Central African Republic
The Central African Republic (CAR) is a presidential republic. Voters elected Professor Faustin-Archange Touadera president in a 2016 run-off election. Despite reports of irregularities, international observers reported the 2016 presidential and legislative elections were free and fair. On February 6, the government and 14 armed groups signed the Political Agreement for Peace and Reconciliation, their eighth peace accord, and President Touadera appointed Firmin Ngrebada as prime minister. An inclusive government was established on March 22 under Prime Minister Firmin Ngrebada. National elections are scheduled to take place December 2020.
Police and gendarmes have responsibility for enforcing law and maintaining order. The Central African Armed Forces (FACA) have responsibility for maintaining order and border security. The FACA report to the Ministry of Defense. Police and the gendarmerie report to the Ministry of Interior and Public Security. Civilian authorities’ control over the security forces continued to improve but remained weak. State authority beyond the capital improved with the deployment of prefects and FACA troops in the western and southeastern parts of the country; armed groups, however, still controlled significant swaths of territory throughout the country and acted as de facto governing institutions, taxing local populations and appointing armed group members to leadership roles.
Significant human rights issues included: arbitrary and unlawful killings and forced disappearance by ex-Seleka, Anti-balaka, and other armed groups; torture by security forces; arbitrary detention by security forces and armed groups; harsh and life-threatening prison conditions; violence against and unjustified arrests of journalists; widespread official corruption; unlawful recruitment and use of child soldiers by armed groups; trafficking in persons; crimes of violence against women and girls by armed groups, to which the government took increased action, but was often still unable to prevent or prosecute; criminalization of same-sex conduct; and use of forced labor, including forced child labor.
During the year the government started to take steps to investigate and prosecute government officials for alleged human rights abuses, including in the security forces. Nevertheless, a climate of impunity and a lack of access to legal services remained obstacles.
Intercommunal violence and targeted attacks on civilians by armed groups continued. Armed groups perpetrated serious abuses of human rights and international humanitarian law during the internal conflicts. Both ex-Seleka and Anti-balaka armed groups committed unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property.
Note: This report refers to the “ex-Seleka” for all abuses attributed to the armed factions associated with Seleka, including the Popular Front for the Renaissance in the Central African Republic (FPRC), the Union for Peace (UPC), and the Patriotic Movement for the Central African Republic (MPC), which occurred after the Seleka was dissolved in 2013.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law provide for freedom of expression and the press. The government generally respected these rights.
Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. All print media in the country were privately owned. Radio was the most widespread medium of mass communication. There were a number of alternatives to the state-owned radio station, such as Radio Centrafrique. Independent radio stations operated freely and broadcast organized debates and call-in talk shows that were critical of the government, election process, ex-Seleka, and Anti-balaka militias. International media broadcast within the country.
Public discussion and political debates were generally free from state authorities’ influence. Freedom of expression, however, was inhibited due to the risk of retaliation by armed groups for expressing opinions opposing their ideologies.
The government monopolized domestic television broadcasting, with coverage typically favorable to government positions.
The government did not restrict or disrupt access to the internet or censor online content. There were no credible reports that the government monitored private online communications without appropriate legal authority.
There were no reports that the government restricted academic freedom or cultural events. The country’s sole university was open.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for the freedoms of peaceful assembly and association, including the right to participate in political protests. The government, however, denied most requests to protest that were submitted by civil society groups, citing insecurity in Bangui.
Between April and June, the government repeatedly denied the right to peacefully demonstrate to a platform of civil society and opposition political parties, known as “E Zingo Biani.” On June 15, “E Zingo Biani” attempted to organize a meeting at the UCATEX stadium located in the Combatant district in the eighth constituency of Bangui near the Bangui M’poko Airport. The group submitted a request to the Ministry of Interior and Public Security; however, the request was denied. The Central African police, supported by MINUSCA forces as well as citizens who were part of a proregime paramilitary group called the “Central African Sharks Movement,” led by Heritier Doneng, prevented the demonstration from taking place. The group attempted to circumvent the ban peacefully with a demonstration and a march. Police fired teargas at the demonstrators, several of whom were severely injured. Former minister Joseph Bendounga and two AFP reporters were arrested by the OCRB.
A law prohibiting nonpolitical organizations from uniting for political purposes remained in place.
