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Egypt

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and of the press but includes a clause stating, “it may be subject to limited censorship in times of war or public mobilization.”

Freedom of Speech and Expression: Citizens expressed their views on a wide range of political and social topics. The government investigated and prosecuted critics for alleged incitement of violence, insults to religion, insults to public figures and institutions such as the judiciary and the military, or violation of public morals. Individuals also faced societal and official harassment for speech viewed as sympathetic to the Muslim Brotherhood, such as using a hand gesture showing four fingers, a reference to the 2013 security operation to disperse the sit-in at Rabaa al-Adawiya Square.

The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” The president stated in a September speech that lying was a form of terrorism. Human rights observers expressed concern that authorities could use the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.

On February 20, a Bulaq Abu el-Ela appellate misdemeanor court sentenced author Ahmed Naji to two years in prison on charges of violating public morals based on the publication of an excerpt of his novel, The Use of Life, which contained explicit descriptions of sexual acts and illegal drug use. Authorities had acquitted Naji of the same charges in January, but prosecutors appealed the decision. Numerous writers and intellectuals decried the verdict, describing it as part of a larger government campaign against free expression. On December 18, a court suspended the implementation of Naji’s sentence pending the appeal of his sentence. Naji’s next hearing was scheduled for January 1, 2017.

In May authorities arrested the five members of the satirical group Street Children after it released a video criticizing supporters of the president and the increasing number of arrests. Band members were reportedly under investigation on charges of attempting to topple the regime, publishing offensive videos, and inciting citizens against authorities. In May authorities released one band member on bail and released the remaining four members in September pending investigations.

Press and Media Freedoms: The constitution, penal code, and media and publications law govern media issues. The government regulated the licensing of newspapers and controlled the printing and distribution of a majority of newspapers, including private newspapers and those of opposition political parties. The law does not impose restrictions on newspaper ownership.

The more than 20 state-owned media outlets broadly supported official state policy. The term for the governmental Higher Press Council, which had the power to appoint and dismiss editorial leadership of state-owned print outlets, expired in January. The governmental Egyptian Radio and Television Union appointed the heads of state-owned radio and television channels. Both state-owned and private media (including television and online journalism) sometimes criticized the government, but dominant media narratives supported the president and his policy initiatives.

As of December the Committee to Protect Journalists reported there were 25 imprisoned journalists in the country. Authorities continued to keep journalist Ismail Alexandrani in detention without formal charges at year’s end. Authorities detained him in November 2015 on arrival at Hurgada airport. On November 20, a court ordered his release, but authorities successfully appealed the release order. According to local rights groups, Alexandrani was under investigation for “reporting false news” and “joining a banned group.” Alexandrani’s reporting and scholarly work focused on the Sinai.

On May 1, authorities raided the press syndicate headquarters and arrested two journalists, Mahmoud el-Sakka and Amr Badr, according to members of the syndicate. Both journalists worked for an opposition news site, Bawabet Yanayer. The Interior Ministry claimed it had not raided the headquarters, and the journalists had willingly surrendered to authorities. Authorities referred el-Sakka and Badr to trial on charges of spreading false news and possession of firearms and Molotov cocktails. On August 27, a court ordered Badr’s release on bail of LE 5,000 ($275) pending investigations. On September 29, a court ordered el-Sakka’s release on bail of LE 5,000 ($275) pending investigations. The journalists’ arrests followed arrests of dozens of others on April 25, in connection with protests against the government’s announcement of a maritime border demarcation agreement with Saudi Arabia in which the government determined that Tiran and Sanafir islands fell under Saudi sovereignty. According to a local rights group, authorities released most of those detained that day after a short incarceration.

On November 19, a court sentenced Yehia Kalash, president of the press syndicate, and Gamal Abdel Reheem and Khaled el-Balshy, two syndicate board members, to two years in prison for harboring fugitives (el-Sakka and Badr) inside the syndicate’s headquarters and spreading false news in connection with the May 1 raid on the syndicate headquarters. The three were sentenced in absentia; they appealed the verdict, and the hearing was scheduled for January 14, 2017.

On August 27, according to media reports, an administrative court referred Azza al-Henawy, an anchor for state-owned al-Qahera TV, to trial on charges including insulting the president. Al-Henawy had criticized the president and made allegations of corruption during a March television broadcast.

The Ministry of Foreign Affairs issued statements condemning articles critical of the country in international publications, sometimes citing the authors by name.

Violence and Harassment: According to media reports and local and international human rights groups, state and nonstate actors arrested and imprisoned, harassed, and intimidated journalists. Foreign correspondents reported cases where the government denied them entry, deported them, and delayed or denied issuance of media credentials; some claimed these actions were part of a government campaign to intimidate foreign media.

On May 23, authorities denied French news correspondent Remy Pigaglio entry into the country when he arrived at Cairo International Airport after returning from vacation in France. Pigaglio claimed officials at first prevented him from contacting the French ambassador in Egypt and, and after detaining him for more than 24 hours, deported him.

In June security officers took British-Lebanese journalist Lilian Daoud from her Cairo home by security officers immediately following the end of her employment contract with ONTV. Authorities briefly detained and then deported her, according to media reports. On her television show, The Full Picture, Daoud had hosted protesters and youth leaders as well as government officials. The program had expressed views critical of the government.

In September 2015 the Cairo Criminal Court began a trial of 48 defendants accused of being Muslim Brotherhood members and charged with participating in the 2014 protest in Ain Shams during which journalist Mayada Ashraf was shot and killed while covering the clashes between protesters and police. The next hearing was scheduled for February 13, 2017.

Censorship or Content Restrictions: Official censorship occurred. On February 3, art-house cinema Zawya stated that the country’s Censorship Authority refused to authorize the screening of three short films as part of Zawya’s Short Film Festival. Zawya’s director speculated to media that in the case of two of the three films, authorities objected to the content of the films, which included sexual content and discussions of atheism.

In August government officials confiscated copies of an issue of privately owned Sout Alomma newspaper, which included an article about the health of the president’s mother and articles critical of former president Hosni Mubarak.

Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the Muslim Brotherhood, due to the overall anti-Muslim Brotherhood and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine.

Libel/Slander Laws: Local and international rights groups reported several cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, primarily targeting Christians but also Muslims.

On January 26, al-Khalifa Misdemeanor Court convicted writer Fatima Naoot in her absence and sentenced her to three years in prison and a fine of LE 20,000 ($1,100) for denigrating Islam by describing the Islamic ritual of sacrificing sheep during Eid al-Adha as a “massacre,” in a 2014 Facebook post. On March 31, the Sayeda Zeinab Appellate Misdemeanor Court confirmed the sentence. After Naoot appealed the decision, on October 20, the same court ordered her release pending investigations. On November 24, an appeals court reduced her sentence to a six months suspended.

On February 25, Bani Mazar Juvenile Misdemeanor Court sentenced four Christian high school students to five years’ imprisonment for denigrating Islam after the students appeared in video pretending to perform a Muslim prayer. The same court sentenced the students’ teacher, Gad Youssef Younan, who reportedly filmed the video, to three years in prison for denigrating Islam in December 2015.

Authorities released Mohamed Hegazy, also known as Bishoy Armia Boulous, from prison in July after spending more than two years in detention based on accusations that he had denigrated Islam in a symposium in 2009. A court ordered his release in June; however, over a period of several weeks, prison authorities claimed to have lost the court order and moved him to another prison without informing his attorney, according to media reports. During this time Hegazy recorded a video from prison in which he stated that he was reverting to Islam from Christianity; authorities released him shortly thereafter. Boulous unsuccessfully sued the Ministry of Interior in 2009 to recognize his conversion from Islam to Christianity, testing the constitutional right of freedom of religion.

National Security: The law allows government censors to block the publication of information related to intelligence and national security. Judges may issue and have issued restraint orders to prevent media from covering court cases considered sensitive on national security grounds. Rights groups stated authorities sometimes misused the orders to shield government, police, or military officials from public scrutiny. For example, on April 30, a court issued such an order in the case of protesters arrested during demonstrations against the government’s announcement of a maritime border demarcation agreement with Saudi Arabia in which the bilateral agreement determined that Tiran and Sanafir islands fall under Saudi sovereignty. Citing safety and security, the government and military restricted media access to many parts of North Sinai.

The law imposes a fine on any person who “intentionally publishes…or spreads false news” contradicting official Ministry of Defense statements. The fine is many times the average annual salary of most local journalists.

An amendment to the police authority law, approved by parliament on August 9, bars police from providing information related to their work to media without permission from the Interior Ministry. An international NGO argued the amendment illustrated the government’s continuing effort to undermine transparency.

INTERNET FREEDOM

The government did not generally restrict or disrupt access to the internet or censor online content, albeit with some exceptions. The constitution protects the right to privacy, including on the internet. The constitution provides for the confidentiality and “inviolability” of postal, telegraphic, and electronic correspondence; telephone calls; and other means of communication. They may not be confiscated, revealed, or monitored except with a judicial order, only for a definite period, and only in cases defined by law. The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications. Law enforcement agencies occasionally restricted or disrupted individuals’ access to the internet, and the government monitored social media accounts and internet usage, relying on a law that only allows targeted interception of communications under judicial oversight for a limited period of time and does not permit indiscriminate mass surveillance. The public prosecutor occasionally prosecuted individuals accused of posting “insulting” material.

The counterterrorism law criminalizes the use of the internet to “promote ideas or beliefs that call for terrorist acts” or to “broadcast what is intended to mislead security authorities or influence the course of justice in relation to any terrorist crime.” The law also authorizes the public prosecutor and investigators to monitor and record online communications between suspects in terrorism cases for a period of 30 days, renewable in 30-day increments. The law does not specify a maximum time period.

The government attempted to disrupt the communications of terrorist groups operating in northern Sinai by cutting telecommunication networks: mobile services, internet, and sometimes landlines. Cuts generally occurred from 6 a.m. to 6 p.m. Networks were again fully accessible at approximately 8 p.m. and sometimes later. This tactic disrupted operations of government facilities and banks. The law obliges internet service providers and mobile operators to allow government access to customer databases, which can allow security forces to obtain information about activities of specific customers, which could lead to lack of online anonymity. Individuals widely used social media sites, such as Twitter and Facebook, during demonstrations and included widespread criticism of the government and security forces.

In July, Internet Live Stats estimated internet penetration to be 33 percent. A local civil society organization estimated 57 percent of families had internet access at home and four million persons used Twitter. A digital consulting company stated 28 million persons used Facebook.

There were reports that authorities monitored social media and internet dating sites to identify and arrest lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

On January 13, police arrested three administrators of Facebook pages that allegedly promoted antigovernment protests scheduled for the fifth anniversary of the January 25 Revolution, according to media reports. Two of the three were Muslim Brotherhood members, according to state-owned media.

In April international media reported that in December 2015 Facebook terminated its Free Basics Service, which provided mobile phone users with free access to a limited suite of internet services, because the company would not allow the government to circumvent the service’s security to conduct surveillance. The government previously stated that it had only granted the mobile carrier Etisalat a temporary permit to offer the service for two months.

On December 19, Open Whisper Systems claimed that Egyptian authorities were blocking access to its encrypted messaging application Signal.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were reports of government restrictions on academic freedom. In October, Minister of Higher Education Ashraf al-Shihy published a statement requiring private universities to review all research papers and thesis dissertations to assure they do not include any “direct or indirect insult to societies or individuals belonging to any brotherly or friendly countries.” According to media and local rights groups, a degree of self-censorship, similar to that reported by nonacademic commentators, allegedly existed when academics publicly commented on sensitive political and socioeconomic issues. In February media reported that in December 2015, Cairo University revoked permission for one of its professors, Kholoud Saber, to pursue her doctoral degree abroad. Saber told media the decision came from an office connected to the Interior Ministry. Separately, Cairo University President Gaber Nassar told media that security forces did not intervene in the university’s academic affairs. Days after publication of the news reports, Cairo University reversed its decision to revoke Saber’s permission to study abroad.

There was censorship of cultural events. The Ministry of Culture must approve all scripts and final productions of plays and films. The ministry censored foreign films to be shown in theaters but did not censor the same films sold as DVDs.

On January 20, authorities cancelled a scheduled concert by the band Elawela Balady, according to an announcement by the group, which is widely associated with the January 25 Revolution. A local human rights group described the move as an attempt by authorities to silence voices connected to the revolution.

Independent film center, Cimatheque, associated with Khaled Abdalla from the prominent revolutionary documentary The Square and the sister production company Zero Productions, remained closed since October 2015 and received regular visits from authorities. In February authorities allowed Townhouse Gallery of Contemporary Art, which was closed by authorities in December 2015, to reopen under what its director told press were new legal restrictions; he alleged that some restrictions amounted to state control of its work. Townhouse’s affiliated Rawabet Theater, which was also raided in December 2015, also reopened. The Merit Publishing House, which authorities raided in December 2015, remained open. Authorities quickly released the Merit employee detained in December 2015.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides for freedom of assembly “according to notification regulated by law.” Authorities implemented a 2013 demonstrations law that includes an expansive list of prohibited activities and gives the minister of interior the authority to prohibit or curtail planned demonstrations. Domestic and international human rights organizations asserted the law was not in keeping with international standards regarding freedom of assembly. There were protests throughout the year that varied widely in size, and some occurred without government interference. In other cases the government rigorously enforced the law restricting demonstrations, even in cases of small groups of protesters demonstrating peacefully.

Research center Daftar Ahwal reported at least 37,059 cases of individuals being stopped, arrested, or charged under the protest law between November 2013 and September. Of these, authorities charged 15,491 individuals under the protest law resulting in 6,382 convictions and 5,083 acquittals.

In January security forces arrested more than 150 individuals in connection with protests on the fifth anniversary of the January 25 Revolution, according to media reports.

In February 2015 the Cairo Criminal Court sentenced prominent activist Alaa Abdel Fattah to five years in prison on charges of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013. The ruling was subject to appeal to the Court of Cassation, which at year’s end had not ruled whether it would accept the appeal.

Authorities arrested at least 382 persons in the days leading to April 25 protests against the government’s announcement of a maritime border demarcation agreement with Saudi Arabia that determined Tiran and Sanafir islands fall under Saudi sovereignty, according to an international rights organization. Authorities convicted many of these under the protest law; however, upon appeal authorities overturned many of the convictions or reduced sentences. For example, on May 24, a Dokki and Agouza court sentenced 111 individuals to five years’ imprisonment in connection with the protests. The following day, the Dokki Misdemeanor Court cancelled the prison sentences but upheld fines of LE 100,000 ($5,500) for 86 of the defendants and refused their request to pay the fines in installments.

