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Cambodia

Executive Summary

Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party (CPP) won all 125 National Assembly seats in the July 2018 national election, having banned the main opposition party in 2017. Prior to the victory, Prime Minister Hun Sen had already served in that position for 33 years. International observers, including foreign governments, international nongovernmental organizations (NGOs), and domestic NGOs criticized the election as neither free nor fair and not representative of the will of the people.

The Cambodian National Police (CNP) maintains internal security. The Royal Cambodian Armed Forces (RCAF) are responsible for external security and also have some domestic security responsibilities. The CNP reports to the Ministry of Interior, while the RCAF reports to the Ministry of National Defense. Civilian authorities maintained effective control over the security forces, which have at times threatened force against those who opposed Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling CPP.

Significant human rights issues included: torture by the government; arbitrary detention by the government; political prisoners; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; the absence of judicial independence; censorship and selectively enforced criminal libel laws; interference with the rights to peaceful assembly and freedom of association; restrictions on political participation; pervasive corruption, including in the judiciary; trafficking in persons; and use of forced or compulsory child labor.

A pervasive culture of impunity continued. There were credible reports that government officials, including police, committed abuses with impunity, and in most cases the government took little or no action. Government officials and their family members were generally immune to 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. Since 2017, however, the government has carried out a sustained campaign to eliminate independent news media and dissenting voices in the country and enacted ever-greater restrictions on free expression; many individuals and institutions reported widespread self-censorship.

Freedom of Expression: The constitution grants freedom of expression except where it adversely affects public security. The constitution also declares the king is “inviolable,” and a Ministry of Interior directive implementing the criminal defamation law reiterates these limits and prohibits publishers and editors from disseminating stories that insult or defame the king, government leaders, or public institutions.

Election laws require civil society organizations to remain “neutral” during political campaigns and prohibit them from “insulting” political parties in the media. Although campaign laws require news outlets to give equal coverage to each party participating in an election, there was no evidence of the law’s enforcement during the 2018 election; news outlets gave significantly greater coverage to the CPP than to other parties.

The government used the penal code to arrest and prosecute citizens on disinformation and incitement charges, which carry a maximum sentence of three years’ imprisonment. Judges also can order fines, which may lead to jail time if not paid. Police and courts interpreted “incitement” broadly, leading to more than 40 arrests for statements posted to social media during the year.

In February 2018 the government adopted a new lesemajeste (royal insult) law that led to the arrest of at least three citizens. On January 9, Ieng Cholsa was sentenced to three years in prison for Facebook posts deemed insulting to the king. The government used criminal defamation laws to pursue perceived opponents. In September self-exiled former CNRP leader Sam Rainsy was charged with public defamation and incitement to commit felony when he accused Hun Sen of using the king as a hostage and a puppet.

Press and Media, Including Online Media: The government, military forces, and the ruling political party continued to own or otherwise influence newspapers and broadcast media; there were few significant independent sources for news. The three largest pro-CPP newspapers did not criticize the government for politically motivated acts or human rights issues. In 2017 the government shuttered 32 FM radio frequencies across 20 provinces, affecting stations relaying independent news–Radio Free Asia (RFA), Voice of America, and the Voice of Democracy.

The May 2018 National Election Committee (NEC) code of conduct for the September 2018 election established a maximum fine of 30 million riel ($7,500) for reporters who interviewed any voter near a polling station or who published news that could affect political stability or cause the public to lose confidence in the election.

Violence and Harassment: Threats and violence against journalists and reporters remained common. On January 30, Sim Chhivchhean, a reporter for the Cambodia Media Association for Freedom, was beaten unconscious while reporting on illegal fishing in Siem Reap Province. On February 4, a group of about 20 men stoned and beat Sorn Sithy to death. The motive was unknown as of October, but Sithy had been working for a year for BTBP TV online, covering social issues.

As of October, two former RFA journalists arrested in 2017 on charges of treason (charges which observers said were politically motivated), to which authorities later added charges of distribution of pornography, were awaiting the conclusion of their trial after several court hearings. On October 3, the court referred the case back to investigators for more evidence collection. NGOs and observers argued that the case against the two journalists was politically motivated and pointed to the prolonged trial and the confiscation of their passports as proof of government intimidation of the media.

Censorship or Content Restrictions: The law prohibits prepublication censorship, and no formal censorship system existed. The government, however, used other means to censor media, most notably through its control of permits and licenses for journalists and media outlets not controlled directly by the government or the CPP. Private media admitted to practicing some degree of self-censorship, in part from fear of government reprisal. Reporters claimed that newspaper editors told them not to write on topics that would offend the government and have also reported self-censoring due to the chilling effect of recent criminal cases against journalists.

Libel/Slander Laws: The government used libel, slander, defamation, and denunciation laws to restrict public discussion on issues it deemed sensitive or against its interests. In December 2018 CNRP leader Sam Rainsy was convicted of libel and ordered to pay one million dollars in damages to Prime Minister Hun Sen after publicly accusing the prime minister of accepting bribes. Rainsy has been living in exile since 2014, when he fled the country to avoid previous libel charges filed against him.

National Security: The government continued to cite national security concerns to justify restricting citizens’ rights to criticize government policies and officials.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

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

Exile: Some government critics and opposition politicians have gone into self-imposed foreign exile. In some cases the government subsequently took steps to block exiles’ return.

f. Protection of Refugees

Refoulement: In June the government deported four Montagnards to Vietnam, after one requested to return to Vietnam and the other three were declared ineligible for asylum status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The system, however, is not equally accessible to all refugees and asylum seekers and is not transparent. Asylum seekers who enter the country without documentation or overstay their visas are vulnerable to deportation.

Freedom of Movement: The freedom of movement of persons admitted to the country as refugees is often restricted because they lack documents needed for travel (see below).

Employment: The law allows refugees to work and operate a business. Refugees, however, are generally not provided with residence cards, making it difficult to exercise these rights.

