes was illegal and involved “humiliation.” Cases were pending against four officers as of November.

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

The National Observatory of Hate Crimes registered 177 official complaints of hate crimes against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in 2019. This represented an approximate 20-percent increase over 2018 and included 16 killings of LGBTI individuals.

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

In August the Ministry of Women and the minister of health expressed concern that the Argentine Association of Hemotherapy, Immunohematology, and Cell Therapy would not allow members of the LGBTI community to donate blood because of their sexual orientation. In August, Emiliano Ivaldi, a recovered COVID-19 patient, was not allowed to donate plasma at the Eva Peron Hospital in the province of Santa Fe. Hospital authorities justified the decision based on the fact that Ivaldi was homosexual.

On September 4, President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. On September 15, the Senate implemented a similar decree to regulate its own hiring practices.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in a given sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Labor, Employment, and Social Security (Ministry of Labor) to ratify collective bargaining agreements.

The Argentine Workers’ Central Union and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87, and prevented these unions from obtaining full legal standing. A September 3 Supreme Court ruling upheld the constitutionality of the law.

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

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Despite these mechanisms, forced labor, including forced child labor, occurred. The Ministry of Labor carried out regular inspections across the country. Efforts to hold perpetrators accountable continued. The National Registry for Rural Workers and Employers reported 28 forced labor complaints during the first half of the year, 12 of which were under investigation by the Special Prosecutors’ Office for Human Trafficking and Exploitation.

Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, street vending, charcoal and brick production, construction, domestic work, and small businesses (including restaurants and supermarkets). Traffickers exploited Chinese citizens working in supermarkets to debt bondage. Traffickers compelled trafficking victims to transport drugs through the country’s borders. Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. In August the Ministry of Labor presented a National Program to Build Capacity of Provincial Committees for the Eradication of Child Labor, with the goal of improving national-provincial coordination.

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

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

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, religion, nationality, sex, physical characteristics, social or economic status, or political opinion, and the government generally enforced the law. Penalties were commensurate with laws related to civil rights. The most prevalent cases of workplace discrimination were based on disability, gender, and age. Discrimination also occurred on the basis of HIV-positive status and against individuals of indigenous origin. Women are prohibited from working in certain industries; for example, there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous.

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

e. Acceptable Conditions of Work

The minimum wage remained below the official poverty income level for a family of four, despite a 35-percent increase announced in October 2019. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

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

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

The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets occupational safety and health (OSH) standards, which were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

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

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. Through September the Ministry of Labor reported receipt of 81,000 occupational safety complaints related to COVID-19, especially in the health sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May 2019, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (federal police), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The federal police enforces national laws and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. The Inspector General of the Australian Defence Force is conducting an independent inquiry into allegations that members of the Special Forces may have committed abuses in Afghanistan.

Significant human rights issues included credible allegations of deaths related to neglect or abuse in prison and occasional neglect or mistreatment of prisoners, especially Aboriginal or Torres Strait Islander persons or persons with disabilities.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

National Security: In May, after the highest federal court ruled in April that a warrant used by federal police in a June 2019 raid on the home of News Corp journalist Annika Smethurst was defective, the Australian Federal Police (AFP) announced it would not charge Smethurst for her use of classified information in a 2018 article on surveillance of citizens.

In July the federal police asked the federal director of public prosecutions to consider charging an Australian Broadcasting Corporation (ABC) journalist for publishing classified information in 2017 reports alleging Australian war crimes in Afghanistan. The AFP raided ABC’s Sydney headquarters in June 2019.

The News Corp and ABC raids (relating to separate reports but occurring in the same month) sparked a national discussion on press freedom, led by a coalition of media organizations calling for more legal protections for journalists and whistleblowers. In August the Parliamentary Joint Committee on Intelligence and Security released a report into “the impact of the exercise of law enforcement and intelligence powers on the freedom of the press.” The committee’s inquiry was initiated by the federal attorney general following public concerns about the two federal police raids. The committee recommended the government make changes to the use of warrants that would establish a “public interest advocate” to contest the issuance of warrants against journalists and media organizations. Media organizations including News Corp and the ABC said the report did not go far enough and continued to seek the ability to contest warrants themselves before raids take place.

Internet Freedom

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

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

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

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

The declarations of states of emergency by state and territory governments in response to the COVID-19 pandemic affected a number of protests and demonstrations.

In June thousands of protesters in major cities and regional centers defied government health orders to protest the killing of George Floyd in the United States and the treatment of Aboriginal persons and Torres Strait Islanders in Australia. The New South Wales Supreme Court upheld a police appeal to ban a march planned for Sydney on July 28 on public health grounds, with media reporting police arrested and imposed significant fines on six attendees. In Melbourne, police imposed similar fines on three protest organizers for breaching health directions in relation to a June 6 rally.

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.

To control the spread of the COVID-19 pandemic, all state and territory governments, with the exception of Victoria and the Australian Capital Territory, enacted interstate border control measures, either outright prohibiting movement, or requiring an enforced mandatory 14-day quarantine period on arrival.

At various times all states and territories also temporarily prohibited or strongly discouraged movement within their borders to reduce the risk of COVID-19 spreading, especially to rural communities with vulnerable populations. For individuals, significant, for some burdensome, fines were the penalty for breaching social distancing and travel restrictions.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The Department of Home Affairs oversees refugee resettlement via the Refugee and Humanitarian Program, which distinguishes between “offshore” and “onshore” individuals. Individuals residing offshore–outside the country–can apply for a refugee visa if they are subject to persecution in their home country; meet the “compelling reasons” criterion; and satisfy health, character, and national security requirements. Individuals who arrived in the country legally (onshore) can apply for a Temporary Protection visa. Persons who seek to enter the country without proper authorization, including preapproval to settle, are considered illegal migrants and subject to detention either in the country or in a third country. Individuals who arrived illegally may apply for a Temporary Protection visa or a Safe Haven Enterprise visa, but it is generally very difficult for them to legalize their status.

Refugee processing centers operated on behalf of Australia in Nauru and Papua New Guinea were closed in March 2019 and October 2017, respectively. As of September 7, approximately 170 refugees or asylum seekers remained in Nauru, housed in community-based facilities funded by the Australian Government. An equivalent number remained in Papua New Guinea.

Abuse of Migrants and Refugees, and Stateless Persons: Domestic and international organizations reported credible allegations of abuse and deteriorating mental health among migrants brought from Nauru and Papua New Guinea for medical treatment and detained in facilities in Brisbane and Melbourne. Alleged abuses included harsh conditions, inadequate mental health and other medical services, assault, and sexual abuse; these also contributed to suicide and self-harm. These organizations also reported suspicious deaths. The UN High Commissioner for Refugees reports that in several cases, family members were not allowed to accompany a relative sent to the country for medical treatment. Government policy required such persons to return to Nauru, Papua New Guinea, or their home country at the conclusion of treatment. The government reported that it provided necessary services to refugees. Months-long protests in Brisbane have sought policy changes, including a change to community detention.

Since the repeal of medevac legislation in December 2019, approval of transfers of asylum seekers and refugees from Nauru and Papua New Guinea–under the off-shore agreements with each country–to Australia for medical treatment not available in the regional processing country remains subject to the discretion of federal ministers. The home affairs minister has approved the medical transfer of 71 persons from Nauru and Papua New Guinea to Australia since the December 2019 repeal; the most recent person arrived from Nauru in July.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. The UN High Commissioner for Refugees identifies and refers most applicants considered under the program. The government rejected family reunification as a ground for approval of an asylum request.

The law allows the home affairs minister to enter into agreement with a third country to designate that country as a regional processing country for migrants who attempt to enter the country illegally.

Unauthorized maritime arrivals transferred to a regional processing country have their protection claims assessed by the regional processing country under its domestic laws. Since 2019, persons transferred to these countries were no longer held in camps and resided in community-based accommodation while their claims were processed. Australia has memoranda of understanding on regional processing with Papua New Guinea and Nauru and had such arrangements with Cambodia from 2014-18. The settlement arrangements provide for third-country resettlement of unauthorized maritime arrivals that Nauru or Papua New Guinea assess to need international protection.

Australia has another arrangement with Papua New Guinea for the settlement of persons it assesses need international protection. Under this arrangement, any unauthorized maritime arrival entering Australian waters is liable for transfer to Papua New Guinea for processing and resettlement there or in any other participating regional states.