Thousands of persons remained imprisoned whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful); however, authorities released others who had completed their sentences. Authorities held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.

Demonstrations on university campuses decreased throughout the country as compared with the previous academic year, but security forces continued to disperse them forcefully, according to a local rights group. In April student mobilization increased with students protesting the government’s announcement of a maritime border demarcation agreement with Saudi Arabia that determined Tiran and Sanafir islands fall under Saudi sovereignty. According to the same local rights group, authorities arrested 84 students and expelled 47 students during the 2015-16 academic year.

FREEDOM OF ASSOCIATION

The constitution and the 2013 constitutional declaration provide for freedom of association. The law governing associations, however, significantly restricts this right. The law on associations affects all nongovernmental civil society associations, the overwhelming majority of which were domestic welfare, educational, and environmental foundations. The Ministry of Social Solidarity applied the law in a highly restrictive manner on international and domestic organizations receiving international funding, denying government approval of programs that domestic and international organizations sought to implement or granting governmental approval after lengthy delays (which in some cases amounted to effective denials). Rights groups reported several incidents of security services ordering the cancellation of planned training programs or other events. Over the course of one week in May, the Ministry of Social Solidarity closed 75 NGOs in Beheira Governorate, according to a ministry statement. The ministry alleged all of the 75 had Muslim Brotherhood connections and claimed the governorate was “free” of any NGOs receiving foreign funding as a result of the closures.

The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Violators may be sentenced to life in prison, or the death penalty in the case of public officials and for crimes committed during times of war or with “terrorist purpose.” The broad language raised concern among civil society that the article could be used to prosecute NGOs receiving or requesting international funding.

At year’s end the conviction of 27 mostly foreign NGO workers sentenced in 2013 for operating unlicensed organizations and receiving foreign funding without government permission stood. Appeals for some defendants were pending at year’s end; defendants had not yet filed appeals in the remainder of cases.

The Muslim Brotherhood, the Muslim Brotherhood-affiliated Freedom and Justice Party, and its NGO remained illegal, and the Muslim Brotherhood was a legally designated terrorist organization.

Authorities reopened investigations of local NGOs that received foreign funding under a case originally brought in 2011, and on December 7, human rights attorney Azza Soliman was arrested in connection with the case. She was subsequently released on bail pending investigations. On December 14, a Cairo criminal court ordered asset freezes against Soliman and the law firm she headed, Lawyers for Justice and Peace. Separately in the case, on September 17, a Cairo criminal court ordered asset freezes against five individuals–including Hossam Bahgat, founder of the Egyptian Initiative for Personal Rights; Gamal Eid, executive director of the Arabic Network for Human Rights Information; and Bahey el-Din Hassan, director of the Cairo Institute for Human Rights Studies (CIHRS)–and three organizations, including CIHRS, the Hisham Mubarak Law Center, and Egyptian Center for the Right to Education. The court denied a request to freeze the assets of six others including family members of those whose accounts were ordered frozen and support staff of the NGOs. On June 15, a Cairo criminal court ordered asset freezes against the Andalus Institute for Tolerance and Anti-Violence Studies and its director, Ahmed Samieh. Freeze orders are subject to appeal after three months. Asset freeze cases were also pending against women’s rights organization Nazra for Feminist Studies and its executive director Mozn Hassan at year’s end. The next hearing was scheduled for January 11, 2017.

In February el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation), which documents torture and other forms of abuse and provides counseling for torture and rape victims, received administrative closure orders from three governmental bodies. The organization asserted the letters were politically motivated, targeting el-Nadeem because of its work on torture, deaths in detention, and impunity for these crimes. At year’s end authorities had neither rescinded nor enforced the orders, and the organization continued to operate but had suspended its clinical activities

On February 29, a misdemeanor court sentenced Amr Ali, coordinator of the April 6 Youth Movement, a political advocacy group, to three years’ imprisonment for inciting protests and attempting to topple the government. On July 30, an appeals court reduced his sentence to two years.

In March student union leaders called for a general assembly meeting to discuss the future of the Egyptian Student Union–the largest countrywide student union–after the December 2015 decision by the Ministry of Higher Education to nullify the results of the union’s November 2015 elections. As of December no such assembly had taken place.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers. The authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.

Abuse of Migrants, Refugees, and Stateless Persons: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced significant societal, sexual, and gender-based violence.

According to a local civil society organization, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to racist verbal abuse, beatings, and torture during detention.

While reports of abuse by Sinai-based facilitators and captors of illegal migrants continued to decline, a shift in human trafficking activities to mainland Egypt has accompanied this decline as a result of the security situation in Sinai and Libya.

Although the government did not cooperate consistently with UNHCR and humanitarian organizations in providing protection and assistance to asylum seekers and other persons of concern, it allowed UNHCR access to registered refugees in detention.

In-country Movement: Citizens and foreigners may not travel in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, and civil society activists from entering the Sinai Peninsula, stating it was to protect their safety; however, some persons avoiding government detection did enter the Sinai, particularly irregular migrants attempting to reach the Israeli border and the western border zone.

Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.”

Men who have not completed compulsory military service, however, may not travel abroad or emigrate. National identification cards indicated completion of military service. Married Bahais and their children faced difficulties obtaining national identification cards because the government did not recognize Bahai marriages as legitimate. Some Bahai men of draft age were unable to establish they either had fulfilled or were exempt from military service and, therefore, were unable to obtain passports. Police officials reportedly forced unmarried young women, sometimes including those in their 30s, to present their father’s written permission to obtain a passport and to travel abroad, although the law does not require such permission.

Authorities required citizens between the ages of 18 and 45 to obtain permission from the Interior Ministry to travel to 16 countries: Guinea, Indonesia, Israel, Jordan, Malaysia, South Africa, South Korea, Thailand, Yemen, Iraq, Lebanon, Libya, Qatar, Sudan, Syria, and Turkey. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country.

The government increasingly imposed travel bans on human rights defenders and political activists. In March, Mada Masr reported there had been 554 cases of politically motivated banned entry and exit imposed by authorities in airports since 2011. In February local and human rights groups said that authorities intended to intimidate and silence human rights defenders. Several local and international human rights organizations reported a string of exit bans issued against human rights defenders and human rights activists.

Individuals connected with NGOs facing investigation as part of the reopened NGO foreign funding case faced travel bans. On June 27, authorities prevented women’s rights activist Mozn Hassan from departing the country and informed her that the prosecutor general had issued an order banning her from travel at the request of one of the case’s investigative judges. On July 15, authorities prevented human rights lawyer and member of the NCHR, Nasser Amin, from departing the country and told him that authorities had subjected him to a travel ban. According to statements by Amin’s lawyer, the travel ban was part of the reopened NGO foreign-funding case.

In January 2015 authorities prevented democracy activist Esraa Abdel Fattah from departing the country and informed her that authorities had issued a travel ban in her name. She filed a lawsuit to challenge the ban, but the court dismissed the suit. Separately, in 2015 authorities confiscated the passport of human rights defender Mohamed Lotfy and prevented him from traveling to Berlin to deliver a statement before the German parliament on the eve of President Sisi’s state visit to Germany in June 2015. Abdel Fattah and Lotfy continued to be unable to depart the country.

Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsy-era politicians lived outside the country by choice and alleged they faced government threats of prosecution.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for the protection of political refugees, but the laws do not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens, nor does it register or provide any assistance to Palestinian refugees in the country.

According to UNHCR, as of September there were approximately 192,000 registered refugees and asylum seekers in the country, coming mainly from Syria, Sudan, South Sudan, Ethiopia, Eritrea, and Iraq. The number of Syrian nationals newly registered as refugees increased since 2015. Observers attributed the increase to a new level of socioeconomic desperation among Syrians who had prolonged their stay in Egypt while depleting their assets, as well as an increase in new arrivals by way of Sudan, which remained the only country to which Syrians could travel without visas. As of August UNHCR reported 114,911 registered Syrian refugees in the country. The number of African refugees significantly increased during the year according to UNHCR, particularly among Ethiopian, Eritrean, and South Sudanese populations.

In 2012 and 2013 under the Morsy administration, the government accorded Syrians visa-free entry. Starting in mid-2013, the government applied a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria since Egypt lacked consular services there. UNHCR reported cases of prolonged separation of Syrian families in Egypt and family members in Syria, Libya, or the Gulf countries. The government rarely granted family reunification visas.

Since the regulations took effect in 2013, UNHCR stated authorities detained and deported dozens of Syrians who arrived in the country without a visa or with forged documents, usually to the transit countries from which they arrived, or to Turkey or Lebanon. According to UNHCR, the number of Syrians using forged documents to travel to the country increased during the year. Stricter visa restrictions imposed by Jordan and Turkey also resulted in the return of some Syrians to Egypt, where they remained in prolonged detention.

Reports of irregular movements of individuals, including asylum seekers, and of detention of foreign nationals attempting to depart the country irregularly remained numerous, after a dramatic increase in 2013. Syrians represented the largest portion of this group, which also included Sudanese, South Sudanese, Eritreans, Somalis, Ethiopians, and other Africans. UNHCR observed increased African irregular departures from the country, particularly Sudanese, Eritrean, and Ethiopian nationals. Irregular migrants continued to travel steadily through the land route from Sudan (Wedi Halfa/Abu Simbel). There were 4,913 reported deaths of irregular migrants in the Mediterranean during the year, an increase from 3,600 reported for 2015.

UNHCR access to detained registered refugees and asylum seekers was unscheduled and intermittent. According to UNHCR, authorities allowed access but only by request. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed the majority of detained refugees and asylum seekers. Authorities denied UNHCR access to unregistered asylum seekers at all prison and detention facilities, and UNHCR officials faced difficulties accessing prisoners to determine their status. The government subjected detained migrants, many of whom were Ethiopian, Eritrean, Sudanese, and Somali (and may have had a basis for asylum claims), to prolonged administrative detention for unauthorized entry or residence. Detained migrants–as unregistered asylum seekers–did not have access to UNHCR. Authorities often held them in jails, military camps, and regular prisons with convicted criminals.

Approximately three thousand Palestinian refugees from Syria were also present in the country, representing a significant decrease from 2015, which rights groups believed was a result of able-bodied men and teenage boys departing by sea to Europe as irregular migrants. The majority reportedly lived in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population, who were not able to access UNHCR assistance provided to Syrians due to governmental restrictions. Despite UNHCR’s mandate for Palestinians outside of the fields of operations of the UN Relief and Works Agency, the government denied UNHCR permission to provide services, reportedly in part due to a belief that allowing UNHCR registration would negate Palestinian refugees’ right of return. Similar to 2014 authorities detained a few Palestinian refugees from Syria but promptly released them. The International Committee of the Red Cross (ICRC) mission in Cairo provided some humanitarian assistance to Palestinian refugees from Syria.

Refoulement: According to human rights advocates, migrants detained while attempting to enter the country irregularly were typically given two options: return to their country of origin or indefinite administrative detention. Because the government denied UNHCR access to unregistered detained migrants and asylum seekers, the number of potential asylum seekers returned to their countries was unknown. Authorities frequently encouraged those detained to choose to return to their countries of origin to avoid continued detention, even in cases where the individuals expressed a fear of return. Authorities also deported children to their countries of origin without their parents or an adult caregiver. In 2014 authorities deported children recognized as refugees by UNHCR to their country of origin without their mother or an adult caregiver. In September members of the humanitarian assistance community noted that the government did not deport every irregular migrant caught either crossing the country or trying to depart by sea but that this inconsistent approach was largely due to the government’s severe budgetary constraints.

UNHCR stated the Syrian embassy implemented a restrictive policy regarding the renewal of expired passports of Syrian nationals in detention, regardless of the grounds for arrest. In such cases the Syrian embassy issued a travel document valid only for return to Syria; therefore, the absence of a valid national passport for Syrian refugees in detention resulted in either prolonged detention or forced repatriation. According to UNHCR reports, the Syrian embassy renewed passports on an individual basis in a few cases for released detainees. Syrian authorities generally refused to renew passports for persons who had registered with UNHCR.

Fewer Palestinian refugees from Syria entered the country in an illegal manner with the intention to travel to Europe. In a number of cases, in the absence of valid travel documents or inability to confirm their identities, they faced either detention or deportation.

Employment: There is no law granting refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.

Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, continued to face limited access to housing, public education, public health services, and other social services. The Interior Ministry restricted some international organizations seeking to assist migrants and refugees in the Sinai but provided the International Organization for Migration (IOM) access to some detention centers. UNHCR provided refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. IOM provided additional assistance to particularly vulnerable migrants and individual asylum cases either rejected or being processed by UNHCR.

Some public schools enrolled Syrian refugee children, but universal access for refugee education was nonexistent largely due to concerns about overcrowded public schools and a lack of resources. Instead, refugee children mainly attended refugee-run schools, private schools, or were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many of the hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. In response to the influx of Syrians, the government allowed Syrian refugees and asylum seekers access to public education and health services; however, due to lack of availability, the low quality of Egyptian public education, and cases of severe harassment of Syrian children, many Syrian children remained outside the formal education system.

STATELESS PERSONS

Most of the 22 stateless persons known to UNHCR were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. An unknown number of the approximately 50,000 to 100,000 Palestinian refugees were stateless.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, to bargain collectively, and to strike, with significant restrictions. The constitution provides for freedom of association, but authorities had not drafted implementing legislation. Older labor laws still on the books contradict this right, and in March the Interior Ministry issued a directive instructing government offices not to accept documents stamped by independent trade unions as legal documents, calling such unions “illegitimate entities.”

The law provides for collective bargaining but imposes significant restrictions. For example, the government sets wages and benefits for all public-sector employees. The law does not provide for enterprise-level collective bargaining in the private sector but requires centralized tripartite negotiations with workers represented by a union affiliated with the Egyptian Trade Union Federation (ETUF) and the Ministry of Manpower overseeing and monitoring collective negotiations and agreements.

The constitution provides for the right to “peaceful” strikes. The Unified Labor Law permits peaceful strikes but imposes significant restrictions for strikes to be considered legal, including prior approval by a general trade union affiliated with the ETUF.

The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity. Labor laws do not cover several categories of workers, including agricultural and domestic workers, among other sectors of the informal economy.