Access to Basic Services: Persons granted refugee status require residence cards. In practice, however, refugees are instead provided with refugee cards, which are not recognized, greatly limiting refugees’ access to basic services.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. By law, however, the government has the ability to dissolve parties and ban individuals from party leadership positions and political life more broadly. The law also bars parties from using any audio, visual, or written material from a convicted criminal.

As of October only nine of 118 CNRP officials barred from political activity from 2017-22 had applied for and been granted a restoration of their political rights. Local experts and opposition party members complained the “rehabilitation” process is arbitrary, creates a false appearance of wrongdoing on the part of the banned politicians, and puts the prime minister in the position of being able to choose his own political opponents. The original ban on political activity followed the Supreme Court’s 2017 dissolution of the CNRP, a decision a number of observers decried as driven by political bias, noting that the decision to ban the CNRP was based on the accusation that its leader had committed “treason” before its leader was convicted on any charges. Along with the dissolution of the CNRP, 5,007 elected officials from the party were removed from their positions and replaced with ruling party CPP officials. As a result, the CPP now dominates all levels of government from districts and provincial councils to the national assembly.

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The penal code defines various corrupt acts and specifies penalties for them. The anticorruption law establishes the National Council against Corruption and the Anticorruption Unit (ACU) to receive and investigate corruption complaints. The ACU did not collaborate frequently with civil society and was considered ineffective in combating official corruption. Instead, the ACU focused on investigations of opposition figures, leading to a widespread perception the unit served the interests of the ruling CPP. The ACU has never investigated a high-level member of the ruling party, despite widespread allegations of corruption at senior levels of the party and government. For example, according to a July 2018 al-Jazeera investigative report, the director general of the country’s taxation department violated the Australian Corporations Act and evaded Australian tax, but Cambodian authorities neither investigated nor prosecuted him. Civil servants must seek clearance and permission from supervisors before responding to legislative inquiries about corruption allegations.

Corruption was endemic throughout society and government. There were reports police, prosecutors, investigating judges, and presiding judges took bribes from owners of both legal and illegal businesses. Citizens frequently and publicly complained about corruption. Meager salaries contributed to “survival corruption” among low-level public servants, while a culture of impunity enabled corruption to flourish among senior officials.

Transparency International’s 2017 Global Corruption Barometer report noted the judiciary remained the most corrupt sector of government for the fourth year in a row, followed by law enforcement.

Financial Disclosure: The law requires public servants, including elected and appointed officials, to disclose their financial and other assets. The ACU is responsible for receiving the disclosures, with penalties for noncompliance ranging from one month to one year in prison. Senior officials’ financial disclosure statements were not publicly available and remained sealed unless allegations of corruption were filed. Only one financial disclosure statement has ever been unsealed, that of the then National Assembly vice president Kem Sokha.

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

There were multiple reports of a lack of official cooperation with human rights investigations and in some cases, intimidation of investigators by government officials. The government threatened legal action against two NGOs over the publication of a report on the negative effects of microlending on loan recipients.

Domestic and international human rights organizations reported intensifying harassment, surveillance, threats, and intimidation from local officials and persons with ties to the government. Several civil society and labor organizations reported that police raided their offices.

Approximately 25 human rights NGOs operated in the country, and a further 100 NGOs focused on other areas included some human rights matters in their work, but only a few actively organized training programs or investigated abuses.

The United Nations or Other International Bodies: The government generally permitted visits by UN representatives. The government, however, often turned down high-level meetings with UN representatives and denied them access to opposition officials, including Kem Sokha. In May Rhona Smith, the UN special rapporteur on human rights in Cambodia, conducted a 10-day mission to the country. In her meetings with the ACU, National Assembly, the NEC, the Cambodian Human Rights Committee (CHRC), and NGOs, she raised serious concerns about corruption, restrictions on media, political participation, freedom of expression, the lengthy detention of Kem Sokha, and laws on political parties. Government spokespersons regularly chastised UN representatives publicly for their remarks on a variety of human rights problems.

Government Human Rights Bodies: There were three government human rights bodies: Separate committees for the Protection of Human Rights and Reception of Complaints in the Senate and National Assembly and the CHRC, which reported to the prime minister’s cabinet. The CHRC submitted government reports for participation in international human rights review processes, such as the Universal Periodic Review, and issued responses to reports by international organizations and government bodies, but it did not conduct independent human rights investigations. Credible human rights NGOs considered the government committees of limited efficacy and criticized their role in vocally justifying the government crackdown on civil society and the opposition.

The Extraordinary Chambers in the Courts of Cambodia (ECCC) continued to investigate and prosecute leaders of the former Khmer Rouge regime who were most responsible for the atrocities committed between 1975 and 1979. The ECCC is a hybrid tribunal, with both domestic and international jurists and staff; it is governed by both domestic law and an agreement between the government and the United Nations. On June 28, the international and Cambodian coinvestigating judges each filed separate and conflicting recommendations on whether to move forward with the case against Yim Tith. As in the cases against Meas Muth and Ao An in 2018, the international coinvestigating judge recommended indictment, while the Cambodian coinvestigating judge argued the court lacked the jurisdiction to indict. As of October the ECCC had not announced if it would proceed with any of the final three cases. On August 4, Nuon Chea died at the age of 93 while the court considered the appeal of his November 2018 conviction for genocide, crimes against humanity, and grave breaches of the Geneva Conventions of 1949.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law broadly provides for the right of private-sector workers to form and join trade unions of their own choice, the right to bargain collectively, and the right to strike. Nevertheless, the law puts significant restrictions on the right to organize, limits the right to strike, curbs the right to assemble, facilitates government intervention in internal union affairs, excludes certain categories of workers from joining unions, permits third parties to seek the dissolution of trade unions, and imposes minor penalties on employers for unfair labor practices.

