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Rwanda

Executive Summary

Rwanda is a constitutional republic dominated by a strong presidency. The ruling Rwandan Patriotic Front led a governing coalition that included four smaller parties. In 2017 voters elected President Paul Kagame to a third seven-year term with a reported 99 percent of the vote and a reported 98 percent turnout. One independent candidate and one candidate from an opposition political party participated in the presidential election, but authorities disqualified three other candidates. In the 2018 elections for parliament’s lower house, the Chamber of Deputies, candidates from the Rwandan Patriotic Front coalition and two other parties supporting Rwandan Patriotic Front policies won all except four of the open seats. For the first time, independent parties won seats in the chamber, with the Democratic Green Party of Rwanda and the Social Party Imberakuri winning two seats each. In both the 2017 and 2018 elections, international monitors reported numerous flaws, including irregularities in the vote tabulation process. In September 2019, 12 new senators were elected to the 26-member Senate via indirect elections. Faculty at public and private universities elected two other senators. President Kagame appointed another four senators, and the National Consultative Forum for Political Organizations designated two, in accordance with the constitution. In September the National Consultative Forum for Political Organizations designated two new senators, including a member of the Democratic Green Party of Rwanda.

The Rwanda National Police, under the Ministry of Justice, is responsible for internal security. The Rwanda Defense Force, under the Ministry of Defense, is in charge of providing external security, although the Rwanda Defense Force also works on internal security and intelligence matters alongside the Rwandan National Police. In 2018 the Rwanda Investigation Bureau began carrying out many of the investigative functions formerly performed by the Rwandan National Police, including counterterrorism investigations, investigation of economic and financial crimes, and judicial police functions. Civilian authorities maintained effective control over state security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings by the government; forced disappearance by the government; torture by the government; harsh and life-threatening conditions in some detention facilities; arbitrary detention; political prisoners or detainees; politically motivated reprisal against individuals located outside the country; arbitrary or unlawful interference with privacy; serious restrictions on free expression, press, and the internet, including threats of violence against journalists, censorship, and website blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization laws; and restrictions on political participation.

The government took some steps to prosecute or punish officials who committed abuses, including within the security services, but impunity involving civilian officials and some members of the state security forces was a problem.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were reports the government committed arbitrary or unlawful killings. The Rwanda Investigation Bureau (RIB) is responsible for conducting investigations into such killings. Under the Ministry of Justice, the National Public Prosecution Authority (NPPA) is responsible for prosecuting abuse cases involving police, while the Rwanda National Police (RNP) Inspectorate of Services investigates cases of police misconduct.

For example, Kizito Mihigo, a popular gospel singer and a genocide survivor, was found dead in police custody on February 17. Mihigo was arrested on February 13 near the border with Burundi. Authorities charged him with illegally attempting to cross the border, attempting to join terrorist groups, and corruption. Previously, in 2015 a court convicted Mihigo of planning to assassinate the president and conspiracy against the government. He was sentenced to 10 years in prison before being pardoned by the president in 2018. The NPPA found that Mihigo’s death was the result of suicide by hanging, but the autopsy results were not made public and the circumstances of his death remained unclear. Government critics asserted that authorities killed Mihigo and arranged for his death to be declared a suicide; a posthumously published work from Mihigo’s previous time in prison suggested he feared he would be killed. Mihigo told Human Rights Watch shortly before his arrest that he received threats, was asked to provide false testimony against political opponents, and feared for his safety. Many human rights defenders called on the government to conduct an independent investigation, which as of November had not taken place.

There were also reports the government failed to follow through on its obligation to conduct full, timely, and transparent investigations of killings of political opponents such as the March 2019 killing of Anselme Mutuyimana, a member of the unregistered United Democratic Forces-Inkingi (FDU-Inkingi) opposition party. FDU-Inkingi and Human Rights Watch (HRW) alleged government involvement in Mutuyimana’s killing. Although the RIB announced in March 2019 that it was investigating Mutuyimana’s death and had arrested one suspect, the investigation had not progressed since that time.