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, but the government did not always respect these rights.
The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Government forces, armed groups, and criminals alike frequently used illegal checkpoints to extort funds.
The country continued to face an acute humanitarian crisis. According to UNHCR, there were 613,031 internally displaced persons (IDPs) and 606,875 CAR refugees in neighboring countries at the end of August. Targeted violence against civilians by armed groups continued throughout the year. According to the Office of Coordination and Humanitarian Action (OCHA), attacks by armed groups against humanitarian organizations increased during the year. These attacks obstructed delivery of life-saving assistance to persons displaced by conflict.
Armed groups continued to target IDPs and threaten individuals and organizations attempting to shelter IDPs, including churches.
In March, 13 Muslim families that were among the IDPs in Bangassou returned to their homes in the village of Tokoyo.
In May many IDPs returned to their villages of origin due to the perception of improved security following the signature of the Political Agreement for Peace and Reconciliation (APPR), and a result of deteriorated living conditions in some IDP camps.
In June UNHCR and the governments of Cameroon and CAR agreed on the conditions for the voluntary repatriation of 285,000 Central Africans. This convention provided a legal framework for a voluntary return of CAR refugees living in Cameroon.
In July UNHCR and the governments of CAR and the Democratic Republic of the Congo (DRC) signed a Tripartite Agreement to facilitate the repatriation of CAR refugees living in the DRC.
Throughout the year clashes among armed groups caused death and destruction of property. According to UNHCR, many newly displaced persons suffered fatal attacks, robberies, lootings, and kidnappings. Even after reaching safe locations, they often risked assault by armed groups if they ventured outside of camps to search for food. In many affected areas, humanitarian assistance was limited to strictly life-saving interventions, due to limited access and insecurity. The presence of armed groups continued to delay or block planned humanitarian deliveries.
Humanitarian organizations remained concerned regarding evidence that members of armed groups continued to hide out in IDP sites and attempted to carry out recruitment activities. This raised concerns for the safety of humanitarian staff and vulnerable displaced individuals residing in these areas.
The humanitarian actors provided assistance to IDPs and returnees and promoted the safe voluntary return, resettlement, or local integration of IDPs. The government allowed humanitarian organizations to provide services, although security concerns sometimes prevented organizations from operating in some areas and targeted attacks on humanitarian operations impeded their ability to access some populations.
During the year three humanitarian workers were killed, and there were 90 reported incidents affecting humanitarian workers, premises, and assets.
f. Protection of Refugees
Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Individuals that had fled their countries of origin and had prior criminal records, however, were immediately repatriated.
In June the government celebrated the 36th anniversary of the National Commission for Refugees and gave 42 Rwandan refugees asylum certificates to remain in CAR.
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 abuses and violations. Government officials often were cooperative and responsive to their views.
Government Human Rights Bodies: In 2017 President Touadera signed into law an act establishing an independent National Commission on Human Rights and Fundamental Liberties (NCHRFL). The commission has the authority to investigate complaints, including the power to call witnesses and subpoena documents. In 2019 the NCHRFL collaborated with the Ministry of Justice, MINUSCA, and the African Union to draft the National Human Rights Policy for CAR. Additionally, the government was setting up the SCC’s victim and witness protection unit with MINUSCA’s assistance (see section 1.e.).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape, although it does not specifically prohibit spousal rape. Rape is punishable by imprisonment with hard labor, but the law does not specify a minimum sentence. The government did not enforce the law effectively.
Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison. Domestic violence against women was common, although there are laws and instrument prohibiting violence against women. The government took no known action to punish perpetrators.
Twelve cases of rapes were reported in the city of Berberati. During the year MINUSCA investigated 134 cases of sexual and gender-based violence by armed groups that involved 149 victims. A total of 62 suspected perpetrators were referred to authorities for prosecution. MINUSCA held 13 awareness and sensitization sessions throughout the country that were attended by 675 community members.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls, which is punishable by two to five years’ imprisonment and a fine of 100,000 to one million CFA francs ($170 to $1,700), depending on the severity of the case.
Nearly one-quarter of girls and women had been subjected to FGM/C, with variations according to ethnicity and region. Approximately one-half of girls were cut between the ages of 10 and 14. Both the prevalence of FGM/C and support for the practice declined sharply over time.