Onerous registration requirements amount to a requirement for prior authorization for union formation. Union registration requirements include filing charters, listing officials and their immediate families, and providing banking details to the Ministry of Labor and Vocational Training. The law forbids unregistered unions from operating. Civil servants, teachers, workers employed by state-owned enterprises, and workers in the banking, health care, and informal sectors may form only “associations,” not trade unions, affording them fewer worker protections than unionized trades. The law also prohibits workers who have been convicted of a crime from union leadership, management, or administration, and restricts illiterate workers and those younger than age 18 from holding union leadership.

Some employers reportedly refused to sign notification letters to recognize unions officially or to renew short-term contract employees who had joined unions. (Approximately 80 percent of workers in the formal manufacturing sector were on short-term contracts.) Employers and local government officials often refused to provide necessary paperwork for unions to register. Labor activists reported many banks refused to open accounts for unregistered unions, although unions are unable by law to register until they provide banking details. Provincial-level labor authorities reportedly indefinitely stalled registration applications by requesting more materials or resubmissions due to minor errors late in the 30-day application cycle, although anecdotal evidence suggested this practice has decreased, particularly for garment- and footwear-sector unions.

Workers reported various obstacles while trying to exercise their right to freedom of association. There were reports of government harassment targeting independent labor leaders, including the use of spurious legal charges. Several prominent labor leaders associated with the opposition or independent unions had charges pending against them or were under court supervision. On May 28, the Appeals Court acquitted six prominent union leaders who had been criminally charged for their alleged involvement in a violent wage protest in 2014. In July, however, the court convicted a newly elected president of the Coalition of Cambodian Apparel Workers Democratic Union of violence related to protests in 2016.

Reports continued of other forms of harassment. For the first half of the year, some NGOs and unions complained that police were monitoring their activities and intimidating participants by sending uniformed police to stand outside their offices during meetings (see section 2.b.).

The International Labor Organization (ILO) noted reports of antiunion discrimination by employers through interference with and dismissal of members of independent unions, as well as through the creation of employer-backed unions. Although the law affords protection to union leaders, many factories successfully terminated elected union officials prior to the unions’ attainment of formal registration.

The law stipulates that workers can strike only after meeting several requirements, including the successful registration of a union; the failure of other methods of dispute resolution (such as conciliation, mediation, and arbitration); completion of a 60-day waiting period following the emergence of the dispute; a secret-ballot vote of the absolute majority of union members; and seven days’ advance notice to the employer and the Ministry of Labor and Vocational Training. Strikers can be criminally charged if they block entrances or roads or engage in any other behavior interpreted by local authorities as harmful to public order. A court may issue an injunction against the strike and require the restart of negotiations with employers.

There were credible reports of workers dismissed on spurious grounds after organizing or participating in strikes. Unions initiated most strikes without meeting all the requirements stated above, making them technically illegal, according to Better Factories Cambodia (BFC). Participating in an illegal strike, however, is not in itself a legally acceptable reason for dismissal. In some cases employers failed to renew the short-term contracts of active unionists; in others, they pressured union personnel or strikers to accept compensation and quit. Government-sponsored remedies for these dismissals were generally ineffective.

The Ministry of Labor and Vocational Training’s Strike Demonstration Resolution Committee reported that during the first half of the year, 16,585 workers conducted 26 strikes and demonstrations, compared with 28 strikes involving 4,617 workers in the same period of 2018. The report said the committee resolved 16 of the 26 cases successfully while 10 others went to the Arbitration Council.

During the year, the government restricted workers’ right to assembly. On January 2, police pulled down a public display by a group of associations and unions marking the anniversary of a violent government crackdown on a 2014 strike. Phnom Penh municipal authorities initially denied a request by 12 associations and unions to celebrate the March 8 Women’s Day at the National Stadium, but the government eventually allowed these groups to hold a celebration inside the stadium, although it deployed large numbers of riot police to prevent them from leaving the area.

The resolution of labor disputes was inconsistent, largely due to government officials’ ability to classify disputes as “individual” rather than “collective” disputes. The Arbitration Council only hears collective disputes. Unions reported progress in “minority” unions’ ability to represent workers in collective disputes. The Arbitration Council noted it received 68 cases in the first seven months of the year, up from 28 cases for the same period last year, reflecting the ability of minority unions to represent workers in disputes.

There is no specialized labor court. Labor disputes that are designated “individual” disputes may be brought before the courts, although the judicial system was neither impartial nor transparent.

The law places significant, detailed reporting responsibilities and restrictions on labor unions. Union representatives feared many local chapters would not be able to meet the requirements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law. Officials reported difficulties in verifying working conditions and salaries in the informal fishing, agricultural, construction, and domestic-service sectors. Legal penalties for forced labor were stringent, including imprisonment and fines, but these penalties were insufficient to deter violations. Although the government made efforts to highlight the problem of forced labor, the extent to which these efforts were effective remained unclear. Moreover, there was some evidence that employers, particularly those operating brick kilns, were violating the law prohibiting forced or bonded labor, and that some local government authorities were turning a blind eye to such abuses. The majority of brick-factory workers did not have access to the free medical care provided by the National Social Security Fund, because those factories were not registered as fund members.

Third-party debt remained an important issue driving forced labor. According to an August report from human rights group LICADHO (Cambodian League for the Promotion and Defense of Human Rights), two million Cambodians have loans to microfinance lenders, and levels of debt have “skyrocketed” in recent years, leading to child labor and bonded labor. According to a 2017 survey, 48 percent of 1,010 construction workers in Phnom Penh had debts; 75 percent of the debtors owed money to microfinance lending operations or banks, and 25 percent owed money to family members.

Because most construction companies and brick factories operate informally and without registration, workers in those sectors have few benefits. They are not entitled to a minimum wage, lack insurance, and work weekends and holidays with few days off.

Forced labor, usually related to overtime work, remains an issue in factories making products for export. Unions and workers reported some factory managers had fired workers who refused to work overtime.

Children were also at risk of forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law establishes 15 as the minimum age for most employment and 18 as the minimum age for hazardous work. The law permits children age 12 to 15 to engage in “light work” that is not hazardous to their health and does not affect school attendance; an implementing regulation provides an exhaustive list of activities considered “heavy work.” These include agriculture, brickmaking, fishing, tobacco, and cassava production. The law limits most work by children age 12 to 15 to a maximum of four hours on school days and seven hours on nonschool days and it prohibits work between 8 p.m. and 6 a.m.

