Algeria

Executive Summary

Algeria is a multiparty republic whose president, the head of state, is elected by popular vote for a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who is the head of government. A 2016 constitutional revision requires the president to consult with the parliamentary majority before appointing the prime minister. Presidential elections took place in 2014, and voters re-elected President Abdelaziz Bouteflika for a fourth term. Following Bouteflika’s April 2 resignation, the country twice postponed elections during the year. Elections on December 12 resulted in Abdelmadjid Tebboune’s election. Presidential term limits, which were eliminated in 2008, were reintroduced in the 2016 revision of the constitution and limit the president to two five-year terms. Elections for the lower chamber of parliament were held in 2017 and did not result in significant changes in the composition of the government. Foreign observers characterized the 2017 legislative elections as largely well organized and conducted without significant problems on election day but noted a lack of transparency in vote-counting procedures.

The 130,000-member National Gendarmerie, which performs police functions outside of urban areas under the auspices of the Ministry of National Defense, and the approximately 200,000-member DGSN or national police, organized under the Ministry of Interior, share responsibility for maintaining law and order. The army is responsible for external security, guarding the country’s borders, and has some domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces.

Since February 22, citizens have held weekly nationwide protests, demanding political change. The scale and geographic spread of protests were the largest since the end of the country’s civil war in 2002. Despite sporadic clashes with protestors and occasional use of tear gas and rubber bullets, government forces exhibited restraint with only one death reported.

Significant human rights issues included: reports of one unlawful or arbitrary killing; arbitrary detention; political prisoners; lack of judicial independence and impartiality; unlawful interference with privacy; laws prohibiting certain forms of expression, as well as criminal defamation laws; limits on freedom of the press; site blocking; restrictions on the freedom of assembly and association including of religious groups; refoulement of refugees to a country where they would face a threat to their life or freedom; corruption; trafficking in persons; the criminalization of consensual same sex sexual conduct and security force sexual abuse of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government took steps to investigate, prosecute, or punish public officials who committed violations, especially corruption. Impunity for police and security officials remained a problem, but the government provided information on actions taken against officials accused of wrongdoing.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of an estimated 77 percent of the country’s advertising money in newspapers and magazines and 15 percent of billboard revenue and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.

Freedom of Expression: While public debate and criticism of the government were widespread, journalists and activists believed they were limited in their ability to criticize the government publicly on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, including the use of the Berber flag during protests, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.

NGOs reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.

Press and Media, Including Online Media: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. The ANEP stated in September that it represented 77 percent of the total advertising market. Nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP added it wished to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.

Police arrested blogger Merzoug Touati in 2017 on charges stemming from his online publication of an interview with a former Israeli diplomat. In May 2018 a court sentenced him to 10 years in prison. In June 2018 an appeal trial reduced his sentence to seven years. On March 4, the second judgement was annulled, and he was retried in a court in Skikda, resulting in a two-year prison sentence and a three-year suspended sentence, allowing for his release.

Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.

Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.

In September the Ministry of Communication stated there were 265 accredited written publications. Of the daily printed publications, the ministry stated six were state-operated.

The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. Regulations require the shareholders and managers of any radio or television channel to be citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”

The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, there were 13 accredited foreign press agencies reported during the year. In addition, seven private domestic television channels, 13 foreign broadcasting channels, and one foreign radio station–the BBC–operated throughout the year.

The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials for fear of losing revenue from ANEP.

On June 12, authorities blocked access to the IP address for Tout sur lAlgerie (TSA), a news site, which had also been blocked in 2017. Authorities also blocked news websites Algerie Part and Inter-Lignes on June 15 and July 31, respectively. The day following the block on Inter-Lignes, former minister of communication, Hassan Rabehi, and former president of the National People’s Congress, Karim Younes, denounced the blocking of TSA and Inter-Lignes websites and the pressure the government had placed on the media.

During a media interview, Omar Belhouchet, the editor of El Watan, an independent daily newspaper, said that media companies self-censor regarding certain topics. According to Belhouchet, the government has a monopoly on advertising that it uses to punish those who criticize the government.

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and said the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from 100,000 to 500,000 Algerian dinars ($850 to $4,252). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.

Printed editions of the monthly news magazine Jeune Afrique have not been available in the country since April 23. At the end of March, the distributor received a notification from the Ministry of Communication to stop importing Jeune Afrique and other titles published by Jeune Afrique Media Group (The Africa Report and La Revue). The ministry authorized the import of only 350 copies of Jeune Afrique for delivery to various institutions. Jeune Afrique online remained available.

The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.”

The government monitored certain email and social media sites.

Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.

There was some disruption of communication prior to planned antigovernment demonstrations during the year, namely internet shutdowns, the blocking of access to certain online news sites and social media platforms, and the restricting or censorship of content. In March parts of the country experienced internet outages during a hirak protest. On September 14, internet access was also restricted in parts of the country during hirak protests.

The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of Internet Service Providers (ISPs) to cooperate with authorities. Under the law, the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.

By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($425 and $4,252) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.

On August 8, YouTube and several Google websites and services were blocked nationwide for several hours. This block immediately followed the online publication of a video in which former minister of defense, Khaled Nezzar, called on the army to “realize the demands of the people.”

For a third year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school examinations. The decision was in response to previous leaks of examination materials, which were posted on social media.

Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives the authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”

A January 2017 prime minister’s decree clarified the process for the Ministry of Culture’s review of imported books, both in print and electronic form. According to the decree, importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (Veterans of the Revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After making a determination, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.

A 2017 decree established a commission within the Ministry of Religious Affairs to review imports of the Quran. This decree requires all applications to include a full copy of the text and other detailed information. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the application. A separate 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period of time is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.

b. Freedoms of Peaceful Assembly and Association

Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.

Freedom of Peaceful Assembly: The constitution provides for the right of peaceful assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers.

The ongoing hirak protest movement, which began on February 22, consists of mass, peaceful protest marches taking place every Tuesday and Friday in many locations throughout the country. Hundreds of thousands of individuals have marched peacefully demanding political reforms. The marches occurred mostly without incident, although police at times used tear gas and water cannons as methods of crowd control.

Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases, the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.

In July, the Algerian League for the Defense of Human Rights (LADDH) and 15 representatives from other NGOs gathered at a hotel in Oran to discuss migration. Security services prevented the meeting from taking place “in the absence of an official authorization.” The attendees moved their meetings elsewhere and were followed by police who ordered them to disperse.

Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.

In September a group of military veterans organized a protest in Algiers, prompting a crackdown by authorities. Press reported 107 protestors were injured along with 51 police and gendarmes.

Freedom of Association: The constitution provides for the right of association, but the government restricted this right.

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($17 and $43) and up to six months’ imprisonment.

According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.

The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.

Many organizations reported that they never received a deposit slip and that even with the receipt; it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.

The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the LADDH, the National Association for the Fight against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 109,000 local and 1,532 national associations registered as of September, including 628 registered since January unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of these rights.

The government generally cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government should members of these groups travel outside of Algiers wilaya (province), El-Oued, and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.

Foreign Travel: The constitution states that the right to enter and exit the country is provided to citizens. The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.

Not applicable

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: In June the Associated Press (AP) reported that the government had forced an estimated 13,000 migrants over the previous 14 months to walk from Guezzam, Algeria, to Assamakka, Niger, as part of the repatriation process. According to AP reports, some migrants died during the 20-kilometer desert march.

According to UNHCR’s March report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five large refugee camps in Tindouf and ran two other smaller camps near Tindouf, one surrounding a women’s boarding school and another used for administrative purposes. The government also protected a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included predominantly Syrians, (an estimated 85 percent), as well as Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees.

The International Organization for Migration (IOM) reported in July that officials were deporting an estimated average of 1,000 migrants to Niger per month. International organizations reported that authorities continued to leave deportees at the Algerian/Niger border near Guezzam, Algeria or Assamakka, Niger, where migrants were forced to walk 250 km (155 miles) to the nearest town of Agadez.

There were reports that during government roundup operations of suspected migrants, some of those detained were raped, suffered sexual harassment, or both and that unaccompanied minors were sometimes rounded up and taken to the border for expulsion. Similarly, a diplomat from Burkina Faso was reported to have been rounded up and sent to the Nigerien border.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into the country across the Malian border inconsistent with traditional migratory movements. During the year the government deported migrants to Mali. Unlike in previous years, the government expelled some Syrians who the government claimed had been combatants in Syria’s civil war and were involved in networks assisting other Syrians to relocate to Algeria. These Syrians, as well as Yemeni and other nationals, were deported to Niger according to press reports.

According to the IOM, the government repatriated 5,348 migrants to Niger and deported 6,090 migrants to Niger, for a total of 11,438 from January to July, pursuant to a bilateral agreement at the request of the Nigerien government. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination among the Algerian Red Crescent, the government of Niger, and the Red Cross of Niger. The National Human Rights Committee (CNDH) stated the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). The repatriations were conducted in coordination with consular officials from the countries of origin of the migrants, but the migrants were not permitted to challenge their removal. The government stated that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed. Air Algerie signed an agreement with the IOM agreeing to provide charter flights for humanitarian supplies and migrants returning voluntarily.

The Ministry of Interior reported in March to a Senate session that approximately 500 illegal migrants try to enter the country daily along the country’s southern borders.

Access to Asylum: While the law provides generally for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.

UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.

Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.

Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five camps near the city of Tindouf, administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario). The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education, while the government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants turned away.

School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at healthcare facilities.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara. The IOM leads an “Assisted Voluntary Return and Reintegration” program to help migrants return to their homes willingly with economic and social support, including personalized professional training and other socioeconomic assistance. Although the government is not a financial donor to the initiative, they do cooperate.

Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians, 7,000 registered as of September, and Malians.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Restrictions on freedom of assembly and association as well as restrictions on political party activities inhibited the activity of opposition groups.

The law states that members of local, provincial, and national assemblies are elected for five-year terms and that presidential elections occur within 30 days prior to the expiration of the presidential term. Presidential term limits, which were eliminated in 2008, were reintroduced in a 2016 revision of the constitution and limit the president to two five-year terms. The Ministry of Interior is responsible for organizing the election and voting processes. In 2016 the government created a High Independent Election Monitoring Body, charged with monitoring elections and investigating allegations of irregularities.

Recent Elections: The country’s held presidential elections on December 12, after two previous failed attempts. Former prime minister Abdelmadjid Tebboune was elected with 58 percent of the vote, meeting the majority needed to avoid holding a second round. The National Independent Authority for Elections reported that 40 percent of approximately 24 million voting-eligible citizens participated. Tebboune was sworn in as president on December 19. There were no international observers.

The 2017 elections for the lower chamber of parliament did not result in significant changes in the composition of the government. The government allowed international observation of the elections but did not permit local civil society organizations to do the same. Most major opposition parties lost seats in the elections, and several parties claimed the results were significantly altered by fraud. Foreign observers from the African Union, Organization of Islamic Cooperation, and Arab League characterized the elections as largely well organized and conducted without significant problems on election day. Local media outlets reported that a team of European Union elections experts provided the government a report noting a lack of transparency in vote counting procedures, but the report was not made public. In 2017 Algerian National Front party leader Moussa Touati stated that his party paid bribes in order to secure its single seat in parliament. Several opposition political parties claimed voter turnout figures were inflated and that the results were fraudulent.

The law does not place significant restrictions on voter registration, but observers claimed that implementation of voter registration and identification laws proved inconsistent and confusing during past elections.

Political Parties and Political Participation: The Ministry of Interior must approve political parties before they may operate legally.

The government maintained undue media influence and opposition political parties claimed they did not have access to public television and radio. Sometimes security forces dispersed political opposition rallies and interfered with the right to organize. During popular protests against the government, security forces sometimes dispersed demonstrations when protesters came near to government buildings.

Pursuant to the constitution, all parties must have a “national base.” The electoral law adopted by parliament in 2016 requires parties to have received 4 percent of the vote in the preceding election or to collect 250 signatures in the electoral district in order to appear on the ballot. Opposition parties from across the political spectrum criticized the new law for creating a more complex process for qualifying for the ballot, as well as for establishing an electoral monitoring body whose members would be appointed by the president and parliament, which is controlled by a coalition headed by the president’s party.

The law prohibits parties based on religion, ethnicity, gender, language, or region, but there were various political parties commonly known to be Islamist, notably members of the Green Alliance. According to the Ministry of Interior, in September there were 70 registered political parties, unchanged from 2018. The ministry reported 14 parties applied for registration during the year, and the ministry approved four requests. Parties must hold a party congress to elect a party leader and confirm membership before the Ministry of Interior will count them as a registered party. The ministry explained that though it approved new parties, these organizations did not hold their congresses yet.

The law does not place significant restrictions on voter registration.

Membership in the Islamic Salvation Front, a political party banned since 1992, remained illegal. The law also bans political party ties to nonpolitical associations and regulates party financing and reporting requirements. According to the law, political parties may not receive direct or indirect financial or material support from any foreign parties. The law also stipulates the collection of resources from domestics contributions by the party’s members, donations, and revenue from its activities, in addition to possible state funding, must be reported to the Ministry of Interior.

Opposition party leaders complained that the government did not provide timely authorizations to hold rallies or party congresses.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate. The law requires parties to ensure that at least 30 percent of the candidates on their electoral lists are women.

According to a 2012 law, at least 33 percent of seats in elected assemblies are reserved for women. Due to this law, after the legislative elections of 2012, the proportion of women in the National People’s Assembly (APN) increased from 8 percent to 32 percent of seats (146 out of 462). The 2017 legislative elections, however, resulted in women holding only 26 percent of seats in the APN, despite the quota.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties of two to 10 years in prison for official corruption, but the government did not fully implement the law. Corruption remained a problem, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The criminal code stipulates that only the board of directors of the institution concerned may initiate charges related to theft, embezzlement, or loss of public and private funds against senior, public sector “economic managers.” Critics of the law asserted that by permitting only senior officials of state businesses to initiate investigations, the law protects high-level government corruption and promotes impunity.

Corruption throughout the government stemmed largely from a lack of transparent oversight. The National Association for the Fight against Corruption noted the existence of an effective anticorruption law but stated that the government lacked the “political will” to apply the law.