Sexual Harassment: The law prohibits sexual harassment, but the government did not effectively enforce the law in the areas controlled by armed groups, and sexual harassment was common. The law prescribes no specific penalties for the crime.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The formal law does not discriminate against women in inheritance and property rights, but a number of discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women.
Birth Registration: Children derive citizenship by birth in the national territory or from one or both parents. Birth registration could be difficult and less likely to occur in regions with little government presence. Parents did not always register births immediately. Unregistered children faced restrictions on access to education and other social services. The lack of routine birth registration also posed long-term problems.
Education: Education is compulsory from six to 15 years of age. Tuition is free, but students have to pay for items such as books and supplies and for transportation. The World Bank estimated 30 percent of children did not attend primary school and 22 percent did not attend secondary school. Girls did not have equal access to primary or secondary education. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. There was no significant government assistance for efforts to increase Ba’aka enrollment.
Child Abuse: The law criminalizes parental abuse of children younger than 15. The Mixed Unit for the Repression of Violence against Women and the Protection of Children (UMIRR) investigated 2,093 cases of child abuse between June 2017 and August 31, 2019.
In May, 105 children, including 48 girls, were released from unidentified armed groups in towns in the Bangassou and Kaga-Bandoro areas.
In June the FPRC armed group signed an action plan to combat serious violations of the rights of the child including, the recruitment and use of children in armed conflicts, killing and maiming of children, abduction, and sexual violence. In March, four armed groups released 202 child soldiers. UNICEF and MINUSCA continued efforts to secure the release of all children that were still retained by this armed group.
In July a 13-year-old girl, accused of practicing witchcraft, was tortured by her father in the village of Kere. As of September the girl remained under protective custody with national police in Bambari.
Domestic abuse, rape, and sexual slavery of women and girls by armed groups threatened their security, and sexual violence was increasingly used as a deliberate tool of warfare. Attackers enjoyed broad impunity. Constitutional provisions for women’s rights were rarely enforced, especially in rural areas. Sexual abuses by UN peacekeeping forces had been documented, but many instances had not been investigated or prosecuted.
Early and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. The practice of early marriage was more common in the Muslim community. There were reports during the year of forced marriages of young girls to ex-Seleka and Anti-balaka members. The government did not take steps to address forced marriage. For additional information, see Appendix C.
Sexual Exploitation of Children: During the year the government cabinet drafted the Child Protection Act. The draft legislation has a series of measures that address the exploitation of minors. The legislation was at the National Assembly for approval ratification at year’s end.
There are no statutory rape or child pornography laws to protect minors. The family code prescribes penalties for the commercial exploitation of children, including imprisonment and financial penalties. The minimum age of sexual consent is 18, but it was rarely observed.
Armed groups committed sexual violence against children and used girls as sex slaves (see sections 1.g. and 2.d.).
In April MINUSCA and the NGO Justice Rapid Response sponsored a three-day workshop for 26 child protection workers in Bangui. The workshop provided training to strengthen monitoring, investigating, and reporting skills necessary to address crimes against children.
Child Soldiers: Child soldiering was a problem (see section 1.g.).
Displaced Children: Armed conflict resulted in forced displacement, with the number of persons fleeing in search of protection fluctuating based on local conditions.
The country’s instability had a disproportionate effect on children, who accounted for 64 percent of IDPs, 48 percent of whom were children younger than five, according to a report by the International Organization for Migration. Access to government services was limited for all children, but displacement reduced it further. Nevertheless, according to a humanitarian NGO, an estimated 110,000 displaced and vulnerable children participated in psychosocial activities. UNICEF stated armed groups released 1,954 children in 2018-19.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
There was no significant Jewish community, and there were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with both mental and physical disabilities but does not specify other forms of disabilities. It requires that in any company employing 25 or more persons, at least 5 percent of staff must consist of sufficiently qualified persons with disabilities, if they are available. The law states that at least 10 percent of newly recruited civil service personnel should be persons with disabilities. There are no legislated or mandated accessibility provisions for persons with disabilities. In addition, there were no available statistics concerning the implementation of this provision.
The government did not enact programs to ensure access to buildings, information, and communications. The Ministry of Labor, of Employment and Social Protection’s Labor Inspectorate has responsibility for protecting children with disabilities.