In May 2018 the Ministry of Labor and Vocational Training issued a regulation that provided clear definitions of household work and set the minimum age for household work at 18. The regulation, however, does not specify rights for household workers employed by relatives. While the regulation extends minimum age protections to domestic workers, the labor code does not apply to children outside of formal employment, so children participating in other forms of informal employment are not protected under existing minimum age laws.

The law stipulates fines of up to 60 times the prevailing daily base wage for persons convicted of violating the country’s child labor provisions, but they were not sufficient to deter violations, and such sanctions were rarely imposed.

The Department of Child Labor, part of the Ministry of Labor and Vocational Training, employed an insufficient number of inspectors to effectively enforce the law. Child labor inspections were concentrated in Phnom Penh and provincial, formal-sector factories producing goods for export, rather than in rural areas where the majority of child laborers work. In addition, the National Committee on Countering Child Labor reported the labor inspectorate does not conduct inspections in hospitality or nightlife establishments after business hours because the inspectorate lacks funds to pay inspectors overtime. In 2018 the government imposed penalties on 10 firms for violations of child labor standards, which was significantly lower than the reported prevalence of child labor in the country.

Inadequate training also limited the capacity of local authorities to enforce these regulations, especially in rural areas and high-risk sectors.

Children were vulnerable to the worst forms of child labor, including in agriculture, brick making, and commercial sex (also see section 6, Children). On March 9, a nine-year-old girl lost her arm in a brick-molding machine in a brick kiln in Kandal Province’s Ksach Kandal district. No criminal action was taken against the owner of the brick kiln. Poor access to basic education and the absence of compulsory education contributed to children’s vulnerability to exploitation. Children from impoverished families were at risk because some affluent households reportedly used humanitarian pretenses to hire children as domestic workers whom they abused and exploited. Children were also forced to beg.

Child labor in export-sector garment factories declined significantly in recent years. Some analysts attributed the decline to pressure from BFC’s mandatory remediation program. Since 2015 the BFC has found fewer than 20 child workers per year in a pool of approximately 550 such factories. In its latest available report for May 1, 2017, to June 30, 2018, the BFC discovered only 10 children younger than age 15 working in export garment factories. The BFC and others expressed concern, however, that child labor and other abuses may be more prevalent in factories making footwear and travel goods for export, since these sectors do not fall under BFC’s mandate for monitoring.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, color, sex, disability, religion, political opinion, birth, social origin, HIV-positive status, or union membership. The law does not explicitly prohibit employment discrimination based on sexual orientation or gender identity, age, language, or communicable disease. The constitution stipulates that citizens of either sex shall receive equal pay for equal work.

The government generally did not enforce these laws. Penalties for employment discrimination include fines, civil, and administrative remedies. Penalties were not sufficient to deter violations.

Harassment of women was widespread. A BFC report in March 2018 said more than 38 percent of workers surveyed felt uncomfortable “often” or “sometimes” because of behavior in their factory, and 40 percent did not believe there was a clear and fair system for reporting sexual harassment in their factory.

e. Acceptable Conditions of Work

The Ministry of Labor and Vocational Training is responsible for enforcing labor laws, but the government did not effectively enforce the law. Penalties were seldom assessed and were insufficient to address problems. Outside the export garment industry, the government rarely enforced working-hour regulations. The government enforced standards selectively due to poorly trained staff, lack of necessary equipment, and corruption. Ministry officials admitted their inability to carry out thorough inspections on working hours and said they relied upon the BFC to do such inspections in export-oriented garment factories.

The Ministry of Labor and Vocational Training, however, did conduct training and testing for more than 600 labor inspectors during the year and stated that each inspector was required to pass a test to stay on the job.

Work-related injuries and health problems were common. On June 23, a Chinese-owned and -designed facility collapsed in Sihanoukville, killing 26 local workers and injuring 26 others. Those victims and their families could not get full compensation from the National Social Security Fund (NSSF) because the construction company was not registered.

There was insufficient inspection of construction worksites by the government. Occupational safety and health laws for the construction industry have penalties that are not sufficient to deter violations.

The minimum wage covered only the garment and footwear sector. It was more than the official estimate for the poverty income level.

By law workplace health and safety standards must be adequate to provide for workers’ well-being. Labor inspectors assess fines according to a complex formula based on the severity and duration of the infraction, as well as the number of workers affected. Labor ministry inspectors are empowered to assess these fines on the spot, without the cooperation of police, but there are no specific provisions to protect workers who complain about unsafe or unhealthy conditions. The number of inspectors was insufficient to effectively enforce the law. In June the government ordered provincial officials to inspect brick kilns for child and bonded labor, and it launched a campaign to eliminate child labor in brick kilns by the end of the year.

Mass fainting remained a problem. The NSSF noted that 417 workers in five factories reportedly fainted during the first six months of the year, down from 1,350 workers during the same period in 2018. Observers reported excessive overtime, poor health, insufficient sleep, poor ventilation, lack of nutrition, pesticides in nearby rice paddies, and toxic fumes from production processes all continued to contribute to mass fainting.

Compliance with safety and health standards continued to be a challenge in the garment export sector largely due to improper company policies, procedures, and poorly defined supervisory roles and responsibilities.

The NSSF reported that during the first half of the year, 24 workers died in traffic accidents on the way to or from work, an increase from eight in the same period in 2018. The accidents injured 920 others, an increase from 62 during the same period in 2018. Workers’ unsafe transportation was a big concern for stakeholders of the garment industry. On April 4, five workers lost their arms in a crash when the truck they were riding on collided with another truck.