Between April and June, authorities arrested at least 34 former government officials and wealthy businessmen on charges of corruption. In April authorities arrested then president Bouteflika’s brother, Said Bouteflika for “undermining authority and conspiring against the state.” In June authorities arrested former prime ministers Ahmed Ouyahia and Abdelmalek Sellal, the highest-level officials to be arrested since Bouteflika’s resignation. Ouyahia faced charges of “abuse of official position and illegal authorizations of public funds.” Sellal was charged with “abuse of public funds,” “abuse of power,” and “illegal favoritism.” In August authorities arrested former minister of justice, Tayeb Louh, for various tactics used to protect high-level officials and powerful businessmen, often in the president’s circle, from corruption charges. Corruption cases in the private sector began with the arrest of Ali Haddad, chief executive officer (CEO) of the ETRHB Group, who was detained in March while attempting to cross the Tunisian border with undeclared currency and two passports. In June a court in Algiers sentenced Haddad to six months in prison and a fine of 50,000 dinars ($418). In April the CEO of the Cevital Group, Issad Rebrab, as well as Kouninef brothers Reda, Abdelkader Karim, Noah, and Tarek faced charges such as using “insider influence to obtain undue advantages and misappropriation of real estate” and receiving unwarranted tax and custom breaks.

Financial Disclosure: The law stipulates that all elected government officials and those appointed by presidential decree must declare their assets the month they commence their jobs, if there is substantial change in their wealth while they are in office, and at the end of their term. Few government officials made their personal wealth public, and there was no known enforcement of the law.

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

A variety of domestic human rights groups operated with varying degrees of government restriction and cooperation. The law requires all civil associations to apply for operating permission, and at year’s end several major civil associations remained unrecognized but tolerated.

Amnesty International maintained an office and actively reported on human rights issues, but it did not receive official authorization to operate from the Ministry of Interior. Amnesty International has received authorization to open a bank account, although the organization awaits final documentation from the government to open the account.

Although the government did not renew the accreditation of LADDH, the organization had members countrywide, received independent funding, and was one of the most active independent human rights groups. The Algerian League for Human Rights, a separate but licensed organization based in Constantine, had members throughout the country monitoring individual cases.

The United Nations or Other International Bodies: The government extended an invitation to the UN Working Group on Enforced or Involuntary Disappearances in 2014 and again in 2015, but no visit occurred. The country joined the Human Rights Council in 2014 but continued to deny requests for visits from the UN special rapporteurs on extrajudicial executions (pending since 1998) and counterterrorism and human rights (pending since 2006), the UN Working Group on arbitrary detention (pending since 2009), and the UN Security Council Mali Panel of Experts on Sanctions (since 2016).

Government Human Rights Bodies: In 2016 the government replaced the National Consultative Commission for Promotion and Protection of Human Rights with the National Human Rights Council (CNDH). The CNDH has budget autonomy and the constitutional responsibility to investigate alleged human rights abuses, officially comment on laws proposed by the government, and publish an annual report. The CNDH completed its first annual report in November and presented it to then Interim President Abdelkader Bensalah but has not published the report to the public yet. The previous entity had presented its first draft report to President Bouteflika, but the report had not been made public by year’s end. During the year, the CNDH organized seminars and workshops on topics such as penitentiary reform and trafficking in persons. The CNDH reports receiving 687 complaints of human rights abuses during the year, of which it has investigated 638 as of September. A CNDH representative said the organization viewed the most serious human rights concerns as limits on socioeconomic rights, as well as limits on free speech.

The government also maintained cooperation with the Algerian Red Crescent Society, a local humanitarian volunteer organization officially recognized by the International Red Cross and Red Crescent Movement. The local group collaborates with the Ministry of Health, providing medical assistance and analyses to vulnerable groups, including refugees and migrants. The Algerian Red Crescent also promotes tolerance via cultural events supporting migrants, such as Christmas-related events, work to protect vulnerable children, and distribution of food and supplies for education and sanitation.

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

Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years, and, although sex crimes are rarely reported owing to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud.

Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine that the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.

For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 1,734 logged cases of violence against women. According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women died each year from domestic violence. The government maintained two regional women’s shelters and plans to open two additional shelters in Annaba by the end of the year. These shelters assisted with approximately 300 cases of violence against women during the year. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.

On August 8, a man killed his wife at the home of her parents following a marital dispute. The victim, a teacher and mother of three, was found by her family and transported to the local hospital, where she died from severe blood loss. The husband was arrested and placed in pretrial detention pending his appearance in court.

During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.

In February 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. They were working to translate the database into Arabic. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian Government.

Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine of dinars 50,000 to 100,000 ($425 to $850); the punishment doubles for a second offense. Women’s groups reported that the majority of reported cases of harassment occurred in the workplace.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition, some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce, the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.

Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Birth registration: The mother or father may transmit citizenship and nationality. By law, children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.

Child Abuse: Child abuse was illegal but was a serious continued problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights.

Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.

Early and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor under age 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor.

The law established a national council to address children’s issues, gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country’s Jewish population numbered fewer than 200 persons.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.

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

The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).

The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.

The Ministry of National Solidarity, Family, and Women reported that it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities–down from 242 the previous year.

The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools.

Many persons with disabilities faced challenges in voting due to voting centers that lacked accessible features.

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine of dinars 1,000 to dinars 10,000 ($8.50 to $85). The law also stipulates penalties that include imprisonment of two months to two years and fines of dinars 500 to dinars 2,000 ($4.25 to $17) for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine of dinars 10,000 ($85). LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials assert that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members said that obtaining legal assistance was also a challenge due to similar discrimination.

On February 10, a medical student who had previously shared his LGBTI status on Facebook was killed in his university residence. Alouen, an LGBTI activist group, called the attack a “homophobic hate crime,” because the two assailants, reportedly peers of the victim, wrote “He is gay” on the crime scene wall in the victims’ blood. The incident sparked a protest of several hundred students as well as criticism from the media and civil society groups regarding both homophobia and security on university campuses.

Members of the LGBTI community reported that forced marriage was a problem, particularly for lesbian women.

During the year authorities blocked LGBTI NGOs from organizing meetings. The NGOs reported harassment and threats of imprisonment by government authorities.

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government said it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community.

The government’s National AIDS Committee met twice during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

Academics and activists said that sub-Saharan African migrants sometimes faced discrimination and that there were tensions in some communities between the native and migrant populations.

On February 5, a 22-year-old Zimbabwean student was stabbed and killed, sparking a protest by dozens of sub-Saharan students demanding justice. The students told reporters that foreign students regularly face aggression and assault from local citizens.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides workers with the right to join and form unions of their choice, provided they are citizens. The country has ratified the International Labor Organization’s (ILO) conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully.

The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To found a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of antiunion practices by employers.

The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example, the General Union of Algerian Workers (UGTA), which represented a majority of public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements.

The law provides for the right to strike, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on a number of grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for violations of the rights of union members are not sufficient to deter violations. The law says any firing or other employment action based on discrimination against union members is invalid. The government did not effectively enforce these laws.

The government affirmed there were 81 registered trade unions and employers’ organizations, down from 101 in 2018. The government registered 21 new trade unions between January and September, for a net loss of 20 trade unions, likely due to mergers and smaller unions losing members. The government did not approve an application from the Confederation of Autonomous Unions, a group of 13 autonomous unions, to operate as one union. The National Council of Algerian Journalists received accreditation from the Ministry of Labor in July. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles imposed by the government as the primary obstacles to establishing legal status. In May the government hosted a visit from an ILO High-Level Mission to explore adherence to Convention 87, the Freedom of Association and Protection of the Right to Organize. The ILO mission met with the Ministry of Labor and some unions. In 2017 the ILO Committee of Experts on the Application of Conventions and Recommendations reiterated that the lengthy registration process seriously impedes the establishment of new unions.

Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country.

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial persecution of trade union leaders had intensified.

The Committee on the Application of Standards at the International Labor Conference again reviewed the country’s adherence to Convention 87 in June. The committee issued a number of recommendations to encourage the country to continue to promote freedom of association and organizing rights. In June the committee requested the government to reinstate employees that the committee determined were fired based on antiunion discrimination and to process expeditiously pending trade union registration applications.

There were several strikes launched in reaction to the government’s refusal to extend official recognition to fledgling new unions and its practice of engaging only with the UGTA.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Designated penalties under this statute were sufficiently stringent to deter violations. Construction workers and domestic workers were reportedly vulnerable. The government did not effectively enforce the law.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations, yet the country has not determined by national law or regulation the types of work that are hazardous for children. The country does not bar all of the worst forms of child labor. Under the law there is no legislative provision prohibiting the use, procuring, or offering of a child under 18 years of age for the production and trafficking of drugs. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers under age 19 from working at night. The ILO noted, however, that the country’s standard of “night” for children is only eight hours, less than the 11 hours recommended by the ILO.

Although specific data was unavailable, children reportedly worked mostly in the informal sales market, often in family businesses. There were isolated reports that children were subjected to commercial sexual exploitation. From January 1 to July 13, the national Body for the Protection and Promotion of Childhood received 760 reports of violations of the rights of children, which focused on economic exploitation and begging, along with abuse, violence, and abandonment.

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and, in some cases, investigated companies suspected of hiring underage workers. From March 18 until April 8, the ministry’s Labor Inspector Service conducted inspections into child labor of 9,748 business–down from 11,575 businesses the previous year. It reported the discovery of four minors–down from 12 the year before. The law for the protection of the child criminalizes anyone who economically exploits a child with; the penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes. Monitoring and enforcement practices for child labor were ineffective and hampered by an insufficient number of inspectors to examine the formal and informal economy.

The Ministry of National Solidarity, Family, and Women leads a national committee composed of 12 ministries and NGOs that meets yearly to discuss child labor issues. The committee was empowered to propose measures and laws to address child labor as well as conduct awareness campaigns.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin, and affiliation with a union.

Women reported facing employment discrimination with job offers being extended to less qualified male applicants. Leaders of women’s organizations reported that discrimination was common, and women were less likely to receive equal pay for equal work or promotions.

Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. As of September the Ministry of Labor audited 160,218 organizations and found that 2,389 companies did not respect the 1-percent quota. The government gave 89 organizations formal notices to abide by the law. The ministry has not confirmed receipt of fine payment.

The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions.

Men held a large percentage of positions of authority in government and the private sector. NGOs reported instances in which unaccompanied migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

e. Acceptable Conditions of Work

A tripartite social pact among business, government, and the official union established a national, monthly minimum wage which is above the poverty income level.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday.

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not formally allow refugee employment or adequately cover migrant laborers; therefore, many economic migrants from sub-Saharan Africa and elsewhere who worked in the informal sector, primarily in construction and as domestic workers, were at risk of labor exploitation due to their lack of legal status.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. Penalties for noncompliance are insufficient to deter violations. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering. The government did not effectively enforce the law.

The Labor Ministry did not employ sufficient inspectors to deter violations.

Angola

Executive Summary

Angola is a constitutional republic. In August 2017 the ruling Popular Movement for the Liberation of Angola (MPLA) party won presidential and legislative elections with 61 percent of the vote. MPLA presidential candidate Joao Lourenco took the oath of office for a five-year term in September 2017, and the MPLA retained a supermajority in the National Assembly. Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. The Constitutional Court rejected opposition parties’ legal petitions alleging irregularities during the provincial-level vote count and a lack of transparent decision-making by the National Electoral Commission.

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Criminal Investigation Services (SIC), also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The Angolan Armed Forces (FAA) are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda. Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by government security forces; arbitrary detention by security forces; political prisoners; refoulement of refugees; corruption, although the government took significant steps to end impunity for senior officials; crimes of violence against women and girls, which the government took little action to prevent or prosecute; trafficking in persons; and crimes involving societal violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although parliament passed landmark legislation prohibiting discrimination against LGBTI persons.

The government took significant steps to prosecute or punish officials who committed abuses. It also dismissed and prosecuted cabinet ministers, provincial governors, senior military officers, and other officials for corruption and financial crimes. Nevertheless, accountability for human rights abuses was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and government corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press. State media continued to be the country’s primary source for news and generally reflected a progovernment view. Nevertheless, individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media, Including Online Media: Private radio and print media criticized the government openly and access to private media was expanding to outside the capital. For example, the private Catholic radio station Radio Ecclesia expanded its coverage from one to 15 provinces, and private media were on the internet. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives and social problems reflecting poor governance during the year. The TPA continued to broadcast plenary sessions of the National Assembly live, including interventions by opposition parties. The channel also continued to invite opposition politicians and civil society members to comment live on stories featured on the nightly news, but private stations were prohibited from filming parliament. Opposition parties also received far less overall coverage on state media than did the ruling party.

Violence and Harassment: Journalists reported fewer incidents of violence or harassment compared with the previous year.

On June 20, relatives of the defendants in the court case of former minister of transportation Augusto Tomas and four others charged with corruption threatened the journalists covering the event while they were in the lobby awaiting the beginning of the court session. In response the head of the Angolan Journalists Union urged his colleagues to press charges against those who try to intimidate journalists.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA), a body mandated to license and delicense journalists and determine what constitutes appropriate media content, remained largely inactive.

Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

Libel/Slander Laws: Defamation is a crime for which conviction is punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused the right of reply.

The law mandates ERCA to determine what constitutes appropriate media content, including online content. The government did not, however, restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal oversight.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the right of peaceful assembly, and the government increasingly respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but it permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic, or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays. The number of antigovernment protests increased during the year, and the government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police, who prevented them from holding their event or limited their march route. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

In July seven activists from the Revolutionary Movement were detained, tried, and convicted in Benguela for protesting in front of Lobito city hall to demand access to clean water. They were convicted of violating the constitution’s provisions for failing to communicate their intention to protest and for contempt of law enforcement. The court imposed a five-month prison sentence that could be suspended in lieu of payment for a fine. The activists were released a few days following the sentencing with each paying a fine of 76,000 kwanzas ($208).

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem; however, NGOs that had not yet received registration were allowed to operate. The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for projects and other activities. Authorities generally permitted opposition parties to organize and hold meetings.