Christmas Island was reopened in August to accommodate overflow in Australia’s immigration detention network. The government says it will initially support 250 persons, mostly individuals whose visas were cancelled for character reasons (i.e., persons who served 12 months or more in jail and are pending removal from Australia). The government stated there is no intention to take asylum seekers, including persons from regional processing countries, to Christmas Island.

By law the government must facilitate legal representation when requested (section 256 of the Migration Act). Some government-funded legal assistance remained available for unauthorized maritime arrivals.

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

Temporary Protection: The law permits two temporary protection options for individuals who arrived in the country and were not taken to regional processing countries. The Temporary Protection Visa is valid for three years, and visa holders can work, study, and reside anywhere in the country with access to support services. Once expired, Temporary Protection Visa holders are eligible to reapply for another. The Safe Haven Enterprise Visa is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. Safe Haven Enterprise Visa holders are eligible to apply for certain permanent or temporary visas after 42 months.

g. Stateless Persons

Not applicable.

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 Human Rights Commission, an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The commission reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

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

Women

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

The law prohibits violence against women, including domestic abuse, and the government enforced the law. The laws of individual states and territories provide the penalties for domestic violence. In the largest jurisdiction, New South Wales, domestic violence offenses cover acts of personal violence (such as stalking, intimidation, or strangulation) committed against a person with whom the offender has (or had) a domestic relationship. For domestic-violence offenses, courts must impose a full-time prison sentence unless a valid exception applies. In the case of strangulation, an offense associated with domestic violence, the maximum penalty is five years’ imprisonment.

Violence against women remained a problem, particularly in indigenous communities. Indigenous women were 32 times as likely to be hospitalized due to family violence as nonindigenous women, according to a 2018 report.

According to a 2019 statement by the Australian Bureau of Statistics, the proportion of women who experienced partner violence in the last decade remained relatively stable. Women were more likely than men to be victims of domestic violence, including homicide, across all states and territories. In July a survey of 15,000 women by the Australian Institute of Criminology revealed more than half of women who had experienced physical or sexual violence before the COVID-19 pandemic said violence had become more frequent. The research found 8.8 percent of women in a relationship experienced physical or sexual violence from a current or former cohabiting partner between February and May.

Federal and state government programs provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women.

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

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, or violence. State and territorial governments provided comprehensive sex education and sexual health and family planning services. Women had access to contraception and skilled medical care, including attendance by skilled health-care workers during pregnancy and childbirth. Indigenous persons in isolated communities had more difficulty accessing such services than the population in general. Cultural factors and language barriers also inhibited use of sexual health and family planning services by indigenous persons, and rates of sexually transmitted diseases and teenage pregnancy among the indigenous population were higher than among the general population. Government, at national and state and territory levels, provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning or managing businesses, education, and housing. The government enforced the law effectively.

Employment discrimination against women occurred, and there was a much-publicized “gender pay gap” (see section 7.d.).

Children

The Law Council of Australia and other civil society groups campaigned for all Australian jurisdictions to raise the age of criminal responsibility from 10 to 14.

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

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

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

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Persons age 16 to 18 may apply to a judge or magistrate for an order authorizing marriage to a person who has attained 18 years; the marriage of the minor also requires parental or guardian consent. Two persons younger than age 18 may not marry each other; reports of marriages involving a person younger than age 18 were rare. Forced marriage is a criminal offense. In 2019 the government expanded the definition of forced marriage explicitly to capture all marriages involving children younger than age 16. The government reported an increase in the number of forced marriage investigations, but the practice remained rare.

Sexual Exploitation of Children: The law provides a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children and was effectively enforced.

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

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

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is a possibly substantial fine and 15 years’ imprisonment. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed, and the maximum penalty for persistent sexual abuse of a child outside the country is 25 years’ imprisonment.

The government largely continued federal emergency intervention measures to combat child sexual abuse in indigenous communities in the Northern Territory, following findings of high levels of child sexual abuse and neglect in a 2007 inquiry. These measures included emergency bans on sales of alcohol and pornography, restrictions on the payment of welfare benefits in cash, linkage of support payments to school attendance, and medical examinations for all indigenous children younger than age 16 in the Northern Territory.

Public reaction to the interventions was mixed, with some indigenous activists asserting there was inadequate consultation and that the measures were racially discriminatory, since nonindigenous persons in the Northern Territory were not initially subject to such restrictions.

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

Anti-Semitism

According to the 2016 census, the country’s Jewish community numbered 91,000. The nongovernmental Executive Council of Australian Jewry reported an incremental increase in anti-Semitic incidents every year since 2015. These incidents included vandalism, threats, harassment, and physical and verbal assaults. According to press reports, persons in the country posted comments and shared various images online, portraying the coronavirus as a “Jew,” as well as accusing Jews of creating and spreading the virus.

Trafficking in Persons

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

Persons with Disabilities

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

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

Children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

According to government sources, approximately half of Australians with a disability are employed, compared with approximately 80 percent of all working-age persons.

Members of National/Racial/Ethnic Minority Groups

Of total complaints (2,307) received by the Human Rights Commission in 2019-20, 17 percent related to racial discrimination. The plurality of racial discrimination complaints related to the provision of goods and services (37 percent), with the second largest category being discrimination related to employment (19 percent). One percent of racial discrimination complaints related to access to places and facilities.

Indigenous People

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

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

As part of the intervention to address child sexual abuse in Northern Territory indigenous communities (see section 6, Children), the national government administered indigenous communities directly and has a number of programs that provide funding for indigenous communities.

According to the Bureau of Statistics, while indigenous peoples make up less than 3 percent of the total population, they constituted 27 percent of the full-time adult prison population. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Figures from parliament note that indigenous youth were significantly overrepresented in the criminal justice system. The data indicates that 68 percent of detained juveniles were from an indigenous background, notably rising to 100 percent of detained juveniles in the Northern Territory in 2019 and 2020, when it was more likely that an indigenous juvenile would be incarcerated than at any other point since 1991, when the Royal Commission into Aboriginal Deaths in Custody report was released. An Australian Law Reform Commission study released in March 2018 found that the justice system contributed to entrenching inequalities by not providing enough sentencing options or diversion programs for indigenous offenders.

The Human Rights Commission has an Aboriginal and Torres Strait Islander social justice commissioner.

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

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

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

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

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee or enabling an employee or employer to “opt out” of coverage of the agreement. Furthermore, the law prohibits multi-enterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multi-enterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission looks at factors including the terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

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

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were commensurate with those for other laws involving denials of civil rights, such as discrimination. The Fair Work Commission is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the commission to arbitrate the dispute, or the applicant may pursue a ruling by a federal court. Procedures were not subject to lengthy delays or appeals.

Unions reported concerns that the scope of collective bargaining had narrowed in recent years, including through decisions by the Fair Work Commission, which also affected the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers. Penalties were commensurate with those for analogous serious crimes, such as kidnapping. Since 2019, companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks.

The government effectively enforced applicable labor laws. Most forced labor cases were addressed through civil law, resulting in convicted labor traffickers receiving only fines and other civil penalties that were not commensurate with those for analogous serious crimes, such as kidnapping.

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

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

Not all of the worst forms of child labor are prohibited. As noted by the International Labor Organization, no law prohibits the use, procuring, or offering of a child younger than age 18 for certain illicit activities, in particular for the production and trafficking of drugs, in the Northern Territory.

There is no federally mandated minimum age of employment. In Victoria, the minimum age of employment is 15. States and territories have established 18 years as the minimum age for hazardous work.

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

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations were commensurate with those for analogous serious crimes, such as kidnapping.

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

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on the basis of race, religion, national origin, color, sex, ethnicity, disability, age, sexual orientation or gender identity, HIV/AIDS status, or refugee or stateless status. Federal, state, and territory laws provide for protections against employment discrimination.

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

The government enforced laws prohibiting employment discrimination and penalties were commensurate with laws related to civil rights, such as election interference; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 14 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

In 2017-18, the latest year for which such data were available, approximately 30 percent of the complaints about disability discrimination received by the Human Rights Commission were in the area of employment.

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

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

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The Office of the Fair Work Ombudsman provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsman also has authority to prosecute employers who do not meet their obligations to workers. Ombudsman inspectors may enter work sites unannounced if they reasonably believe it is necessary to ensure compliance with the law. The number of ombudsman inspectors was sufficient to enforce compliance and penalties were commensurate with those for crimes like negligence. Inspectors can order employers to compensate employees and sometimes assess fines. There were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns.

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

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the 2018 Fair Work Ombudsman’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the ombudsman continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas.