Violence by unidentified persons, bandits, and other armed groups against the Mbororo, primarily nomadic pastoralists, was a problem. Their cattle wealth made them attractive targets, and they continued to suffer disproportionately from civil disorder in the north. Additionally, since many citizens viewed them as inherently foreign due to their transnational migratory patterns, the Mbororo faced occasional discrimination with regard to government services and protections. In recent years the Mbororo began arming themselves against attacks from farmers who objected to the presence of the Mbororo’s grazing cattle. Several of the ensuing altercations resulted in deaths.
Discrimination continued against the nomadic pastoralist Mbororo minority, as well as the forest dwelling Ba’aka. The independent High Authority for Good Governance, whose members were appointed in 2017, is tasked with protecting the rights of minorities and the handicapped, although its efficacy had yet to be proven.
Discrimination against the Ba’aka, who constituted 1 to 2 percent of the population, remained a problem. The Ba’aka continued to have little influence in decisions affecting their lands, culture, traditions, and the exploitation of natural resources. Forest-dwelling Ba’aka, in particular, experienced social and economic discrimination and exploitation, which the government did little to prevent.
The Ba’aka, including children, were often coerced into agricultural, domestic, and other types of labor. They were considered slaves by members of other local ethnic groups, and even when they were remunerated for labor, their wages were far below those prescribed by the labor code and lower than wages paid to members of other groups.
Reports made during the year by credible NGOs, including the American Bar Association Rule of Law Initiative, stated the Ba’aka were effectively “second-class citizens,” perceived as barbaric and subhuman and excluded from mainstream society.
The penal code criminalizes consensual same-sex sexual activity. The penalty for “public expression of love” between persons of the same sex is imprisonment for six months to two years or a fine of 150,000 to 600,000 CFA francs ($255 to $1,020). When one of the participants is a child, the adult could be sentenced to two to five years’ imprisonment or a fine of 100,000 to 800,000 CFA francs ($170 and $1,360); there were no reports police arrested or detained persons under these provisions.
While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTI persons. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization. There were no reports of LGBTI persons targeted for acts of violence, although the absence of reports could reflect cultural biases and stigma attached to being an LGBTI individual. There were no known organizations advocating for or working on behalf of LGBTI persons.
Persons with HIV/AIDS were subjected to discrimination and stigma, and many individuals with HIV/AIDS did not disclose their status due to social stigma.
Violent conflict and instability in the country had a religious cast. Many, but not all, members of the ex-Seleka and its factions were Muslim, having originated in neighboring countries or in the remote Muslim north, a region the government often neglected.
During the worst of the crisis, some Christian communities formed Anti-balaka militias that targeted Muslim communities, presumably for their association with the Seleka. The Interfaith Religious Platform, which includes Muslim and Christian leaders, continued working with communities to defuse tensions and call for tolerance and restraint. Local leaders, including the bishop of Bossangoa, and internationally based academics warned against casting the conflict in religious terms and thus fueling its escalation along religious lines.
Ethnic killings often related to transhumance movements occurred. The major groups playing a role in the transhumance movements were social groups centering on ethnic identity. These included Muslim Fulani/Peul herders, Muslim farming communities, Christian/animist farming communities, and the Kara and Rounga conflict in Birao. Armed group conflict can also devolve into ethnic violence, such as the Kara/Rounga conflict in Birao. In September clashes started between the FPRC fighters from the Goula and Rounga ethnic groups and Movement of Central African Liberators for Justice (MLCJ) fighters from the Kara ethnic group following the killing of the son of the sultan of Birao by unidentified assailants. In retaliation the MLCJ fighters ambushed and killed two FPRC combatants. More than 20 individuals were killed, including civilians, and more than 20,000 inhabitants were displaced.
The law outlaws the practice of witchcraft. Conviction of witchcraft is punishable by five to 10 years’ imprisonment and a fine from 100,000 CFA francs to one million CFA francs ($170 to $1,700).
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of workers, except for senior-level state employees, security force members, and foreign workers in residence for less than two years, to form or join independent unions without prior authorization. The labor code provides for the right of workers to organize and administer trade unions without employer interference and grants trade unions full legal status. The law requires union officials be full-time, wage-earning employees in their occupation and allows them to conduct union business during working hours if the employer is informed 48 hours in advance and provides authorization. Substantial restrictions hampered noncitizens from holding leadership positions in a union, despite amendments to the labor code.