A 2012 law on private associations and a 2002 presidential decree regulate NGOs. Despite civil society complaints that requirements were vague, the Ministry of Justice and Human Rights was active in providing information on registration requirements.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, in spite of an incremental drop in cases, some police officers continued to extort money from civilians at checkpoints and during regular traffic stops. Reports from the diamond-mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

Not Applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government generally 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, stateless persons, or other persons of concern.

There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the Democratic Republic of the Congo (DRC). The government failed to provide adequate protection for asylum seekers and urban refugees.

In November 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign continued throughout the year. It acutely affected both legal and undocumented migrants, refugees, and stateless persons who rely on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. Political opposition parties and civil society organizations also criticized the operation for restricting religious freedom, including the closure of an estimated 2,500 places of worship.

The government did not implement key elements of the 2015 asylum law, which impeded refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and government discrimination against those communities.

The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist refugees. In August and September, the government supported a voluntary spontaneous repatriation of more than 15,000 refugees from Lunda Norte to the DRC. The government cooperated with UNHCR and the government of the DRC to respond to the humanitarian crisis and provided transportation for the spontaneous returnees. UNHCR estimated more than 8,000 refugees remained at its Lovua, Lunda Norte, resettlement camp.

Access to Asylum: The 2015 asylum law provides for the granting of asylum or refugee status, but the law had not been implemented. The law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, at year’s end the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or ripped up their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province and cited such restrictions a factor motivating them to return to the DRC.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. A general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard compounded the difficulties.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: In August 2017 the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote. In September 2017 the country inaugurated MPLA party candidate Joao Lourenco as its third president since independence.

Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. Opposition parties complained to the Constitutional Court aspects of the electoral process, including the National Electoral Commission’s lack of transparent decision making on key election procedures and perceived irregularities during the provincial-level vote count. The court rejected opposition appeals, citing a lack of evidence. The court concluded that members of the two opposition parties, the National Union for the Total Independence of Angola (UNITA) and the Social Renewal Party, forged election documents submitted in support of their appeals, a crime for which conviction carries a penalty of two to eight years’ imprisonment and a monetary fine. The court referred the matter to the public prosecutor, but at year’s end there were no additional details on the investigation.

The central government appoints the provincial governors, and the constitution does not specify a timeline for implementing municipal-level elections.

Political Parties and Political Participation: The ruling MPLA party dominated all political institutions. Political power was concentrated in the presidency and the Council of Ministers, through which the president exercised executive power. The council may enact laws, decrees, and resolutions, assuming most functions normally associated with the legislative branch. The National Assembly consists of 220 deputies elected under a party list proportional representation system. The National Assembly has the authority to draft, debate, and pass legislation, but the executive branch often proposed and drafted legislation for the assembly’s approval. The MPLA retained its supermajority in the National Assembly in the 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Political parties must be represented in all 18 provinces, but only the MPLA, UNITA, and the Broad Convergence for the Salvation of Angola Electoral Coalition (CASA-CE), to a lesser extent, had truly national constituencies. In August CASA-CE founder Abel Chivukuvuku left the party to establish a new political party tentatively named the Angolan Renaissance Party. By law no political party may limit party membership based on ethnicity, race, or gender.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate. Of the 220 deputies in the national assembly, 59 were women. Only two of 18 provincial governors were women, and only 12 of 32 cabinet ministers were women. Some observers believed traditional and cultural factors prevented women from participating in political life to the same extent as men. The country has multiple linguistic groups, many of which were represented in government.

Section 4. Corruption and Lack of Transparency in Government

On January 23, the government approved a new penal code on corruption that directly regulates modern financial crimes and increases penalties for corrupt officials. At year’s end the new penal code had not entered into force. During the year President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Official impunity and the uniform application of anticorruption legislation, however, remained a serious problem. President Lourenco continued to stress that ending impunity for corruption was among his administration’s top priorities.

Corruption: Government corruption at all levels was widespread, but accountability improved incrementally due to increased focus on developing better checks and balances and institutional capacity. On February 23, the PGR reported 604 cases involving public officials and political leaders suspected of corruption. Several high-profile cases including that of the son of the former president, Jose Filomeno dos Santos, the director of security and counterintelligence general Antonio Jose Maria, and former Luanda governor and current member of parliament (MP) Higino Carneiro were all under investigation or awaiting trial.

On August 16, former minister of transport Augusto da Silva Tomas was sentenced to 14 years in prison for embezzlement, misappropriation of public funds, abuse of power, and violating budgeting standards at the National Council of Shippers, a state international shipping regulator. Tomas was tried along with four former shipping officials, three of whom also received sentences ranging from 10 to 12 years.

On December 30, the Luanda Provincial Court preemptively froze all Angolan accounts and assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets originated from state funds obtained unlawfully. At year’s end the government had yet to file any criminal charges.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in January 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. Government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law on public probity vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the Financial Court for prosecution. There were no known cases related to this law during the year.

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

A variety of domestic and international human rights groups operated throughout the country. Some of those investigating government corruption and human rights abuses alleged government interference in their activities particularly in provinces outside of Luanda. Civil society organizations faced fewer difficulties in contacting detainees than in previous years, and prison authorities permitted civil society work in the prisons.

The Law of Associations requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive.

The government allowed local NGOs to carry out human rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subject to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports includes only representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe it was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office did not cover the entire country and had neither decision-making nor adjudicative powers, but it helped citizens obtain access to justice, advised government entities on citizen rights, and published reports.

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

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment if convicted. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse. According to a survey conducted by the country’s National Statistics Institute, one in every five women suffered domestic physical violence “frequently or from time to time” during the year, and 31 percent of women between the ages of 15 and 49 reported experiencing domestic violence at some point in their lives.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations the latter practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft. On July 18, a woman killed her 11-year-old niece in Ramiros, Luanda, as part of a witchcraft ritual. At year’s end she was in the custody of SIC.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively as societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions.

The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial government information campaign on women’s rights and domestic abuse, and hosted national, provincial, and municipal workshops and training sessions.

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately. According to the 2014 census, approximately 13.7 million citizens (46 percent of the population) lacked birth registration documents. During the year the government continued programs to improve the rate of birth registration through on-site registries located in maternity hospitals in all 18 provinces and the training of midwives in rural areas to complete temporary registration documents for subsequent government conversion into official birth certificates. The government permitted children to attend school without birth registration, but only through the sixth grade.

Education: Education is tuition free and compulsory for documented children through the sixth grade. Students in public schools often faced significant additional expenses such as books or irregular fees paid directly to education officials in order to guarantee a spot. When parents were unable to pay the fees, their children were often unable to attend school. The Ministry of Education estimated that one to two million children did not attend school, because of a shortage of teachers and schools.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse due lack of capacity within institutions to provide appropriate care. The Ministry of Social Affairs, Family and Promotion of Women offers programs for child abuse victims and other vulnerable children. Nevertheless, nationwide implementation of such programs remained a problem.

Early and Forced Marriage: The legal age for marriage with parental consent is 15 for girls and 16 for boys. The government did not enforce this restriction effectively, and the traditional age of marriage in lower income groups coincided with the onset of puberty. According to UNICEF, 6 percent of men aged 20-24 were married or in union before age 18, 30 percent of women aged 20-24 were married or in union by 18, and 7 percent of women aged 20-24 were married or in union by age 15.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern regarding the commercial sexual exploitation of children, which remained a problem. The penal code, approved by parliament in January, but yet to be published, prohibits the use of children for the production of pornography.

Sexual relations between an adult and a child younger than 12 are considered rape, and conviction carries a potential penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 are considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-data.html.

There is a Jewish community of approximately 350 persons, primarily resident Israelis. There were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society regarding disability; and encourage learning and training opportunities for persons with disabilities. The Law of Accessibilities requires changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities. The law also institutes a quota system to encourage the public and private sectors to employ more persons with disabilities. Civil society organizations and persons with disabilities, however, reported the government failed to enforce the law, and significant barriers to access remained.

Persons with disabilities included more than 80,000 survivors of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Social Assistance, Families, and Women’s Promotion sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. The estimated 14,000 members of the San indigenous group who are scattered among the southern provinces of Huila, Cunene, Kuando Kubango, and Moxico lacked adequate access to basic government services, including medical care, education, and identification cards and suffered discrimination, according to a credible NGO. The same NGO reported that well-connected individuals confiscated land from the San, leading many San to rent from the new landowners or work as indentured servants; however, the report was unclear how recently the confiscation occurred. At year’s end the land had not been returned.

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. On January 23, the National Assembly passed a new penal code that decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation. At year’s end the penal code, which parliament passed in January, had not been published or entered into force.

Local NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals.

Discrimination against LGBTI individuals was rarely reported, and when reported, LGBTI individuals asserted that sometimes police refused to register their grievances. The association continued to collaborate with the Ministry of Health and the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTI community.

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons with the condition or disease. There were no news reports of violence against persons with HIV/AIDS. Reports from local and international health NGOs suggested discrimination against individuals with HIV/AIDS was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces, police, firefighters, members of sovereign bodies, and public prosecutors to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must negotiate with their employer for at least 20 days prior to a work stoppage. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law prohibits employer retribution against strikers, but it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Employment, and Social Security had a hotline and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year.

In January, April, and May, workers of the state-owned Luanda Railways staged several strikes demanding better working conditions and salaries. On May 13, police wounded at least 12 strikers who blocked a train that was operating as part of the legally required minimum train service. Three strikers were detained and fined. Strikers also alleged police coerced several strikers to return to work. Some, but not all, of the union’s demands were met following the strike.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the labor code and labor contracts, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Employment, and Social Security mandated government worker wages with no negotiation with the unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and sets sufficiently stringent penalties.

The government did not effectively enforce the law due in part to an insufficient number of inspectors and to systemic corruption.

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond-mining sectors, particularly in Lunda Norte and Lunda Sul Provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. The government continued to make use of a training video for law enforcement and immigration officials that included a short segment on how to identify victims of trafficking, although this was not the sole objective of the film. INAC continued working to reduce the number of children traveling to agricultural areas in the country’s southern regions to work on farms, mostly through community outreach concerning the importance of an education.

Forced child labor increased in the southern provinces that suffered a severe drought during the year. In certain villages in Cunene, children were forced to leave school and to work as herders or to dig wells and fetch water.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children can work from age 14 to age 16 with parental permission, or without parental consent if they are married, and the work does not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Employment, and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws. The Ministry of Labor continued to implement its National Action Plan for the Eradication of Child Labor for 2018-22, which aims to map the most prevalent zones and types of child labor in the country to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. An interministerial commission to combat trafficking in persons and child labor was created in 2014 to coordinate enforcement actions. The government had difficulty monitoring the large informal sector, where most child labor occurred.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties were generally sufficient to deter violations. The government did not consistently enforce the law, however; child labor, especially in the informal sector, remained a problem. In the first trimester of the year, INAC registered 700 cases of hazardous child labor involving the handling of chemicals, stones, and bricks and reported the cases to law enforcement. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor.

Children engaged in economic activities such as agricultural labor on family farms and commercial plantations–particularly in orchards–as well as in fishing, brick making, artisanal diamond mining, charcoal production, domestic labor, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to act as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda, but many returned during the weekends to some form of dwelling in Luanda or outlying cities. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well (see section 6).

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The International Labor Organization noted the law did not clearly define discrimination, however. The constitution prohibits all forms of discrimination, although it does not specifically address sexual orientation or gender identity (see section 6). On January 23, the National Assembly passed a penal code that decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation. At year’s end the penal code, which parliament passed in January, had not been published or entered into force. The law provides for equal pay for equal work, but gender pay disparities in the country were among the highest in the world. Women held ministerial posts.

The government did not effectively implement the law. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

Discrimination against foreign workers also occurred.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in woman-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a bonus amounting to 50 percent of monthly salary to employees each year in December and an annual vacation. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Employment, and Social Security. Labor law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector, and penalties were sufficient to deter violations. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

A 2016 presidential decree established minimum employment standards for domestic workers, including national minimum wage protection, an eight-hour work day for domestic workers living outside of their employer’s home, a 10-hour work day for domestic workers living inside their employer’s home, compulsory employer contributions to a domestic worker’s social security protection, and maternity and holiday allowances. The Ministry of Public Administration, Employment, and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Some companies received advance warning of impending labor inspections.

The labor law requires a safe work environment in all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions and may file a formal complaint with the Ministry of Public Administration, Employment, and Social Security if employers insist they perform hazardous tasks. The government enforced occupational safety and health standards and investigated private company operations based on complaints made by NGOs and labor unions. On May 27, the General Labor Inspector of Lunda Sul reported that 10 companies were charged and fined for violating health and safety labor laws in the first quarter of the year.

Benin

Executive Summary

Benin is a stable constitutional presidential republic. In 2016 voters elected Patrice Talon to a five-year term as president in a multiparty election, replacing former president Thomas Boni Yayi, who served two consecutive five-year terms. During the year authorities held legislative elections in which no opposition party was deemed qualified to participate after failing to meet registration requirements implemented in 2018, effectively excluding them from the elections. As a result voter turnout declined from 65 percent in 2015 to 27 percent; the pro-Talon Progressive Union and Republican Block parties continued to hold all 83 seats in the National Assembly. Unlike in 2015, when the last legislative elections were held, international observers did not assess the elections as generally free, fair, and transparent.

The Beninese Armed Forces (FAB) are responsible for external security and support the Republican Police in maintaining internal security. The Republican Police, formed in 2018 through a merger of police and gendarmes, are under the Ministry of Interior and have primary responsibility for enforcing law and maintaining order in urban and rural areas. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: unlawful or arbitrary killings; harsh and life-threatening prison conditions; rape and violence against girls and women with inadequate government action for prosecution and accountability; and child labor.

Impunity was a problem. Although the government tried to control corruption and abuses, including by prosecuting and punishing public officials, officials sometimes engaged in corrupt practices with impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights.

There were many public and private media outlets, including two public and seven private television stations, three public and 50 private radio stations, and approximately 175 newspapers and periodicals. Many of these refrained from openly criticizing government policy.

There were reports the government inhibited freedom of the press.

Press and Media, Including Online Media: The press and media were closely regulated. The High Authority for Audiovisual and Communication (HAAC) is a quasigovernmental commission with members appointed by the president, private media, and the legislature. HAAC has a dual and perhaps inherently contradictory role of providing for press freedom and a mandate to protect the country against “inflammatory, irresponsible, or destabilizing” media reporting.