Safe Work Australia, the government agency responsible for developing and coordinating national workplace health and safety policy, cited a preliminary estimate that, in the year to November 5, 140 workers died while working. Of these fatalities, 44 were in the transport, postal, and warehousing sectors; 27 in the agriculture, forestry, and fishing sectors; and 27 in construction.

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 that members of the security forces committed abuses during the year.

Significant human rights issues included violence or threats of violence motivated by anti-Semitism.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Speech: 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 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/.

Libel/Slander Laws: Libel, slander, defamation, and denouncement of religious teachings (blasphemy) are criminal offenses and are enforced. 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.

Internet Freedom

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

Academic Freedom and Cultural Events

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

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.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Amnesty International reported that in the first nine months of 2019, the Ministry of Interior repatriated more than 200 Afghan nationals to Afghanistan, sending them back to areas that Amnesty deemed unsafe. According to Amnesty, authorities also decided to repatriate several Syrian nationals to Syria, although the decisions had not been implemented at the end of the year. Between January and June, the Ministry of Interior reported the deportation of 37 Afghan nationals. While opposition parties and human rights NGOs criticized this policy, the government’s position is that it is repatriating Afghan nationals only to areas in the country that independent experts considered safe.

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.

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 2019 the government provided temporary protection to approximately 2,246 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and July, the government provided temporary protection to approximately 1,275 individuals.

g. Stateless Persons

According to the government’s statistical office, in January there were approximately 17,025 persons in the country registered as stateless, that is, having undocumented or unclear citizenship. Stateless persons in the country were largely Austrian-born children of foreign nationals who were unable to acquire citizenship through their parents due to the laws in their parents’ country of origin. Authorities did not deport them because they lacked a home country.

The law allows some stateless persons to gain nationality. A stateless person born in the country may be granted citizenship within two years of reaching the age of 18 if he or she has lived in the country for a total of 10 years, including five years continuously before application, and is able to demonstrate sufficient income. Stateless persons can receive temporary residence and work permits that must be renewed annually.

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

Women

Rape and Domestic Violence: Rape of women or men, including spousal rape, is punishable by up to 15 years’ imprisonment. The government generally enforced the law. Law enforcement response to rape and domestic violence was effective. Police referred victims of domestic violence to special shelters and imposed orders barring abusive family members from contact with the victims.

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

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

Sexual Harassment: The law prohibits sexual harassment, and the government generally enforced the law. Labor courts may order employers to compensate victims of sexual harassment; the law entitles a victim to monetary compensation. The Women’s Ministry and the labor chamber regularly provided information to the public on how to address sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. All individuals have the right to manage their reproductive health and had access to the information and means to do so, and are free from discrimination, coercion, or violence. While no legal barriers or government policies adversely affected access to contraception, some groups advocated against the use of contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal rights as men, but they were subject to some discrimination in remuneration and representation in certain occupations.

Children

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

Child Abuse: Child abuse is punishable by up to five years’ imprisonment, which may be extended to 10 years. Severe sexual abuse or rape of a minor is punishable by up to 20 years’ imprisonment, which may be increased to life imprisonment if the victim dies because of the abuse. The government continued its efforts to monitor child abuse and prosecute offenders. Officials noted a growing readiness by the public to report cases of such abuse.

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

Sexual Exploitation of Children: The law provides up to 15 years’ imprisonment for an adult convicted of sexual intercourse with a child younger than 14, the minimum age for consensual sex for both girls and boys. It is a crime to possess, trade, or privately view child pornography. Possession of or trading in child pornography is punishable by up to 10 years’ imprisonment. The government effectively enforced these laws.

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

Anti-Semitism

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

The IKG expressed concern that the COVID-19 crisis could lead to a further increase of anti-Semitism. The NGO Forum against Anti-Semitism reported 550 anti-Semitic incidents during 2019. These included physical assaults in addition to name-calling, graffiti and defacement, threatening letters, dissemination of anti-Semitic texts, property damage, and vilifying letters and telephone calls. Of the reported incidents, six concerned physical assaults, 18 threats and insults, 209 letters and emails, 78 vandalism, and 239 insulting behavior. The government provided police protection to the IKG’s offices and other Jewish community institutions in the country, such as schools and museums. The IKG noted that anti-Semitic incidents typically involved neo-Nazi and other related right-wing extremist perpetrators.

In August a 26-year-old Syrian living in the country attacked the Graz Jewish community leader with a stick. The leader managed to escape to his car uninjured. The perpetrator was arrested and also confessed to having vandalized the Graz synagogue with spray paint in the weeks prior to the attack. The chancellor, vice chancellor, federal ministers, governors, opposition leaders, and religious representatives sharply condemned the attacks as an attack on all Austrians. Several hundred individuals attended a locally organized solidarity vigil at the Graz synagogue.

According to press reports, on November 26, a woman with a knife attacked a rabbi in Vienna, pulled his skullcap from his head, and yelled an anti-Semitic insult (“Slaughter all Jews!”) before fleeing. Chancellor Kurz and Interior Minister Nehammer sharply condemned the attack, stating everything must be done to ensure the Jewish community’s safety. The case was under investigation by the State Office for the Protection of the Constitution and Combating Terrorism.

School curricula included discussion of the Holocaust, the tenets of different religious groups, and advocacy of religious tolerance. The Education Ministry offered special teacher training seminars on Holocaust education and conducted training projects with the Anti-Defamation League.

In August a 2019 amendment of the Citizenship Act entered into force extending citizenship to descendants of Austrian victims of National Socialism.

Trafficking in Persons

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

Persons with Disabilities

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

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

Members of National/Racial/Ethnic Minority Groups

In response to a parliamentary inquiry, the Ministry of Interior published statistics citing 859 neo-Nazi extremist, racist, Islamophobic, or anti-Semitic incidents in 2019, down from 1,075 such incidents in 2018.

An NGO operating a hotline for victims of racist incidents reported receiving approximately 1,950 complaints in 2019. It reported that racist internet postings comprised 1,070 of the cases and were mostly directed against Muslims and migrants.

The Islamic Faith Community’s documentation center, established for tracking anti-Muslim incidents, reported receiving 1,051 complaints in 2019, a 94.6 percent increase compared with the 540 complaints received in 2018. Some 700 of the reported incidents took place on digital media. Incidents included verbal abuse and anti-Muslim graffiti. According to the Islamic Faith Community’s report, women were more likely to face discrimination in person, while men were more likely to face discrimination online.

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

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

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

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

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

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no cases of police or other government agents inciting, perpetrating, condoning, or tolerating violence against LGBTI individuals or those reporting on such abuse. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTI organizations generally operated freely. Civil society groups criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

In August a 26-year-old Syrian living in Austria defaced the walls of an LGBTI community center in the Styrian capital Graz. Police arrested the perpetrator, who also attempted to attack the president of the Graz Jewish community. In September speakers at a demonstration against COVID-19 restrictions tore apart an LGBTI flag, shouting, “Children need to be protected against child molesters.” A Vienna Green politician filed incitement charges against the speakers.

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, and were commensurate with those under other laws involving denials of civil rights. 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. Penalties ranged from six months’ to five years’ imprisonment for offenses involving an adult victim and from one to 10 years’ imprisonment for those involving a child victim and were commensurate with those for similar crimes.

NGOs noticed an upward trend in labor trafficking. Traffickers exploited men and women from Eastern Europe, Southeast Asia, and China in forced labor, primarily in restaurants, construction, agriculture, health care, and domestic service, including in diplomatic households. Seasonal migrants were especially vulnerable to labor trafficking, particularly during the harvest seasons. Traffickers exploited children, persons with physical and mental disabilities, and Roma in 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 age 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but they 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 children, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

The labor inspectorate of the Ministry of Labor, Family, and Youth 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 commensurate with those for other analogous crimes.

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 commensurate with laws relating to civil rights.

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. Persons with disabilities had difficulty accessing the workplace. 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 establish 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 2019 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 must not exceed an average of 48 hours per week over a period of 17 weeks. 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. Penalties were commensurate with other similar crimes.

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. Inspectors have the authority to make unannounced inspections and initiate sanctions. Resources and remediation remained adequate. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code. Penalties are commensurate with those for other crimes, such as negligence.

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, risk assessment, and 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. In 2018 a total of 148 workers died in industrial accidents.

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. In a December 2018 parliamentary election, Sheikh Hasina and her Awami League party won a third consecutive five-year term that kept her in office as prime minister. This election was not considered free and fair by observers and was marred by reported irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters.