Government enforcement of applicable laws was inconsistent. On April 30, HRW reported that no new unions had been able to register since September 2015. The government also occasionally used its powers to arrest striking workers and rarely reversed arbitrary dismissals. The government seldom followed the requirement for tripartite negotiations in collective disputes, and workers negotiated directly with employers, usually after resorting to a strike. When the government became involved, it most often was for dispute resolution rather than for genuine collective bargaining.

On March 20, hundreds of public-sector employees organized a demonstration against the civil service law adopted by presidential decree in July 2015. Workers criticized the law for decreasing benefits, which the government stated was necessary for budgetary reform. Parliament rejected the law in January as part of its review of presidential decrees issued in the absence of a legislative body. On October 3, it approved a revised version, and the government issued the law on November 2. Separately, textile workers ended their strike after receiving a written assurance from the president that they would receive the 10 percent “social allowance” promised under the civil service law, according to media reports.

Unions, which had proliferated in recent years, continued to face pressure to dissolve. On June 26, an administrative court referred a lawsuit calling for the dissolution of independent trade unions to the Supreme Constitutional Court. ETUF affiliates filed the lawsuit.

Two main independent trade union federations, the Egyptian Federation of Independent Trade Unions and the Egyptian Democratic Labor Congress, continued to operate. The National Federation of Egyptian Trade Unions, a coalition of 140 independent trade unions from the public and private sector whose leadership stated it focused on negotiations with the government rather than strikes or protests, had not been reported to have engaged in any activities since its founding in October 2015.

While it was no longer directly controlled by the state, observers still saw the ETUF as subordinate to the state, and authorities repeatedly postponed elections for new leadership. Government-appointed ETUF board members remained in place, despite the May 2015 expiration of former prime minister Mehlab’s 2014 decree to extend the government-appointed board. The ETUF received some advantages from the state. In June the government did not include independent trade unions in its official delegation to the International Labor Conference in Geneva; however, several independent trade unions participated in the conference at the invitation of the International Labor Organization.

Authorities arrested or subjected to other legal sanctions several labor organizers, often following the dispersal or end of a labor strike. Authorities arrested 27 shipyard workers in Alexandria after a May 22-23 sit-in to protest delayed bonuses and other work-related grievances. Authorities charged the workers with instigating unlawful strikes and obstructing company operation. They were being tried by a military court on the grounds that the shipyard, a former state-owned enterprise, remains under Ministry of Defense administration. In November authorities ordered the workers released on bail after they resigned from the shipyard. The next hearing was scheduled for January 24, 2017.

Workers sometimes staged sit-ins on government and private property, often without obtaining the necessary permits. In June workers from the Nile Cotton Ginning Company staged a sit-in in front of parliament to protest delayed enforcement of a court order to return the company to state ownership after authorities sold it to a private company.

Police, and the military to a lesser extent, engaged in the forceful dispersal of labor actions in isolated cases.

b. Prohibition of Forced or Compulsory Labor

The constitution states no work may be compulsory except by virtue of a law. Government did not effectively enforce the prohibition. Employers subjected male and female persons (including citizens) from South Asia, Southeast Asia, and Africa to forced labor in domestic service, construction, cleaning, begging, and other sectors. The government worked with NGOs to provide some assistance to victims of human trafficking, including forced labor.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The Child Law sets the minimum age for regular employment at age 15 and at 13 for seasonal employment. The constitution defines a child as anyone under the age of 18. A Ministry of Manpower decree bars children under age 18 from 44 specific hazardous occupations, while the Child Law prohibits employment of children under 18 from work that “puts the health, safety, or morals of the child into danger.” Provincial governors, with the approval of the minister of education, may authorize seasonal work (often agricultural) for children age 12 or older, provided duties are not hazardous and do not interfere with schooling. The labor code and Child Law limit children’s work hours and mandate breaks. The labor code explicitly excludes domestic work, work in family businesses, and work in noncommercial agriculture from minimum age and other restrictions.

Overall, authorities did not enforce child labor laws effectively. The Ministry of Manpower, in coordination with the NCCM and the Ministry of Interior, enforced child labor laws in state-owned enterprises and private-sector establishments through inspections and supervision of factory management. Labor inspectors generally operated without adequate training on child labor issues, although the Ministry of Manpower continued to offer some child-labor-specific training. The government did not inspect noncommercial farms for child labor, and there were very limited monitoring and enforcement mechanisms for children in domestic service. When authorities prosecuted offenders, the fines imposed were often as low as LE 500 ($28), insufficient to deter violations. The government did not enforce child labor laws in the informal sector.

Data was not available on Ministry of Manpower inspections for the use of child labor. Where child labor was found, the ministry issued warnings fines, or it referred the offending companies to the Office of the Prosecutor General.

Although the government often did not effectively enforce relevant laws, authorities continued to implement a number of social, educational, and poverty reduction programs to reduce children’s vulnerability to exploitive labor. The NCCM, working with the Ministries of Education and Social Solidarity, sought to provide working children with social security safeguards and to reduce school dropout rates by providing families with alternative sources of income.

Child labor occurred, although estimates on the number of child laborers varied. According to a 2010 report by CAPMAS, the most recent available, 1.594 million children worked, primarily in the agricultural sector in rural areas but also in domestic work and factories in urban areas, often under hazardous conditions. Children also worked in light industry, the aluminum industry, construction sites, and service businesses such as auto repair. According to government, NGO, and media reports, the number of street children in Cairo continued to increase in the face of deteriorating economic conditions. Such children were at greater risk of sexual exploitation or forced begging. In some cases employers abused or overworked children.

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

d. Discrimination with Respect to Employment and Occupation

The constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” It does not specify age, citizenship, sexual orientation or gender identity, or HIV-positive status or other communicable diseases. The law provides for persons with disabilities to gain access to vocational training and employment but does not completely outlaw discrimination. The government did not effectively enforce prohibitions against such discrimination. Discrimination in employment and occupation occurred with respect to women and persons with disabilities (see section 6). Discrimination against migrant workers occurred (see section 2.d.).

An employee facing discrimination can file a report before the local government labor office. If the employee and the employer are unable to reach an amicable settlement, they take the claim to administrative court, which may order the employer to redress the complaint or to pay damages or legal fees. According to local rights groups, implementation of the law was inadequate. Additionally, the lengthy and expensive litigation process could deter employees from filing claims.

e. Acceptable Conditions of Work

The government introduced a monthly minimum wage of LE 1,200 ($66) for government employees and public-sector workers. According to labor rights organizations, the government implemented the minimum wage for public-sector workers but applied it only to direct government employees and included benefits and bonuses in calculating total salaries. Most government workers already earned income equal to or more than the announced minimum wage. For government employees and public-business-sector workers, the government also set a maximum wage limit at 35 times the minimum wage of LE 42,000 ($2,310) per month. There was no private-sector minimum wage. In July CAPMAS estimated the poverty rate in the country to be 28 percent, an increase from its 2013 estimate of 26 percent. The law does not require equal pay for equal work.

The law stipulates a maximum 48-hour workweek for the public and private sectors and provides for premium pay for overtime and work on rest days and national holidays. The labor law prohibits excessive compulsory overtime. The government sets worker health and safety standards, for example prohibiting employers from maintaining hazardous working conditions. The law excludes agricultural, fisheries, and domestic workers from regulations concerning wages, hours, and working conditions.

The Ministry of Manpower is responsible for enforcement of labor laws and standards for working conditions. Due in part to insufficient resources, labor law enforcement and inspections were inadequate. The ministry did not attempt to apply labor standards to the informal sector. Penalties, especially as they were often unenforced, did not appear sufficient to deter violations. By law workers are allowed to remove themselves from situations that endanger health or safety without jeopardy to employment, although authorities did not reliably enforce this right.

The government provided services, such as free health care, to all citizens, but the quality of services was often poor. Other benefits, such as social insurance, were available only to employees in the formal sector.

Many persons throughout the country faced poor working conditions, especially in the informal economy, which employed up to 40 percent of workers, according to some estimates. Domestic workers, agricultural workers, workers in rock quarries, and other parts of the informal sector were most likely to be subjected to hazardous or exploitive conditions. There were reports of employer abuse of citizen and undocumented foreign workers, especially domestic workers. Little information was available on workplace fatalities and accidents.

Jordan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, but the government did not respect these rights. Authorities applied articles of the Counterterrorism Law, the Cybercrimes Law, and the penal code to arrest local journalists.

Freedom of Speech and Expression: The law permits punishment of up to three years’ imprisonment for insulting the king, slandering the government or foreign leaders, offending religious beliefs, or stirring sectarian strife and sedition. During the year the government restricted the ability of individuals to criticize the government by arresting a number of activists for political expression and for criticizing foreign governments. Authorities used laws against slander of public officials, blackmail, and libel to restrict public discussion, as well as employing official gag orders issued by the Media Commission.

On August 13, authorities arrested writer Nahed Hattar for posting an editorial cartoon on his Facebook page that included a personification of God. The prosecutor charged him with inciting sectarian strife and racism and insulting religion under the penal code. On September 8, authorities released him on bail. On September 25, a lone gunman shot and killed Hattar as he was entering the courthouse. Authorities detained the shooter. Hattar’s family stated that Hattar and his lawyer had requested additional protection, which the government did not provide. The same day authorities reportedly identified 10 social media users that they intended to refer to the prosecutor general for spreading hate speech related to the cartoon and the shooting.

On September 22, authorities detained social media personality Zain Karazon on charges of slander and libel. Karazon has a following of more than one million on social media platform Snapchat. Reasons for her arrest were unclear at year’s end. Some media sources speculated that a doctor or hospital sued her for criticizing a botched surgery, while other media sources suspected that someone had filed a suit related to a controversy involving a gay Lebanese online personality. On September 29, authorities released Karazon on bail. Charges were pending at year’s end.

In January the State Security Court found Ali al-Malkawi guilty of insulting the king and sentenced him to six months’ imprisonment. Since authorities had already detained al-Malkawi for six months, authorities sentenced him to time served and released him immediately after sentencing. Authorities had arrested al-Malkawi in July 2015 for a posting on his Facebook page criticizing Arab and Islamic inaction in protecting Burmese Muslims.

All public-opinion polls and survey research require authorization from the Bureau of Statistics, although the law was not enforced. NGOs stated that the measure could be enforced, even retroactively, and called for the government to rescind it.

Press and Media Freedoms: Independent print media existed, including several major daily newspapers, although such publications must obtain licenses from the state to operate. The independent print and broadcast media largely operated with limited restriction, and media observers reported government pressure, including the threat of large fines and prison sentences, to refrain from criticizing the royal family, discussing the Intelligence Directorate, using language deemed offensive to religion, or slandering government officials. The government influenced news reporting and commentary through political pressure on editors and control over important editorial positions in government-affiliated media. Journalists of government-affiliated and independent media reported that security officials attempted to influence reporting and place articles favorable to the government through bribes, threats, and political pressure.

The Audiovisual Law grants the head of the Media Commission the authority to close any unlicensed theater, satellite channel, or radio channel. The Media Commission cannot grant a new broadcasting license to a company unless all shares are Jordanian-owned. Additionally, those with licenses should not broadcast anything that would harm public order, social security, the economy, national security, or Jordan’s relations with a foreign country; incite hatred, terrorism, violent sedition; or mislead or deceive the public. There is a fine for broadcasting without a license. The cabinet, however, must justify the reasons for rejecting a license and allow the applicant to appeal the decision to the judiciary.

Authorities arrested or temporarily detained some journalists, and government officials or private individuals threatened some journalists.

On February 14, authorities arrested al-Ra’i journalist Zaid Murafai for publishing an article on a protest by judges and court employees regarding losses in their pension fund. The court charged Murafai with slander and defamation under the Cybercrimes Law, as well as reporting on a pending case. Authorities released Murafai on bail four days later; charges remained pending at year’s end.

The government has a majority of seats on the board for the leading semiofficial daily newspaper, al-Rai, and a share of board seats for ad-Dustour daily newspaper. According to press freedom advocates, the Intelligence Directorate’s Media Department must approve editors in chief of progovernment newspapers.

Media observers noted that, when covering controversial subjects, government-owned Jordan Television, Jordan News Agency, and Radio Jordan reported only the government’s position.

By law any book can be published and distributed freely. If, however, the Press and Publications Directorate deems passages religiously offensive or “insulting” to the king, it can request a court order to prohibit the distribution of the book.

Violence and Harassment: The government subjected journalists to harassment and intimidation.

In its 2015 semiannual report Media Freedom in the Arab World, the Center for Defending the Freedom of Journalists documented 15 incidents of serious violations against journalists in the country in 2015: 10 detentions, two cases of physical assault, two cases of humiliating treatment, and one injury.

The center documented 50 violations against 28 journalists covering the September 20 parliamentary elections. Violations included cases of poll workers obstructing journalists’ work, withholding information, and preventing photography. There was once case of deleting photographs from a camera.

On February 22, private television station Ro’ya News wrote that security officials beat and arrested one of their journalists who had been covering a protest in front of parliament.

Censorship or Content Restrictions: The government directly and indirectly censored the media. Journalists claimed that the government used informants in newsrooms and exercised influence over reporting and that Intelligence Directorate officials censored reporting. Editors reportedly received telephone calls from security officials instructing them how to cover events or to refrain from covering certain topics or events, especially criticism of political reform. Bribery of journalists took place and undermined independent reporting. On occasion, government officials provided texts for journalists to publish under their bylines. Journalists reported self-censorship due to the threat of detention and imprisonment for defamation for a variety of offenses and court-ordered compensation of as much as 150,000 Jordanian Dollars (JD) ($210,000). At times, editors in chief censored articles to prevent lawsuits. The government’s use of “soft containment” of journalists, including the withholding of financial support, scholarships for relatives, and special invitations, led to significant control of media content.

During the year the Media Commission issued several gag orders restricting discussion of certain topics in all forms of media, including social media. For example, the government issued gag orders restricting discussion of the court cases against Amjad Qourshah and Nahed Hattar, as well as the shooting of Nahed Hattar.

The annual report of the Center for Defending Freedom of Journalists noted that 93 percent of journalists surveyed in 2015 said they practiced self-censorship.

The government continued to enforce bans on the distribution of selected books for religious, moral, and political reasons. The Media Commission banned 41 books during the year for violating public norms and values (such as by including sexual content), disrespecting religion, or insulting the king.

Libel/Slander Laws: Government prosecutors relied on privately initiated libel, slander, and defamation lawsuits to suppress criticism. Dozens of journalists, as well as members of parliament, faced libel and slander accusations filed by private citizens.