The government arrested journalists during the year. On April 18, according to the Committee to Protect Journalists, police arrested Casimir Kpedjo of the newspaper Nouvelle Economie for “spreading false information about the Beninese economy.” On April 23, he was released pending prosecution before CRIET, which had yet to be conducted by year’s end. On August 12, Ignace Sossou was convicted of “publication of false information by electronic networks” on Benin Web TV and journalist Parfait Folly was convicted of disseminating “false information” through WhatsApp. The journalists received one-month and six-month suspended sentences respectively and fines of 500,000 CFA francs ($849). Sossou appealed his sentence to the Court of Appeals of Cotonou. His appeal had yet to be heard at year’s end.

On December 20, Sossou was arrested on separate charges and on December 24, he was sentenced to 18 months in prison and fines of 200,000 CFA francs ($340) for “harassment through electronic means” after posting quotes to his personal social media accounts that he attributed to Cotonou’s public prosecutor. Sossou alleged that the prosecutor had made the comments during an anti “fake news” training organized by the French Media Development Agency (CFI).

On May 16, the Court of Appeals ruled that HAAC’s May 2018 suspension of the newspaper La Nouvelle Tribune violated the constitution and ordered HAAC to rescind the suspension. The ruling struck down a lower court’s finding in favor of HAAC’s suspension of La Nouvelle Tribune for publishing an article regarding the president’s private life that was deemed offensive. At year’s end HAAC had yet to rescind the suspension and La Nouvelle Tribune had yet to resume publication.

On December 17, the HAAC ordered the opposition-owned radio station Soleil FM to suspend its broadcasts on the grounds that its owner and 2016 presidential candidate Sebastien Ajavon failed to appear in person to sign the station’s annual broadcast registration documents, even though it is common practice for legal representatives to sign media registration documents on behalf of owners. Ajavon resides in France after being sentenced in absentia to 20 years imprisonment on drug trafficking charges. The charges against Ajavon were viewed by some observers as political in nature.

Censorship or Content Restrictions: HAAC publicly warned media outlets against publishing information related to legal cases pending before criminal courts because it could be interpreted as an attempt to influence court rulings. It was possible to purchase and thus influence the content of press coverage. HAAC warned media against such practices. Some journalists practiced self-censorship because they were indebted to government officials who granted them service contracts. Other journalists practiced self-censorship due to fear the government would suspend their media outlets. HAAC held public hearings on alleged misconduct by media outlets during the year.

Libel/Slander Laws: By law journalists may be prosecuted for libel and slander. Journalists may also be prosecuted for incitement of violence and property destruction, compromising national security through the press, or a combination of the two. Penalties for conviction include incarceration and fines. According to the 2018 Digital Code, anyone convicted of “relaying false information against a person using electronic means” may be sentenced to between one and six months in prison and a fine between 500,000 and 1,000,000 CFA francs ($849 to $1,698). The Digital Code applies to all social media.

Unlike in 2018 the government disrupted access to the internet. The digital code criminalizes use of social media for “incitements to hatred and violence.” On April 28, the day of legislative elections, the country’s internet providers blocked access to all social media sites–including WhatsApp, Facebook, Twitter, and Instagram, as well as iMessage apps–followed by a complete blackout of all internet access. A Ministry of Communications official told a diplomatic representative that the internet blackout was done to prevent the circulation of “fake news” on election day. An official of an international human rights organization stated that the blackout was “a blunt violation of the right to freedom of expression.”

In October 2018 the Court of Cotonou convicted Sabi Sira Korogone of incitement of hatred and violence, incitement of rebellion, and “racially motivated slander” for statements posted on a social media site. The court sentenced him to imprisonment for one year and a fine of three million CFA francs ($5,093). Korogone filed an appeal, and on June 2, the Cotonou Court of Appeals reversed the lower court decision and ordered his release.

There were no credible reports the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association. Advance notification is required for demonstrations and other public gatherings. Unlike in 2018 the government frequently restricted freedom of peaceful assembly on political grounds.

The constitution and law provide for freedom of peaceful assembly. Unlike in 2018 the government violated this right by employing provisions of the penal code to prevent peaceful gatherings by opposition groups and to sanction them. Additionally, authorities sometimes cited “public order” to prevent demonstrations by opposition groups, civil society organizations, and labor unions.

Authorities require advance notification for use of public places for demonstrations.

From February to March in the lead-up to April 28 legislative elections, local mayors and departmental prefects issued orders banning protests in the cities of Abomey Calavi, Allada, Glazoue, Parakou, and Porto-Novo. For example, on March 15, the prefect of Zou-Collines Department ordered all mayors under his jurisdiction to ban protests indefinitely.

On International Labor Day (May 1), police used tear gas to disperse demonstrators during a peaceful but unapproved march organized by the labor union Trade Union Confederation of Benin Workers. Police arrested some demonstrators.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide 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 assisting refugees and asylum seekers.

In 2018 as part of its effort to reduce corruption, the government banned roadblocks throughout the country. There were no illegal roadblocks during the year.

Foreign Travel: The government maintained documentary requirements for minors traveling abroad as part of its campaign against trafficking in persons. This was not always enforced, and trafficking of minors across borders continued.

The government regulates the timing and length of seasonal movement of migratory Fulani (Peul) herdsmen and their livestock into and within the country.

On July 31, the government issued a decree barring anyone wanted on criminal charges from obtaining civil documents, including passports, national identity cards, and certificates of citizenship.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Durable Solutions: The government assisted refugees and asylum seekers with obtaining documents from their countries of origin while granting their status as privileged residents. The government also facilitated naturalization of refugees as part of a local integration effort. The government involved civil society, media, and academia in the process. In March 2018 the government National Commission of Assistance to Refugees assumed responsibility for refugee issues in the country following closure of the local UNHCR office. The commission cooperates with UNHCR through its regional office in Dakar, Senegal.

There were large communities of stateless individuals residing in eight villages along the border with Niger and Nigeria. These villages were returned to Benin following the resolution of land disputes among Benin, Niger, and Nigeria. The residents lacked the necessary identification documents to claim citizenship.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: On April 28, the government held legislative elections that excluded opposition parties. In 2018 the National Assembly legislated more stringent requirements for parties to qualify to run in elections. On February 5, two months before the legislative elections, the Constitutional Court declared all parties must possess a “certificate of conformity” with the requirements in order to participate in elections. On February 27, the independent election commission announced that no opposition party met the requirements, leaving only two progovernment parties on the election ballot. Voter turnout for the elections was an historic low of 27 percent.

Although there were incidents of voter interference by opposition demonstrators, election day voting proceeded calmly in most of the country. Protesters in opposition strongholds in central Benin blocked some roads for much of the day and media reported demonstrators in Parakou burned ballot materials at polling stations and prevented some citizens from voting. The government implemented an internet blackout on election day that blocked access to social media sites including WhatsApp, Facebook, Twitter, Instagram, and iMessage apps.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process. Cultural factors, however, limited women’s political participation. By custom and tradition, women assumed household duties, had less access to formal education, and were discouraged from involvement in politics. President Talon appointed only five female ministers to his 24-member cabinet and one woman among the prefects administering the country’s 12 geographic departments. On November 7, parliament adopted a constitutional amendment mandating that women fill a minimum of 24 seats in the National Assembly beginning in 2023.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices.

It was commonly believed, and acknowledged by some judicial personnel, that the judicial system at all levels was susceptible to corruption.

Corruption: The government took several actions during the year to combat corruption. On February 7, after eight years in pretrial detention, CRIET convicted and sentenced the leaders of an unregulated investment company (Investment Consultancy and Computering Services) and its accomplices. CRIET found five individuals guilty of illegal microfinance activities, illegal banking activities, and fraud. Sentences ranged from three to 10 years’ imprisonment, with fines of between eight and 10 million CFA francs ($13,582 to $16,978). On February 20, the Council of Ministers dismissed Modeste Toboula, prefect of the Littoral Department, because he had authorized the illegal sale of state-owned plots of lands, two plots of which he acquired for himself. CRIET convicted Toboula of abuse of office and on June 3, sentenced him to one year in prison and fined him two million CFA francs ($3,396). In August, Toboula was released conditionally on medical grounds. On April 8, CRIET tried former chief clerk of the Court of Cotonou Abou Seidou in absentia, convicted him of embezzlement, and sentenced him to life imprisonment and a fine of 800 million CFA francs ($1.4 million).

Financial Disclosure: The law requires income and asset disclosure by appointed and elected public officials. Declarations are not made available to the public. The National Anti-Corruption Agency (ANLC) reported that as of August 12, the president and all cabinet members, and members of the Constitutional Court, HAAC, the Independent Electoral Commission, the ANLC, the High Court of Justice, and the Office of the Ombudsman submitted asset disclosure statements. The ANLC report noted, however, that only 63 of the 83 sitting National Assembly members and 27 of the 30 members of the Economic and Social Council had submitted declarations.

The penalty for failure to submit an asset disclosure is a fine of six times the monthly wage of the official concerned. The penalty has never been applied.

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

Several domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: In December 2018 the Constitutional Court swore in the first members of the Benin Human Rights Commission. The country had an ombudsman responsible for responding to citizen complaints of maladministration who was independent, adequately resourced, and effective. The Office of the Ombudsman reported addressing 258 cases, including cases involving contested land ownership, unfair dismissal, debt recovery, and government failure to implement judicial rulings.

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

Rape and Domestic Violence: The law prohibits rape, but enforcement was weak due to police ineffectiveness, official corruption, and victims’ unwillingness to report cases due to fear of social stigma and retaliation. Prison sentences for rape convictions range from one to five years. The law explicitly prohibits spousal rape and provides the maximum penalty for conviction of raping a domestic partner. Because of the lack of police training in collecting evidence associated with sexual assaults, ignorance of the law, and inherent difficulties victims faced in preserving and presenting evidence in court, judges reduced most sexual offense charges to misdemeanors. The primary form of evidence used to prove sexual assault required physician certification. Since physicians were only accessible in large cities, victims in rural areas were effectively precluded from pursuing charges. Penalties for conviction of domestic violence range from six to 36 months’ imprisonment. Nevertheless, domestic violence against women was common. Women remained reluctant to report cases, and judges and police were reluctant to intervene in domestic disputes.

The Ministry of Social Affairs and Microcredit provided financial support to some victims of abuse. It organized public outreach campaigns to raise public awareness of violence against girls and women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and provides penalties for conviction of performing the procedure, including prison sentences of up to 10 years and fines of up to six million CFA francs ($10,187). Nevertheless, FGM/C occurred, and enforcement was rare due to the code of silence associated with this crime. The practice was largely limited to remote rural areas in the north. According to UNICEF, 7 percent of girls and women ages 15 to 49 underwent FGM/C in 2018.

The government, in conjunction with NGOs and international partners, made progress in raising public awareness of the dangers of the practice. For additional information, see Appendix C.

Sexual Harassment: The law prohibits sexual harassment and offers protection for victims, but sexual harassment was common, especially of female students by their male teachers. Persons convicted of sexual harassment face sentences of one to two years in prison and fines ranging from 100,000 to one million CFA francs ($170 to $1,698). The law also provides for penalties applicable to persons who are aware of sexual harassment but do not report it. Victims seldom reported harassment due to fear of social stigma and retaliation, however, and prosecutors and police lacked the legal knowledge and skills to pursue such cases. Although laws prohibiting sexual harassment were not widely enforced, judges used other provisions in the penal code to deal with sexual abuses involving minors. There were reports of increasing rates of schoolgirl pregnancies. In many cases male teachers were reportedly responsible for these pregnancies. From May 27 to June 20, the University of Abomey Calavi in coordination with the UN Population Fund organized several events to raise student awareness of the problem of sexual harassment and abuse by teachers in primary schools, high schools, and universities.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although the constitution provides for equality for women in political, economic, and social spheres, women experienced extensive discrimination in obtaining employment, credit, equal pay, and in owning or managing businesses.

The law on persons and the family bans all discrimination against women in marriage and provides for the right to equal inheritance. The government and NGOs educated the public on women’s inheritance and property rights and their increased rights in marriage, including prohibitions on forced marriage, child marriage, and polygyny. The government did not enforce the law effectively, however.

Birth Registration: Citizenship is derived by birth within the country to a citizen father. By law the child of a Beninese father is automatically considered a citizen, but the child of a Beninese woman is considered Beninese only if the child’s father is unknown, has no known nationality, or is also Beninese. Particularly in rural areas, parents often did not declare the birth of their children, either from lack of understanding of the procedures involved or because they could not afford the fees for birth certificates. This could result in denial of public services such as education and health care.

According to the World Bank Demographic and Health Survey 2017-2018, only 64 percent of children under age five had a birth certificate. In June 2018 the National Assembly passed a bill authorizing vital records offices to issue provisional birth certificates on an exceptional basis to persons lacking one who were enrolled in the Administrative Census for the Identification of the Population program.

Education: Primary education is compulsory for all children between ages six and 11. Public school education is tuition-free for primary school students and for female students through grade nine in secondary schools. Girls did not have the same educational opportunities as boys and the literacy rate for women was 18 percent, compared with 50 percent for men. In some parts of the country, girls received no formal education.

Child Abuse: Children suffered multiple forms of abuse, including rape, sexual harassment, and abduction. The Child Code bans a wide range of harmful practices. The law provides for heavy fines and penalties with up to life imprisonment for persons convicted of child abuse. Police of the Central Office for the Protection of Minors arrested suspects, referred them to judicial authorities, and provided temporary shelter to victims of abuse.

Early and Forced Marriage: The law prohibits marriage under age 18 but grants exemptions for children ages 14 to 17 with parental consent and authorization of a judge. Early and forced marriage included barter marriage and marriage by abduction, in which the groom traditionally abducts and rapes his prospective child bride. The practice was widespread in rural areas, despite government and NGO efforts to end it through information sessions on the rights of women and children. Local NGOs reported some communities concealed the practice. The joint government and UNICEF “Zero Tolerance for Child Marriage” campaign to change social norms and create a protective environment for children in their communities continued. For additional information, see Appendix C.