There were reports that police killed several persons attempting to resist arrest or escape police custody. In March officers killed two individuals in Nyanza District for resisting arrest when apprehended for not complying with COVID-19 lockdown measures. In July officers killed two Burundian refugees in Ngoma District suspected of trafficking illegal drugs from Tanzania. In August the RNP announced officers had killed two suspects attempting to escape from police custody in Gasabo District. In Rusizi District, officers killed an individual suspected of theft when he resisted arrest.

b. Disappearance

There were several reports of disappearances by or on behalf of government authorities. In June Venant Abayisenga went missing. Abayisenga was a member of DALFA-Umurinzi, an unregistered opposition party under the leadership of government critic Victoire Ingabire. Abayisenga worked as Ingabire’s assistant and was previously imprisoned on charges of terrorism, of which he was acquitted after more than two years in detention. Ingabire stated that she believed government agents kidnapped or killed Abayisenga. The RIB announced it was investigating the disappearance, but as of September 27, it had not disclosed the results of that investigation.

The government failed to complete investigations or take measures to ensure accountability for disappearances that occurred in 2019 and 2018 such as those of Eugene Ndereyimana and Boniface Twagirimana.

There were reports the Rwanda Defense Force’s (RDF) military intelligence personnel were responsible for disappearances, illegal detention, and torture. Some advocates reported that RDF intelligence personnel took suspected political opponents to unofficial detention centers where they were subject to beatings and other cruel and degrading treatment with the purpose of extracting intelligence information.

Domestic organizations cited a lack of independence and capacity for government officials to investigate security sector abuses effectively, including reported enforced disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were numerous reports of abuse of detainees by police, military, and National Intelligence and Security Services officials.

In 2018 the government enacted a law that prescribes 20 to 25 years’ imprisonment for any person convicted of torture. The law mandates that when torture is committed by a public official in the course of his or her duties, the penalty for conviction is life imprisonment.

Prisoners were sometimes subjected to torture. In one case, 25 individuals were arrested and transferred from the Democratic Republic of Congo to the country on the grounds that they were involved in armed groups threatening the country’s security. During their court proceedings, some of these individuals claimed they had been tortured in custody. The court ruled there was no evidence that torture had occurred, but there were no reports the court investigated the allegations.

Human rights advocates continued to report instances of illegally detained individuals tortured in unofficial detention centers. Advocates including HRW claimed that military, police, and intelligence personnel employed torture and other forms of cruel, inhuman, or degrading treatment to obtain information and forced confessions, which in some cases resulted in criminal convictions. Some defendants in addition alleged in court they had been tortured while in detention to confess to crimes they did not commit, but there were no reports of any judges ordering an investigation into such allegations or dismissing evidence obtained under torture, and there were no reported prosecutions of state security forces personnel for torture.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but state security forces regularly arrested and detained persons arbitrarily and without due process. The law provides for the right of persons to challenge in court the lawfulness of their arrest or detention; however, few tried, and there were no reports of any detainees succeeding in obtaining prompt release or compensation for unlawful detention. Observers credited the RNP with generally strong discipline and effectiveness. The RNP institutionalized community relations training that included appropriate use of force and respect for human rights, although arbitrary arrests and beatings remained problems.

Human rights NGOs previously reported that individuals suspected of having ties to the Democratic Forces for the Liberation of Rwanda, the Rwanda National Congress, or other insurgent groups were detained unlawfully and held incommunicado for long periods in harsh and inhuman conditions.

Arrest Procedures and Treatment of Detainees

The law requires authorities to investigate and obtain a warrant before arresting a suspect. Police may detain suspects for up to 72 hours without an arrest warrant. Prosecutors must submit formal charges within five days of arrest. Police may detain minors a maximum of 15 days in pretrial detention but only for crimes that carry a penalty for conviction of five years’ or more imprisonment. Police and prosecutors often disregarded these provisions and held individuals, sometimes for months and often without charge, particularly in security-related cases. State security forces held some suspects incommunicado or under house arrest. At times police employed nonjudicial punishment when minor criminals confessed and the victims agreed to a police officer’s recommended penalty, such as a week of detention or providing restitution.