The security forces encompassing the national police, border guards, and counterterrorism units such as the Rapid Action Battalion 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. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government or its agents; forced disappearance by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government or its agents; harsh and life-threatening prison conditions; arbitrary or unlawful detentions; arbitrary or unlawful interference with privacy; violence, threats of violence and 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 nongovernmental organization laws and restrictions on the activities of such organizations; restrictions on freedom of movement; restrictions on political participation; corruption; criminal violence against women and girls and lack of investigation and accountability; crimes involving violence or threats of violence targeting indigenous people; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex persons; laws criminalizing consensual same-sex sexual conduct; significant restrictions on independent trade unions and workers’ rights; and 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. Many journalists self-censored their criticisms of the government due to harassment and fear of reprisal.

Freedom of Speech: 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 latitude to interpret it. 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 which constitutes contempt of court, defamation, or incitement to an offense. The law criminalizes any criticism of constitutional bodies.

The 2018 Digital Security Act (DSA), passed ostensibly to reduce cybercrime, provides for sentences of up to 10 years’ imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag.

During the COVID-19 outbreak, the government widely used the DSA against persons questioning the government’s handling of the pandemic. The government also issued other restrictions on freedom of speech. On April 16, the Department of Nursing and Midwifery banned nurses from speaking to the press after the media reported the health sector’s lack of preparation in managing COVID-19. On April 23, Health Minister Zahid Maleque banned all health officials from speaking with the media.

On October 13, the Ministry of Home Affairs issued a press release restricting “false, fabricated, misleading and provocative statements” regarding the government, public representatives, army officers, police, and law enforcement through social media in the country and abroad. The release said legal action would be taken against individuals who did not comply, in the interest of maintaining stability and internal law and order in the country.

During the week of May 3, press outlets reported at least 19 journalists, activists, and other citizens were charged under the DSA with defamation, spreading rumors, and carrying out antigovernment activities. Media accounts of a police case report involving 11 accused individuals detailed Rapid Action Battalion search of mobile phones of two accused and found “antigovernment” chats with other accused individuals. According to the police, these “antigovernment” chats sufficed as evidence to charge and detain the individuals under the DSA.

Freedom of 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 were pressured by the government.

The government maintained editorial control over the country’s public television station and mandated private channels broadcast government content at no charge to the viewer. 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 and student affiliates of the ruling party, subjected journalists to physical attacks, harassment, and intimidation, especially when tied to the DSA. The DSA was viewed by human rights activists as a government and ruling party tool to intimidate journalists. The Editors’ Council, an association of newspaper editors, stated the DSA stifled investigative journalism. Individuals faced the threat of being arrested, held in pretrial detention, subjected to expensive criminal trials, fines, and imprisonment, as well as the social stigma associated with having a criminal record.

On April 10, during the government instituted lockdown to control COVID-19 transmission, a police constable from Hazaribagh police station beat Nasir Uddin Rocky, a journalist with Daily Jugantar, and his brother Saifuddin Quraish, a health worker, even though both men had cards around their necks identifying themselves as essential workers. Officials relieved the constable of his duties, and nongovernmental organizations (NGO) reported the police had initiated an investigation into the case.

Censorship or Content Restrictions: Independent journalists and media 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. In September a group of media experts, NGOs, and journalists said the downward trend of the rule of law and freedom for the media went hand in hand with government media censorship, which, in civil society’s view, translated to the government’s distrust of society.

Privately owned newspapers usually were free to carry diverse views. Political polarization and self-censorship remained a problem. Investigative journalists often complained of their management and of editors “killing” reports for fear of pressure from the government and its intelligence agencies. Some journalists 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.

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. As of July, 420 petitions requesting an investigation had been filed under the Digital Security Act with more than 80 individuals arrested. Law referring to defamation of individuals and organizations was used to prosecute opposition figures and members of civil society.

Nongovernmental Impact: Atheist, secular, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) writers and bloggers reported they continued to receive death threats from violent extremist organizations.

During June and July, the RSF reported a number of societal attacks against journalists, many in connection with anger over published reports with allegations of corruption and nepotism in the government’s COVID assistance response. According to the RSF, 10 men beat journalist Shariful Alam Chowdhury with steel bars, machetes, and hammers. During the beating, Chowdhury’s arms and legs were broken. Chowdhury’s family told the RSF they believed local village council authorities called for this attack.

Internet Freedom

The government restricted and disrupted access to the internet and censored online content in isolated incidents. The government banned virtual private networks and voice over internet protocol telephone but rarely enforced this prohibition.

In several incidents the government interfered in internet communications, filtered or blocked access, restricted content, and censored websites or other communications and internet services. It suspended or closed many websites based on vague criteria, or with explicit reference to their pro-opposition content being in violation of legal requirements.

During the year the government restricted 3G and 4G mobile internet service in Rohingya refugee camps for “security reasons,” according to government officials, and ordered mobile service providers to stop selling SIM cards to Rohingya refugees.

The Bangladesh Telecommunication Regulatory Commission (BTRC) is charged regulating telecommunications. It carries out law enforcement and government requests to block content by ordering internet service providers to take action. The BTRC filtered internet content the government deemed harmful to national unity and religious beliefs.

Al-Jazeera remained blocked in the country; the government blocked it in March 2019, hours after it published an article detailing the alleged involvement of a senior security and defense figure in the disappearance of three men as part of a business dispute involving his wife. In August, Amar Desh, a popular news outlet with views favoring the opposition party, started publishing online news through a United Kingdom “.uk” domain. The government had shut down Amar Desh in 2016. Less than 24 hours after Amar Desh began operating, the government blocked the website.

In early April the BRTC blocked Radio Free Asia affiliate BenarNews after the outlet covered a leaked UN memo warning two million Bangladeshis could die from COVID-19 absent appropriate government measures. While access was partially restored in May, observers note the BenarNews website was occasionally blocked up to year’s end.

Academic Freedom and Cultural Events

Although the government placed few restrictions on academic freedom or cultural events, authorities discouraged research on sensitive religious and political topics that might fuel possible religious or communal tensions. Academic publications on the 1971 independence war were also subject to scrutiny and government approval.

In June, Begum Rokeya University authorities filed a complaint under the Digital Security Act against Professor Sirajum Munira for a Facebook post the university authorities claimed mocked the late Mohammad Nasim, a former senior government official in the health ministry. Although Munira apologized and deleted the post, police used a screenshot of the deleted post as evidence to arrest her. Several days later a private attorney filed a police complaint under the Digital Security Act against Rajshahi University professor Kazi Zahidur Rahman for making “defamatory comments” regarding Nasim in two Facebook posts. Rahman was later arrested in connection with this complaint. Media reported both Begum Rokeya University and Rajshahi University suspended these professors following their arrests.

b. Freedoms of Peaceful Assembly and Association

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

Freedom of Peaceful Assembly

The law provides for the right to peaceful assembly, but the government limited this right. The law gives the government broad discretion to ban assemblies of more than four persons. The government requires advance permission for gatherings such as protests and demonstrations.

According to human rights NGOs, authorities continued to use approval provisions to disallow gatherings by opposition groups and imposed what observers saw as unreasonable requirements for permits. Occasionally police or ruling party activists used force to disperse demonstrations.

Freedom of Association

The law provides for the right of citizens to form associations, subject to “reasonable restrictions” in the interest of morality or public order, and the government generally respected this right. The government’s NGO Affairs Bureau sometimes withheld its approval for foreign funding to NGOs working in areas the bureau deemed sensitive, such as human rights, labor rights, indigenous rights, or humanitarian assistance to Rohingya refugees (see sections 2.d., 5, and 7.a.).

The law places restrictions on the receipt of foreign funds by NGOs or government officials and provides for punishment of NGOs making any derogatory comments regarding the constitution or constitutional institutions (see section 5).

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, 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 and also restricted the movement of Rohingya refugees. While foreign travel is allowed, some senior civil society and international NGO representatives reported harassment and delays at the airport when applying for a visa, entering, or departing the country. The government prevented war crimes suspects from the 1971 independence war from leaving the country.

e. Status and Treatment of Internally Displaced Persons

Societal tensions and marginalization of indigenous persons continued in the CHT as a result of a government policy initiated during an internal armed conflict from 1973-97. This policy relocated landless Bengalis to the CHT with the implicit objective of changing the demographic balance to make Bengalis the majority, displacing tens of thousands of indigenous persons.

The internally displaced persons (IDPs) in the CHT had limited physical security. Community leaders maintained indigenous persons faced widespread violation of their rights by settlers, sometimes supported by security forces. See section 6, indigenous persons.