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring and facilitating prostitution; it increases penalties for cases involving children under age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and fines of one million to 10 million CFA francs ($1,698 to $16,978). The Child Code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and fines ranging from two to five million CFA francs ($3,396 to $8,489).

Violence against children was common. According to the Center for Social Promotion of Aplahoue, from January to October 2018, there were 38 reported cases of rape, abduction, forced marriage, and trafficking of girls in the Southwestern region of the country alone. Courts meted out stiff sentences to persons convicted of crimes against children, but many such cases never reached the courts due to lack of awareness of the law and children’s rights, lack of access to courts, or fear of police involvement.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. A 2018 survey conducted by the NGO Franciscans-Benin reported the practice continued in 11 communes in the north of the country.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish community, and there were no reports of anti-Semitic acts.

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

In April 2018 the National Assembly approved the Promotion and Protection of the Rights of Persons with Disabilities Act. The act provides for the protection of the rights of persons with disabilities, including physical, sensory, intellectual, psychological, mental, and communication disabilities, against all forms of exploitation and violence.

The Federation of Associations of Persons with Disabilities of Benin reported that persons with disabilities faced discrimination in employment, health care, access to education, and access to justice.

The government operated few institutions to assist persons with disabilities. The Ministry of Social Affairs and Microcredit coordinated assistance to persons with disabilities through the Support Fund for National Solidarity.

The Promotion and Protection of the Rights of Persons with Disabilities Act provides for a wide range of social benefits to persons with disabilities, including improved access to health care, education, vocational training, transportation, and sports and leisure activities. It includes provisions regarding the construction or alteration of buildings to permit access for persons with disabilities. It requires schools to enroll children with disabilities. In August 2018 the government, with the assistance of the UN Development Program, held a workshop in Cotonou to examine draft enforcement decrees.

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

There were no reports of criminal or civil cases involving consensual same-sex sexual conduct. Members of the LGBTI community reported social stigma and instances of discrimination based on sexual orientation.

Police generally ignored vigilante attacks. Incidents of mob violence occurred, in part due to the perceived failure of local courts to punish criminals adequately. Such cases generally involved mobs killing or severely injuring suspected criminals, particularly thieves caught stealing. For example, on September 8, vigilantes beat an alleged thief to death. They broke into the police station of Manta in the commune of Boukoumbe armed with machetes, clubs, bows and arrows, and homemade guns. The vigilantes kicked down the door of the cell where an alleged thief was held and killed him. The police chief referred the case to the Court of Natitingou for further investigation and legal action. As of November 5, police were investigating the incident and had arrested several suspects.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, except certain civil servants and public employees, to form and join independent unions with some restrictions. Unions must register with the Ministry of Interior, a three-month process, or risk a fine. The law does not establish clear grounds on which registration of a trade union may be denied or approved, and official registration may be denied without the union having recourse to a court. The law provides that a trade union federation must be made up of at least five enterprise-level trade unions in the same sector or branch of activity. Additionally, the law requires that a trade union confederation must be composed of at least three trade union federations of different sectors or branches of activities and that only trade union confederations may have affiliation at a national or international level.

On March 28, police arrested and jailed Joseph Aimasse–a member of a union affiliated with the Trade Union Confederation of Beninese Workers in Porto-Novo–for attempting to organize a women’s demonstration against National Assembly votes on laws limiting citizens’ freedom. The Court of Porto-Novo convicted Aimasse of “inciting people to participate in an unauthorized demonstration” and sentenced him to two months in prison, with a fine of 200,000 CFA francs ($340).

The law provides for the rights of workers to bargain collectively. By law, collective bargaining agreements are negotiated within a joint committee including representatives of one or several unions and or representatives of one or several employers’ associations. A labor inspector, a secretary, and one or two rapporteurs preside over the committee. The minister of labor and civil service has the authority to determine which trade unions may be represented in the negotiation at the enterprise level. The minister has the power to extend the scope of coverage of a collective agreement. The law imposes compulsory conciliation and binding arbitration in the event of disputes during collective bargaining in all sectors, “nonessential service” sectors included. The National Permanent Commission for Consultation and Collective Bargaining, and the Social Sector-based Dialogue Committee were active in each ministry to foster dialogue between the government and unions. On September 5, the commission met to address the status of outstanding union demands.

In 2016 the government, the National Employers’ Association, and six union confederations signed a “National Charter of Social Dialogue” including several measures to be undertaken by the parties to enhance dialogue while fostering democracy and good governance in a climate of social accord and national unity. In 2017 the government approved two decrees to establish a National Social Dialogue Council and to appoint its members. The council is intended to replace the National Permanent Commission for Consultation and Collective Bargaining.

The law provides for the right to strike for a limited duration with prior notification. The merchant marine code grants seafarers the right to organize but not the right to strike. A trade union considering a strike should notify, in writing, the leadership of the concerned entity and the minister of labor and civil service at least three days before the start of the strike. The notification letter should mention the reasons for the strike, including the location, date, and start time of the strike, and the expected duration of the strike. Although authorities do not formally grant permission to strike, strikes that fail to comply with these requirements are deemed illegal.

Authorities may declare strikes illegal for reasons such as threatening social peace and order and may requisition striking workers to maintain minimum services. The government may prohibit any strike on the grounds it threatens the economy or the national interest. Laws prohibit employer retaliation against strikers, except that a company may withhold part of a worker’s pay following a strike.

In September 2018 the National Assembly passed Act No 2018-35 Amending and Supplementing Act No 2001-09 of 2002 related to the right to strike; in October 2018 the president implemented the law. The law restricts the maximum duration of a strike to 10 days per year for all employees, except workers who are barred from striking. By law health-sector staff and military and police, customs, and water, forest and game and wildlife officers are barred from striking. Minimum service is required for workers that carry out essential responsibilities such as judges, prison and justice system personnel, and staff of the sectors of energy, water, maritime and air transport, financial administration, and telecommunication. Private radio and television broadcasters are excepted. Another provision provides that strikes motivated by the violation of universally recognized union rights may not prompt salary deductions.

The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Employers may not take union membership or activity into account in hiring, work distribution, professional or vocational training, or dismissal. In addition to certain civil servants and public employees, domestic workers, agricultural workers, migrant workers, and those in export processing zones are excluded from relevant legal protections.

Workers discussed labor-related issues with employers through the National Consultation and Collective Bargaining Commission. The commission held sessions and met with the government to discuss workers’ claims and propose solutions. Information regarding whether remedies and penalties had deterrent effects was not available.

The government generally respected the right to form and join independent unions and the right to collective bargaining. By law workers in the defense, justice, public security, and health sectors may not strike. The government did not effectively enforce the law, particularly in the informal sector and with regard to the provisions on antiunion discrimination and reinstatement. There were reports that employers threatened individuals with dismissal for union activity. No violations related to collective bargaining rights were reported. Penalties were enough to deter violations.

In January 2018 the National Assembly passed legislation abolishing the right to strike for workers in the security, health, and justice sectors. The move triggered a general strike by the National Union of Magistrates, paralyzing the administration of justice. In January 2018 the Constitutional Court struck down these provisions stating that the right to strike is a constitutional right that should be protected. The court in its decision urged the National Assembly to regulate the right to strike instead of banning it. In June 2018 the court reversed its previous ruling on the right to strike for government workers in the defense, security, health, and justice sectors, giving as justification the greater societal good of providing that essential state functions are performed without interruption.

b. Prohibition of Forced or Compulsory Labor

The labor code prohibits forced or compulsory labor, with certain exceptions. The law allows for imprisonment with compulsory labor. By law authorities may exact work not of a purely military character from military conscripts. Laws regulating various acts or activities relating to the exercise of freedom of expression allow imposition of prison sentences involving obligation to perform social rehabilitation work. Penalties for conviction of forced labor were generally enough to deter violations.

Forced labor occurred, including domestic servitude and bonded labor by children. Forced labor was mainly found in the agricultural (e.g., cotton and palm oil), artisanal mining, quarrying, fishing, commercial, and construction sectors. Many traffickers were relatives or acquaintances of their victims, exploiting the traditional system of vidomegon whereby a child, usually a daughter, is sent to live as a servant with a wealthier family.

In December 2018 the government adopted penal code revisions that criminalized adult trafficking and provided for 10 to 20 years’ imprisonment for conviction. The law was not effectively implemented during the year due to lack of agent training on the antitrafficking provisions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations related to child labor, including its worst forms. The List of Hazardous Occupations sets the minimum age for employment in hazardous work at age 18. The list identifies 21 trades prohibited for children and defines 74 related hazardous activities. Specific trades noted on the list include mining and quarrying, domestic service, and agriculture. The government did not effectively enforce the law.

The labor code prohibits the employment or apprenticeship of children under age 14 in any enterprise; children between ages 12 and 14, however, may perform domestic work and temporary or light seasonal work if it does not interfere with their compulsory schooling. The code bans night work for workers under age 18 unless the government in consultation with the National Labor Council grants a special dispensation. Workers under age 18 are entitled to a minimum 12-hour uninterrupted break including the nighttime period.

The Labor Office, under the Ministry of Labor and Civil Service, enforced the labor code only in the formal sector due to lack of inspectors. The total number of inspections conducted during the year was unavailable. Penalties for those convicted of violating laws were sufficiently strict to serve as a deterrent.

Labor laws were not effectively enforced. Despite the government’s limited capacity to enforce child labor laws, the government took steps to educate parents on the labor code and prevent compulsory labor by children, including through media campaigns, regional workshops, and public pronouncements on child labor problems. These initiatives were part of the Labor Office’s traditional sensitization program. The government also worked with a network of NGOs and journalists to educate the population regarding child labor and child trafficking. The Ministries of Justice and Labor and Civil Service supported capacity building for officials and agencies responsible for enforcing child labor laws.

During the year authorities arrested perpetrators of child labor violations in connection with child trafficking. On September 24, police arrested six women accompanying 11 child trafficking victims ages 10 to 16 in the village of Owode located in the southeast near the Benin-Nigeria border. The children were being trafficked from Togo to Gabon via Nigeria and Cameroon. Police stated the women arrested were members of a Beninese trafficking ring.

To help support their families, children of both sexes, including those as young as age seven, worked on family farms, in small businesses, on construction sites in urban areas, in public markets as street vendors, and as domestic servants under the practice of vidomegon. Many rural parents sent their children to cities to live with relatives or family friends to perform domestic chores in return for receiving an education.

Host families did not always honor their part of the vidomegon arrangement, and abuse and forced labor of child domestic servants was a problem. Children often faced long hours of work, inadequate food, and sexual exploitation; factors indicative of forced labor and exploitation of children in domestic servitude. Sometimes the child’s parents and the urban family that raised the child divided the income generated by the child’s activities. Up to 95 percent of children in vidomegon were young girls. Several local NGOs led public education and awareness campaigns to decrease the practice.

Most children working as apprentices were under the legal age of 14 for apprenticeship, including children working in construction, car and motorbike repair, hairdressing, and dressmaking. Children worked as laborers with adults in quarries, including crushing granite, in many areas. Children were at times forced to hawk goods and beg, and street children engaged in prostitution (see section 6). Children under age 14 worked in either the formal or informal sectors in the following activities: agriculture, hunting and fishing, industry, construction and public works, trade and vending, food and beverages, transportation, and other services, including employment as household staff.

Primary education is compulsory for all children between ages six and 11. Children ages 12 to 13 were particularly vulnerable to the worst forms of child labor, as they may have completed primary school but were under the minimum legal working age of 14.

Some parents indentured their children to “agents” recruiting farm hands or domestic workers, often on the understanding that the children’s wages would be sent to the parents. In some cases these agents took the children to neighboring countries to work, including Nigeria, Cote d’Ivoire, Togo, and Ghana.

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

d. Discrimination with Respect to Employment and Occupation

The constitution and labor code prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, and disability. The laws, however, do not explicitly prohibit discrimination based on sexual orientation, gender identity, and HIV or other communicable disease status. The government, in general, effectively enforced these laws and regulations in most sectors. Women experienced extensive discrimination because of societal attitudes and resistance to behavioral change (see section 6). Women’s wages consistently lagged those of men. According to the International Labor Organization Global Wage Report, in 2017 women earned 45 percent less per hour on average than men. Employment discrimination occurred in the private and public sectors. The prohibitions on discrimination did not apply to the large informal sector.

The labor code includes provisions to protect the employment rights of workers with disabilities, but many experienced discrimination in hiring and access to the worksite.

The Office of Labor is responsible for protecting the rights of persons with disabilities.

Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens.

e. Acceptable Conditions of Work

The government set minimum wage scales for several occupations. According to the UN Development Program, 60 percent of the population lives on an income of $1.90 a day or less, a poverty level income that is less than the minimum wage.

The labor code sets workweek hours at 40 to 60 hours, depending on the type of work, and provides for at least one 24-hour rest period per week. Domestic and agricultural workers frequently worked 70 hours or more per week, above the maximum of 12 hours per day or 60 hours per week provided for by the labor code. The labor code also mandates premium pay for overtime and prohibits excessive compulsory overtime.

The law establishes occupational safety and health standards (OSH). The government has the authority to require employers to remedy dangerous work conditions but did not effectively do so. Provisions of the law related to acceptable conditions of work apply to all workers. Penalties for violating the labor code were not enough to deter violations.

The Ministry of Labor and Civil Service and the Ministry of Social Affairs and Microcredit were responsible for enforcement of the minimum wage, workweek, and OSH standards. The ministries did not effectively enforce these standards, especially in the large informal sector. Significant parts of the workforce and foreign migrant workers did not benefit from minimum wage scales. Authorities generally enforced legal limits on workweeks in the formal sector but did not effectively monitor or control foreign or migrant workers’ work conditions. Government efforts were impeded by the insufficient number of labor inspectors and lack of resources to implement inspections. Random inspections were conducted in some sectors, but no information was available on the number of violations identified or convictions of persons tried for violations.