On January 5, authorities charged comedian Omar Zorba with slander and defamation under the Cybercrimes Law for criticizing a song that aired on the official television station promoting the national census. The presenter who hosted the segment filed the suit. Charges remained pending at year’s end.

On May 17, authorities arrested and detained ad-Dustour journalist Anas Sweileh for publishing an article on an abandoned building used by unemployed youth for repeated threats of suicide. The owner of the building filed a complaint. The court charged Sweileh with slander, defamation, and libel. Authorities released Sweileh on bail the same day; charges remained pending at year’s end.

National Security: The government used laws protecting national security to restrict criticism of government policies and officials. The government also issued gag orders restricting discussion on all forms of media after a fatal shooting by a lone gunman at an Intelligence Directorate office in Balqa on June 6 and a suicide bombing against a northeast border installation on June 21.

INTERNET FREEDOM

There were government restrictions on access to the internet. The law requires the licensing and registration of online news websites, holds editors responsible for readers’ comments on their websites, requires that website owners provide the government with the personal data of its users, and mandates that editors in chief be members of the Jordan Press Association. The law gives authorities explicit power to block and censor websites. Authorities blocked a news website for one week in August for a licensing issue. The website published a statement saying that the block was under a false legal pretext, and that some governmental and regulatory bodies were critical of the website’s having published articles attacking the mufti and the media commission.

The registration fee for a news website is 1,400 JD ($1,960). The owner and editor in chief can be fined between 3,000 JD ($4,200) and 5,000 JD ($7,000), in addition to criminal penalties, for website content that “includes humiliation, defamation, or disparaging individuals in a manner that violates their personal freedoms or spreads false rumors about them.”

According to journalists, security forces reportedly demanded websites remove some posted articles. The government threatened websites and journalists that criticized the government, while it actively supported those that reported favorably on the government. The government monitored electronic correspondence and internet chat sites. Individuals believed they were unable to express their views fully or freely via the internet, including by personal e-mail.

According to UNESCO’s Media Development Indicators published in September 2015, internet penetration was 76 percent during the year, up from 38 percent in 2010.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government placed some limits on academic freedom. Some members of the academic community claimed there was a continuing intelligence presence in academic institutions, including monitoring academic conferences and lectures. The government monitored political meetings, speech on university campuses, and sermons in mosques and churches. Academics reported the Intelligence Directorate must clear all university professors before their appointment and that the university administration must approve all research papers, forums, reading materials, movies, or seminars, which in turn clears potentially controversial material through the Intelligence Directorate. Authorities edit commercial foreign films for sexual content before screening in commercial theaters.

On April 26, the government withdrew authorization for a planned concert by Mashrou’ Leila, a Lebanese alternative rock band. The Ministry of Tourism stated that the performance would have been at odds with the “authenticity” of the venue, a historic amphitheater. The band wrote that authorities unofficially told them that their political and religious beliefs were at odds with the country’s customs and traditions.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides for freedom of assembly, but the government limited this right. Security forces generally permitted demonstrations and provided security at announced demonstrations.

On February 21, security forces disrupted a demonstration in front of parliament organized by several political parties against the draft elections law. Two female members of parliament participating in the protest accused security forces of using excessive force. Authorities arrested and later released three protesters who refused to disperse and one journalist covering the event. Security officials stated that the protesters did not have approval for the demonstration.

On June 22, authorities used force to disperse an eight-week-long protest in the central town of Dhiban. Eighteen unemployed youths demanded government assistance in finding employment. Gendarmerie used tear gas to disperse the protesters and removed a tent the protesters had erected. In response, several protesters threw rocks, burned tires, fired in the air, and chanted slogans against the government. Authorities arrested more than 30 individuals for throwing stones at security forces but released the majority at dawn the next day. The government detained three individuals for attempted murder, resisting arrest, firing live ammunition in the air, and insulting the king. Authorities released two on bail on July 17 and the third on July 29. Charges were pending at year’s end.

Several local and international NGOs reported that hotels required them to present letters of approval from the governor prior to holding training, private meetings, or public conferences. The government denied authorization for several events. Without letters of approval from the government and security services, hotels cancelled the events and trainings. In some cases NGOs relocated the events and training to private offices. Authorities denied permission to the Jordanian Muslim Brotherhood association (which is not legally registered as an association or NGO by the government) and the Islamic Action Front (legally registered as a political party) to hold meetings and events on several occasions throughout the country.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, but the government limited this freedom. The law authorizes the Ministry of Social Development to reject applications to register an organization or to permit any organization to receive foreign funding for any reason. It prohibits the use of associations for the benefit of any political organization. The law also gives the ministry significant control over the internal management of associations, including the ability to dissolve associations, appoint new boards of directors, send government representatives to any board meeting, prevent associations from merging their operations, and appoint an auditor to examine an association’s finances for any reason. The law requires associations to inform the ministry of board meetings, submit all board decisions for approval, disclose members’ names, and obtain security clearances for board members from the Interior Ministry. The law includes penalties, including fines up to 10,000 JD ($14,000), for violations of the regulations. During 2015 the Ministry of Social Development introduced an application form for the approval process for associations that receive foreign funding. Associations criticized the procedure, which incorporated additional ministries into the decision process and removed the deadline for review of funding requests.

During the year NGOs reported that the government sometimes rejected requests for foreign funding, whereas such rejections were previously extremely rare. As of August 25, the ministry had received 250 applications for foreign funding. The government approved 170 applications, denied 10, and requested additional documentation for five applications. Sixty-five applications remained “under consideration.” NGO contacts reported that unexplained, months-long delays in the decision process increased significantly.

As of April the ministry registered 40 NGOs, dissolved 65, and warned 50. Authorities dissolved NGOs for violating the Associations Law.

Citizens widely suspected that the government infiltrated civil society organizations, political parties, and human rights organizations and their internal meetings.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, although there were some restrictions. The United Nations reported that the government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: The government placed some restrictions on the free internal movement of registered Syrian refugees and Syrian asylum seekers. From March 9 to June 21, the government admitted 21,300 vulnerable Syrian asylum seekers from the northeastern border where tens of thousands of Syrians had begun to gather along the Jordanian border. There were no reliable estimates as to what percentage of the population at the border were asylum seekers: UNHCR and the government agreed that the population included genuine asylum seekers, those wanting to remain in Syria but seeking safety from aerial bombardment, traffickers, smugglers, and armed actors. The government accommodated the admitted asylum seekers in a fenced-off section of Azraq camp pending additional security screening, as many had fled from Da’esh-controlled areas. Prior to June 21, authorities cleared approximately 5,000 persons and transferred them from the fenced-off section. Since June 21, after a suicide attack at a border crossing killed seven members of the Jordanian border guard force, approximately 16,000 refugees remained in the secured section of the camp, where they have restricted or limited access to health, education, psychosocial, and other services available in the rest of the camp. Authorities have cleared approximately 1,000 persons and transferred them since June 21. Authorities removed 201 from the camp and returned them to Syria. Similarly, since June 21, authorities have detained at Ruweishid transit center 380 Syrian asylum seekers who were in the process of transfer to Azraq camp when the suicide attack occurred and who continued to receive basic humanitarian assistance.

Authorities continued to subject Palestinian refugees from Syria held at Cyber City, a refugee camp in a closed government facility in Ramtha, to strict controls on their ability to leave the facility. Authorities allowed Palestinian residents of Cyber City to visit their relatives once per month, for two to three days at a time. Authorities made some exceptions for the sick and elderly to allow twice-monthly visits. Unlike Syrian refugees at Cyber City, Palestinian refugees were not entitled to the bailout system of a Jordanian guarantor. Authorities did not officially inform Palestinian refugees of the reasons for their restricted movement. On October 17, the government closed Cyber City and moved remaining residents to King Abdullah Park. Restrictions on movement of Palestinian refugees from Syria remained in place at King Abdullah Park.

Foreign Travel: Former prisoners and the 2015 NCHR report alleged authorities withheld passports and imposed travel bans against citizens.

PROTECTION OF REFUGEES

Access to Asylum: As of November 9, the government, in cooperation with UNHCR, reported more than 655,000 registered Syrian refugees, and hundreds of thousands of additional nonrefugee Syrians in the country. Additionally, UNHCR registered more than 70,000 other refugees or asylum seekers in the country.

The country’s laws do not provide for the granting of asylum or refugee status, and the government lacked a formal system of protecting refugees. Although it is not a signatory to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol, the government respected UNHCR’s eligibility determinations regarding asylum seekers, including those who entered the country illegally. A 1998 memorandum of understanding between the government and UNHCR, renewed in 2014, contains the definition of a refugee, confirms adherence to the principle of nonrefoulement, and allows recognized refugees a maximum stay of one year, during which period UNHCR must find a durable solution. The time limit is renewable, and, generally, the government did not force refugees to return to their country of origin. As of 2014 authorities required all Syrians in the country to obtain an official residency card from the Ministry of Interior. Among the requirements to obtain the new residency card, all Syrians over the age of 12 must obtain an individual health certificate, which costs five JD (seven dollars).

The government continued to limit the number of Syrians seeking asylum in the country, as well as the points of entry they may use. Generally, the government restricted entry of Syrians by air despite formal visa-free travel between the countries. Authorities did not allow Syrian asylum seekers, except severe medical cases, to enter along the more populated northwest border of the country. Instead, authorities allowed Syrian refugees seeking entry to cross only at one of the two informal borders crossings along the northeast desert border. The government limited the numbers of new arrivals on a daily basis between January and March. In March the government expedited the entry of 21,300 additional refugees at this informal border point between March and June but limited other refugees from crossing at these informal points. Since June 21, after a suicide attack at a border crossing killed seven Jordanian border guards, the government closed the border and declared the surrounding area a “closed military zone.” The government has restricted humanitarian access to the area. Based on Jordanian estimates, international organizations reported that between 70,000 and 100,000 Syrians camped at the northeast desert Jordan-Syria border throughout the year. Several international organizations, including UNHCR, publicly called on the government to grant entry to the asylum seekers, especially the sick, elderly, children, and pregnant women, many of whom had waited in the border area for months in substandard shelters, with limited food and water, and most without medical care. From August 2 to 4, the government allowed international organizations to deliver a one-month food ration across the border and to continue to deliver water daily. Other refugees, including many Iraqis and Yemenis, faced questioning at formal entry points, and authorities refused entry to many of them. The government’s 2013 announcement that it would not allow entry into Jordan of Palestinian refugees from Syria remained in effect throughout the year.

Refoulement: The government forcibly returned Syrian refugees and Palestinian refugees from Syria, including women, children, war-injured, and persons with disabilities to Syria. International organizations reported that the government carried out a preliminary screening of refugees waiting at the northeastern border and prevented some Syrians seeking refuge from entering the country. International organizations also reported that the government forcibly returned to Syria some refugees residing in Azraq camp and Ruwaished transit center after authorities had admitted them for additional screening via the informal border crossings in the northeast.

The government also returned to Syria some Syrian refugees found working illegally, living in informal tented settlements, or not presenting refugee documentation when moving internally, while forcing others to return to formal refugee camps. Authorities most often sent those subjected to refoulement to Dara’a Province, where many had no support network or way to return across battle lines to their homes, which were often within regime- or Da’esh-controlled areas.

Through September, the UNRWA was aware of 24 cases of refoulement of Palestinian refugees from Syria. The vulnerability of Palestinian refugees from Syria to deportation increased their risk of other abuses. For those who entered the country irregularly (without required documentation, or using Syrian identity documents), refoulement was a constant risk, and access to basic civil services–including renewal of identity documents, the registration of marriages, deaths, and births–was highly complex. The UNRWA reported that such activities could result in forced return to Syria, as well as detention and denaturalization.

Employment: In February the government announced it would allow Syrian refugees access to the formal labor market and committed to providing 50,000 opportunities for Syrians during the year. The Ministry of Labor issued nearly 32,000 work permits to Syrians between February and November. The government took several steps to expand and facilitate work permit issuance, including waiving fees and offering extended amnesties for those working illegally to regularize status. The government also revised work permit practices to allow Syrian workers in the agricultural sector to switch employers under the supervision of agricultural cooperatives, rather than requiring new work permits for each job transfer.

There have been some delays in implementing the new procedures at Ministry of Labor offices in governorates outside Amman, uncertainty among the refugee population on how to apply for the work permits, or whether they would lose eligibility to UNHCR assistance if they entered the legal workplace. Tens of thousands of Syrian refugees continued to work in the informal economy. A government-commissioned study report on migrant workers published in July estimated that 26 percent of Syrian refugees are economically active in the Jordan labor market. Very few non-Syrian refugees had access to the formal labor market and because of the difficulties and expenses involved in seeking work authorization, many worked in the unofficial labor market. Through September 18, the Ministry of Labor reported apprehending nearly 13,000 illegal foreign workers, 3,000 of whom were Syrians. There were reports of administrative detentions and deportations of Syrian refugees for working without authorization, as well as reports of Syrian refugees forcibly moved from their areas of employment into one of the refugee camps for working without authorization.

Longstanding Palestinian refugees with Jordanian identity documents were well integrated into the Jordanian workforce. This was not the case, however, for the approximately 158,000 Palestinian refugees originally from Gaza, who were not eligible for Jordanian citizenship and were unable to work legally or access public services. Additionally, according to UNRWA, authorities deprived Palestinian refugees from Syria, the majority of whom were without Jordanian documents, of the opportunity to work.

Access to Basic Services: The government generally transported Syrian refugees who arrived at informal border crossings and whom authorities admitted to the country to Raba’a Sarhan reception center. Most were registered with the government; received food, water, and medical attention from UNHCR and the ICRC; and were transported by the International Organization for Migration to a refugee camp. Since 2014, authorities have limited entry to Syrians seeking access to asylum along the northeastern border. Although numbers fluctuated, international organizations reported, based on Jordanian estimates, that 70,000 to 100,000 Syrians camped at the northeast desert Jordan-Syria border throughout the year. An undetermined number were inside the country beyond an earthen berm in harsh desert conditions, and tens of thousands resided on the Syrian side of the border. Prior to the border closure on June 21, these Syrians had adequate food and water provided by international organizations but health and hygiene conditions were inadequate as was access to medical aid and shelter. After the border closure on June 21, humanitarian organizations did not have access to the population. Water deliveries continued, but organizations only made one delivery of a 30-day supply of food on August 2 to 4. Authorities did not permit the stranded population to enter Jordan or register as refugees. Authorities permitted some international organizations to visit or assess the situation of these refugees, although not regularly, and very rarely after June 21.