Workers and labor organizations raised concerns that the use of short-term contracts (locally known as fixed duration contracts) allowed firms, especially in the garment sector where productivity growth remained relatively flat, to avoid certain wage and legal requirements. Fixed duration contracts also allowed employers greater freedom to terminate the employment of union organizers and pregnant women simply by failing to renew their contracts. The law limits such contracts to a maximum of two years, but more recent directives allow employers to extend this period to up to four years. The Arbitration Council and the ILO disputed this interpretation of the law, noting that after 24 months, an employee should be offered a permanent “unlimited duration contract.” (Also see section 7.a.).

The law provides for a standard legal workweek of 48 hours, not to exceed eight hours per day. The law establishes a rate of 130 percent of daytime wages for nightshift work and 150 percent for overtime, which increases to 200 percent if overtime occurs at night, on Sunday, or on a holiday. Employees may work a maximum two hours of overtime per day. The law prohibits excessive overtime, states that all overtime must be voluntary, and provides for paid annual holidays. Workers in marine and air transportation are not entitled to social security and pension benefits and are exempt from limitations on work hours prescribed by law.

Workers reported overtime was often excessive and sometimes mandatory; many complained that employers forced them to work 12-hour days, although the legal limit is 10, including overtime. Workers often faced dismissal, fines, or loss of premium pay if they refused to work overtime.

Vietnam

Executive Summary

The Socialist Republic of Vietnam is an authoritarian state ruled by a single party, the Communist Party of Vietnam (CPV), and led by General Secretary and President Nguyen Phu Trong, Prime Minister Nguyen Xuan Phuc, and Chairwoman of the National Assembly Nguyen Thi Kim Ngan. The most recent National Assembly elections, held in 2016, were neither free nor fair, despite limited competition among CPV-vetted candidates.

The Ministry of Public Security is responsible for internal security and controls the national police, a special national security investigative agency, and other internal security units. The Vietnam People’s Army aids civilian authorities to provide relief in times of natural disaster. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings by the government; forced disappearance; torture by government agents; arbitrary arrests and detentions by the government; political prisoners; significant problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including arbitrary arrest and prosecution of government critics, censorship, site blocking, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; significant restrictions on freedom of movement including exit bans on activists; restrictions on political participation; significant acts of corruption; outlawing of independent trade unions; trafficking in persons; and use of compulsory child labor.

The government occasionally took corrective action, including prosecutions, against officials who violated the law, but police officers and state officials generally acted with impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press; however, in practice the government did not respect these rights, and several laws specifically encroach on freedom of expression. The government also continued to use broad national security and antidefamation provisions to restrict freedom of expression. Such laws establish the crimes of “sabotaging the infrastructure of socialism,” in addition to “sowing divisions between religious and nonreligious people” and “propagandizing against the state” as serious offenses against national security. It also expressly forbids “taking advantage of democratic freedoms and rights to violate the interests of the state or lawful rights and interests of organizations or individuals.”

Freedom of Expression: The government continued to restrict speech that criticized individual government leaders or the party, promoted political pluralism or multiparty democracy, or questioned policies on sensitive matters, such as human rights, religious freedom, or sovereignty disputes with China.

Representatives from state-run organizations and progovernment groups visited activists’ residences and attempted to intimidate them into agreeing the government’s policies were correct, according to social media and activists’ reports. Family members of activists also reported numerous incidents of physical harassment, intimidation, and questioning by Ministry of Public Security officials. Harassment also occurred at workplaces and included threatening telephone calls and insulting activists in local media and online and attacks on activists’ homes with rocks, shrimp paste, and gasoline bombs. There were reports such abuses caused injury and trauma requiring hospitalization.

Press and Media, Including Online Media: The CPV, government, and party-controlled mass media organizations exercised legal authority over all print, broadcast, online, and electronic media, primarily through the Ministry of Information and Communications under the overall guidance of the CPV Propaganda and Education Commission. The law requires editors in chief to be CPV members; many outlets apply this to additional managers as well. One of the leading newspapers, Thanh Nien, demoted 13 managing editors and deputy editors who were not party members in November 2018.

Many nongovernmental entities, however, produced and distributed publications by subcontracting, joint-publishing, or buying permits from government or other public publishing entities. State-run media reported private entities produced more than 90 percent of all publications in the country, although outright private ownership or operation of any media outlet or publishing house was prohibited. Media independent of government authority operated on a limited basis online, primarily via blogs and social media, but independent journalists faced government harassment.

By law the government may fine journalists and newspapers from five to 10 million Vietnamese dong (VND) ($220 to $440) for failing to cite their sources of information or for using “documents and materials from organizations and personal letters and materials from individuals.”

The law allows the government to punish publishers if they publish “untruthful information” in the fields of statistics; atomic energy; management of prices, charges, fees, and invoices; education; civil aviation; vocational training; hydrometeorology; cartography; and health.

In November 2018 the CPV publicly denounced Chu Hao, who at that time was director and editor in chief of the Tri Thuc Publishing House, for “disobeying the Party’s regulations” and “self-evolution.” Hao, a former vice minister of science and technology and a prominent intellectual, had directed Tri Thuc to publish books with themes of freedom and democracy, such as John Stuart Mill’s On Liberty, which the CPV viewed as contrary to the official party line. Hao left the CPV, and as a result also lost his position at Tri Thuc.

The law limits satellite television access to senior officials, foreigners, luxury hotels, and the press, but persons throughout the country continued to access foreign programming via home satellite equipment or cable.

The government permitted activities of journalist employed by foreign-based media outlets. The law requires “live” foreign television programming to run on a 30- to 60-minute delay to enable content monitoring. In fact, such programming ran on a 10-minute delay. Viewers reported obstruction of various commentaries, documentaries, and movies on human rights incidents in the country, the Vietnam War, the Cold War, the Soviet era, or reports involving trade tensions between the United States and Vietnam.

Major foreign media outlets reported the government delayed or refused to issue visas for reporters who previously covered sensitive political topics, particularly reporters for the overseas Vietnamese-language press. In May an international journalist was refused a visa request to report on the 50th anniversary of the Battle of Hamburger Hill. This same reporter had previously written an article likely seen by the government as unfavorable.