The law permits investigative detention if authorities believe public safety is threatened or the accused might flee, and judges interpreted these provisions broadly. A judge must review such a detention every 30 days. By law it may not extend beyond one year; however, the RCS held some suspects at the behest of state prosecutors indefinitely after the first authorization of investigative detention and did not always seek reauthorization every 30 days. The minister of justice announced in a statement to domestic media in March 2019 that he encouraged authorities to comply with legal standards in these areas, and such irregularities reportedly decreased.

After prosecutors formally file a charge, detention may be indefinite unless bail is granted. Bail exists only for crimes for which the maximum sentence if convicted is five years’ imprisonment or less, but authorities may release a suspect pending trial if satisfied the person would not flee or become a threat to public safety and order. Authorities generally allowed family members prompt access to detained relatives, unless the individuals were held on state security charges, or in unofficial or intelligence-related detention facilities. Detainees were generally allowed access to attorneys of their choice, provided that said attorneys were registered with the Rwanda Bar Association (RBA), were members of another international bar association which had a reciprocal agreement with the RBA, or were from a foreign jurisdiction included in a regional integration agreement to which the country was a party. The government at times violated the right to habeas corpus.

Convicted persons sometimes remained in prison after completing their sentences while waiting for an appeal date or due to problems with prison records. The law provides that pretrial detention, illegal detention, and administrative sanctions be fully deducted from sentences imposed, but this was not always followed. The law does not provide for compensation to persons who are acquitted. The law allows judges to impose detention of equivalent duration and fines on state security forces and other government officials who unlawfully detained individuals, but there were no reports that judges exercised this authority.

Arbitrary Arrest: On August 31, the RIB announced it had apprehended Paul Rusesabagina, the internationally known hero of the film Hotel Rwanda and long-time government critic turned leader of the Rwanda Movement for Democratic Change (MRCD) opposition group. On September 14, prosecutors brought terrorism charges against Rusesabagina, most of which were related to a series of National Liberation Forces (FLN–the armed wing of the MRCD) attacks against the country in 2018. As of November Rusesabagina’s trial had not yet officially begun; he remained in pretrial detention while the prosecution prepared the government’s case against him. The exact circumstances of his apprehension remained unclear. Rusesabagina’s family members asserted to press that authorities “kidnapped” Rusesabagina while he was on a business trip to Dubai. On September 6, President Kagame denied Rusesabagina had been kidnapped and implied that Rusesabagina had somehow been lured or tricked into coming to the country of his own volition. In September Rusesabagina stated he intended to travel to Bujumbura, Burundi, via private jet, but he unexpectedly arrived in Kigali instead.

Unregistered opposition political parties reported authorities detained their officials and supporters, including for lengthy periods. For example, 11 FDU-Inkingi leaders spent significant periods in custody after being arrested in 2017 on various charges, including the formation of an irregular armed group. In January seven were convicted and given prison sentences ranging from two to 12 years. Four were acquitted. Attorneys for the defense argued the arrests were politically motivated and unsuccessfully petitioned the court to dismiss the case on grounds that prosecutors employed improper and illegal procedures in authorizing a communications intercept after the fact.

Although there is no requirement for individuals to carry an identification document (ID), police and the District Administration Security Support Organ (DASSO) regularly detained street children, vendors, suspected petty criminals, and beggars without IDs and sometimes charged them with illegal street vending or vagrancy. Authorities released adults who could produce an ID and transported street children to their home districts, to shelters, or for processing into vocational and educational programs. To address persistent reports of abuse of street vendors by DASSO employees, authorities continued to provide training to DASSO personnel. During the year 225 DASSO community security officer trainees participated in a course designed to promote professionalism and discipline. As in previous years, authorities held detainees without charge at district transit centers for weeks or months at a time without proactively screening and identifying trafficking victims before either transferring them to an NRS rehabilitation center without judicial review or forcibly returning them to their home areas. Detainees held at district transit centers or NRS rehabilitation centers could contest their detentions before the centers’ authorities but did not have the right to appear before a judge.