The labor code provides that unions may bargain collectively in the public and private sectors.
Workers have the right to strike in both the public and private sectors, but the law prohibits security forces, including the armed forces and gendarmes, from striking. Requirements for conducting a legal strike are lengthy and cumbersome. For a strike to be legal, the union must first present its demands, the employer must respond to these demands, labor and management must attend a conciliation meeting, and an arbitration council must find that the union and the employer failed to reach agreement on valid demands. The union must provide eight days’ advance written notification of a planned strike. The law states that if employers initiate a lockout that is not in accordance with the code, the employer is required to pay workers for all days of the lockout. The Ministry of Labor, of Employment and Social Protection has the authority to establish a list of enterprises that are required by law to maintain a “compulsory minimum service” in the event of a strike. The government has the power of requisition or the authority to end strikes by invoking the public interest. The code makes no other provisions regarding sanctions on employers for acting against strikers.
The law expressly forbids antiunion discrimination. Employees may have their cases heard in labor court. The law does not state whether employers found guilty of antiunion discrimination are required to reinstate workers fired for union activities, although the law requires employers found guilty of such discrimination to pay damages, including back pay and lost wages.
The government generally enforced applicable laws and respected laws concerning labor actions. The enforcement of penalties was not sufficient to deter violations. Workers exercised some of these rights, but only a relatively small part of the workforce, primarily civil servants, exercised the right to join a union. While worker organizations are officially outside government or political parties, the government exerted some influence over the leadership of some organizations.
Labor unions did not report any underlying patterns of discrimination or abuse. The president of the labor court stated the court did not hear any cases involving antiunion discrimination during the year.
Collective bargaining occurred in the private sector during the year, although the total number of collective agreements concluded was unknown. The government was not generally involved if the two parties were able to reach an agreement. Information was unavailable on the effectiveness of collective bargaining in the private sector.
b. Prohibition of Forced or Compulsory Labor
The labor code specifically prohibits and criminalizes all forms of forced or compulsory labor. The enforcement of penalties was not sufficient to deter violations. The labor code’s prohibition of forced or compulsory labor also applies to children, although the code does not mention them specifically. The penalties for violations were not sufficient to deter violations because the government did not enforce the prohibition effectively. There were reports such practices occurred, especially in armed conflict zones.
Employers subjected men, women, and children to forced domestic labor, agricultural work, mining, market or street vending, and restaurant labor, as well as sexual exploitation. Criminal courts sentenced convicted persons to imprisonment and forced labor, and prisoners often worked on public projects without compensation. This practice largely took place in rural areas. Ba’aka, including children, often were coerced into labor as day laborers, farm hands, or other unskilled labor and often treated as slaves (see section 6). No known victims were removed from forced labor during the year.
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 labor code forbids some of the worst forms of child labor. The law prohibits children younger than 18 from performing “hazardous work,” but the term is not clearly defined and does not specify if it includes all of the worst forms of child labor. The mining code specifically prohibits child or underage labor. The employment of children younger than 14 was prohibited under the law without specific authorization from the Ministry of Labor, of Employment and Social Protection. The law, however, also provides that the minimum age for employment may be as young as 12 for some types of light work in traditional agricultural activities or home services. Additionally, since the minimum age for work is lower than the compulsory education age, some children may be encouraged to leave school to pursue work before completion of compulsory education. The law enumerates the types of hazardous work prohibited for children
The government did not enforce child labor laws. The government trained police, military, and civilians on child rights and protection, but trainees lacked resources to conduct investigations. The government announced numerous policies related to child labor, including those to end the sexual exploitation and abuse of children and the recruitment and use of children in armed conflict, but there was no evidence of programs to eliminate or prevent child labor, including its worst forms. Penalties were not sufficient to deter violations.