Many workers supplemented their wages by subsistence farming or informal sector trade. Most workers in the formal sector earned more than the minimum wage; many domestic and other laborers in the informal sector earned less. Violations of OSH standards mostly occurred in informal-sector trades, including hairdressing, dressmaking, baking, mechanics, and carpentry, where workers faced biological, chemical, physical, and psychological risks. Children involved in these trades as apprentices worked long hours and were more vulnerable to hazardous working conditions. In some mechanical and carpentry shops, children worked near dangerous tools and equipment, and some adults and children lacked adequate protective gear. According to various sources, informal workers accounted for more than 90 percent of workers in the country. Informal workers faced numerous challenges and vulnerabilities, including long working hours and no social security coverage. They often endured substandard working conditions and exposed to occupational risks. No data on workplace fatalities and accidents were available.

The law does not provide workers with the right to remove themselves from dangerous work situations without jeopardy to continued employment.

Tanzania

Executive Summary

The United Republic of Tanzania is a multiparty republic consisting of the mainland region and the semiautonomous Zanzibar archipelago, whose main islands are Unguja (Zanzibar Island) and Pemba. The union is headed by a president, who is also the head of government. Its unicameral legislative body is the National Assembly (parliament). Zanzibar, although part of the union, exercises considerable autonomy and has its own government with a president, court system, and legislature. In 2015 the country held its fifth multiparty general election. Voting in the union and Zanzibari elections was judged largely free and fair, resulting in the election of a union president (John Magufuli). The chair of the Zanzibar Electoral Commission, however, declared the parallel election for Zanzibar’s president and legislature nullified after only part of the votes had been tabulated, precipitating a political crisis on the islands. New elections in Zanzibar in 2016 were neither inclusive nor representative, particularly since the main opposition party opted not to participate; the incumbent (Ali Mohamed Shein) was declared the winner with 91 percent of the vote.

Under the union’s Ministry of Home Affairs, the Tanzanian Police Force (TPF) has primary responsibility for maintaining law and order in the country. The Field Force Unit, a special division of the TPF, has primary responsibility for controlling unlawful demonstrations and riots. The Tanzanian People’s Defense Forces includes the Army, Navy, Air Command, and National Service. They are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities maintained effective control over the security forces and directed their activities.

Significant human rights issues included: torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet; violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and site blocking; the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; refoulement of refugees to a country where they would face a threat to their life or freedom on account of their race, religion, nationality, membership in a particular social group, or political opinion, or other mistreatment of refugees that would constitute a human rights abuse; restrictions on political participation where the government is unelected or elections have not been found to be genuine, free, or fair; pervasive corruption; trafficking in persons; criminal violence against women and girls, in which the government took little action to prevent or prosecute; crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minorities, or indigenous people; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; use of forced or compulsory child labor, as listed in the Department of Labor’s report on the Worst Forms of Child Labor.

In some cases the government took steps to investigate and prosecute officials who committed human rights abuses, but impunity in the police and other security forces and civilian branches of government was widespread.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech but does not explicitly provide for freedom of the press. There were criminal penalties for libel.

Freedom of Expression: Public criticism of the government resulted in punitive action in some cases. Authorities used the Cybercrimes Act to bring criminal charges against individuals who criticized the government on a variety of electronic media. In March 2018 the Electronic and Postal Communications (Online Content) Regulations became law, requiring the TCRA to certify all bloggers and operators of online forums through a licensing process.

On July 19, three students from Kampala International University in Tanzania were sentenced on counts of distributing pictures through WhatsApp groups showing President Magufuli wearing a hijab. The students were sentenced to four years in prison.

Press and Media, Including Online Media: Independent media on the mainland were active and generally expressed varying views, although media outlets often practiced self-censorship to avoid conflict with the government.

Registering or licensing new media outlets, both print and broadcast, continued to be difficult. Newspaper registration was at the discretion of the registrar of newspapers at the information ministry on both the mainland and Zanzibar. Acquiring a broadcasting license from the TCRA took an estimated six months to one year, and the TCRA restricted the area of broadcast coverage. The TCRA imposes mandatory registration and annual fees for commercial and community radio stations. The fee structure disproportionately disadvantages the existence and creation of small community radio stations.

On February 27, the government suspended publication of the Citizen newspaper and website for seven days, following the publication of a story titled “Closely Monitor Falling of Shilling, Experts Caution.” The director of information services alleged that the Citizen published false and misleading information about the devaluation of the country’s currency.

On August 22, Joseph Gandye, an investigative journalist for Watetezi television was arrested for “spreading fake news” after his story on police brutality in Iringa aired. On August 24, he was released on bail.

In 2017 the TCRA clarified a requirement that all broadcast stations receive approval from the Tanzania Film Board for locally produced content, including music videos, films, cartoons, and other video content. In June the government passed an amendment to the Films and Stage Plays Act (Amendment 3), providing the Tanzania Film Board the authority to regulate, monitor and determine if foreign and local motion pictures, television, radio and stage plays and performances are approved for exhibition.

The Zanzibari government-owned daily newspaper, Zanzibar Leo, had an estimated circulation of 25,000. There was one privately owned weekly newspaper with a much smaller circulation. The government of Zanzibar controlled content on the radio and television stations it owned. There were government restrictions on broadcasting in tribal languages, and broadcasts in Kiswahili or English were officially preferred. The nine private radio stations on Zanzibar operated independently, often reading the content of national dailies, including articles critical of the Zanzibari government.

Lack of access to information from government sources continued despite changes to the Statistics Act.

Violence and Harassment: Law enforcement authorities attacked, harassed, and intimidated journalists during the year. Journalists and media outlets have also begun to self-censor to avoid government retribution. Investigative journalist Erick Kabendera’s July 29 arrest was marked by irregularities, including denial of access to a lawyer in the early stages of his detention.

On September 27, the TCRA fined three online television channels–Kwanza Television, Millard Ayo Television, and Watetezi Television–five million TZS ($2,200 each and suspended Kwanza Television for six months. All three channels have been described as being critical of President Magufuli.

Censorship or Content Restrictions: The law authorizes police to raid and seize materials from newspaper offices and authorizes the minister of information to “prohibit or otherwise sanction the publication of any content that jeopardizes national security or public safety.”

According to Reporters without Borders, since President Magufuli came to office in 2015, the laws regulating media have been tightened, and there have been cases of newspapers and radio stations being suspended for “incitement.”

A September 3 Time Magazine article on the world’s most urgent cases threatening press freedom cited Erick Kabendera and Azory Gwanda among their examples.

A permit was required for reporting on police or prison activities, both on the mainland and in Zanzibar, and journalists needed special permission to cover meetings of the National Assembly or attend meetings in the Zanzibar House of Representatives. Anyone publishing information accusing a Zanzibari representative of involvement in illegal activities was liable to a fine of not less than TZS 250,000 ($110), three years’ imprisonment, or both. The government may fine and suspend newspapers without warning.

There were examples of the government repressing information, extending to online newspapers and journals. In June parliament passed amendments to the 2015 Statistics Act that lifted some restrictions on publishing statistical information. It now allows individuals and organizations to conduct surveys and collect research data; however, Amnesty International stated that under these amendments, authorities still maintain control over who is able to gather and publish information, as well as to determine what is factual. While the World Bank stated the amended Statistics Act is in line with international norms, many observers continued to self-censor because of possible personal and professional repercussions, including the government’s ability to use media services and cybercrime acts against individuals who publish or share data that does not align with the government’s messaging.

In March the EACJ ruled in favor of CSOs who challenged the country’s Media Services Act of 2016. Three NGOs, the Media Council of Tanzania, the Legal and Human Rights Center (LHRC) and the Tanzania Human Rights Defenders Coalition (THRDC) filed the case in 2017. The court found that sections on sedition, criminal defamation, and false news publication restrict press freedom and freedom of expression and thereby breach the EACJ Treaty.

Libel/Slander Laws: The law provides for arrest, prosecution, and punishment for the use of seditious, abusive, or derogatory language to describe the country’s leadership. Section 36 of the Media Services Act of 2016 makes defamation a criminal act. Defamation is defined as any matter likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation.

In February, CHADEMA Member of Parliament (MP) Halima Mdee was called in for questioning related to a 2017 charge of insulting the president, for which she was detained for six days. The case is pending in court and is postponed until 2020. The court has expressed interest in dismissing the case due to a lack of cooperation from prosecutors.

On April 24, the Kisutu Resident Magistrates Court continued with the criminal case against opposition MP Zitto Kabwe. The case alleges that Zitto made several seditious remarks against the TPF, accusing it of killing more than 100 civilians in Kigoma. On October 23, the case was heard and adjourned until 2020.

On March 10, Minister for Home Affairs Kangi Lugola ordered regional police commanders throughout the country to arrest leaders of opposition parties who insult the president. On September 26, Lugola also warned CSOs against insulting the government.

National Security: In March 2018 the Electronic and Postal Communications (Online Content) Regulations were passed, requiring online content providers to monitor and filter content that threatens national security or public health and safety.

The government restricted access to the internet and monitored websites and internet traffic. The Electronic and Postal Communications (Online Content) Regulations tighten control of internet content through registration requirements and licensing fees. Bloggers and persons operating online forums, including online television and radio streaming services, must obtain certification from the TCRA by submitting a license application requiring information such as the nature of services offered, estimated cost of investment, staff qualifications, and plans. In addition all online content providers must pay application and licensing fees totaling more than two million TZS ($880) in initial costs. Licenses are valid for three years and must be renewed annually for one million TZS ($440). Prohibitive costs led some citizens to stop blogging or posting content on online forums, including international social media platforms.

Under the regulations internet cafes must install surveillance cameras to monitor persons online. Online material deemed “offensive, morally improper” or that “causes annoyance,” is prohibited, and those charged with violating the regulations face a minimum fine of TZS five million ($2,200) or a minimum sentence of 12 months in prison. The Cybercrimes Act of 2015 criminalizes the publication of false information, defined as “information, data or facts presented in a picture, texts, symbol, or any other form in a computer system where such information, data, or fact is false, deceptive, misleading, or inaccurate.” Individuals who made critical comments about the government on electronic media were charged under the act, even when remarks reflected opinions or were factually true.

In 2018 Bob Wangwe appealed to the High Court of Dar es Salaam a Kisutu court conviction and sentence imposing a fine of five million TZS ($2,200) or a jail term of 18 months for publishing inaccurate information on Facebook. In March he won his appeal. The court ruled that the government would have to prove that the information posted online by Wangwe was authentic, and what its intent was.

On September 7, Sebastien Atilio was arrested for publishing false news and practicing journalism without accreditation under the Media Services Act in connection with messages he sent in a WhatsApp Group called Mufindi Media Group. The original bail hearing set for September 18 was postponed several times. On October 28, Atilio was released on bail and the judge instructed the public prosecutor to complete the investigation within 61 days or the judge would withdraw the case until the investigation is completed. The case remained pending as of December.

In June parliament passed amendments for the second time in two years to the 2015 Statistics Act, which had required individuals and organizations to obtain permission from the National Bureau of Statistics before conducting surveys, collecting research data, or publicizing results. The amendment removed the threat of prison for civil society groups if they publish independent statistical information. It also states people have the right to collect and disseminate statistical information, and puts a system in place for people who want to access and/or publish national data.

The government restricted freedom of peaceful assembly and association, including through bans decreed by authorities but not supported by law. The government requires organizers of rallies to obtain police permission. Police may deny permission on public safety or security grounds or if the permit seeker belongs to an unregistered organization or political party. The government and police continued to limit the issuance of permits for public demonstrations and assemblies to opposition political parties, NGOs, and religious organizations. The only political meetings allowed in principle are by MPs in their constituencies; outside participants, including party leaders, are not permitted to participate. Restrictions were also applied to nonpolitical gatherings deemed critical of the government.

The ruling CCM is the only party that may legally conduct public rallies. It uses the umbrella of the implementing party manifesto to inform members when it is time to register to vote.

Opposition political parties continued to be harassed and detained by law enforcement and have unsuccessfully sought redress in the courts. For example, on May 27, the former minister for tourism and natural resources Lazaro Nyalandu and two opposition members from CHADEMA were arrested in Itagi Ward in Sigida during a closed-door meeting. They were released on bail the next day, after being questioned by the Prevention and Combating of Corruption Bureau (PCCB) for more than two hours.

In July, Zanzibar police arrested Seif Hamad Sharif during a commemoration event for the 10th anniversary of political reconciliation in Zanzibar. The police questioned Seif before releasing him and canceling the event.

The constitution provides for freedom of association, and the government generally respected this right. Thousands of NGOs and societies operated in the country. Political parties were required to register and meet membership and other requirements. Freedom of association for workers was limited (see section 7.a.).

According to The International Center for Not-for-Profit Law and the LHRC midyear report, the freedom of association for NGOs has been jeopardized by amendments of the NGO act, which reduces the autonomy of NGOs and provides for excessive regulation of the NGO sector. The registrar stated that the process of deregistering underscored the need for NGOs to comply with the law and provide for transparency and accountability in their activities. Under existing law, however, the registrar of NGOs is granted sweeping powers to suspend and deregister NGOs, leaving loopholes which could be used to obstruct opposition and human rights NGOs. For example, the registrar deregistered 158 NGOs in August. Community Health Education Services and Advocacy, Kazi Busara na Hekima (KBH Sisters), and AHA Development Organization Tanzania were deregistered for supposedly promoting acts in society which violate ethics and culture because they supported LGBTI protection and rights. Others that withdrew were Pathfinder Green City, Hamasa Poverty Reductions (Hapore), and Hope.

The law makes a distinction between NGOs and societies and applies different registration procedures to the two. It defines a society as any club, company, partnership, or association of 10 or more persons, regardless of its purpose, and notes specific categories of organizations not considered societies, such as political parties. The law defines NGOs to include organizations whose purpose is to promote economic, environmental, social, or cultural development; protect the environment; or lobby or advocate on issues of public interest. Societies and organizations may not operate until authorities approve their applications. In August the government began a verification exercise that required all NGOs to reregister. Registration of new NGOs was suspended until December 1.

The government rarely registered societies within the legally required 14-day period. In April the minister of home affairs stated that from July 2018 to March, the registrar of societies received 150 registration applications, 77 from religious institutions and 73 from CSOs. The registrar registered 69 applications: 38 CSOs and 31 religious institutions. Of the applicants, 81 were still working on their applications.

NGOs in Zanzibar apply for registration with the Zanzibar Business and Property Registration Agency. While registration generally took several weeks, some NGOs waited months if the registrar determined additional research was needed.