The number of IDPs in the CHT remained disputed. In 2000 a government task force estimated it to be 500,000, which included nonindigenous as well as indigenous persons. The CHT Commission recently estimated slightly more than 90,000 indigenous IDPs resided in the CHT. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and close remaining military camps, but the taskforce on IDPs remained unable to function due to a dispute over classifying settlers as IDPs. The commission reported authorities displaced several indigenous families to create border guard camps and army recreational facilities. No land disputes were resolved during the year.

f. Protection of Refugees

The government is not a party to the 1951 Convention Relating to the Status of Refugees or the 1967 Protocol. As a result the government claims it is not under legal obligation to uphold the basic rights enshrined in this treaty.

Prior to the 2017 Rohingya arrivals, 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 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 and other atrocities in neighboring Burma to seek safe haven in Bangladesh. As a result of this influx, more than 860,000 registered Rohingya refugees were living in refugee camps, makeshift settlements, and host communities. The government did not recognize the 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 the Rohingya did not enjoy full freedom of movement throughout the country.

A National Task Force under 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 army and border guards. At the local level, the Refugee, Relief, and Repatriation Commission provided coordination. While telecommunication services in Cox’s Bazar were restored in August, the one-year restriction 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, and sharing critical information related to the coronavirus.

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to Rohingya refugees. NGOs reported human trafficking was common in the camps with few cases prosecuted in the country’s judicial system. When discovered, government officials returned trafficking victims to the camps.

International organizations reported 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 CiCs were susceptible to corruption. International organizations alleged some border guard, military, and police officials were involved in facilitating 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.

In May the Bangladesh navy rescued Rohingya boat refugees stranded in the open waters and later brought 306 of these refugees to Bhasan Char, a Bangladeshi, remote island in the Bay of Bengal. Rohingya located at Bhasan Char had no means to travel to camps in Cox’s Bazar, where many claimed to have family members. Bhasan Char residents had no means to exit the island, leading some human rights groups to characterize the Rohingya stay on the island as “detention.” Despite pleas from international human rights groups to move the refugees to the mainland, the government rejected the request and said the refugees lived better lives on the island than within the cramped living conditions in Cox’s Bazar.

Authorities have not yet agreed on terms of reference with the UN for an independent protection mission or terms of reference for a technical assessment of Bhasan Char. Human Rights Watch and other human rights groups stated the Rohingya refugees relocated to the island as of September lacked medical access and proper sanitation, including supplies for safe menstrual hygiene. Those on the island state they are denied freedom of movement and have no access to sustainable livelihoods or education. On September 21, several Rohingya refugees began a hunger strike to protest their continued stay on the island. International media, including the Guardian, reported security forces on the island have sexually assaulted Rohingya refugees. Human Rights Watch also reported navy personnel beat them with rubber sticks and tree branches when they protested their stay on the island. Authorities have not investigated these reports.

International media, including The Guardian, reported authorities relocated an additional 1,642 Rohingya refugees to Bhasan Char in early December, and an additional 1,800 in late December. Future relocations are planned, and questions regarding the voluntariness of those refugees relocating remain.

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. Prior to 2017, 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 more than 740,000 additional Rohingya refugees, the government started to register the new refugees biometrically and provided identity cards with their Burmese addresses. At the end of 2019, the government completed the second phase of its joint registration exercise 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 stance 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.

Freedom of Movement: There were 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 official 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 2019 the government began erecting watchtowers and fencing in the camps; the government stated the objective was to better secure the camp and protect Rohingya from migrant smuggling, while humanitarian agencies expressed concerns that fencing would hinder delivery of services to refugees and exacerbate tensions between refugees and host communities.

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 activities for Rohingya to perform tasks within the camps. Despite their movement restrictions, some refugees worked illegally as manual laborers on 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 which 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 hindering 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 certify students have attained a specific education level by the Bangladeshi or Burmese government, however. In January the government endorsed an education sector pilot program to provide education using the Burmese national curriculum to 10,000 Rohingya refugee children by the end of the year. Implementation has been delayed due to COVID-19-related closures of refugee learning centers.

Government authorities allowed registered and unregistered Rohingya 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 on all of the health facilities within the camps and the surrounding areas. Based on the data available, overall coverage met the minimum requirements.

g. Stateless Persons

The Rohingya in the country were legally or in fact stateless. They could not acquire citizenship, nor does the government of Burma recognize them as citizens.

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, which in turn continued to report harassment by government officials and security forces, including disruption of their planned events.

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 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.

The law restricts foreign funding of NGOs and includes punitive provisions for NGOs making “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 the country 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. The NHRC’s primary activities are to investigate human rights violations, address discrimination in law, educate the public on human rights, and advise the government on key human rights issues.

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

Women

Rape and Domestic Violence: The law only prohibits rape of girls and women by men and physical spousal abuse, but the law excludes marital rape if the girl or woman is older than 13. Rape can be punished by life imprisonment or the death penalty.

Credible human rights organizations found rape remained a serious issue in the country, with reported rapes throughout the year roughly keeping pace with previous years. Domestic human rights group Ain o Salish Kendra reported at least 975 women were raped during the first nine months of the year. In comparison, Odhikar reported 1,080 women and children were raped between January and December 2019; among them 330 were women, and 737 were below the age of 18.

There were reports of sexual violence committed with impunity. In October a video of several men gang-raping a woman was released on social media. The video showed the men using sticks to torture the women and helping each other rape the woman. In the video the woman can be heard pleading, “I am calling you my father, my brother, please let me go! For the sake of Allah let me go!” Social outrage after the video was released online led to protests throughout the country. In response the government released an ordinance introducing the death penalty as the maximum punishment for rape, and on October 15 a court sentenced five men to death for the 2012 gang rape of a 15-year-old girl. Activists doubted the death penalty would deter future sexual assaults. Local lawyers cite the conviction rate for rape as less than 3 percent.

In September a newlywed couple visited a Sylhet college campus where they were accosted by a group of six men, all members of the ruling party’s student wing. The men forced both of them into a hostel on campus, tied up the husband, and gang-raped the wife. The husband immediately filed a complaint with the police. The incident triggered protests at the college with demonstrators alleging the accused “moved with impunity.” Demonstrators said college authorities kept the hostel–a dormitory controlled by the student political leaders–open during the pandemic, when other educational institutions had closed, “fully aware of various criminal activities” in the dormitories. Police later arrested all named suspects.

According to guidelines for handling rape cases, the officer in charge of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical and DNA tests must be conducted within 48 hours from when the incident was reported. Guidelines also stipulate every police station must have a female police officer available to victims of rape or sexual assault during the recording of the case by the duty officer. The statements of the victim must be recorded in the presence of a lawyer, social worker, protection officer, or any other individual the victim deems appropriate. Victims with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the victim to a timely medical examination.

A collection of political, sociocultural, and human rights groups said incidents of rape continued to occur due to a culture of impunity. According to human rights monitors, many victims did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to produce witnesses. The burden is on the rape victim to prove a rape occurred, using medical evidence.

Other Harmful Traditional Practices: Some media and NGOs reported violence against women related to disputes over dowries, despite recent legal changes prohibiting dowry demands. Under law an individual demanding or giving a dowry can be imprisoned for up to five years, fined, or both. ASK found 66 incidents of wives killed over dowry disputes during the first nine months of the year.

In June, Fatema Jinnan Jotsnya, age 25, was admitted to the hospital after her husband hit her on the head with an iron rod. She later died of her injuries. According to the police statement, Jotsnya’s husband beat her every Saturday over unfulfilled dowry expectations. Following Jotsnya’s death, her brother filed a case against the husband, his mother, and three other accused. Police arrested the husband, who confessed to his involvement in Jotsnya’s death.

A Supreme Court Appellate Division ruling allows the use of fatwas (religious edicts) only to settle religious matters; fatwas may not be invoked to justify punishment, nor may they supersede secular law. Islamic tradition dictates only those religious scholars with expertise in Islamic law may declare a fatwa. Despite these restrictions, village religious leaders sometimes made such declarations. The declarations resulted in extrajudicial punishments, often against women, for perceived moral transgressions.

Incidents of vigilantism against women occurred, sometimes led by religious leaders enforcing fatwas. The incidents included whipping, beating, and other forms of physical violence.

Assailants threw acid in the faces of victims, usually women, leaving them disfigured and often blind. Acid attacks were frequently related to a woman’s refusal to accept a marriage proposal or were related to land or other money disputes. In November 2019 the Acid Survivor Foundation said acid attacks dropped from 494 incidents in 2002 to eight during the first six months of 2019.