The government excluded Palestinian refugees from Gaza who entered the country following the 1967 war from services otherwise available to Palestinian refugees, such as access to public assistance or public medical services. They were eligible to receive UNRWA services.

As of August 31, 16,661 Palestinian refugees from Syria had recorded their presence in country with the UNRWA.

The government allowed Syrian and other UNHCR-registered refugees to access public health and education facilities. Since 2014, authorities have charged Syrian refugees for health care at the same rates as uninsured Jordanians, who pay a nominal fee for most basic health services. Iraqi and other refugees must pay the foreigner’s rate for health care. The government continued to provide free primary and secondary education to Syrian refugee children, and the minister of education announced that all school-age Syrian refugees should have access to education by the end of the year. Non-Syrian refugees must pay to attend government schools. Public schools, particularly in the north of the country, were overcrowded and operated on a double-shift schedule to accommodate the high number of students. The government doubled the number of double-shift schools to allow an additional 50,000 Syrian refugee students access to formal education on top of the 145,000 enrolled last year. For those not eligible to access formal education, because they have been out of school for three years or more, the Ministry of Education is developing a catch-up program to reach another 25,000 students between the ages of nine and 12. As of November preliminary Ministry of Education enrollment data indicated authorities had enrolled 165,000 Syrian refugees in schools whereas authorities registered approximately 1,200 Syrian schoolchildren for the catch-up classes. Children over the age of 12 who are not eligible to enroll in formal education could participate in a Ministry of Education-run nonformal education dropout program. These three initiatives extend educational opportunities to nearly all school-aged Syrian refugees. Refugees had equal access to justice regardless of their legal status, but did not always exercise this right.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. As of November 9, there were 655,716 Syrian refugees, registered by the government and UNHCR. As of November there were 60,067 Iraqi refugees and asylum seekers registered with UNHCR. The government tolerated the prolonged stay of many Iraqis and other refugees beyond the expiration of the visit permits under which they had entered the country. As of November 9, there were 5,096 Yemenis, 3,222 Sudanese, 775 Somalis, and 1,375 other populations registered with UNHCR and resident in Jordan.

STATELESS PERSONS

Only the father can transmit citizenship. Women do not have the legal right to transmit citizenship to their children. Children of female citizens married to noncitizen husbands receive the nationality of the father and lose the right to attend public school or seek other government services if they do not hold legal residency, for which they must apply every year, and authorities do not assure continued residency. In guidelines announced by the government in 2014, if children of Jordanian mothers and noncitizen fathers apply and meet certain criteria, they may gain access to certain services enjoyed by citizens, including access to free primary and secondary education and subsidized health care; the ability to own property, invest, obtain a Jordanian driver’s license; and have employment priority over other foreigners. The minister of interior stated that this ruling affected 88,983 families, including 355,932 children, in which the father lacked Jordanian citizenship. An estimated 55,000 of these fathers were of Palestinian origin. To access these services, children must obtain a special identification card through the Civil Status Bureau. To qualify, applicants must prove the maternal relationship, that the Jordanian mother has been resident in Jordan for five years, and that the children currently reside in Jordan. In April the Civil Status Bureau began issuing identification cards to replace the initial certificates. By law the cabinet may approve citizenship for children of Jordanian mothers and foreign fathers, but this mechanism was not widely known, and approval rarely occurred.

Women may not petition for citizenship for noncitizen husbands, who may apply for citizenship only after fulfilling a requirement of 15 years’ continuous residency. Once a husband has obtained citizenship, he may apply to transmit citizenship to his children. Such an application could take years, and the government could deny the application. Activists did not identify any obstacles standing in the way of naturalization for men who fulfilled this residency requirement.

Syrian refugees were sometimes unable to obtain birth certificates for children born in the country if they could not present an official marriage certificate or other nationality documents, which were sometimes lost or destroyed when they fled, or government authorities confiscated them when the refugees entered the country. Refugee households headed by women faced difficulty in certifying nationality of offspring in absence of the father, which increased the risk of statelessness among this population. Authorities established civil registry departments and sharia courts in the Za’atri and Azraq camps to help refugees register births.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, provides for the right to form and join free trade unions and conduct legal strikes, but with significant restrictions. There is no right to collective bargaining, although the labor code provides for collective agreements. The law identifies specific groups of public- and private-sector workers who may organize and defines 17 industries and professions in which trade unions may be established. The establishment of new unions requires approval from the Ministry of Labor and at least 50 founding members. The law requires that these 17 trade unions belong to the government-subsidized General Federation of Jordanian Trade Unions, the country’s sole trade union federation. The law authorizes additional professions on a case-by-case basis to form professional associations. Authorities do not permit civil servants to form or join unions, and they cannot engage in collective bargaining. The constitution prohibits antiunion discrimination, and the law protects workers from employer retaliation due to union affiliation or activities. The law does not explicitly provide a worker fired due to antiunion views with the right to reinstatement.

Regulations refer conflicts during negotiations first to a mediator appointed by the Ministry of Labor. If the case is unresolved, it moves to the minister of labor and then to a mediation council composed of an employee representative, a labor representative, and a chair appointed by the minister of labor. The minister refers conflicts not settled by the council to a labor court with a panel of ministry-appointed judges. There are limits on the right to strike, including a requirement to provide a minimum of 14 days’ notice to the employer. The law prohibits strikes if a labor dispute is under mediation or arbitration.

The law allows foreign workers to join unions, but it does not permit them to create unions, head a union, or hold union office. In at least one sector, elections for the union board may have excluded some migrant workers from voting for their leaders because it was unclear whether they could vote for offices they could not hold. It remained unclear whether the law permits domestic and agricultural workers to create or join unions or whether the labor code grants them other protections. Labor court judges were divided over whether the entire labor code applied to domestic workers or whether only a specific regulation for domestic workers, cooks, gardeners, and similar workers applied. The government did not fully enforce applicable laws with effective remedies, and penalties were insufficient to deter violations.

The government did not fully respect freedom of association and the right to collective bargaining. Many worker organizations were not independent of the government, and government influence on union policies and activities continued.

The government subsidized and audited salaries and activities of the General Federation of Jordanian Trade Unions and monitored union elections. The government denied recognition to independent unions organized outside the structure of the government-approved federation. The government did not meet with these unions, and the lack of legal recognition often hampered their ability to collect dues, obtain meeting space, and otherwise address members’ workplace concerns. The General Federation of Jordanian Trade Unions also reported trouble getting government recognition for trade unions in new sectors beyond the 17 established in law.

As of September 18, the Ministry of Labor reported 35 strikes and labor protests. There were no reports of threats of violence against union heads, although labor activists alleged that the security services pressured union leaders to refrain from activism that challenged government interests. Strikes generally occurred without advance notice or registration.

Labor organizations reported that management representatives used threats to intimidate striking workers. Labor organizations and industry representatives reported that workers also sometimes used threats and physical violence to retaliate against management officials or to coerce colleagues into participating in labor actions.

Foreign workers in the garment, construction, services, and agricultural sectors, whose residency permits are tied to work contracts, were vulnerable to retaliation by employers for participating in strikes and sit-ins. Participation in a legally unrecognized strike counted as an unexcused absence for the purpose of this law. The law allows employers to consider employment contracts void if a worker is absent more than 10 consecutive days, as long as the employer provides written notice. The Ministry of Labor sometimes prevented management from arbitrarily dismissing foreign workers engaged in labor or other activism, but its enforcement was inconsistent. Observers reported management’s common practice of refusing to renew foreign workers’ contracts due to “troublemaking” or attempting to organize in the workplace.

As of November 21, the Ministry of Labor received 3,176 labor complaints and settled 241 during the year.

While the Ministry of Labor received no complaints of antiunion discrimination during the year, observers noted that the labor code did not explicitly protect nonunionized workers from retaliation. This was particularly the case for foreign workers in all sectors as well as citizens working in the public sector on short-term contracts (day laborers).

Labor NGOs working to promote the rights of workers generally focused on promoting the rights of migrant workers. NGOs did not face additional or different government restrictions than those discussed in section 2.b.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor except in a state of emergency, such as war or natural disaster. The government made substantial efforts to enforce the law through inspections and other means. Labor activists noted that law enforcement and judicial officials did not consistently identify victims or open criminal investigations.

Police investigated and referred 28 cases of forced labor involving 54 potential victims to the prosecutor general as trafficking cases in 2015. In 2015 the Joint Anti-Trafficking Unit of the Public Security Directorate investigated 178 cases of nonpayment of wages, withholding of passports, breaches of contracts, inappropriate work conditions, and prolonged hours without overtime pay. Police referred 124 potential victims of forced labor to shelter services. In 2015 the Ministry of Justice recorded 13 convictions under the trafficking in persons law.

In the garment sector, the government inspected factories and investigated allegations of forced labor. According to NGOs reports of withholding passports continued to decline during the year, particularly those of workers in the garment sector. Forced labor or conditions indicative of forced labor occurred, particularly among migrant workers in the domestic work and agricultural sectors. Activists highlighted the vulnerability of agricultural workers due to minimal government oversight. Activists also identified domestic workers as particularly vulnerable to exploitation due to inadequate government oversight, social norms that excused forced labor, and workers’ isolation within individual homes. Labor inspectors did not regularly investigate reports of labor or other abuses of domestic workers in private homes, and inspectors could not enter a private residence without the owner’s permission except with a court order. NGOs and foreign embassy representatives reported the Joint Anti-Trafficking Unit preferred to settle potential cases of domestic servitude through mediation, rather than referring them for criminal prosecution.

The government continued its cooperation with foreign embassies to waive overstay fees for migrant domestic workers who wish to repatriate after a two-year stay in the country. The government also has a liaison officer permanently based at the international airport to facilitate voluntary repatriation of trafficking victims.

Government bylaws require recruitment agencies for migrant domestic workers to provide health insurance, workplace accident insurance, and insurance that reimburses the recruitment fees to employers when a worker leaves before fulfilling her contract. If the employer fails to pay the worker’s salary or return the worker’s passport, then the employer would not be entitled to the insurance payment. The bylaws give the Ministry of Labor the authority publicly to classify recruitment agencies based on compliance, and to close and withdraw the license of poorly ranked agencies. Under the bylaws the ministry closed seven recruitment agencies and temporarily suspended 18 agencies as of September; most had been the subject of repeated complaints.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law forbids employment of children younger than 16 years of age, except as apprentices in nonhazardous positions. The law bans those between the ages of 16 and 18 from working in potentially hazardous jobs, limits working hours for such children to six hours per day, mandates one-hour breaks for every four consecutive working hours, and prohibits work after 8 p.m. on national or religious holidays and on weekends.

There were instances of child labor, and many local and international organizations reported it was on the rise, particularly among the Syrian refugee community. Children worked in wholesale, retail, manufacturing, mechanical repair, agriculture, construction, quarrying, tour-guiding, and the hotel and restaurant industry. They also worked as street vendors, carpenters, blacksmiths, domestic workers, and painters, as well as in small family businesses. The Ministry of Labor reported that children faced occupation-specific hazards in employment that involved mechanical work and welding, where they often lacked the training and protective equipment to perform work safely. The Center for Strategic Studies at the University of Jordan, in collaboration with the International Labor Organization, the Labor Ministry, and the Department of Statistics, published the summary report of a national child labor survey in August. The survey showed that an estimated 76,000 children between the ages of five and 17 were working in the country, and that 44,000 of them were working in dangerous jobs. Approximately 1.9 percent of the four million children of all nationalities residing in the country were employed.

The Labor Ministry’s three-person Child Labor Unit was responsible for coordinating government action regarding child labor and, with the department’s labor inspectors, was responsible for enforcing all aspects of the labor code, including child labor. Through September 18, the ministry reported that labor inspectors found 1,271 child laborers (955 Jordanians and 316 Syrians), and issued 671 warnings and 1,007 violations. Authorities referred violators to an administrative labor court; the Ministry of Justice had no information on any child labor cases referred to criminal courts. The law provides that employers who hired a child younger than age 16 pay a fine of as much as 500 JD ($700), which doubles for repeat offenses.

Labor inspectors reportedly attempted alternative approaches before issuing official warnings and violations, such as issuing advice and guidance, ensuring safe work conditions, and cooperating with employers to permit working children to attend school concurrently.

The government’s capacity to implement and enforce child labor laws was not sufficient to deter violations. The government lacked capacity to monitor children working in the informal work sector such as children working in family businesses and the agricultural sector.

The Ministries of Labor, Education, and Social Development collaborated with NGOs aiming to withdraw children from the worst forms of labor.

According to a report by UNICEF and Save the Children, close to one-half of all Syrian refugee children in Jordan were the joint or sole family breadwinners with most of them involved in armed conflict, sexual exploitation, and illicit activities, including organized begging and child trafficking. Syrian refugee children worked in the informal sector without legal work permits. Syrian refugee children sold goods in the streets in many parts of the country and begged in urban areas.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws do not prohibit discrimination with respect to employment and occupation on the basis of race, sex, gender, disability, language, political opinion, national origin or citizenship, age, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status.

Discrimination in employment and occupation occurred with respect to gender, disability, national origin, and sexual orientation (see section 6).

Union officials reported that sectors employing predominantly women, such as secretarial work, offered wages below the official minimum wage of 190 JD ($266) per month. On August 24, news outlets published a report that the Social Security Corporation had identified 1,500 women doing secretarial work earning under the minimum wage. Many women said traditional social pressures discouraged them from pursuing professional careers, especially after marriage. According to the Jordanian National Commission for Women, one-half of the country’s university graduates were women, but women comprised only 13 percent of the labor force.

Persons with disabilities faced discrimination in employment and access to the workplace. Migrant workers, faced discrimination in wages, housing, and working conditions (see section 7.e.).

e. Acceptable Conditions of Work

In 2012 the government raised the national minimum wage to 190 JD ($266) per month, and the poverty level was set at 366 JD ($512) per month for a family of five. According to the World Bank, nearly one-third of Jordanians were living below the poverty line at some point throughout the year. The minimum wage increase excluded noncitizens and all workers in the garment industry. Citizen workers in the garment industry received a minimum wage of 190 JD ($266) per month; noncitizen workers in the garment industry received a minimum wage of 110 JD ($154) per month, although many had base wages slightly above the minimum wage. Authorities granted this exemption in part because employers often provided room and board for noncitizen workers in this sector. Some garment factories continued to deduct room and board from foreign workers’ already lower salaries.