In July an NGO said Zanzibar has an outdated NGO policy and that local authorities are unable to catch up with the changing requirements of NGOs and operations countrywide. According to some NGOs, security and government organizations were interfering with the work of NGOs. As an example the Office of the Second Vice President suspended implementation of a project for youth, explaining it needed more time to examine the scope of the project. The government, however, views any youth group as the opposition organizing.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights; however, there were cases of political opposition leaders being barred from leaving the country.

In-country Movement: Refugees are confined to camps and are subject to arrest if they leave them. Under its more restrictive approach to hosting refugees, the government limited refugee movement and enforced its encampment policy more strictly during the year, including the arrest of refugees caught moving outside the camps without official permission. With permits more difficult to obtain and livelihood opportunities inside the camps heavily constrained, refugees compelled to leave the camps in search of work were apprehended by police and arrested. Usually these persons were prosecuted and sentenced in local courts to six months’ detention or payment of a fine.

Foreign Travel: On June 12, immigration officials in Zanzibar detained opposition leader and MP Zitto Kabwe, who was en route to Kenya for a retreat with leaders of his Alliance for Change and Transparency (ACT) Party. Acting on instructions from the PCCB not to permit Kabwe to leave the country due to pending charges under the Media Services Act, immigration officials transferred Kabwe to police custody. The police later released Kabwe but confiscated his mobile phone and laptop.

In February the travel of migrant workers overseas for employment was temporarily suspended, ostensibly to allow time for the government to strengthen migrant-worker protection mechanisms.

Citizenship: There were no reports of revocation of citizenship on an arbitrary or discriminatory basis.

There were no reports of large numbers of internally displaced persons.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Despite government assurances that its borders remained open to refugees, during the year authorities closed the borders to new refugee arrivals from the Democratic Republic of the Congo (DRC) and Burundi. In January 2018 the government withdrew from the UN’s Comprehensive Refugee Response Framework, announced it would no longer provide citizenship to Burundian refugees, and stated it would encourage refugees to return home. At that time the government assured the Office of the UN High Commissioner for Refugees (UNHCR) it would respect the choice of refugees on whether or not to return to their country of origin. While nearly 75,000 Burundian refugees had been repatriated with assistance between September 2017 and September 2019, there were numerous accounts of refugees facing intimidation or pressure by Tanzanian authorities to return home. Some refugees who were pressured into returning to Burundi became refugees in other countries or returned to Tanzania.

In August, Minister of Home Affairs Lugola announced a bilateral agreement with Burundi to repatriate 2,000 Burundians per week, whether voluntary or not. Although the government of Tanzania subsequently restated its commitment to voluntary repatriation, UNHCR remained concerned about validating the voluntariness of the returns. In addition the government suspended livelihood options for refugees, including the closure of businesses operating inside the camps and common markets outside the camps where refugees and the surrounding communities could exchange goods. According to NGOs working in the camps, there has been an increase in gender-based violence and other concerns due to the loss of livelihoods.

Refugees apprehended more than 2.5 miles outside their camps without permits are subject by law to sentences ranging from a fine up to a three-year prison sentence. In addition there have been reports of refugees found outside the camps being detained, beaten, tortured, raped, or killed by officials or citizens.

On April 5, Deputy Minister of Home Affairs Hamad Yusuph Masauni reported that 13,393 illegal immigrants were arrested in the country. Of this number, 2,815 were charged for illegally entering the country, 117 paid fines, and 429 were sentenced to a jail term. Of those arrested, 6,316 were deported and 1,313 were released after confirming residency. The Department of Immigration is the lead agency in the government on identifying immigrant status and subsequent action. According to one report, 39 illegal farmers from neighboring countries were arrested in the Kagera region.

Sex- and gender-based violence against refugees continued, including allegations against officials who worked in or around refugee camps. UNHCR worked with local authorities and residents in the three refugee camps to strengthen coordination and address violence, including sexual violence, against vulnerable persons. The public prosecutor investigated, prosecuted, and punished perpetrators of abuses in the camp, while international NGOs provided assistance to the legal team when requested by a survivor. Local authorities and the public prosecutor handled most cases of refugee victims of crime and abuse outside the camp. Residents of the refugee camps suffered delays and limited access to courts, common problems also faced by citizens.

Refoulement: The government closed the last of the country’s official refugee reception centers in 2018, and during the year there were credible reports of push backs at the border as well as instances of obstructions to access for Congolese and Burundian asylum seekers following requests for international protection in the country. In addition the Burundian refugees who had been assisted by UNHCR during the year to return voluntarily to Burundi, but were forced to flee again and seek asylum for a second time, were unable to register with the authorities. This prevented them from being able to access humanitarian assistance or basic services.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The National Eligibility Committee is required to meet regularly and make determinations on asylum applications.

Despite the government’s strict encampment policy, authorities continued to permit a small population of urban asylum seekers and refugees to reside in Dar es Salaam; this group consisted principally of persons in need of international protection arriving from countries that are not contiguous as well as individuals with specific reasons for being unable to stay in the refugee camps in the western part of the country. While access to formal employment opportunities remained limited for urban refugees, they did enjoy access to government health services and schools. UNHCR continued to intervene in cases of irregular migrants in need of international protection following their arrest by authorities in Dar es Salaam or other urban centers to ensure that the migrants had access to national asylum procedures and were protected from forced return to their country of origin.

During the year the government and the IOM continued to support training for law enforcement officers on the use of biometric registration equipment intended to provide irregular migrants a basis for either regularizing their status or voluntarily returning to their places of origin.

Safe Country of Origin/Transit: No policy for blanket or presumptive denials of asylum exists for applicants arriving from a “safe country of origin” or through a “safe country of transit.” All asylum applications are evaluated individually. The law provides that, unless the transit country is experiencing a serious breach of peace, an asylum claim can be refused upon failure to show reasonable cause as to why asylum was not claimed in the transit country prior to entry into Tanzania.

Freedom of Movement: Policy restrictions limiting refugee freedom of movement and access to livelihoods left the refugee population almost totally dependent on humanitarian assistance and vulnerable to a range of protection risks, including sexual and gender-based violence. Interpartner violence continued to be reported as the leading category of sexual and gender-based violence, accounting for approximately 75 percent of incidents. Observers attributed this level of violence to the difficult living conditions in refugee camps, split-family decisions resulting from government pressure to return and substance abuse; closure of larger markets, which undermined women’s self-reliance; and restrictions on freedom of movement, which placed women and girls in a precarious situation when they left the camps to collect firewood and seek other foods to diversify their family’s diet.

Durable Solutions: During the year the government focused on repatriation and did not support local integration as a durable solution. The government maintained pressure on Burundian refugees to return to Burundi, promoting repatriation as the only durable solution for Burundian refugees. UNHCR continued to assist voluntary returns under the framework of a tripartite agreement between the governments of Burundi and Tanzania and UNHCR, stressing that conditions inside Burundi were not yet conducive for large-scale returns because many Burundian refugees remained in need of international protection. Nonetheless, in August the government increased pressure on Burundian refugees to sign up for returns, agreeing with the government of Burundi to return 2,000 Burundians a week, but also saying that all Burundian refugees would be returned by the end of the year. The government implemented measures to make life more difficult for refugees, including closing the shared refugee and host community markets in February and restricting camp exit permits.

According to the Ministry of Home Affairs, from July 2018 to March 28,h a total of 662 Burundian refugees repatriated voluntarily. According to UNHCR, nearly 75,000 Burundian refugees have returned with assistance since 2017. The government granted 162,000 former Burundian refugees citizenship in 2014-15. During the year, 1,350 refugees from the DRC and 82 from other countries were resettled in other countries.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but it allows parliament to restrict this right if a citizen is mentally infirm, convicted of certain criminal offenses, or omits or fails to prove or produce evidence of age, citizenship, or registration as a voter. Citizens residing outside the country are not allowed to vote. The National Electoral Commission is responsible for mainland and union electoral affairs, while the Zanzibar Electoral Commission (ZEC) manages elections in Zanzibar.

Recent Elections: The country held its most recent multiparty general election in 2015, when a new president and legislative representatives were elected. The union elections were judged largely free and fair, although some opposition and civil society figures alleged vote rigging. The CCM benefited from vastly superior financial and institutional resources. There were also reports that the use of public resources in support of the CCM increased, as well as many reports of regional and district commissioners campaigning for the ruling party.

In the presidential election the CCM candidate, John Magufuli, was elected with 58 percent of the vote to replace Jakaya Kikwete, who was not eligible to run for a third term. Four opposition parties combined in the Coalition for the People’s Constitution to support a single candidate, who ran under the CHADEMA banner, as the law at the time did not recognize coalitions. In February the amended Political Parties Act officially recognized coalitions. In parliamentary elections, the CCM retained a supermajority in parliament, with nearly 73 percent of the seats.

Separate elections are held for the union and for Zanzibar, ordinarily on the same day, in which citizens of the two parts of the union elect local officials, members of the national parliament, and a union (national) president. Additionally, Zanzibar separately elects a president of Zanzibar and members of the Zanzibar House of Representatives. The voting in Zanzibar in 2015 was judged largely free and fair. Following the vote, however, when tabulation of the results was more than half completed, the chairperson of the ZEC announced he had nullified the Zanzibar elections. According to the constitution and law, the commission does not have the authority to do so. This decision precipitated a political crisis in the semiautonomous archipelago, with the opposition candidate declaring he had won. New elections in 2016 were neither inclusive nor representative. The new elections were boycotted by the opposition, which claimed they would not be fair. Following the new elections, the ZEC announced President Ali Mohammed Shein had won with 91 percent of the vote, with the ruling CCM party sweeping nearly all seats in the Zanzibar House of Representatives. Official voter turnout was announced at 68 percent, although numerous sources estimated actual turnout at closer to 25 percent.

Between November 2017 and July 13, by-elections were conducted on short notice for ward councilor and parliamentary seats that became vacant due to the death, party defection, resignation, or expulsion of the incumbents. In several cases an opposition member who defected to the ruling party subsequently was named as the ruling party’s candidate for the same seat the individual had just vacated. By-elections were marked by irregularities, including denying designated agents access to polling stations, intimidation by police of opposition party members, and unwarranted arrests. In many cases opposition candidates were prevented from registering, resulting in many races being declared uncontested for the ruling party.

In March the speaker of parliament removed opposition CHADEMA MP Joshua Nassari from his seat due to absenteeism. A court upheld the removal when Nassari challenged the decision. In June the speaker also removed opposition CHADEMA MP Tundu Lissu for absenteeism and failing to submit required disclosure statements in a timely manner. Lissu survived an assassination attempt in 2017 and since then has been abroad for medical care. The court dismissed Lissu’s challenge to his removal, and a new CCM member was sworn in on September 3 to represent his constituency.

On October 16, the Court of Appeal overturned a May High Court of Dar es Salaam decision to prohibit district executive directors from supervising elections on the grounds that their supervision violates a constitutional ban on political parties from running elections. The district executive directors are presidentially appointed to act as the secretary of district councils, and many are active members of the ruling CCM party.

Political Parties and Political Participation: The constitution requires that persons running for office must represent a registered political party. The law prohibits unregistered parties. There are 22 political parties with full registration and one with provisional registration. To secure full registration, parties must submit lists of at least 200 members in 10 of the country’s 31 regions, including two of the five regions of Zanzibar.

The registrar of political parties has sole authority to approve registration of any political party and is responsible for enforcing regulations. In February an amendment of the Political Parties Act expanded the registrar’s powers, a move opposition MPs asserted would cement one-party rule. Under the amended act the registrar may prohibit any individual from engaging in political activities and request any information from a political party, including minutes and attendees of party meetings. In March the registrar of political parties threatened to deregister ACT for contravening the Political Parties Act. The deregistration threat came a week after Seif Sharif, a popular Zanzibari opposition politician, announced his defection from his Civil United Front (CUF) Party to join ACT. Sharif’s supporters burned CUF flags during the announcement, in contravention of the law.

The law requires political parties to support the union between Tanganyika (mainland Tanzania) and Zanzibar; parties based on ethnic, regional, or religious affiliation are prohibited.

MPs were sanctioned for expressing criticism of the government, including for speeches on the floor of parliament. In late March and early April 2018, police arrested nine top CHADEMA leaders and charged them with unlawful assembly and disobeying an order to disperse after demonstrating with supporters to demand the issuance of credentials for party polling agents on the eve of a February 2018 by-election. Of those arrested, CHADEMA chairman Freeman Mbowe faced additional charges, including sedition. CHADEMA leaders were involved in a protracted legal battle that was pending.

The election law provides for a “gratuity” payment of TZS 235 million to TZS 280 million ($103,000 to $123,000) to MPs completing a five-year term. Incumbents can use these funds in re-election campaigns. Several NGOs and opposition parties criticized this provision for impeding aspiring opposition parliamentary candidates from mounting effective challenges.

The mainland government allowed political opponents unrestricted access to public media, but the ruling party had far more funding to purchase broadcast time.

The National Electoral Commission (NEC) was updating the voter register in preparation for the 2020 general elections. The law requires that voter registration drives be carried out twice every five years. The amendment to the Political Parties Act, however, restricted political parties’ ability to offer civic education and outreach on voter registration and voting rights, as they had done in the past. Instead, 24 CSOs were accredited for civic education. None of the accredited CSOs has the financial or technical capacity to carry out effective national voter education campaigns. In addition the NEC scheduled only seven days for registration in each region, a time frame stakeholders asserted was inadequate to ensure a proper voter registry before 2020 elections.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Some observers believed cultural and financial constraints limited women’s participation in politics. In the 2015 election, voters elected a woman as vice president. There were special women’s seats in both parliament and the Zanzibar House of Representatives, which, according to World Bank data, brought total female representation to 36 percent.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. After taking office President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. In implementing Phase III (2017-22) of the National Anticorruption Strategy and Action Plan, President Magufuli introduced a new High Court Division of Economic, Corruption, and Organized Crime in 2016. Critics and observers noted that President Magufuli has used the anticorruption platform to go after those who opposed him.

Corruption: While efforts were being made to reign in corruption, it remained pervasive; however, Transparency International’s Corruption Perception Index released in February shows improvement in the perception of corruption. The PCCB reported that most corruption investigations concerned government involvement in mining, land matters, energy, and investments.