Sexual Harassment: Although sexual harassment is prohibited by a 2009 High Court guideline, harassment, also known as “Eve teasing,” was common according to multiple NGOs. During the pandemic, Manusher Jonno foundation, a local human rights group, found multiple instances of women reporting sexual harassment while receiving food assistance.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. LGBTI groups reported lesbian and bisexual women lacked access to basic sexual and reproductive health care.

Civil society organizations reported that survivors of child marriage had less negotiating power to make family planning choices. According to the 2017-18 Bangladesh Demographic and Health Survey (BDHS), three out of five girls marry by age 18, with an adolescent birth rate of 28 percent. UNICEF also found nearly five in 10 child brides gave birth before age 18 and eight in 10 child brides gave birth before age 20.

A full range of contraceptive methods, including long-acting reversible contraception and permanent methods, were available through government, NGO, and for-profit clinics and hospitals. Low-income families were more likely to rely on public family planning services offered free of cost. Religious beliefs and traditional family roles served as barriers to access. Government district hospitals had crisis management centers providing contraceptive care to survivors of sexual assault.

According to the World Bank’s most recent estimates, maternal mortality ratio declined from 2000 to 2017. During that timeframe, the ratio dropped from 434 to 173 maternal deaths per 100,000 live births. According to the 2017 BDHS, 12 percent of married women of reproductive age had unmet family planning needs. Weaknesses in the public health system, such as lack of trained providers and equipment in rural areas, resulted in inequitable access to information and services around the country.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution declares all citizens equal before the law with entitlement to equal protection under the law. It also explicitly recognizes the equal rights of women to those of men “in all spheres of the state and of public life.” According to human rights NGOs, the government did not always enforce the constitution or the laws pertaining to gender equality effectively. Women do not enjoy the same legal status and rights as men in family, property, and inheritance law. Under traditional Islamic inheritance law, daughters inherit only half of what sons do. Under Hindu inheritance law, a widow’s rights to her deceased husband’s property are limited to her lifetime and revert to the male heirs upon her death. In September the High Court issued a ruling stating Hindu widows in the country were entitled to all properties of their deceased husbands–including agricultural property. Previously Hindu women were entitled only to their husband’s homestead properties.

Children

Birth Registration: Individuals are born citizens if their parents were Bangladeshi citizens, if the nationality of the parents is unknown and the child is born in Bangladeshi territory, or if their fathers or grandfathers were born in the territories now part of the country. The government currently does not register births for Rohingya refugees born in Cox’s Bazar. If a person qualifies for citizenship through ancestry, the father or grandfather must have been a permanent resident of these territories in or after 1971. Birth registration is required to obtain a national identity card or passport.

Education: Education is free and compulsory through eighth grade by law, and the government offered subsidies to parents to keep girls in class through 10th grade. Teacher fees, books, and uniforms remained prohibitively costly for many families, despite free classes, and the government distributed hundreds of millions of free textbooks to increase access to education. Enrollments in primary schools showed gender parity, but completion rates fell in secondary school, with more boys than girls completing that level. Early and forced marriage was a factor in girls’ attrition from secondary school. Educational institutions closed in mid-March due to the pandemic and the government extended these closures until October, moving to a fully online curriculum. Numerous civil society organizations said many families of school-aged children struggled to find access to the internet in order to benefit from online schooling.

Child Abuse: Many forms of child abuse, including sexual abuse, physical and humiliating punishment, child abandonment, kidnapping, and trafficking, continued to be serious and widespread. Children were vulnerable to abuse in all settings: home, community, school, residential institutions, and the workplace. The law prohibits child abuse and neglect with a penalty of up to five years, a fine, or both. According to Bangladesh Shishu Adhikar Forum (BSAF), the law was not fully implemented, and juvenile cases–like many other criminal cases–often lagged in the judicial system. The Department of Social Services, under the Ministry of Social Welfare, operated “Child Helpline–1098,” a free telephone service designed to help children facing violence, abuse, and exploitation. The hotline received approximately 80,000 calls a year on average and was accessible from anywhere in the country. The hotline center provided services such as rescue, referral, and counseling.

In 2019 the BSAF published a report on child rape, stating children as young as two were among the rape victims and cited a failure of the law and order situation in the country as reason for the increase in child rape. In September the domestic organization Human Rights Support Society found that in the first six months of the year, more than half the number of reported rapes were of children under the age of 16.

During the year former students detailed multiple allegations of sex abuse at the hands of teachers and older pupils in Islamic madrassahs. In September a father of a nine-year-old girl in Cox’s Bazar accused his daughter’s teacher of raping her inside a local madrassa. Many smaller schools had few teachers and no oversight from governing bodies.

Despite advances, including establishing a monitoring agency in the Ministry of Home Affairs, trafficking of children and inadequate care and protection for survivors of trafficking continued to be problems. Child labor and abuse at the workplace remained problems in certain industries, mostly in the informal sector, and child domestic workers were vulnerable to all forms of abuse at their informal workplaces.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for women and 21 for men. The law includes a provision for marriages of women and men at any age in “special circumstances.” The government did not implement the recommendations raised by child rights organizations, human rights organizations, and development partners concerning this provision.

In October, UNICEF reported 51 percent of women married before reaching 18, a decrease from its 2018 report where the organization estimated the figure at 59 percent.

In an effort to reduce early and forced marriages, the government offered stipends for girls’ school expenses beyond the compulsory fifth-grade level. The government and NGOs conducted workshops and public events to teach parents the importance of their daughters waiting until age 18 before marrying. Numerous civil society organizations drew correlations between the extended school closures due to the pandemic and an increased risk of school drop-outs and child marriage.

Sexual Exploitation of Children: The penalty for sexual exploitation of children is 10 years’ to life imprisonment. Child pornography and selling or distributing such material is prohibited. In 2019 the NGO Terre des Hommes-Netherlands released a report stating street children were the most vulnerable to sexual exploitation but had little legal redress due to a lack of social and financial support and a lengthy criminal justice system. The report said although the government took “necessary legal and institutional measures to combat commercial sexual exploitation, children face multiple challenges in accessing justice.” The report found 75 percent of female children living on Dhaka streets were at risk of sexual exploitation. Underage girls working in brothels were able to produce notarized certificates stating they were older than age 18, and some NGOs claimed corrupt government and law enforcement officials condoned or facilitated these practices. Traffickers lured girls from all over the country into commercial sexual exploitation in legal and illegal brothels and private hotels.

Displaced Children: See section 2.d.

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

Anti-Semitism

There was no Jewish community in the country. Politicians and imams reportedly used anti-Semitic statements to gain support from their constituencies.

Trafficking in Persons

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

Persons with Disabilities

The law provides for equal treatment and freedom from discrimination for persons with disabilities, and the government took measures to enforce these provisions more effectively. NGOs reported the government took cases of violence based on discrimination against disabled persons seriously, and official action was taken to investigate and punish those responsible for violence and abuses against those with disabilities. Nonetheless, a May academic study found 2.2 million criminal cases against persons with disabilities pending. The study determined that persons with disabilities were “the most vulnerable among the vulnerable.”

Although the law requires physical structures be made accessible to those with disabilities, the government did not implement the law effectively. For example, government buildings had no accommodations for disabled individuals. The law calls for the establishment of local committees to expedite implementation of the law, but most committees had not been activated. In many cases local authorities were not aware of their responsibilities under this law.

The law requires persons with disabilities to register for identity cards to track their enrollment in educational institutions and access to jobs. This registration allows them to be included in voter lists, to cast votes, and to participate in elections. It states no person, organization, authority, or corporation shall discriminate against persons with disabilities and allows for fines or three years’ imprisonment for giving unequal treatment for school, work, or inheritance based on disability, although implementation of the law was uneven. A 27-member National Coordination Committee is charged with coordinating relevant activities among all government organizations and private bodies to fulfill the objectives of the law. Implementation of the law was slow, delaying the formation and functioning of Disability Rights and Protection Committees required by the legislation.

According to the NGO Action against Disability, some children with disabilities did not attend public school due to lack of special accommodation, but data was not readily available. The government trained teachers on inclusive education and recruited disability specialists at the district level. The government also allocated stipends for students with disabilities. A peer-reviewed study released in July found many families with children with disabilities lacked knowledge and access to government programs and benefits. Many organizations reported visually disabled persons experienced difficulties accessing technology, depriving them of equal access to education, information, health, and other basic human rights.