The law sets a standard workweek of 48 hours and requires overtime pay for hours worked in excess of that standard. The law provides for 14 days of paid annual leave per year, which increases to 21 days after five years of service. Workers also received additional national and religious holidays designated by the government. Employees are entitled to one day off per week. The law permits compulsory overtime under certain circumstances such as conducting an annual inventory, closing accounts, preparing to sell goods at discounted prices, avoiding loss to goods that would otherwise be exposed to damage, and receiving special deliveries. In such cases actual working hours may not exceed 10 hours per day, the employee must be paid overtime, and the period may not last more than 30 days. There is no cap on the amount of consensual overtime.

The government set occupational health and safety standards. Employers are required to abide by all such standards set by the Ministry of Labor. The law requires employers to protect workers from hazards caused by the nature of the job or its tools, provide any necessary protective equipment, train workers on hazards and prevention measures, provide first aid as necessitated by the job, and protect employees from explosions or fires by storing flammable materials appropriately.

The Ministry of Labor is responsible for enforcement of labor laws and acceptable conditions of work. Ministry inspectors enforced the labor code but were unable to assure full compliance; there were 215 inspectors for the entire country, an insufficient number to enforce the labor code effectively. Employees may lodge complaints regarding violations of the labor code directly with the Ministry of Labor or through organizations such as their union or the NCHR. The ministry opened an investigation for each complaint.

Labor standards apply to the informal sector, but the Labor Ministry lacked the capacity to detect and monitor workplace violations. Authorities did not consistently apply all the protections of the labor code to domestic and agricultural workers, because their applicability was not clear. Labor contacts stated that agricultural and domestic workers, cooks, and gardeners were not entitled to social benefits from the Social Security Corporation.

The government took action to prevent violations and improve working conditions. As of September 18, the 215 labor inspectors conducted 60,617 inspections and issued 5,415 warnings and 4,621 violations nationwide. Labor inspectors warned 1,064 workplaces of closure and closed 516 for lack of compliance. The Labor Ministry placed a special focus on enforcing compliance in the Qualifying Industrial Zones, which largely employed migrant garment workers. The ratio of labor inspectors to workers or places of employment was significantly higher in these zones than for the general population. The government required export garment manufacturers to participate in the Better Work Jordan program to improve labor standards. As of September, 73 factories required by the government to join Better Work Jordan were active members of the program; four factories had yet to submit their registration.

Wage, overtime, safety, and other standards often were not upheld in several sectors, including construction, mechanic shops, day labor, and the garment industry. Some foreign workers faced hazardous and exploitative working conditions in a variety of sectors. Authorities did not effectively protect employees who attempted to remove themselves from situations that endangered their health and safety. Union leaders and the media reported that female citizen workers were more likely to encounter labor violations; including wages below the minimum wage and harassment in the workplace. According to Labor Ministry statistics, the gender gap in wages in the private sector was 41 percent, and 28 percent in the public sector.

Because there was no limit on consensual overtime, the Labor Ministry permitted employees in some industries, such as the garment sector, to work excessive workweeks, reportedly as much as 80 to 100 hours per week.

In the garment sector, foreign workers were more susceptible than their citizen counterparts to dangerous or unfair conditions, including mandatory overtime, delayed payment of wages, deductions for room and board, and unacceptable dormitory conditions. As of September the Labor Ministry closed 418 workplaces for recruiting foreign workers without work permits. Better Work Jordan found that compliance regarding coercion improved. Indebtedness of migrant garment workers to third parties and involuntary or excessive overtime persisted.

Employers subjected some workers in the agricultural sector, the vast majority of whom were Egyptians, to exploitative conditions. According to a domestic NGO, agricultural workers usually received less than the minimum wage, worked excessive hours without adequate compensation, and lived in substandard housing. Some employers in the agricultural sector also reportedly confiscated passports. Egyptian migrant workers were also vulnerable to exploitation in the construction industry; employers usually paid them less than the minimum wage, and they lacked basic training and equipment necessary to uphold occupational health and safety standards.

Domestic workers, overwhelmingly migrants, often faced unacceptable working conditions. Many domestic workers reported to local NGOs and their embassies that they received insufficient food, no private accommodations, no health care, no days off, and long delays in or nonpayment of wages. While domestic workers could file complaints in person with the Labor Ministry Domestic Workers Directorate or the PSD, many domestic workers complained there was no follow-up on their cases either from the ministry or from the PSD. Callers to a domestic-worker hotline of the Labor Ministry reported that live operators were available only during government business hours, or seven hours a day during the workweek. After-hours calls required the caller to leave a message and a callback number, which posed particular difficulties for domestic workers who had access only to their employers’ telephones. Advocates for migrant workers reported that hotline instructions in Arabic were difficult for noncitizens to understand and that some key languages were still missing from the hotline translation service.

In August 2015 the prosecutor general charged a Jordanian woman in Irbid with premeditated murder after she allegedly beat an Indonesian domestic worker in her employ to death. The victim died in October 2015, and the forensic report showed that the worker died due to brain hemorrhage. The case was pending at year’s end.

Advocates for migrant domestic workers reported that domestic workers who sought government assistance or made allegations against their employers frequently faced counterclaims of criminal behavior from their employers. Employers could file criminal complaints or flight notifications against domestic workers with police stations. Even when domestic workers benefited from initiatives such as the general amnesty that waived immigration overstay fines, such alerts on file with police could prevent them from leaving the country.

During the year dozens of domestic workers from the Philippines, Indonesia, and Sri Lanka sought shelter at their countries’ embassies in Amman. The government-run shelter for victims of trafficking assisted 47 women victims of trafficking through September 30, including workers from Bangladesh and the Philippines. Most of the domestic workers reportedly fled conditions indicative of forced labor or abuse, including unpaid wages and, to a lesser extent, sexual or physical abuse. By law employers are responsible for renewing foreign employees’ residency permits but often failed to do so for domestic employees. As a result authorities considered most of the domestic workers sheltered by embassies illegal residents, and many were stranded because they were unable to pay the daily overstay fees of 1.50 JD ($2.10) to depart the country. The government continued its cooperation with foreign embassies to waive overstay fees for migrant domestic workers who wished to repatriate after a two-year stay in the country, a policy that has been in place since 2013 and greatly reduced the number of domestic workers stranded at their embassies’ shelters.

As a result of poor working conditions experienced by some of its citizens, Indonesia prohibited its citizens from traveling to Jordan as domestic workers. Some human rights organizations argued that these bans heightened the vulnerability of foreign domestic workers who turned to unscrupulous recruitment agencies to migrate illegally to the country.

Morocco

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law generally provide for freedom of speech and press, although they criminalize and restrict some freedom of expression in the press and social media–specifically criticism of Islam, the institution of the monarchy, and the government’s official position regarding territorial integrity and claim to Western Sahara. Such criticism can result in prosecution under the penal code, with punishments ranging from fines to jail time, despite the freedom of expression provided for in the new press code passed in July. There have been no reports of prosecution, however, since the passage of the new press code.

Government-provided figures for the year showed that six journalists or media outlets faced charges for breaches of the national press code, and no journalists are facing charges under the penal code. Seven other journalists or media outlets are facing charges under laws other than the press or penal code. Of the 13 current cases, one was initiated by the government, with the remainder initiated by private citizens, including libel complaints. International and domestic human rights groups criticized criminal prosecutions of journalists and publishers as well as of libel suits, claiming that the government principally used these laws to restrict independent human rights groups and the press and social media.

Freedom of Speech and Expression: The law criminalizes the criticism of Islam, the institution of the monarchy, state institutions, officials such as those in the military, and the government’s official position regarding territorial integrity and claim to Western Sahara, and the government actively prosecuted persons who did so.

On January 21, authorities charged journalist and human rights activist, Ali Anouzla, with “undermining national territorial integrity” as a result of comments he made in November 2015 to a German newspaper, which quoted him referring to the “occupied territories” of Western Sahara. Anouzla maintained that he referred to the territory only as “Sahara” and that the paper misquoted him. Several weeks later the paper corrected its translation to use only “Sahara.” Subsequently, on May 24, the authorities dropped these charges against Anouzla. At year’s end, however, there was no information to confirm charges had been dropped against Anouzla for “supporting,” “inciting,” and “advocating” terrorism in relation to a 2013 article that linked to a video critical of the king. Trial dates in previous years on these charges were repeatedly postponed.

Press and Media Freedoms: In July parliament passed a new press code that limits punishments for journalistic infractions to fines. The antiterrorism law and the penal code, however, include provisions that permit the government to jail and impose financial penalties on journalists and publishers who violate restrictions related to defamation, libel, and insults. Authorities may impose prison sentences on those convicted of libel. Consequently, self-censorship remained prevalent. Authorities filed charges of libel and other violations of the criminal code against specific journalists, with prosecution of these charges indefinitely delayed.

The government also enforced strict procedures governing NGO representatives and political activists meeting with journalists. Foreign journalists needed, but did not always receive, approval from the Ministry of Communication before meeting with political activists.

In 2015 officials targeted members of the Moroccan Association for Investigative Journalism (AMJI). Authorities detained and questioned several members, including Hicham Mansouri, Maati Monjib, and Hisham Almiraat. On October 26, the trial of the seven AMJI members was postponed to January 2017. At year’s end, the individuals remained at liberty but still under investigation although not yet charged.

On June 20, the court of first instance in Casablanca sentenced Hamid El Mahdaoui, editor of a news website, to a four-month suspended prison sentence and 10,000 dirham ($1,000) fine for defamation over a report on the minister of justice’s travel expenses.

Violence and Harassment: Authorities subjected some journalists to harassment and intimidation, including attempts to discredit them through harmful rumors about their personal lives. Journalists reported that selective prosecutions served as a mechanism for intimidation.

Censorship or Content Restrictions: Self-censorship and government restrictions on sensitive topics remained serious hurdles to the development of a free, independent, and investigative press. While the government rarely censored the domestic press, it exerted pressure by pursuing legal cases that resulted in heavy fines and suspended publication. Such cases encouraged editors and journalists to self-censor. A Freedom House report this year noted that there is an “atmosphere of fear among journalists” that has led to increased self-censorship. The press code lists threats to public order as one of the criteria for censorship. Publications and broadcast media must also obtain government accreditation. The government may deny and revoke accreditation as well as suspend or confiscate publications. The government claimed that it did not censure, suspend, revoke, or confiscate any registered print, online, television, or radio media outlets from January 2015 to September.

On April 3, a foreign television crew was arrested while filming a report for French station “Canal+” on homosexual activity in the country. Authorities expelled the journalists for working without authorization; the journalists stated that they did not ask for authorization because the subject of their reporting was too sensitive and would not have been approved.

Libel/Slander Laws: Authorities filed charges of libel and other violations of the criminal code against journalists. The new press code includes provisions that permit the government to impose financial penalties on journalists and publishers who violate restrictions related to defamation, libel, and insults. Government statistics indicated 47 cases of defamation, libel, or blasphemy during the year. A court may impose a prison sentence if an individual is unable or unwilling to pay the fine.

National Security: The antiterrorism law provides for the arrest of journalists and filtering websites deemed to “disrupt public order by intimidation, terror, or violence”; however, there were no examples of authorities’ use of this provision of the law during the year.

Actions to Expand Press Freedom: In February and July, parliament approved a new press code that provides for freedom of the press and electronic media. The new press code, updated from the 2003 version, replaces prison sentences with fines for violations and provides legal protection for the confidentiality of sources. The press code, however, does not prevent journalists from being charged under the penal code or criminal law if their reporting criticizes Islam, the institution of the monarchy, or the government’s official position regarding territorial integrity and claim to Western Sahara.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet, but it did apply laws governing and restricting public speech and the press to the internet. The new press code stipulates that online journalism is equivalent to print journalism. According to Freedom House’s current Freedom on the Net report, the government did not block or filter any websites during the year, although laws on combatting terrorism permit filtering websites.

In January the government announced the blockage of voice over internet protocol technology, such as Skype, FaceTime, and Google Voice; however, the government did not block the associated messaging capabilities and the voice services remained available via VPNs. The government indicated that it blocked the services because they did not have proper operating licenses for the country. There was widespread belief among the public and domestic NGOs that blocking these services was not an attempt to limit freedom of speech, but in response to complaints from telecommunications companies that the services were reducing their profits. Shortly following the publication of a Brookings report, citing economic losses of $320 million due to the ban, the government dismissed the head of the National Telecommunications Regulatory Agency, and the ban was lifted in November.

According to a 2015 World Bank estimate, 57 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

By law the government has the right to criminalize presentations or debate questioning the legitimacy of Islam, the monarchy, state institutions, or the status of Western Sahara. The law restricts cultural events and academic activities, although the government generally provided more latitude to political and religious activism confined to university campuses. The Ministry of Interior approved appointments of university rectors.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

Legally, groups of more than three persons require authorization from the Ministry of Interior to assemble publicly. Some NGOs complained that authorities did not apply the approval process consistently and have claimed that the government used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. In the absence of authorization, authorities disbanded meetings organized by groups ranging from reformers to student teachers, sometimes with excessive force.

According to HRW’s, World Report 2016, police allowed many protests demanding political reform and protesting government actions, but on some occasions, they dispersed protestors or prevented demonstrations from occurring.

On January 7, police responded violently to teacher trainees demonstrating peacefully in Inezgane and other cities against new decrees to reduce their stipends and access to employment. According to witnesses police used rubber batons and shields to beat protesters without prior warning to protesters to disperse. Over 150 protesters were injured, including 100 in Inezgane, some with fractures and injuries to the face and head, according to AMDH.

In February, as a result of public outcry against police actions in the January student-teacher protests, the Ministry of Interior launched a training program on nonviolent dispersal of demonstrations and management of peaceful protests in response to complaints about police brutality. Although protests by student teachers continued sporadically into September, police intervention was infrequent after January.

Authorities authorized small public protests on politically sensitive subjects occasionally during the year. For example, in June the Ministry of Interior granted permission for a group of atheist and non-Muslim citizens to protest in front of parliament against an article in the penal code relating to fasting during the Muslim holy month of Ramadan. The protest proceeded and was not dispersed.

A number of civil society contacts reported instances when private event spaces abruptly cancelled bookings, citing official pressure not to allow “controversial” activities on their premises.

FREEDOM OF ASSOCIATION

The constitution and the law provide for freedom of association, although the government sometimes restricted this freedom. The government prohibited or failed to recognize some political opposition groups by deeming them unqualified for NGO status. The government denied official recognition to NGOs that it considered advocates against Islam as the state religion, the monarchy, or territorial integrity.