The information ministry may revoke the licenses of foreign publishers; foreign publishers must renew their licenses annually.

The government also sought to impede criticism by monitoring meetings and communications of journalists.

Violence and Harassment: There continued to be a significant number of reports of security officials attacking, threatening, or arresting journalists because of their coverage of sensitive stories. Independent journalists faced restrictions on freedom of movement, various forms of harassment, and even physical attacks in the form of staged motorbike accidents if they reported on sensitive topics.

Foreign journalists required formal permission to travel outside Hanoi for reporting. When foreign journalists requested access to an area considered sensitive, such as the Northwest or Central Highlands, or report a story the government might consider sensitive, authorities often either intentionally delayed their response or denied permission to travel.

Censorship or Content Restrictions: The Ministry of Information and Communications and the CPV Propaganda and Education Commission frequently intervened directly with media to dictate or censor a story.

Propaganda officials forced editors of major media outlets to meet regularly to discuss what topics were off-limits for reporting. More often, pervasive self-censorship, including among independent journalists and bloggers, due to the threat of dismissal and possible arrest, enabled the party and government to control media content. The government punished journalists for failing to self-censor, including by revoking journalists’ press credentials.

In August, two protests against Beijing’s maritime survey seeking information on petroleum reserves in an offshore area in the country ‘s exclusive economic zone took place in front of the Chinese Embassy in Hanoi and a third protest near a site popular with Chinese tourists in Danang received no local media coverage.

National Security: The law stipulates administrative fines of 20 million to 30 million VND ($880 to $1,330) for journalists, newspapers, and online media that publish or broadcast information deemed harmful to national interests and up to 50 million dong ($2,200) for information considered to be distorting history and the revolution’s achievements. In some cases, these “violations” may lead to criminal proceedings.

Citing laws protecting national security, police arrested and ordered journalists to restrict criticism of government policies or officials.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government imposed some limits on the movement of individuals, especially those convicted under national security or related charges or outspoken critics of the government.

In-country Movement: Several political activists on probation or under house arrest, along with others not facing such legal restrictions, were officially restricted in their movements. Authorities continued to monitor and selectively restrict the movement of many prominent activists and religious leaders, including Nguyen Dan Que, Pham Chi Dung, Pham Ba Hai, Nguyen Hong Quang, Thich Khong Tanh, Le Cong Cau, and Duong Thi Tan. Several activists reported authorities had confiscated their national identification cards, preventing them from traveling domestically by air or conducting routine administrative matters.

Religious leaders are required to specify no more than two to three geographical areas where they will be preaching. They reported that preaching outside of the approved areas was illegal, although enforcement of the law was inconsistent.

Government restrictions required citizens and resident foreigners to obtain a permit to visit border areas, defense facilities, industrial zones involved in national defense, areas of “national strategic storage,” and “works of extreme importance for political, economic, cultural, and social purposes.”

Citizens must register with local police when staying overnight in any location outside of their own homes; the government appeared to enforce these requirements more strictly in some Central and Northern Highlands districts. Foreign passport holders also needed to register to stay in private homes, although there were no known cases of local authorities refusing to allow foreign visitors to stay with friends or family. There were multiple reports of police using the excuse of “checking on residency registration” to intimidate and harass activists and prevent them from traveling outside of their place of registration (see sections 1.d. and 1.f.).

Authorities did not strictly enforce residency laws for the general population, and migration from rural areas to cities continued unabated. Moving without permission, however, hampered persons from obtaining legal residence permits, public education, and health-care benefits.

Foreign Travel: Prospective emigrants occasionally encountered difficulties obtaining a passport or exit permission, and authorities regularly confiscated passports of activists, at times indefinitely. There were multiple reports of individuals crossing the land borders with Laos or Cambodia illegally because they were unable to obtain passports or exit permission; in some cases, this included persons wanted for crimes and political or other activism.

The Ministry of Public Security continued to use foreign travel prohibitions against certain activists and religious leaders, including seven Catholic priests. Authorities banned and prevented dozens of individuals from traveling overseas, withheld their passports on vague charges, or refused to issue passports to certain activists or religious leaders without clear explanation although activists believed that international travel authorization was denied to reduce those activists’ opportunities to speak out against the Vietnamese government. Authorities also refused to issue passports to the family members of certain activists.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees.

Section 3. Freedom to Participate in the Political Process

The ability of citizens to choose their government through free, fair, and periodic elections based on universal and equal suffrage and conducted by a secret ballot that guaranteed free expression and the will of the people was severely limited. Although the constitution provides the ability to elect representatives to the National Assembly, people’s councils, and other state agencies directly, constitutional and legal provisions established a monopoly of political power for the CPV; the CPV was the only party allowed to put forward candidates for office and it oversaw all elections. National Assembly elections take place once every five years by secret ballot. The constitution sets the voting age at 18 and allows candidates to run for election to the National Assembly or People’s Council at 21. The last National Assembly election took place in 2016.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. There was, however, a noticeable increase in the number of high-profile arrests and prosecutions of high-ranking officials for corruption. This included existing and retired officials from the Politburo, central party, military, and public security services.

Corruption: The lack of public consultation on land-use plans and government land compensation frameworks was the primary driver of corrupt land transfers, the major type of corruption. Corruption in financial, banking, natural resource mining, and public investment sectors also remained significant political and social problems.

A new Anticorruption Law came into effect July 1. Highlights include provisions enabling stricter and more effective scrutiny of income and assets of public officials.

The Ministry of Public Security reported it processed 181 corruption cases in the first nine months of the year. Media reported that, in the first six months of the year, the CPV punished 256 party members for corruption, an increase of 21 cases compared with the same period in 2018. Among those punished were a deputy prime minister and 12 leaders of ministries or their rank equivalent. In February, two former ministers punished by the CPV in 2018 were arrested on accusations of receiving bribes in excess of $three million from a private businessman.