The law affords persons with disabilities the same access to information rights as nondisabled persons, but family and community dynamics often influenced whether these rights were exercised.

The law identifies persons with disabilities as a priority group for government-sponsored legal services. The Ministry of Social Welfare, Department of Social Services, and National Foundation for the Development of the Disabled are the government agencies responsible for protecting the rights of persons with disabilities.

The government took official action to investigate those responsible for violence and abuses against persons with disabilities.

Government facilities for treating persons with mental disabilities were inadequate. The Ministry of Health established child development centers in all public medical colleges to assess neurological disabilities. Several private initiatives existed for medical and vocational rehabilitation as well as for employment of persons with disabilities. National and international NGOs provided services and advocated for persons with disabilities. The government operates 103 disability information and service centers in all 64 districts, where local authorities provided free rehabilitation services and assistive devices. The government also promoted autism research and awareness. The government inaugurated an electronic system to disburse social welfare payments, including disability allowances.

Government inaction limited the rights of persons with disabilities to participate in civic life, including accessibility during elections.

Members of National/Racial/Ethnic Minority Groups

There were no major attacks on religious minorities motivated by transnational violent extremism. There were, however, reports of attacks on Hindu and Buddhist property and temples for economic and political reasons, and some of these faith groups said attacks on religious structures increased during the pandemic.

NGOs reported national origin, racial, and ethnic minorities faced discrimination. For example, some Dalits (lowest-caste Hindus) suffered from restricted access to land, adequate housing, education, and employment.

The estimated 300,000 Urdu-speaking population (known as Biharis, originally Urdu-speaking Muslims who migrated to then-East Pakistan before the Bangladesh Liberation War) were formerly stateless, but members from this community said their requests to obtain passports were rejected by immigration officers due to their address. The overwhelming majority of this population still resided in refugee-like camps established by the International Community of the Red Cross in the 1970s, when many believed they would return to Pakistan following the 1971 war.

Indigenous People

The CHT indigenous community experienced widespread discrimination and abuse despite nationwide government quotas for participation of indigenous CHT residents in the civil service and higher education. These conditions also persisted despite provisions for local governance in the 1997 CHT Peace Accord, which has not been fully implemented–specifically the portions of the accord empowering a CHT-specific special administrative system composed of the three Hill District Councils and the Regional Council. Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding land dispute resolution procedures under the Land Commission Act.

In April during the early onset of the COVID-19 pandemic, multiple NGOs reported severe food insecurity owing to the abrupt job loss by indigenous persons outside CHT. Since many indigenous persons most in need of assistance lived in remote areas difficult to access by vehicles, many indigenous communities reported receiving no government assistance. In October a group of indigenous tribal leaders presented a memorandum to the government stating a significant portion of the food security needs of marginalized communities in CHT remained unmet.

In addition to food insecurity, an August study found land confiscations, livelihood risks, and violence against indigenous women increased during the coronavirus pandemic. While the country had a 20 percent poverty rate, poverty in the plains where some indigenous persons lived was over 80 percent and over 65 percent in CHT. The study also found a lack of health care for indigenous persons. Other organizations corroborated health care available to indigenous persons was well below the standard available to nonindigenous persons in the country.

Indigenous communities in areas other than the CHT reported the loss of land to Bengali Muslims, and indigenous peoples’ advocacy groups reported deforestation to support Rohingya refugee camps and other commercial pursuits caused severe environmental degradation in their land, adversely affecting their livelihoods. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. In September an indigenous persons organization reported Bengali settlers destroying indigenous land in Bandarban district in order to construct brick kilns. According to the organization, the environmental degradation put the locals’ health at risk.

The central government retained authority over land use. The land commission, designed to investigate and return all illegally acquired land, did not resolve any disputes during the year. According to one organization, Naika Mardi, an indigenous person and Liberation War fighter, was unable to register 0.04 acres of land to his name, even after trying for 10 years. Madi had been living on this land since before independence in 1971.

The Chakma and Marma indigenous communities, organized under different political groups, engaged in intraindigenous community violence. The factional clashes between and within the United Peoples’ Democratic Forum (UPDF) and the Parbatya Chattagram Jana Samhati Samiti resulted mostly from the desire to establish supremacy in particular geographic areas. Media reported many leaders of these factions were engaged in extortion and smuggling of money, drugs, and arms. Meanwhile, the deaths and violence remained unresolved. During the year NGOs and indigenous persons themselves warned intraparty violence in CHT had sharply risen.

In 2019 UPDF leader and indigenous rights activist Michael Chakma disappeared after he left his house for an organizational event. Human rights groups and activists pressed the government to investigate his disappearance and claimed Chakma’s criticisms of government activities played a direct factor in his disappearance. Despite a May 2019 High Court order to the Ministry of Home Affairs Secretary for a report on Chakma’s disappearance, no investigation had begun at year’s end. Police said only that they could not find anyone named “Michael Chakma” in the country. Many observers compared this case with the 1996 disappearance of Kalpana Chakma, another indigenous rights activist and dissident. Despite 39 officers investigating the 1996 case, police in 2018 said they found only “initial proof” of her abduction, while admitting an overall failure to identify the culprit, and concluded the chances of recovering Kalpana Chakma remained unlikely.

Reports of sexual assaults on indigenous women and children by Bengali neighbors or security personnel remain unresolved. In September an organization reported two military personnel raped a ninth-grade indigenous girl from the Kulaura Cameli Duncan Foundation School.

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

Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. LGBTI groups reported official discrimination in employment and occupation, housing, and access to government services.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

The government took positive steps to increase LGBTI inclusion. On September 16, the Director General of the Bangladesh Bureau of Statistics announced the 2021 national census would include hijra as a “third gender” category.

HIV and AIDS Social Stigma

Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men.

Other Societal Violence or Discrimination

Vigilante killings occurred, but fell from the high totals in 2019 when human rights groups reported 54 individuals lynched, 44 in July 2019 alone. In September police charged 15 suspects with the killing of housewife Taslima Begum, who was publicly lynched in July 2019 after a mob wrongly suspected her of child abduction. Begum and her four-year-old daughter were en route to a government primary school to inquire regarding admitting her girl to school when she was killed. The issuance of illegal fatwas and village arbitration, which a prominent local NGO defined as rulings given by community leaders rather than religious scholars, also occurred.

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 Registrar of Trade Unions regularly abused its discretion and denies applications for no reason, for reasons not recognized in law or regulation, or by fabricating shortcomings in the application. One union representative explained she had completed all paperwork to form a union and had support from 30 percent of workers, but the union registration was rejected by the Directorate of Labor because the factory claimed it had hundreds of additional employees. Organizers’ names were shared with the factory owner and all were fired.

The labor law definition of workers excludes managerial, supervisory, and administrative staff. Firefighting 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 law continued to ban trade unions and severely restricted the right to organize and bargain collectively for the nearly 500,000 workers in export processing zones (EPZs). Worker welfare associations (WWAs), dominated by the Bangladesh Export Processing Zones Authority (BEPZA), continue to replace the function of independent, democratically elected unions in EPZs. The law strictly limits the right to strike, giving BEPZA’s chairperson discretion to ban any strike viewed 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. WWAs in EPZs are prohibited from establishing any connection to outside political parties, unions, federations, or NGOs. 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 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. Unfair labor practices, including antiunion discrimination, were expressly prohibited, but 2018 amendments to labor law halved penalties for both employers and workers. Workers were often charged with unfair labor practices; employers rarely were. The government did not effectively enforce applicable laws. Penalties were commensurate with those for other laws involving denials of civil rights. 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 law establishes mechanisms for conciliation, arbitration, and dispute resolution by a labor court. The Department of Inspection for Factories and Establishments (DIFE) has the authority to mediate wage-related disputes, but its decisions are not binding. The government reported nine complaints were filed for unfair labor practices; three were resolved according to the law and standard operating procedures, six remained open, and no employers were penalized. Trade union federations reported they have stopped filing unfair labor cases due to the enormous backlog of existing cases in labor courts.

The law 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. Work stoppages, strikes, and workplace actions were prevalent during the year in several sectors, and generally concerned past-due wages, improper or illegal shutdowns, layoffs, terminations and discrimination. In one example, the manager of Ettade Jeans Ltd. filed a criminal case against 65 to 75 workers who, protesting an announced six-month delay to their holiday bonus, vandalized the factory, severely injured and robbed a man in management, and threatened other workers.