Authorities obstructed the registration of a number of associations perceived to be critical of the authorities by refusing to accept registration applications or to deliver receipts confirming the lodging of applications.

In June the Spanish NGO International Institute for Non-Violent Action (NOVACT) decided to close its office after the government denied entry to two members of its staff. In May 2015 the government expelled a representative of NOVACT. NOVACT had operated in the country since 2012 (see section 5).

In September 2015 the government requested that HRW suspend its activities in the country. The suspension remained in effect at year’s end.

In June 2015 authorities detained and expelled AI research staff. AI engaged in a dialogue with the authorities to resolve obstacles to access; however, some restrictions remained on research as of the end of October.

The Ministry of the Interior required NGOs to register in order to be recognized as a legal entity, but there was no comprehensive national register publicly available. A prospective organization must submit its objectives, bylaws, address, and photocopies of members’ identification cards to the ministry. The ministry issues a receipt to the organization that signifies formal approval. If the organization does not receive a receipt within 60 days, it is not formally registered. Unregistered organizations could not access government funds or legally accept contributions.

Several organizations the government chose not to recognize functioned without the receipts, and the government tolerated their activities. The National Federation of Amazigh Associations, an organization supporting the inclusion of the Amazigh population in public life, reported that two Amazigh organizations were denied registration this year. Despite a December 2015 court ruling that the Ministry of Interior had acted inappropriately in refusing to receive a petition by the Moroccan AMDH to renew their permit to operate a local branch in Temara, the organization continued to report difficulties in renewing registrations in multiple locations in the country even after court decisions in their favor.

On November 7, authorities informed historian Maati Monjib that the administrative court in Rabat ruled that the Ministry of Interior had acted inappropriately in refusing to register his NGO Freedom Now. The court ordered the ministry to pay a fine and grant Freedom Now’s registration request.

Authorities continued to monitor Justice and Charity Organization activities.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

Abuse of Migrants, Refugees, and Stateless Persons: Refugees and asylum seekers, as well as migrants, were particularly vulnerable to abuse; however, in contrast to previous years, following the 2014 migrant regularization program, there were fewer reports of mass arrests and brutalization by security forces of sub-Saharan migrants and of abuse by criminal gangs involved in human trafficking. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other cities in the country (see section 1.d.).

In-country Movement: The law provides for freedom of internal movement. Authorities generally respected this right.

Exile: While the law provides for forced exile, there were no instances of forced exile during the year.

Emigration and Repatriation: The government encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s authority over Western Sahara. The government continued to make travel documents available to Sahrawis, and there were no reported cases of authorities preventing Sahrawis from traveling out of the country. On August 22, media reported that authorities prevented Salem Bachir, also known as Salem Hamda or M’Hamed Salem Hamda Birouk, the POLISARIO “Ambassador” to Argentina, from entering the territory at the airport in Laayoune. According to authorities, they prevented Bachir’s entry in the interest of public security.

PROTECTION OF REFUGEES

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees. As of October 31, UNHCR registered 1,151 Syrians. UNHCR referred cases meeting the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons, and 70 non-Syrian individuals were granted status as of the end of November. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. According to UNHCR statistics, since 2013 the Commission in Charge of Hearings for Asylum Seekers has recognized as refugees 696 non-Syrians referred by UNHCR.

Access to Asylum: The law provides for the granting of refugee status. The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. The government recognizes two types of asylum status: refugees designated according to the UNHCR statute and the “exceptional regularization of persons in irregular situation.” In 2015 the government continued to provide “exceptional regularization” to Syrians seeking international protection.

On December 15, the government launched the second phase of its migrant regularization program to provide legal status to migrants in exceptional circumstances. This program, similar to the 2014 campaign, will grant legal status to foreign spouses and children of citizens and other legal residents of the country, as well as individuals with at least five years of residence in the country, a valid work contract, or chronic illness.

Access to Basic Services: Recognized refugees were able to gain access to health care and education services. Asylum seekers were, however, often unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees. Registered refugees and regularized migrants have the right to work.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides workers with the rights to form and join unions, strike, and bargain collectively, with some restrictions. The current law prohibits certain categories of government employees, including members of the armed forces, police, and some members of the judiciary from forming and joining unions and from conducting strikes. The law excludes migrant workers from assuming leadership positions in unions.

According to the labor code, employer and worker representatives should conduct discussions to agree on the wages and employment conditions of unionized workers. The law allows several independent unions to exist but requires 35 percent of the total employee base to be associated with a union for the union to be representative and engage in collective bargaining. The law prohibits antiunion discrimination and prohibits companies from dismissing workers for participating in legitimate union-organizing activities. Courts have the authority to reinstate workers dismissed arbitrarily and may enforce rulings that compel employers to pay damages and back pay.

The law concerning strikes requires compulsory arbitration of disputes, prohibits sit-ins, and calls for a 10-day notice of a strike. The government may intervene in strikes. A strike may not take place over matters covered in a collective contract for one year after the contract comes into force. The government has the authority to disperse strikers in public areas not authorized for demonstrations and to prevent the unauthorized occupancy of private space. Unions may neither engage in sabotage nor prevent those individuals who were not on strike from working.

The government did not adequately enforce labor laws due to a lack of inspection personnel and resources. Inspectors do not have punitive power and cannot levy fines or other punishments. Upon action of the state prosecutor, the courts can force the employer to take remedial actions through a court decree. Penalties were not sufficient to deter violations. Regulations also required inspectors to serve as mediators in disputes, requiring them to spend a significant amount of time in their offices, not conducting inspections. Enforcement procedures were subjected to lengthy delays and appeals.

The government generally respected freedom of association and the right to collective bargaining. Employers limited the scope of collective bargaining, frequently setting wages unilaterally for the majority of unionized and nonunionized workers. Domestic NGOs reported that employers often used temporary contracts to discourage employees from affiliating with or organizing unions. Legally, unions can negotiate with the government on national-level labor issues. From April 12 to May 4, the government held its first formal traditional tripartite social dialogue session since 2012, largely to discuss a pending pension reform legislation that was later passed in parliament despite union protests. At the sectoral level, trade unions negotiated with private employers concerning minimum wage, compensation, and other concerns.

Labor disputes were common and, in some cases, the result of employers failing to implement collective bargaining agreements and withholding wages. Trade unions complained that the government at times used the penal code to prosecute workers for striking and to suppress strikes. Most union federations strongly allied with political parties, but unions were generally free from government interference.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law penalizes forced adult labor by a fine for the first offense and a jail term of up to three months for subsequent offenses. Penalties for forced child labor under the law range from one to three years’ imprisonment. Authorities did not adequately enforce the legislation. Reports indicated that forced labor, especially of children, occurred (see section 7.c.).

On August 22, the government approved a law regulating the employment of domestic workers, who had previously been exempted from labor law. The new law includes provisions on the employment of minors as domestic servants (see section 7.c.). Penalties for violating this law start with a fine and, in cases of repeated offense, can include one to three months’ imprisonment.

Labor inspectors did not inspect small workshops and private homes where the majority of such practices occurred, as the law requires a warrant to search a private residence. The small number of inspectors, the scarce resources at their disposal, and the broad geographic dispersion of sites also limited effective enforcement of the law.

Local NGOs reported that an undetermined number of Filipina and Indonesian domestic workers filed suits against their former employers. These suits included significant indicators of potential trafficking abuses, such as withholding passports or wages. Information on disposition of these cases was not available. Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment in most sectors is 15 years old. The law prohibits children younger than 16 years old from working in domestic work, and younger than 18 years old from working in 33 “hazardous” sectors (see section 7.e.). In all sectors children younger than 16 years old are prohibited from working more than 10 hours per day; employers must give them a break of at least one hour. The law does not permit children younger than 16 years old to work between the hours of 9 p.m. and 6 a.m. in nonagricultural work or between 8 p.m. and 5 a.m. in agriculture. The overwhelming majority of child laborers worked in rural areas, according to the government’s statistical agency, the High Planning Commission. The law excludes seasonal agricultural work and work in traditional artisanal or handicraft sectors of businesses with fewer than five employees. The law prohibits employment of children younger than 18 years old in stone quarries, mines, fishing, or any other positions the government considers hazardous. Some families from rural areas sent girls to work as domestics in urban areas. Boys experienced forced labor as apprentices in the artisan and construction industries and in mechanic shops.

The Ministry of Employment and Social Affairs is responsible for implementing and enforcing child labor laws and regulations. The law provides for legal sanctions against employers who recruit children under 15 years old, with fines ranging from 27,000 to 32,000 dirhams ($2,710 to $3,210). Punishment for violations of the child labor laws includes criminal penalties, civil fines, and withdrawal or suspension of one or more civil, national, or family rights, including denial of legal residence in the country for five to 10 years. Penalties were not sufficient to deter violations.

The ministry did not systematically inspect workplaces or enforce sanctions against child labor. During the year the 51 national labor inspectorates had 53 inspectors trained in child labor issues and designated as a “focal point.” According to various reports, police, prosecutors, and judges rarely enforced legal provisions on “forced labor in cases involving child domestics,” and few parents of children working as domestics were willing or able to pursue legal avenues likely to provide any direct benefit.

Authorities successfully prosecuted employers throughout the year for employing a child domestic worker, but labor inspectors responsible for enforcing the labor code do not have jurisdiction to inspect private residences, as inspection requires a warrant. Stakeholders reported limited government coordination on providing services to reintegrate children removed from child labor with many agencies performing overlapping roles with unclear responsibilities that led to gaps in child reintegration.

The government expanded coordination with local, national, and international NGOs on education and training programs to combat child labor during the year. The Ministry of Employment and Social Affairs, led by the Office of the Director of Work in conjunction with NGOs, oversaw programs dealing with child labor. The programs sought to decrease the incidence of child labor by raising awareness of the problem, providing financial assistance to needy families, and lowering obstacles for at-risk children to attend school. Additionally, public education was available to migrant children, lowering their vulnerability to child labor.

The Ministry of Employment and Social Affairs reported that in 2015 (the most recent annualized inspection information available) inspectors conducted 443 visits to different private sector enterprises. During these visits they made 2,214 official “observations.” Authorities removed 63 children younger than 15 years old from work and also removed 265 children between the ages of 15 and 18 years old from hazardous work. There was no detailed information available on the collection of fines or on assistance to children identified through inspections.

Observers reported noncompliance with child labor laws in agriculture and private urban residences.

Some children became apprentices before they were 12 years old, particularly in small family-run workshops in the handicraft industry. Children also worked in hazardous occupations as designated by law. These included fishing and, in the informal sector, in textiles, light manufacturing, and carpet weaving. Children’s safety, health conditions, and wages were often substandard.

In some cases employers subjected children to the worst forms of child labor, including commercial sexual exploitation, sometimes as the result of human trafficking (see section 6, Children); forced domestic work, sometimes as the result of human trafficking; and forced labor in the production of artisan crafts and construction.

NGOs documented the physical and psychological abuse of children employed as domestic servants. Employers paid parents for their children’s work. Most child domestics received food, lodging, and clothing instead of monetary compensation, or employers paid them significantly below the minimum wage.

The High Planning Commission reported continued reduction in child labor, claiming that by the end of 2015 approximately 59,000 children between the ages of seven and 15 years old worked, compared with 68,870 in 2014 and 88, 570 in 2013.

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

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination with respect to employment and occupation on the basis of race, color, gender, disability, marital status, religion, political opinion, trade union affiliation, national ancestry, or social origin, resulting in a violation or alteration of the principle of equal opportunity or treatment on equal footing regarding employment or the practice of a profession. This was true in particular with regard to recruitment, conduct and labor distribution, vocational training, wages, advances, the granting of social benefits, disciplinary measures, and dismissal. The law does not address sexual orientation, gender identity, age, language, HIV-positive status, or other communicable diseases in this context. The law provides for equal pay for equal work. The law prohibits the employment of women and youths (between the ages of 15 and 17 years old) in certain occupations that authorities considered hazardous, such as mining.

Discrimination in all categories prohibited by law occurred, as the government lacked sufficient human and financial resources to enforce these laws effectively. Migrant worker organizations reported that some migrants experienced discrimination in hiring, wages, or conditions of employment.

e. Acceptable Conditions of Work

The minimum wage was 108 dirhams ($11.13) per day in the industrialized sector, 70 dirhams ($7.22) per day for agricultural workers, and 65 dirhams ($6.70) per day for domestic workers. The World Bank established the absolute poverty level threshold wage as 70 dirhams ($7.22) per day. Including traditional holiday-related bonuses, workers generally received the equivalent of 13 to 16 months’ salary each year. Informal businesses employed approximately 60 percent of the labor force and often ignored minimum wage requirements. Under temporary contract programs (Contracts ANAPEC) designed to help new entrants into the job market, the government pays social security and medical insurance contributions for the employee, and employers are required to pay above the minimum wage and hire 60 percent of ANAPEC interns at the conclusion of the contract. Contracts ANAPEC, however, fell outside the jurisdiction of the labor code and thus could be abused.

The law provides for a 44- to 48-hour maximum workweek with no more than 10 hours in a single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including a prohibition on night work for women and minors. The law prohibits excessive overtime.

Occupational health and safety standards, reviewed and enforced by the Ministry of Employment and Social Affairs, are rudimentary, except for a prohibition on the employment of women and children in certain dangerous occupations. The law prohibits persons under the age of 18 years old from hazardous work in 33 areas, including working in mines, handling dangerous materials, transporting explosives, and operating heavy machinery.

Many employers did not observe the legal provisions for conditions of work. The government did not effectively enforce basic provisions of the labor code, such as payment of the minimum wage and other basic benefits under the National Social Security Fund. The country’s 409 labor inspectors attempted to monitor working conditions and investigate accidents, but lack of resources prevented effective enforcement of labor laws. Penalties were generally not sufficient to deter violations. Labor inspectors are also tasked with mediation of disputes, which competed with proactive inspection of worksites for compliance with labor laws.

According to NGOs, no major workplace accidents occurred during the year. There were, however, numerous media reports of accidents, sometimes fatal, on construction sites that had substandard standards or lacked safety equipment. In the formal sector, workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Tunisia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, and the government mainly respected these rights, although there were constraints. An independent press and a functioning democratic political system contributed to an environment generally conducive to these freedoms. Watchdog groups expressed concerns over security forces and other actors committing violence against journalists but noted that the level of violence dropped from the previous year. Civil society expressed concerns over occasional government interference in media.