Pretrial Detention: Lengthy pretrial detention was a serious problem, and authorities often detained prisoners for months without arraignment, in large part due to administrative delays caused by case backlogs. The NGO World Prison Brief reported, using 2017 data, that 7.5 percent of prisoners were pretrial detainees. The law permits detention of genocide and terrorism suspects until trial.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence. There were no reports of direct government interference in the judiciary, and authorities generally respected court orders. Domestic and international observers noted, however, that outcomes in high-profile genocide, security, and politically sensitive cases appeared predetermined.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the constitution and law prohibit such actions, the government continued to monitor homes, movements, telephone calls, email, and personal and institutional communications. Private text messages were sometimes used as evidence in criminal cases. Government informants continued to work within internet and telephone companies, international and local NGOs, religious organizations, media, and other social institutions.

The law requires police to obtain authorization from a state prosecutor prior to entering and searching citizens’ homes. According to human rights organizations, state security forces at times entered homes without obtaining the required authorization.

The law provides legal protection against unauthorized use of personal data by private entities, although officials did not enforce these provisions during the year.

The government blocked some websites, including media outlets, that included content considered contrary to government positions.

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

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

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government through free and fair elections based on universal and equal suffrage, but government restrictions on the formation of opposition parties and harassment of critics and political dissidents limited that ability. The law provides for voting by secret ballot in presidential and parliamentary–but not local–elections. The Rwandan Patriotic Front (RPF) and allied parties controlled the government and legislature, and RPF candidates dominated elections at all levels.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials and private persons transacting business with the government that include imprisonment and fines, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year. The Office of the Auditor General submitted a report to Parliament in May covering the office’s anticorruption efforts. The report identified multiple instances of irregular expenditures and diversion of funds in government spending. The law also provides for citizens who report requests for bribes by government officials to receive financial rewards when officials are prosecuted and convicted.

Corruption: The government investigated and prosecuted reports of corruption among police and government officials. Police frequently conducted internal investigations of police corruption, including sting operations, and authorities punished offenders. For example, in July the RNP dismissed 56 police officers for corruption-related offenses. This included several relatively senior officials, such as an assistant commissioner and a senior superintendent of the RNP.

The NPPA prosecuted civil servants, police, and other officials for fraud, petty corruption, awarding of public tenders illegally, and mismanagement of public assets. A 2018 law states corruption offenses are not subject to any statute of limitations. Specialized chambers at the intermediate court level handled corruption cases.

On April 5, the government arrested several senior government officials, including a permanent secretary of the Ministry of Finance, a former permanent secretary of the Ministry of Infrastructure, a director general of the Rwanda Housing Authority, and two directors general in the Ministry of Infrastructure, for misconduct in procuring a government building. The previous owners of the building were also arrested. The minister of infrastructure had not been arrested as of September but was the subject of an investigation. In May President Kagame denounced the “corrupt behavior” of such officials during a meeting of the RPF. Separately, four prominent businesspersons and financiers of the RPF who had received government procurement contracts for providing fertilizer to farmers were also arrested for mismanagement of funds.

The government utilized a “bagging and tagging” system to aid companies with regional and international due diligence requirements related to conflict minerals. The law prohibits the purchase or sale of undocumented minerals from neighboring countries. A 2019 UN report found irregularities in official statistics on exports of gold from Rwanda to the United Arab Emirates. Observers and government officials reported smugglers trafficked an unknown amount of undocumented minerals through the country.

Financial Disclosure: The constitution and law require public officials to report income and assets annually as well as to report them upon entering and leaving office. There is no requirement for public disclosure of those assets, except in cases where irregularities are discovered. The Office of the Ombudsman, which monitors and verifies disclosures, reported 99 percent of officials complied with the requirement. In cases of noncompliance, the Office of the Ombudsman has the power to garnish wages and impose administrative sanctions that often involved loss of position or prosecution. State-owned enterprises did not fully and transparently disclose their investments and investors.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join unions and employer associations, bargain collectively, and strike, but it places restrictions on these rights. An employer may refuse a recognized union access to the workplace, and the union must appeal this to the labor inspector. A union must include a majority of workers in the enterprise. The law prohibits antiunion discrimination but does not automatically provide for reinstatement of workers fired for union activity. Labor disputes are mediated by local and national labor inspectors before they may be referred to a court, which may refuse to hear the case. The law applies to all employees with contracts. The law applies to informal-sector employees with regard to occupational health and safety (OSH) and the right to form trade unions and employers’ associations, but it does not address strikes in the informal sector.