According to Solidarity Center, union registration applications and approvals have declined significantly since 2013, and workers face significant challenges registering unions. Despite the adoption of standard operating procedures for union registration in 2017, Solidarity Center reported the process routinely takes longer than the 60-day maximum time, and nearly half of all union applications are arbitrarily denied. Through August, Solidarity Center’s partners assisted nine unions with their registration, and five were approved. The government reported receiving 231 total valid applications in 2020 and approving 145, with 68 still to be reviewed in September.

Workers in the ready-made garment sector reported particular resistance when seeking to establish unions and engage in collective bargaining. In a 2018 survey, the Centre for Policy Dialogue, a local think tank, collected data from 3,856 ready-made garment factories employing 3.6 million workers, and found 97.5 percent of them had no union. During the year the Ministry of Labor and Employment reported the ready-made garment sector had 909 active trade unions and 1,609 participation committees. Labor leaders asserted while there are perhaps 80 to 90 active unions, only 30 to 40 actually negotiate because intimidation, corruption, and violence continue to constrain union organizing. The ministry reported the shrimp sector had 16 unions and the leather and tannery sector had 13. The tea sector had one union–the largest in the country–representing 95,000 to 100,000 workers.

Labor rights groups reported workers routinely faced retaliation and violence for asserting their rights under the law, including organizing unions, raising concerns, or even attending union information sessions. For example in June, management at Romana Fashion of East West Industrial Park fired 122 workers including seven union leaders when they pointed out union members were being transferred to different floors and divisions. After thousands protested the prime minister’s decision to close 26 state-owned jute mills and force 50,000 into early retirement, two labor leaders were taken from their homes on July 5 by unidentified, armed men, then appeared in police custody 30 hours later under charges stemming from a 2019 protest. When workers protested the closure of Viyellatex Limited, police beat and filed false cases against them, and factory management blacklisted 95 workers for their alleged misconduct and posted a list of their names on the factory wall. Individuals harassed and blocked Solidarity Center staff from approaching the factory, threatening sexual violence against female staff who tried to meet with workers.

Additionally, workers in unions have been subjected to police violence, mass dismissals, and arrests of union leaders for asserting their rights to protest. Police intimidated unions in the ready-made garment industry by frequently visiting their meetings and offices, photographing or recording meetings, and monitoring NGOs supporting trade unions. The International Trade Union Confederation (ITUC) noted major discrepancies in labor legislation that do not align with the standards of the International Labor Organization and emphasized concerns regarding police crackdowns on workers protesting wages. ITUC also called for more measures to restrain interference in union elections.

According to labor law, every factory with more than 50 employees is required to have a participation committee (PC). The 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.

Workers from several factories also reported that since August 2018, BGMEA and factory owners have allegedly used a database of ready-made garment workers to blacklist those who brought demands to management or tried to form unions. Although created after the 2013 Rana Plaza collapse in order to have a record of workers (and potential victims of future disasters), the database now serves to track known union organizers or anyone who has brought a complaint to management to prevent these staff from finding employment at any other factory. Labor organizations also cited examples of factory owners willing to pay up to $12,000 to the Department of Labor to dismiss a union registration application, or to share the names of organizers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced or bonded labor offenses were commensurate with those for other analogous serious crimes. 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.

Over the past year, law enforcement conducted fewer investigations and denied credible reports of official complicity in hundreds of forced labor and commercial sexual exploitation cases. The government does not provide sufficient victim protective services, nor does it consistently follow victim identification procedures. There are no government-owned shelters for adult male 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.).

Traffickers exploited workers in forced labor through debt-based coercion and bonded labor in the shrimp and fish processing industries, aluminum and garment factories, brick kilns, dry fish production, and shipbreaking. NGOs reported officials permit traffickers to recruit and operate at India-Bangladesh border crossings and maritime embarkation points.

The over 860,000 undocumented Rohingya men, women, and children in refugee camps, who do not have access to formal schooling or work, are vulnerable to forced labor and commercial sexual exploitation, particularly by local criminal networks. International organizations report that officials take bribes from traffickers to access refugee camps.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The law regulates child employment, and the regulations depend on the type of work and the child’s age. The law establishes the minimum age for work as 14, and the minimum age for hazardous work as 18, with no exceptions. 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 hours per week in other types of workplaces. By law every child must attend school through eighth grade.

The government continued to fund and participate in programs to eliminate or prevent child labor, including building schools and a $35 million government-funded three-year project that began in 2018 and removed approximately 90,000 children from hazardous jobs. In 2019 the program reintegrated 1,254 children into schools and provided rehabilitation for 3,501 children as well as livelihood support for their parents.

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. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. DIFE enforces child labor laws in 42 sectors, and in the 2019-20 fiscal year it targeted four hazardous sectors in which to eliminate child labor completely: engineering, bakery, plastic, and hotels. Labor inspectors were not authorized to assess penalties–they have the power only to send legal notices and file cases in court. Even when courts imposed fines, however, they were too low to deter child labor violations.

Agriculture and other informal sectors that had no government oversight employed large numbers of children. The government found children working eight to 10 hours per day in restaurants, engineering workshops, local transportation, and domestic work. The government also reported underage children are found in almost all sectors except the export-oriented ready-made garment (RMG) and shrimp sectors.

Children engaged in the worst forms of child labor in the production of bidis (hand-rolled cigarettes), footwear, furniture and steel, glass, matches, poultry, salt, shrimp, soap, textiles, and jute, 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 bound for the local market, where the Bangladesh Labor Foundation reported 58 percent of workers are under 18, and 18 percent are under the age of 15.

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. In a survey conducted by an international organization, more than 400,000 children were found engaged in domestic work. Children engaged in forced labor in the leather industry and in criminal activities, such as begging and the production and transport of drugs. In begging rings, traffickers abused children to increase earnings.

Rohingya children residing in refugee camps were vulnerable to forced labor. Rohingya girls were trafficked from the camps to Dhaka or foreign 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 as shop hands, domestic workers, fishermen, and rickshaw pullers.

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 law does not describe a penalty for discrimination. The government did not effectively enforce the law and the penalties were commensurate with those for similar crimes.

The garment sector traditionally offered greater employment opportunities for women. Women represented the majority of garment-sector workers this year, 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 Oxford University and Center for Economic Research and Graduate Education Economics Institute 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. Solidarity Center partners reported there were no functioning antiharassment committees in garment factories, but the Garment Exporters’ Association announced it had visited more than 1,100 factories to confirm the committees had been established.

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).

The laws prohibiting adolescents from participating in dangerous work specify that women are equal to adolescents and are, therefore, prohibited from working with hazardous machinery, cleaning machinery in motion, working between moving parts, or working underground or underwater.

e. Acceptable Conditions of Work

The National Minimum Wage Board established minimum monthly wages on a sector-by-sector basis. The minimum wage was not indexed to inflation, but the board occasionally made cost-of-living adjustments to wages in some sectors. None of the set minimum wages provided a sufficient standard of living for urban dwellers, but many were above the poverty level. Failure to pay the specified minimum wage is punishable by a jail term up to one year, a fine, or both, and the employer should have to pay owed wages.

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. The law states that every worker should be allowed at least 11 festival holidays with full wages in a year, fixed by the employer in consultation with the collective bargaining agent (CBA), if any. Factory workers are supposed to receive one day off every week. Shop workers receive one and one-half days off per week. The labor law did not specify a penalty for forced overtime or failing to pay overtime wages.

The law establishes occupational health and safety standards, and amendments to the law created mandatory worker safety committees. The labor law specified sanctions when failure to comply caused harm; for loss of life, violators are subject to a four-year jail term, a fine, or both; for serious injury, a two-year jail term, a fine, or both; and for injury or danger violators face a six-month jail term, a fine, or both. Penalties for violations of occupational safety and health laws were commensurate with those for crimes such as negligence.

Labor law implementing rules outline the process for forming occupational safety and health committees in factories, and the government reported approximately 2,175 safety committees had been 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, DIFE arranges an election among the workers for their representatives.

DIFE’s resources were inadequate to inspect and remediate problems effectively. Labor inspectors only have the authority to make unannounced inspections in non-EPZ factories. They do not have the authority to initiate sanctions; they may notify establishments of violations in writing and lodge complaints in labor courts. DIFE regularly filed cases in the labor courts against employers for administrative violations of the law, such as not maintaining documents. MOLE reported DIFE has filed cases against some factories for failure to pay minimum wages and overtime during the year, but labor organizations had not seen any cases. There were also criticisms regarding DIFE’s complaint me