Freedom of Speech and Expression: Public speech considered offensive to “public morals” or “public decency,” terms undefined in the law, continued to be treated as criminal acts. Provisions of the penal and telecommunications codes, for example, criminalize speech that causes “harm to the public order or public morals” or intentionally disturbs persons “in a way that offends the sense of public decency.”

Press and Media Freedoms: The constitution provides for freedom of the press. In August, Tunisia signed the Declaration on Media Freedom in the Arab World, committing the country to principles of media freedom, independent journalism, and the right to information. Activists expressed concern, however, about government interference in media. A 2016 Reporters Without Borders report criticized President Beji Caid Essebsi’s speech on January 22, in which he denounced “certain journalists and media” for aggravating unrest during the nationwide employment protests that followed the death of unemployed protester Ridha Yahyaoui. Yahyaoui was electrocuted when he climbed a power pole near the governor’s office after the local government removed him from a list of potential candidates for public-sector jobs. The government ordered an investigation into the circumstances surrounding Yahyaoui’s death; the case was pending as of November.

On September 26, a military prosecutor charged journalist Jamel Arfaoui with impugning the reputation of the army after he wrote an article published in Tunisie Telegraph on July 14 criticizing as inadequate the army’s lack of investigation into a military plane crash. On November 16, prosecutors charged Rached Khiari with impugning the reputation of the army and undermining its morale after his participation in a popular talk show during which he claimed that authorities signed an agreement allowing the United States to establish a military base in Tunisia. Both men faced charges of up to three years in prison and were being tried in a military court, although both men were civilians. Khiari faced additional charges of defamation of a civil servant and damaging the morale of the army to harm national defense, which carries a possible death penalty.

Violence and Harassment: Security officials continued to harass and threaten journalists, although to a lesser extent than in 2015, according to human rights organizations. The NGO Tunis Center for Press Freedom (CTLP) reported a decrease in the number of attacks against journalists during the year, to six attacks per month, with the exception of May with 10 reported attacks, mostly by members of the security forces. Assaults on journalists were mainly reported during summer, when journalists were banned from covering certain festival events in Djerba and Bizerte, according to the CTLP, which called on the Ministry of Interior to open a formal investigation.

Censorship or Content Restrictions: The government penalized individuals who published items counter to government guidelines. While online and print media frequently published articles critical of the government, journalists and activists at times practiced self-censorship to avoid violence targeting journalists, mainly from security forces or other anonymous attackers, according to the CTLP.

Libel/Slander Laws: In July 2015 counterterrorism police summoned Abdelfattah Said for questioning about a video he published on social media expressing his opinions on the cause of the Sousse terrorist attack. He was charged with complicity to facilitate terrorism, defaming a public servant, and knowingly broadcasting false news. Police transferred Said to al-Mornaguia prison in July 2015. In December 2015 the court sentenced Said to one year in prison and a fine of 2,000 dinars ($870). Said’s lawyers appealed the decision. According to Amnesty International, there were no further updates on the case during the year.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet, and there were no credible reports that the government monitored private online communications without appropriate legal authority. There was no censorship of websites, including those with pornographic content, with the exception of websites linked to terrorist organizations. According to Internet World Stats, 52 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reports of government restrictions on academic freedom. The CTLP reported that journalists were banned from some festivals in Bizerte and Djerba.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The Presidency of the Republic declared several extensions of a nationwide state of emergency, in effect since November 2015, when a suicide bomber attacked members of the Presidential Guard. The most recent extension was issued on October 18 for three months. The government previously ordered extensions of the state of emergency in January after widespread social unrest, in March following a terrorist attack in Ben Guerdan, and in June and July. Protests and clashes with security forces throughout the country started on January 16 in the governorate of Kasserine after the death of Yahyaoui. Local media reported that security forces used violence against protesters and arrested 1,105 persons, including 523 individuals accused of violating a nationwide curfew imposed on January 22.

On April 9, security forces violently dispersed a peaceful group of demonstrators of the General Union of Tunisian Students who were demanding jobs and prohibited them from demonstrating in front of the Prime Ministry.

FREEDOM OF ASSOCIATION

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, making it more difficult for government entities to hinder or delay registration. The International Observatory of Associations and International Development, an independent association that monitors the functioning of civil society, asserted the government was delaying registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law on associations.

According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. According to the Prime Ministry, during the period 2011-16, the government sent warnings to 805 associations and requested the suspension of 234 for violations of the law of associations. Courts suspended 112 of these associations and in four cases ordered the dissolution of the organizations. The Prime Ministry claimed that proper procedure was followed in all cases.

In November 2015 some members of parliament called for the dissolution of LGBTI-focused NGO Shams. On January 4, an administrative court suspended Shams’ activities pursuant to a government claim that the association had registered to advocate for the rights of “sexual minorities.” The government claimed that the Shams’ charter did not allow it to advocate explicitly for gay rights, since the charter only listed the purpose of the organization as advocating for the rights of “sexual minorities.” On February 24, an administrative court ruled in Shams’ favor, overturning the government’s complaint and allowing Shams to function legally; however, the government had not published the organization’s charter in the national gazette, leaving Shams unable to register for a bank account or conduct financial activities.

The government issued a ban of the annual conference of Islamist party Hizb Ettahrir scheduled for June 4, citing security reasons. An administrative court overturned the ban on June 3. On the morning of June 4, the governor of Tunis announced the closing of the venue until June 20, using powers granted to him under the state of emergency. The governor told media he took the decision “to avoid disturbing public order.” After several warnings to party leaders that the party violated Decree Law 88 of 2011 requiring that associations respect the rule of law and basic democratic principles and are prohibited from calling to violence, hatred, intolerance, or discrimination on a religious basis, the government suspended the activities of Hizb Ettahrir for 30 days beginning on August 15. On August 30, an administrative court overturned the suspension, citing “procedural problems” with the government’s case. On September 2, the government brought a criminal case against the party for inciting violence against the state, and the chief prosecutor referred the case to a military court. On September 20, members of Hizb Ettahrir refused to appear before the military court. The case remained pending as of December.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, vulnerable migrants, and other persons of concern.

Since 2014 more than 500 individuals complained to the Observatory of Rights and Freedoms of Tunis that the government prevented them from travelling over suspicions of extremism, in some cases apparently based on the travelers’ religious attire. The group added that some persons were prevented from travelling despite having a clean record, because they were related to a terrorist suspect. In other cases the observatory claimed that women were prevented from travelling if suspected of prostitution, often based on appearance alone.

PROTECTION OF REFUGEES

Access to Asylum: The country does not have a law for granting asylum or refugee status. Pending the creation of a legal framework, UNHCR is the sole entity conducting refugee status determination. UNHCR provided assistance to registered refugees for primary medical care and in some cases for basic education. The government grants access to schooling and basic public health facilities for registered refugees. When UNHCR ceased providing assistance to the Shousha camp for refugees from Libya in 2013, the camp still housed more than 300 persons who had been denied refugee status. In 2014 the Tunisian Red Crescent counted 98 persons residing in the camp. Of these, 45 were registered refugees who had refused resettlement within the country. The remaining 53 were not granted asylum status and continued to appeal that decision. In October 2014 the government dismantled the Shousha camp; however, UNHCR still provided services to the refugees resettled in homes in Gabes and Medenine. According to press reports, there were approximately 50 refugees and economic migrants still occupying the Shousha camp as of November, the majority of whom were from sub-Saharan countries. UNHCR said that the individuals who chose to remain in the Shousha camp after its dismantlement failed to meet refugee status and fell under the responsibility of the government. According to the Red Crescent, most Shousha occupants turned down temporary housing offered by the government and refused to be regularized in the country. Aid organizations reported that some applied for working papers but had not received a response from the government.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers with the right to organize, form and join unions, and bargain collectively. The law allows workers to strike, provided they give 10 days’ advance notice to their federations and receive Ministry of Interior approval. The International Trade Union Confederation and the International Labor Organization characterized the requirement for strike notification as an impediment to freedom of association. The right to strike extends to civil servants, with the exception of workers in essential services “whose interruption would endanger the lives, safety, or health of all or a section of the population.” The government did not explicitly stipulate which services were “essential.” Authorities largely respected the right to strike in public enterprises and services. The law prohibits antiunion discrimination by employers and retribution against strikers. The government generally enforced applicable laws.

Conciliation panels with equal labor and management representation settled many labor disputes. Otherwise, representatives from the Ministry of Social Affairs, UGTT, and the Tunisian Union for Industry, Commerce, and Handicrafts (UTICA) formed tripartite regional commissions to arbitrate disputes. On January 19, tripartite negotiations led to an agreement on wages in the private sector, which included a 6 percent general wage increase, a 10-dinar increase ($4.50) in the travel allowance, and a three dinar ($1.30) increase for work attendance. Observers generally saw the tripartite commissions as effective, although details on resources available to the commission were unavailable.

Unions rarely sought advance approval to strike. Wildcat strikes (those not authorized by union management) occurred throughout the year but at a level reduced from previous years, according to labor rights organizations. Sector-based unions carried out some strikes and sit-ins, such as those in education and health services and in extractive industries. Even if not authorized, the Ministry of Interior tolerated many strikes if confined to a limited area.

UGTT alleged antiunion practices among private-sector employers, including firing union activists and using temporary workers to deter unionization. In certain industries, such as textiles, hotels, and construction, temporary workers continued to account for a significant majority of the workforce. UTICA, along with the government, maintained an exclusive relationship with UGTT in reaching collective bargaining agreements. The government held organized collective social negotiations only with UGTT. Representatives from the General Confederation of Tunisian Labor and the Union of Tunisian Labor complained their labor organizations had been ignored and excluded from tripartite negotiations. In June 2015 the administrative court ruled to allow the General Confederation of Tunisian Labor to deduct earnings from paychecks for dues, a right previously allowed only to UGTT. Observers saw the decision as an affirmation of union pluralism in the country.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced and compulsory labor and provides for penalties of up to 10 years’ imprisonment for capturing, detaining, or sequestering a person for forced labor.

The government effectively enforced most applicable codes dealing with forced labor. Some forced labor and forced child labor occurred in the form of domestic work in third-party households, begging, street vending, and seasonal agricultural work (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law generally prohibits the employment of children younger than 16. Persons under 18 are prohibited from working in jobs that present serious threats to their health, security, or morality. The minimum age for light work in the nonindustrial and agricultural sectors during nonschool hours is 13. Workers between the ages of 14 and 18 must have 12 hours of rest per day, which must include the hours between 10 p.m. and 6 a.m. Children between the ages of 14 and 16 may work no more than two hours per day. The total time that children spend at school and work may not exceed seven hours per day. The penal code provides for penalties of up to 10 years’ imprisonment for capturing, detaining, or sequestering a person for forced labor and up to two years’ imprisonment for forced child begging.

Labor inspectors from the Ministry of Social Affairs monitored compliance with the minimum age law by examining the records of employees. The number of inspectors and resources at their disposal lagged behind economic growth. Additionally, according to ministry officials, the labor inspectorate did not have adequate resources to monitor the informal economy fully, officially estimated to constitute 38 percent of GDP. Occasionally, labor inspectors coordinated spot checks with UGTT and the Ministry of Education. According to a 2013 study, 2.6 percent of children under the age of 15 worked, but this figure did not include children who worked in the informal sector, whether as street vendors, beggars, handicraft workers, or seasonal agricultural labor.

Children were subjected to commercial sexual exploitation and used in illicit activities, including drug trafficking, which are worst forms of child labor (section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination regarding race, sex, gender, disability, language, sexual orientation and gender identity, HIV-positive status or presence of other communicable diseases, or social status. The government did not always effectively enforce those laws and regulations due to lack of resources and difficulty in identifying when employers’ traditional attitudes toward gender identity or sexual orientation resulted in discriminatory employment practices (see also section 6).

The law allows female employees in the public sector to receive two-thirds of their full-time salary for half-time work, provided they have at least one child under 16 or a child with special needs, regardless of age. Qualifying women may apply for the benefit for a three-year period, renewable twice for a maximum of nine years.

Societal and cultural barriers significantly reduced women’s participation in the formal labor force, in particular in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work.

e. Acceptable Conditions of Work

The labor code provides for a range of administratively determined minimum wages. In November 2015 the government announced a new monthly minimum wage for a 40-hour workweek for nonagricultural workers of 290 dinars ($127), and a daily minimum wage for agricultural-sector workers of 13 dinars ($5.70). In October 2015 the Ministry of Social Affairs, UGTT, and the Tunisian Union of Agriculture and Fishing reached an agreement to improve labor conditions and salaries in agricultural work to match those in the industrial sector. The agreement allows for the protection of rural women against dangerous employment conditions, sets safety standards for handling of hazardous materials, and gives tax incentives for agricultural employers to provide training for workers.

The law sets a maximum standard 48-hour workweek for manual work in the industrial and agricultural sectors and requires one 24-hour rest period per week. For administrative jobs in the private- and public-sectors, the workweek is 40 hours with 125 percent premium pay for overtime. The law prohibits excessive compulsory overtime. Depending on years of service, employees are statutorily awarded 18 to 23 days of paid vacation annually. Although there is no standard practice for reporting labor code violations, workers have the right to report violations to regional labor inspectors.

Special government regulations control employment in hazardous occupations, such as mining, petroleum engineering, and construction. Workers were free to remove themselves from dangerous situations without jeopardizing their employment, and they could take legal action against employers who retaliated against them for exercising this right. The Ministry of Social Affairs is responsible for enforcing health and safety standards in the workplace. Under the law all workers, including those in the informal sector, are afforded the same occupational safety and health protections. Enforcement of these measures was inadequate, according to UGTT representatives. In addition to enforcing occupational safety and health regulations, regional labor inspectors enforced standards related to hourly wage regulations. The country had 347 labor inspectors who inspected most firms approximately once every two years. The government did not adequately enforce the minimum wage law, particularly in nonunionized sectors of the economy. The prohibition against excessive compulsory overtime was not always enforced.

Working conditions and standards generally were better in export-oriented firms, which were mostly foreign owned, than in those firms producing exclusively for the domestic market. According to World Bank statistics, the informal sector employed more than 54 percent of the total workforce, more than half of which was female. According to the government and NGOs, labor laws did not adequately cover the informal sector, where labor violations were reportedly more prevalent. Temporary contract laborers complained they were not afforded the same protections as permanent employees. There were no major industrial accidents during the year. Credible data on workplace accidents, injuries, and fatalities were not available.

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The Lessons of 1989: Freedom and Our Future