A March ministerial order defines the implementation of the 2018 labor law and specifies guidelines for labor inspections, provides the modalities of electing employee representatives, lists acts considered gross misconduct, determines the core elements of a written employment contract, and defines essential services that may not be interrupted by a strike or lockout.

The law and ministerial orders provide some workers the right to conduct strikes, subject to numerous restrictions. The law states that employees have the right to strike when the arbitration committee has allowed more than 15 working days to pass without issuing a decision, the conciliation resolution on collective dispute had not been implemented, or the court award was not enforced. The law further states all strikes must be preceded by a notice of four working days. The law states that a strike or lockout must not interrupt the continuity of “essential services” as defined by the Ministry of Public Service and Labor. The ministry broadly defined essential services to include all modes of transportation and fuel sales, security, health, education, water and sanitation, and all forms of telecommunications, which severely restricted the right to strike in these fields. Employees and employers are prohibited from exercising a strike or lock-out within 10 days preceding or following elections in the country or during a state of national emergency. There were 35 labor unions organized into three confederations: 16 trade unions represented by the Rwanda Confederation of Trade Unions (CESTRAR), 12 by the Labor and Worker’s Brotherhood Congress (COTRAF), and seven by the National Council of Free Trade Union Organizations in Rwanda. All three federations were officially independent of the government, but some maintained close links with the government.

Freedom of association and the right to collective bargaining generally were not respected. The government did not enforce applicable laws effectively and restricted these rights.

The government severely limited the right to collective bargaining, and legal mechanisms were inadequate to protect this right. Labor union officials commented that many private-sector businesses did not allow collective bargaining negotiations. The government also controlled collective bargaining with cooperatives and mandatory arbitration. No labor union had an established collective bargaining agreement with the government.

Collective bargaining occasionally was practiced in the private sector, although there were few recent examples. In 2015 an international tea exporter renewed its 2012 collective bargaining agreement with its employees. CESTRAR, COTRAF, and the Ministry of Labor participated in the negotiations.

There were neither registered strikes nor anecdotal reports of unlawful strikes during the year; the most recent recorded strike was by textile workers in 2013. CESTRAR noted that in several cases, the government acted to resolve labor disputes in workers’ favor to avert the threat of a strike. National elections for trade union representatives occurred on regular cycles depending on the trade union. Trade union leaders stated the government interfered in the elections and pressured some candidates not to run.

There were no functioning labor courts or other formal mechanisms to resolve antiunion discrimination complaints, and COTRAF reported it could take four to five years for labor disputes to be resolved through the civil courts. According to one trade union, employers in small companies frequently used transfers, demotions, and dismissals to intimidate union members.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor and states it is unlawful to permit the imposition of forced labor. In 2014 the government issued a national trafficking in persons action plan that included programs to address forced labor; the government continued to update the plan during the year. In 2018 the government enacted an updated law to prevent, suppress, and punish trafficking in persons. The 2018 antitrafficking law prescribes penalties for conviction of imprisonment or fines. Penalties were commensurate with those prescribed for other serious crimes, such as rape, with the penalties being higher if the victim is a child or a vulnerable person. Statistics on the number of victims identified in forced labor were not available. Suspected victims were sometimes detained in transit centers without proper screening or referral to care and assistance.

Government enforcement to prevent forced labor was inconsistent, particularly in cases involving domestic workers. Although not widespread, forced labor reportedly occurred in bars, restaurants, and mines.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The minimum age for full-time employment is 16, but children ages 13 to 15 are allowed to perform light work in the context of an apprenticeship. The law prohibits children younger than age 18 from participating in physically harmful work, including work underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; work that exposes the child to unsafe temperatures or noise levels; and work for long hours or during the night. The 2018 labor law determines the nature of other prohibited forms of work for a child.

In addition to national law, some districts enforced local regulations against hazardous child labor and sanctioned employers and parents for violations. Police, immigration officials, local government officials, and labor inspectors received training on identifying victims of trafficking.