Child labor was common in many sectors of the economy, especially in rural areas. Local and displaced children as young as seven years old frequently performed agricultural work, including harvesting peanuts and cassava and helping gather items subsequently sold at markets such as mushrooms, hay, firewood, and caterpillars. In Bangui many of the city’s street children worked as street vendors. Children often worked as domestic workers, fishermen, and in mines, often in dangerous conditions. For example, children were forced to work without proper protection or were forced to work long hours (i.e., 10 hours per day or longer). Children also engaged in the worst forms of child labor in diamond fields, transporting and washing gravel as well as mining gold, digging holes, and carrying heavy loads. Despite the law’s prohibition on child labor in mining, observers saw many children working in and around diamond mining fields. No known victims were removed from the worst forms of child labor during the year.
Children continued to be engaged as child soldiers. There were reports of ex-Seleka and Anti-balaka recruiting child soldiers during the year (see section 1.g.).
d. Discrimination with Respect to Employment and Occupation
It is illegal to discriminate in hiring or place of employment based on race, national or social origin, gender, opinions, or beliefs. The government did not effectively enforce the law, however, if they were rigorously enforced, the laws would be sufficient to deter violations. The law does not explicitly prohibit discrimination in employment and occupation based on disability, age, language, sexual orientation, gender identity, social status, HIV-positive status, or having other communicable diseases.
Discrimination against women in employment and occupation occurred in all sectors of the economy and in rural areas, where traditional practices that favor men remained widespread.
Migrant workers experienced discrimination in employment and pay.
e. Acceptable Conditions of Work
The labor code states the minister of labor, employment, and social protection must set minimum wages in the public sector by decree. The government, the country’s largest employer, set wages after consultation, but not negotiation, with government employee trade unions. The minimum wages in the private sector are established based on sector-specific collective conventions resulting from negotiations between employers and workers’ representatives in each sector.
The minimum wage in the private sector varied by sector and type of work. The minimum wage in all sectors was below the World Bank standard for extreme poverty.
The minimum wage applies only to the formal sector, leaving most of the economy without a minimum wage. The law applies to foreign and migrant workers as well. Most labor was performed outside the wage and social security system in the extensive informal sector, especially by farmers in the large subsistence agricultural sector.
The law sets a standard workweek of 40 hours for government employees and most private-sector employees. Household employees may work up to 52 hours per week. The law also requires a minimum rest period of 48 hours per week for citizen, foreign, and migrant workers. Overtime policy varied according to the workplace. Violations of overtime policy may be referred to the Ministry of Labor, Employment, and Social Protection, although it was unknown whether this occurred during the year. There is no legal prohibition on excessive or compulsory overtime. The labor code, however, states that employers must provide for the health and security of employees who are engaged in overtime work.
There are general laws on health and safety standards in the workplace, but the Ministry of Labor, of Employment and Social Protection did not precisely define them. The labor code states that a labor inspector may force an employer to correct unsafe or unhealthy work conditions.
If information exists concerning dangerous working conditions, the law provides that workers may remove themselves without jeopardy to their employment. In such instances the labor inspector notifies the employer and requires that conditions be addressed within four working days. The high unemployment and poverty rates deterred workers from exercising this right.
The government did not effectively enforce labor standards, and violations were common in all sectors of the economy. The Ministry of Labor, of Employment and Social Protection has primary responsibility for managing labor standards, while enforcement falls under the Ministry of Interior and Public Safety and the Ministry of Justice and Human Rights. The government did not have an adequate number of labor inspectors to enforce compliance with all labor laws. Penalties were seldom enforced and were insufficient to deter violations. Employers commonly violated labor standards in agriculture and mining. Salary and pension arrears were problems for armed forces personnel and the country’s approximately 24,000 civil servants.
Diamond mines, which employed an estimated 400,000 persons, are subject to standards imposed by the mining code and inspection by the Miners’ Brigade. Nevertheless, monitoring efforts were underfunded and insufficient. Despite the law requiring those working in mines to be at least age 18, observers frequently saw underage diggers. Diggers often worked in open pits susceptible to collapse, working seven days a week during the peak season. Diggers were employed by larger mine operators, worked in dangerous conditions at the bottom of open pits, and lacked safety equipment.
Miners, by contrast, had a share in ownership and participated in the proceeds of diamond sales. Often miners supplemented these earnings with either illegal diamond sales or wages from other sectors of the economy.
The government does not release information on workplace injury and deaths, or other occupational health and safety statistics, and officials failed to respond to International Labor Organization direct requests to provide this information.