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Albania

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

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

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

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

Andorra

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Penalties were commensurate with penalties for similar crimes.

Bhutan

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, but the government did not always effectively enforce applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The law criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the law with respect to the worst forms of child labor, forced and compulsory labor, nonpayment of compensation, minimum working age, employing foreigners without a permit, and noncompliance with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. In addition labor inspectors often mediated cases of nonpayment of wages and withholding passports in lieu of civil or criminal investigations. Penalties for forced or compulsory labor were commensurate with other analogous crimes.

Some domestic servants working in private homes, including Indian children, are victims of forced labor. Officials relied on citizens to report forced labor of domestics directly to police.

Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. The Ministry of Labor and Human Resources noted 50,057 migrants received work permits in fiscal year 2018-19, mostly from India, although the number of migrant works was likely much lower during the year due to COVID-19 travel restrictions. The Ministry of Labor and Human Resources registered foreign migrant workers in the country, monitored working conditions and recruitment agencies, and produced and disseminated pamphlets advising workers of their rights, including full and prompt payment of wages and their legal right to retain personal identity documents. Young rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. Unconfirmed reports suggested that some girls who worked as entertainers in drayungs (karaoke bars) were subjected to labor and sex trafficking through debt and threats of physical abuse.

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

Eritrea

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor and slavery, but forced labor occurred. The government enforced these laws within private industry; penalties were not commensurate with those for analogous serious crimes. The legal definition of forced labor excludes activities performed under national service or other civic obligations, compulsory labor for convicted prisoners, and “communal services rendered during an emergency.” Labor protections limiting hours of work and prohibiting harsh conditions do not apply to persons conscripted into national service.

The country’s national service obligation in some cases amounted to a form of forced labor. By law all citizens between ages 18 and 50, with limited exceptions, must perform national service. The national service obligation consists of six months of military training and 12 months of active military or civilian national service, for a total of 18 months, or, for those unfit to undergo military training, 18 months of service in any public and government organ. During times of emergency, however, the government can suspend the 18-month limit, which it did in 1998 with the outbreak of the war with Ethiopia. The government has not rescinded emergency rule. The result is an indefinite extension of the duration of national service, in some cases for more than 20 years. Pay for conscripts improved in recent years, but remained very low. The law provides for assignment to a job category according to the person’s capacity and profession, but this was not always followed in practice. There is no provision for alternative service for conscientious objectors.

Forced labor occurred. Despite the 18-month legal limit on national service, the government did not demobilize many conscripts from the military or from civilian national service as scheduled and forced some to serve indefinitely in national service under threats of detention, torture, or punishment of their families. Persons performing national service could not resign, generally received no promotions, and could rarely leave the country legally because authorities denied them passports or exit visas. Those conscripted into national service performed standard patrols and border monitoring in addition to labor such as agricultural terracing, planting, road maintenance, hotel work, teaching, construction, and laying power lines, as well as many office jobs in government ministries, agencies, and state-owned enterprises. There were reports that some conscripts were additionally required to perform manual labor on national service projects unrelated to their assignment and for which they received no overtime payment. Plaintiffs in a lawsuit filed in Canada in 2014 alleged that, as conscripts in national service, they were required to work 72-hour weeks in a mine for between 11 and 17 years before fleeing the country.

The government required those not already in the military to attend civilian militia training and carry firearms, including many who were demobilized, the elderly, and persons otherwise exempted from military service. Failure to participate in the militia or national service could result in detention. Militia duties mostly involved security-related activities, such as airport or neighborhood patrolling. Militia training involved occasional marches and listening to patriotic lectures.

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

Oman

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forced or compulsory labor but explicitly excludes domestic workers. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor.

Conditions indicative of forced labor were present. By law all expatriate workers, who constituted approximately 80 percent of the workforce, must be sponsored by a citizen employer or accredited diplomatic mission. Some migrant workers, employed as domestic workers or as low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses proactively, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative and abusive conditions and made it difficult for them to change employers (see section 2.d.). Some sponsors allow their employees to work for other employers, sometimes in return for a fee. This practice is illegal, but enforcement was weak, and such arrangements left workers vulnerable. The government clarified that sponsors of domestic workers are not allowed to send their workers to another home to work, but the regulation was weakly enforced. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. The ROP issued a decision on May 31 that expatriates will no longer require a “no objection certificate” (NOC) from their employers to secure new work upon completion or termination of their employment contracts, effective January 1, 2021. Some employers exploited the NOC requirement to demand exorbitant release fees totaling as much as four months’ salary before permitting workers to change employers. Until the elimination of the NOC requirement becomes effective, foreign workers are required to either depart the country for a minimum of two years or remain in their current position. There were reports that sponsors were reluctant to provide NOCs, which would result in loss of the foreign labor certificate for that position.

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

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The Lessons of 1989: Freedom and Our Future