The NCC took the lead role in designating responsible agencies and establishing actions to be taken, timelines, and other concrete measures in relation to the integrated child rights policy and various national commissions, plans, and policies related to child protection subsumed therein. At the local level, 149 child labor committees monitored incidents of child labor, and each district was required to establish a steering committee to combat child labor. At the village level, 320 child labor focal point volunteers were supported by 10 national protection officers appointed by the NCC and 48 social workers.

The Ministry of Public Service and Labor conducted labor inspections of sectors of the economy known to employ children, focusing on domestic work and the agriculture sector. The government removed 316 children from hazardous work situations and fined employers approximately $3,000. The RNP operated a child protection unit. District government officials, as part of their performance contracts, enforced child labor reduction and school attendance benchmarks. Observers noted considerable political will to address child labor within the Ministry of Education, Ministry of Gender and Family Promotion, and the RNP, but the labor inspectorate remained underfunded and understaffed.

The government worked with NGOs to raise awareness of the problem and to identify and send to school or vocational training children involved in child labor. The government’s 12-year basic education program aided in reducing the incidence of child labor, although some children who worked also attended school because classes were held in alternating morning or afternoon shifts at some grade levels. The government fined those who illegally employed children or parents who sent their children to work instead of school.

The government enforced the law inconsistently. The number of inspectors was inadequate, but criminal penalties were commensurate with those for other serious crimes, such as kidnapping. The majority of child laborers worked in the agricultural sector and as household domestics. Child labor also existed in isolated instances in cross-border transportation and in the mining industry. Children received low wages, and abuse was common.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on ethnic origin, family or ancestry, clan, race, sex, region, religion, culture, language, and physical or mental disability, as well as any other form of discrimination. The constitution requires equal pay for equal work.

There were no known legal restrictions to women’s employment in the same occupations, tasks, and working hours as men. The government did not consistently enforce antidiscrimination laws, and there were numerous reports of discrimination based on gender and disability. Women generally enjoyed equal pay for the same work as men, although pay varied across occupations. Persons with disabilities are officially protected from employment discrimination but often faced discrimination in hiring. Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens but sometimes faced discrimination due to societal bias and informal hiring quotas tied to citizenship status.

e. Acceptable Conditions of Work

There is no official minimum wage. The law states the Ministry of Labor may establish a minimum wage by ministerial order, but as of October 1, such an order had not been issued. Laws on working conditions applied to all workers but were seldom enforced in the informal sector.

The law provides a standard workweek of 45 hours and 18 to 21 days paid annual leave, in addition to official holidays. The law provides employers with the right to determine daily rest periods. Most employees received a one-hour lunch break. The law states female employees who have given birth are entitled to a maternity leave of at least 12 consecutive weeks. A ministerial order issued during the year states overtime is accrued after 45 hours worked per week and is compensated by a “rest period equal to the extra hours performed” within the following 30 days. If employees are not provided the rest period within 30 days, they are to be paid for hours worked. The rate for overtime work is the worker’s regular salary.

The law states employers must provide for the health, safety, and welfare of employees and visitors and that enterprises are to establish occupational safety and health committees. Authorities conducted public awareness campaigns to inform workers of their rights and highlight employers’ obligation to register employees for social security and occupational health insurance and pay into those benefit systems. Orders from the Ministry of Labor determined appropriate OSH conditions and the establishment and functioning of OSH committees.

The government did not effectively enforce the law. The number of inspectors was not sufficient to enforce labor standards effectively. The many violations reported to labor unions compared to the few actions taken by the government and employers to remedy substandard working conditions suggested penalties and enforcement were insufficient. The law was seldom applied in the informal sector.

Families regularly supplemented their incomes by working in small businesses or subsistence agriculture in the informal sector, which included more than 75 percent of all workers. Most workers in the formal sector worked six days per week. Violations of wage, overtime, and OSH standards were common in both the formal and informal sectors. Employers frequently failed to register employees for social security or occupational health insurance and pay into those benefit systems.

Workers in the subcontractor and business process outsourcing sectors were especially vulnerable to hazardous or exploitative working conditions. Statistics on workplace fatalities and accidents were not available, but ministry officials singled out mining as a sector with significant problems in implementing occupational safety and health standards. The Ministry of Labor maintained a list of dangerous professions subject to heightened safety scrutiny.

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