Financial Disclosure: The new Anticorruption Law requires all state officials, commissioned officers of police and military forces, career military personnel, holders of positions as deputy manager and above in public service agencies and state-owned enterprises, and state enterprise financial management officers to disclose to their agency their income and assets within 10 days from the date of designation or employment. Any change of at least 300 million VND ($15,000) requires an additional declaration. Directors of provincial departments and higher ranks, or persons in charge of official management, management of public funds, public property or public investment or who have influence over the operation of other entities as prescribed by the government are required to submit annual disclosures. Nominees to be National Assembly and People’s Councils’ delegates are required to do so in line with voting law. The law provides for reprimand, warning, suspension, or removal for noncompliance.

The government reported that in 2018 approximately 1,136,902 government workers disclosed their assets and incomes, accounting for 99.8 percent of those required to do so. Only 44 of these statements were verified, of which six were identified as incorrect. Media, however, reported many cases of nondisclosure or false disclosure that were not followed up.

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

The government did not permit independent, local human rights organizations to form or operate, nor did it tolerate attempts by organizations or individuals to criticize its human rights practices publicly.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution affords the right to associate and the right to demonstrate but limits the exercise of these rights, including by preventing workers from organizing or joining independent unions of their choice. While workers may choose whether to join a union and at which level (local or “grassroots,” provincial, or national), the law requires every union to be under the legal purview and control of the country’s only trade union confederation, the Vietnam General Confederation of Labor (VGCL), a CPV-run organization. Only citizens may form or join labor unions.

The law gives the VGCL exclusive authority to recognize unions and confers on VGCL upper-level trade unions the responsibility to establish workplace unions. The law stipulates the VGCL answers directly to the CPV’s VFF, which does not protect trade unions from government interference in or control over union activity.

The law also limits freedom of association by not allowing trade unions full autonomy in administering their affairs. The law confers on the VGCL ownership of all trade-union property and gives it the right to represent lower-level unions. By law trade union leaders and officials are not elected by union members but are appointed.

The law requires that, if a workplace trade union does not exist, the next level “trade union” must perform the tasks of a grassroots union, even where workers have not so requested or have voluntarily elected not to organize. For nonunionized workers to organize a strike, they must request the strike “be organized and led by the upper-level trade union,” and if nonunionized workers wish to bargain collectively, the upper-level VGCL union must represent them.

The law stipulates trade unions have the right and responsibility to organize and lead strikes. The law also establishes substantive and procedural restrictions on strikes. Strikes that do not arise from a collective labor dispute or do not adhere to the process outlined by law are illegal. The law forbids strikes over “rights-based” disputes. This includes strikes arising out of economic and social policy measures that are not a part of a collective negotiation process, as they are both outside the law’s definition of protected “interest-based” strikes.

The law prohibits strikes by workers in businesses that serve the public or that the government considers essential to the national economy, defense, public health, and public order. “Essential services” include electricity production; post and telecommunications; and maritime and air transportation, navigation, public works, and oil and gas production. The law also grants the prime minister the right to suspend a strike considered detrimental to the national economy or public safety.

The law prohibits strikes at the sector- or industry-level and prohibits workers and unions from calling for strikes in support of multiemployer contracts.

The law states the executive committee of a trade union may issue a decision to go on strike only when at least 50 percent of workers support it.

Laws stipulate an extensive and cumbersome process of mediation and arbitration before a lawful strike may occur. Unions or workers’ representatives may either appeal decisions of provincial arbitration councils to provincial people’s courts or strike. The law stipulates strikers may not be paid wages while they are not at work. The law prohibits retribution against strikers. By law individuals participating in strikes declared illegal by a people’s court and found to have caused damage to their employer are liable for damages.

The laws include provisions that prohibit antiunion discrimination and, nominally, interference in union activities while imposing administrative sanctions and fines for violations. The laws do not distinguish between workers and managers, however, and fail to prohibit employers’ agents, such as managers who represent the interests of the employer, from participating or interfering in union activity. Penalties were not adequate to deter violations.

According to the Ministry of Labor, Invalids, and Social Affairs (MOLISA), there were 67 strikes in the first half of 2019. Most of them occurred in southern provinces. Approximately 82 percent of the strikes occurred in foreign direct-investment companies (mainly Korean, Taiwanese, Japanese, and Chinese companies). The strikers sought higher wages, better social insurance, and better meals between shifts. None of the strikes followed the authorized conciliation and arbitration process and thus authorities considered them illegal “wildcat” strikes. The government, however, took no action against the strikers and, on occasion, actively mediated agreements in the workers’ favor. In some cases the government imposed heavy fines on employers, especially of foreign-owned companies, that engaged in illegal practices that led to strikes.

Because it is illegal to establish or seek to establish independent labor unions, there were no domestic NGOs involved in labor organizing. Local, unregistered labor NGOs, however, supported efforts to raise awareness of worker rights and occupational safety and health issues and to support internal and external migrant workers. Multiple international labor NGOs collaborated with the VGCL to train VGCL-affiliated union representatives in labor organizing, collective bargaining, and other trade union issues. The International Labor Organization (ILO)-International Finance Corporation (IFC) Better Work project reported management interference in trade union activities was a significant issue in garment factories.

Labor activists and representatives of independent (non-VGCL) worker organizations faced antiunion discrimination. Independent labor activists seeking to form unions separate from the VGCL or inform workers of their labor rights sometimes faced government harassment. In February 2018 a court convicted and sentenced peaceful labor and environmental activist Hoang Duc Binh to 14 years’ imprisonment under vague articles of the penal code. Binh, arrested in 2017, advocated for compensation for fishermen affected by a 2016 toxic waste spill and posted critical online content about the government’s response to the spill (see section 1.d.). In addition, authorities continued to use foreign travel prohibitions against labor activists, including the chairwoman of the independent Viet Labor Movement, Do Thi Minh Hanh (also see section 2.d.).

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit forced or compulsory labor. The labor code’s definition of forced labor, however, does not explicitly include debt bondage. In January penal code amendments entered into effect that criminalized all forms of labor trafficking of adults and children younger than 16. The penalties were not sufficient to deter violations; in fact, the law does not provide any penalty for violating provisions prohibiting forced labor. NGOs continued to report the occurrence of forced labor of men, women, and children within the country (see also section 7.c.).

Labor recruitment firms, most affiliated with state-owned enterprises, and unlicensed brokers reportedly charged workers seeking overseas employment higher fees than the law allows, and they did so with impunity. Those workers incurred high debts and were thus more vulnerable to forced labor, including debt bondage.

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 newly ratified labor code establishes that only people age 18 or older are eligible to work. However, other laws address conditions for employment of children under the age 18. The constitution prohibits “the employment of persons below the minimum working age,” generally 13, with exceptions set by the Labor Ministry. The law prohibits children under 18 from working heavy, hazardous, and dangerous jobs.

Illegal child labor was reported in labor-intensive sectors such as garments and textiles, construction, agriculture, and some manufacturing. Local media also reported children working as beggars in gangs whose leaders abused the children and took most of the children’s income. Some children started work as young as 12, and nearly 55 percent of child workers did not attend school.

In the garment sector, children as young as six and up to 18 reportedly produced garments in conditions of forced labor. The most recently available information from government raids, NGOs, and media reports during the year indicated this was most common in small, privately owned garment factories and informal workshops. Reports indicated these employers beat or threatened the children. In addition, there was evidence children as young as 12 were working while confined in government-run rehabilitation centers. Employers forced these children to sew garments without pay under threat of physical or other punishments.

The Ministry of Labor is responsible for enforcing child labor laws and policies. Government officials may fine and, in cases of criminal violations, prosecute employers who violate child labor laws. As part of the government’s 2016-20 National Plan of Action for Children and National Program for Child Protection, the government continued efforts to prevent child labor and specifically targeted children in rural areas, disadvantaged children, and children at risk of exposure to hazardous work conditions.

International and domestic NGOs noted successful partnerships with provincial governments to implement national-level policies combatting child labor.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on gender, race, disability, color, social class, marital status, belief, religion, HIV-status, and membership in a trade union or participation in trade union activities in employment, labor relationships, and work but not explicitly in all aspects of employment and occupation. The law does not prohibit discrimination based on political opinion, age, language, national origin, sexual orientation, or gender identity.

No laws prohibit employers from asking about family or marital status during job interviews.

The government did not effectively enforce employment discrimination laws but did take some action to address employment discrimination against persons with disabilities. Companies with a workforce composed of at least 51 percent employees with disabilities may qualify for special government-subsidized loans.

Discriminatory hiring practices existed, including discrimination related to gender, age, disability, and marital status. Women were expected to retire at age 60, compared with age 62 for men, affecting women’s ability to rise to managerial ranks and have higher incomes and pensions.

Women-led enterprises continued to have limited access to credit and international markets. Female workers earned, per year, an average of one month’s income less than male workers, with skilled female workers earning less than male workers with similar skills. Many women above the age of 35 found it difficult to find a job, and there were reports of women receiving termination letters at 35. The VGCL’s Institute of Workers and Trade Unions noted women older than 35 accounted for roughly half of all unemployed workers in the country.

Social and attitudinal barriers and limited accessibility of many workplaces remained problems in the employment of persons with disabilities.

e. Acceptable Conditions of Work

The minimum wage varies by region. In all regions, the minimum wage exceeds the World Bank official poverty income level.

The law limits overtime to 50 percent of normal working hours per day, 30 hours per month, and 200 hours per year, but it provides for an exception in special cases, with a maximum of 300 overtime hours annually, subject to advance approval by the government after consultations with the VGCL and employer representatives.

The law provides for occupational safety and health standards, describes procedures for persons who are victims of labor accidents and occupational diseases, and delineates the responsibilities of organizations and individuals in the occupational safety and health fields. The law provides for the right of workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. The law protects “labor subleasing,” a pattern of employment, and thus extends protection to part-time and domestic workers.

The Ministry of Labor is the principal labor authority, and it oversees the enforcement of labor law. The Labor Inspections Department is responsible for workplace inspections to confirm compliance with labor laws and occupational safety and health standards. Inspectors may use sanctions, fines, withdrawal of operating licenses or registrations, closures of enterprises, and mandatory training. Inspectors may take immediate measures where they have reason to believe there is an imminent and serious danger to the health or safety of workers, including temporarily suspending operations, although such measures were rare. The ministry acknowledged shortcomings in its labor inspection system and emphasized the number of labor inspectors countrywide was insufficient.

The government did not effectively enforce labor laws, particularly in the informal economy.

Credible reports, including from the ILO-IFC Better Work 2019 Annual Report, indicated factories exceeded legal overtime thresholds and did not meet legal requirements for rest days. The ILO-IFC report stated that, while a majority of factories in the program complied with the daily limit of four hours overtime, 77 percent still failed to meet monthly limits (30 hours) and 69 percent exceeded annual limits (300 hours). In addition, and due to the high prevalence of Sunday work, 40 percent of factories failed to provide at least four days of rest per month to all workers.

Migrant workers, including internal economic migrants, and uncontracted laborers were among the most vulnerable workers, and employers routinely subjected them to hazardous working conditions. Members of ethnic minority groups often worked in the informal economy and, according to the ILO, informal workers typically had low and irregular incomes, endured long working hours, and lacked protection by labor market institutions. Additionally, workers in the informal sector are only eligible to pay into a voluntary social insurance fund covering only retirement and survivors’ allowances. Workers in the formal sector and their employers contribute to a system that covers sickness, maternity, labor accidents, and occupational disease as well as retirement and survivors’ allowances.

On-the-job injuries due to poor health and safety conditions and inadequate employee training remained a problem. In 2018 the government reported 7,997 occupational accidents with 8,229 victims, including 972 fatal incidents with 1,038 deaths. Among the fatal incidents, 578 incidents involved contracted laborers, while 394 incidents involved uncontracted laborers.

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