Afrobarometer findings published in July indicated citizens perceive an overall drop in corruption, with only 10 percent of citizens reporting that corruption has increased in the past year, and 71 percent of citizens feeling the government is doing a good job combatting corruption. Government entities were still considered the most corrupt entities, led by police, judges and magistrates, the Tanzania Revenue Authority, and local government. NGOs continued to report allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.

Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs.

The PCCB’s mandate excludes Zanzibar. In July the Zanzibar Anti-Corruption and Economic Crime Authority reported it had been able to reduce corruption, citing one conviction and a pending investigation into corruption cases in the Ministry of Finance.

Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June, one of the reasons cited was that he did not file financial disclosure forms. The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials previously stated the individuals who failed to meet the deadline were asked to show cause for the delay. Any declaration forms submitted or filed after the deadline must explain the failure to observe the law. Asset disclosures are not public.

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

A variety of domestic and international human rights groups have generally operated without government restriction, investigating and publishing their findings on human rights cases. The overall climate for NGOs, however, has shifted in the last few years. Some human rights NGOs complained of a negative government reaction when they challenged government practice or policy. Many NGOs are concerned the government is using the NGO registration laws passed in June to deregister NGOs that focus on human rights. In August the registrar of NGOs deregistered 158 NGOs for “unaccepted” behavior, alleging they were used for profit sharing and benefiting their members, which is outside the permitted NGO activities.

In May the registrar of societies in the Ministry of Home Affairs issued a public notice requesting that all religious institutions and community-based organizations registered under the ministry verify their registration status with all the required documentation. The countrywide process began with Dar es Salaam and the coastal regions in May and continued at year’s end. There are similar concerns about how the government can use this process to deregister organizations that make any statements related to human rights.

The United Nations or Other International Bodies: The government generally cooperated with visits from UN representatives, such as special rapporteurs, as well as those from UN specialized agencies such as the International Labor Organization or other international organizations (but not including NGOs) that monitor human rights.

Government Human Rights Bodies: The union parliamentary Committee for Constitutional, Legal, and Public Administration is responsible for reporting and making recommendations regarding human rights.

The Commission for Human Rights and Good Governance (CHRAGG) operated on both the mainland and Zanzibar, but low funding levels and lack of leadership limited its effectiveness. The commission has no legal authority to prosecute cases but can make recommendations to other offices concerning remedies or call media attention to human rights abuses and violations and other public complaints. It also has authority to issue interim orders preventing actions in order to preserve the status quo pending an investigation. The CHRAGG also issued statements and conducted public awareness campaigns on several issues. These included the need for regional and district commissioners to follow proper procedures when exercising their powers of arrest, the need for railway and road authorities to follow laws and regulations when evicting citizens from their residences, and calling on security organs to investigate allegations of disappearances or abductions, including of journalists, political leaders, and artists.

On September 19, President Magufuli appointed a CHRAGG chairman and five commissioners.

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

Rape and Domestic Violence: The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation. The law stipulates a woman wishing to report a rape must do so at a police station, where she must receive a release form before seeking medical help. This process contributed to medical complications, incomplete forensic evidence, and failure to report rapes. Victims often feared that cases reported to police would be made public.

On May 21, MP Zitto Kabwe criticized the government’s failure to apprehend rape culprits in the Kigoma Region. He referred to a practice known as teleza, when perpetrators apply dirty oil over their bodies to become slippery to make them harder to catch. Kabwe received a report of three raped women in his constituency who were admitted to the Kigoma Hospital. The NGO Tamasha was the first to expose the cases and reported a total of 43 rape cases. Tamasha later engaged human rights NGOs such as the LHRC, THRDC, and Twaweza, which collectively raised the issue in a letter to the government.

The law prohibits assault but does not specifically prohibit domestic violence. Domestic violence against women remained widespread, and police rarely investigated such cases. The LHRC Mid-Year Human Rights Report covering January through June stated that sexual violence against children remained an issue of concern. The LHRC, however, was not able to obtain data on reported cases of violence against children on the mainland. Media surveys and human rights-monitoring NGOs showed that many children continued to be subjected to sexual violence, especially rape. According to the LHRC report, 66 percent of reported major violence against children incidents were sexual violence, of which 90 percent were rape: 30 percent of such incidents were reported in Lake Zone (Geita, Mwanza, Shinyanga, Mara, Simiyu and Kagera Regions), while the Southern Highlands Zone accounted for 32 percent.

Authorities rarely prosecuted persons who abused women. Persons close to the victims, such as relatives and friends, were most likely to be the perpetrators. Many who appeared in court were set free because of corruption in the judicial system, lack of evidence, poor investigations, and poor evidence preservation.

There were some government efforts to combat violence against women. Police maintained 417 gender and children desks in regions throughout the country to support victims and address relevant crimes. In Zanzibar, at One Stop Centers in both Unguja and Pemba, victims could receive health services, counseling, legal assistance, and a referral to police. In August, Kagera Regional Police reported they had registered 88 cases of gender-based violence between January and July that are pending in court. These included 46 cases of rape, while the rest were related to school pregnancies.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C from being performed on girls younger than age 18, but it does not provide for protection to women ages 18 or older. For information on the incidence of FGM/C, see Appendix C.

Prosecutions were rare. Many police officers and communities were unaware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from FGM/C supporters. Some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM/C on their daughters. The Ministry of Health reported that approximately 10 percent of women had undergone FGM/C. The areas with the highest rates of FGM/C were Manyara (58 percent), Dodoma (47 percent), Arusha (41 percent), Mara (32 percent), and Singida (31 percent).

Sexual Harassment: The law prohibits sexual harassment of women in the workplace. There were reports women were asked for sexual favors in return for promotions or to secure employment. According to the Women’s Legal Aid Center, police rarely investigated reported cases. Those cases that were investigated were often dropped before they got to court–in some instances by the plaintiffs due to societal pressure and in others by prosecutors due to lack of evidence. There were reports women were sexually harassed when campaigning for office, and one MP said that women MPs were subjected to sexual harassment frequently. The LHRC released a report in 2018 stating female students were frequently sexually harassed in higher-learning institutions, a point reiterated by a professor at the University of Dar es Salaam in a Tweet calling on President Magufuli to intervene because there were so many incidents of harassment on campus.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides the same legal status and rights for women and men, including in matters such as employment, housing, or access to education and health care; however, the law also recognizes customary practices that often favored men.

While women faced discriminatory treatment in the areas of marriage, divorce, inheritance, and nationality, overt discrimination in areas such as education, credit, business ownership, and housing was uncommon. Nevertheless, women, especially in rural areas, faced significant disadvantages due to cultural, historical, and educational factors. According to the 2018 World Economic Forum Global Gender Gap Report, men earn 39 percent more than do women.

Birth Registration: Citizenship is derived by birth within the country or abroad if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. The Registration, Insolvency and Trusteeship Agency, in collaboration with Tigo telecommunication company, facilitated birth registrations of more than 3.5 million children younger than age five over the last six years in 13 regions. For additional information, see Appendix C.

Education: Tuition-free primary education is compulsory and universal on both the mainland and Zanzibar until age 15. Secondary school is tuition free but not compulsory.

Girls represented approximately one-half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. At the secondary level, child marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.

Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In 2017, however, President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws. This policy led to girls being blamed and excluded from educational opportunities, while the fathers of the babies were often their teachers or other older men who frequently did not suffer any consequences.

Child Abuse: Violence against and other abuse of children were major problems. Corporal punishment was employed in schools, and the law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found almost 75 percent of children experienced physical violence prior to age 18. In April the Maswa Simiyu Regional Court sentenced a teacher to 30 years in prison after he was convicted of raping two former students.

On October 3, video clips appeared on social media showing the regional commissioner of Songwe beating a group of male secondary school students contrary to established procedure. The following day, President Magufuli publicly urged parents and schoolteachers to do the same.

Early and Forced Marriage: The law sets the legal age for marriage at 18. A 2016 amendment to the Law of the Child makes it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as age seven were married. Zanzibar has its own law on marriage, but it does not specifically address early marriage. The government provided secondary school-level education campaigns on gender-based violence, which, in one reported case in 2018, led to one girl using that knowledge to escape a forced marriage. For additional information, see Appendix C.

On October 23, the Court of Appeal rejected a government appeal to retain provisions in the Marriage Act of 1971, which would permit girls as young as 14 to marry with parental consent, ruling that the act was unconstitutional and discriminatory towards girls. The government must now remove the parental consent exceptions provision for marriage before the age of 18.

Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to a fine ranging from TZS one million ($440) to TZS 500 million ($220,000), a prison term of one to 20 years, or both. Those convicted of child sex trafficking are subject to a fine ranging from TZS five million ($2,200) and TZS 150 million ($66,000), a prison term of 10 to 20 years, or both. There were no prosecutions based on this law during the year.

The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced because of cases not being reported or because girls facing pressure dropped charges. For example there were accounts of rapes of girls that went unreported in Zanzibar.

Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.

Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported 6,132 children were living in hazardous conditions during the year. These children had limited access to health and education services, because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse. According to the Ministry of Health, Community Development, Gender, Elderly, and Children, from July 2018 to March, 13,420 displaced children were given necessities including food, clothing, education, and health from a combination of government and private organizations.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish population is very small, and there were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.

Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law. The law provides for access to information and communication, but not all persons with disabilities had such access.

There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position that covers disabilities. The country defines persons with albinism as disabled and appointed a person with albinism as its ambassador to Germany in 2017.

Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the National Electoral Commission to implement directives concerning disability, and prejudice toward persons with disabilities.

According to the 2008 Tanzanian Disability Survey, an estimated 53 percent of children with disabilities attended school. There were no significant reported patterns of abuse in educational or mental health facilities.

Consensual same-sex sexual conduct is illegal in the country. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence of 30 years to life on the mainland and imprisonment up to 14 years in Zanzibar. In Zanzibar the law also provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be LGBTI based on their dress or manners.

During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. On September 20, the deputy minister of home affairs instructed police in Zanzibar to arrest members of the LGBTI communities, accusing them of being unethical, unaccepted, and against the law, and of bringing a bad image to the island and being linked to drug use. During the year there was one report that police arrested two suspects for alleged homosexual activity and subjected them to forced anal examinations. There were also reports of arrests and detentions to harass known LGBTI activists.

LGBTI persons continued to be afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.

In January, after being arrested for allegedly engaging in same-sex activity, 17 individuals were reportedly subjected to anal exams in Kigongoni Public Hospital, Arusha, by medical personnel in the presence of armed police. The victims had no lawyer or representative present, and the “results” were never shared.

In 2017 authorities filed a case against two women in Mwanza who were recorded on a video posted on social media exchanging rings in an engagement ceremony. The case was withdrawn without being heard in 2018 and then reopened as a new case in June.

In April a 19-year-old student at Katoro Islamic Seminary died after being beaten by a teacher and fellow students. They reportedly beat him because of his alleged same-sex activity. He was buried without his family being informed; they contacted police when they realized he was missing. Following an investigation, police arrested four teachers and 11 students. Police also obtained a court order to exhume the remains for further investigation.

The 2013 People Living with HIV Stigma Index Report indicated persons with HIV/AIDS experienced significant levels of stigma countrywide (39 percent), with stigma particularly high in Dar es Salaam (50 percent). The most common forms of stigma and discrimination experienced were gossip, verbal insults, and exclusion from social, family, and religious activities. More than one in five persons with HIV/AIDS experienced a forced change of residence or inability to rent accommodations. In Dar es Salaam, nearly one in three of these persons experienced the loss of a job or other source of income.

The law prohibits discrimination against any person “known or perceived” to be HIV-positive and establishes medical standards for confidentiality to protect persons with HIV/AIDS. Police abuses of HIV-positive persons, particularly in three key populations (sex workers, drug users, and LGBTI persons), included arbitrary arrest, extortion, and refusal to accept complaints from victims of crime. In the health sector, key populations experienced denial of services, verbal harassment and abuse, and violations of confidentiality. In 2017 the government allowed community-based services for key populations to be reinstated following the release of revised guidelines, although the distribution of lubricants is still banned. NGOs and CSOs serving these key populations continued to face occasional backlash and harassment from law enforcement. There was continuing fear among these NGOs to operate freely and openly, as well as among LGBTI persons to seek health services, including HIV prevention and treatment.

Gender desks at police stations throughout the country were established to help address mistrust between members of key populations and police.

Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC Mid-Year Report, 385 were killed in mob violence. For example, in June, in the town of Shinyanga, Esther Samwel was killed by an angry mob after being accused of stealing some greens and vegetables at the market place.

Witchcraft-related killings continued to be a problem. According to the LHRC Mid-Year Report, there were 106 witchcraft-related killings from January to June. Major victims or targets of such killings continued to be elderly women and children. The regions with the greatest number of killings were Mbeya, Iringa, Dar es Salaam, and Shinyanga. For example, in Dar es Salaam, police arrested a man for selling his six-year-old daughter to be killed so that her body parts could be used in a potion to make him rich. The child’s body was found decapitated in the Mbeya Region with the right foot amputated.

From January to June, 10 children in Njombe Region were reported missing and later found dead with some body parts missing. In connection to this case, 28 suspects were arrested.

In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism. Attacks on persons with albinism were declining, and from January through June, there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes. One shelter in Buhangija, however, had almost 470 children with albinism living there, but it was reported that 350 of these children have been reunited with their families. Widespread discrimination against persons with albinism still existed. During the year a woman with albinism was reportedly harassed at her place of work in Mwanza by other workers. She lost her job as a hotel restaurant hostess and was told to work cleaning the rooms instead.

Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence continued to break out during some disputes.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public-service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water and sanitation, electricity, health services and associated laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for the provision of these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority periodically to deem which services are essential.

According to the 2004 Labor Relations Act, an employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations were not sufficient to deter violations. Disputes on the grounds of antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes in the country.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict registration by setting forth criteria for determining whether an organization’s constitution contains suitable provisions to protect its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private sector workers have the right to strike as long as they follow procedures outlined in the labor law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees also have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection.

In Zanzibar the courts are the only venue in which labor disputes can be heard. According to the Commission of Labor in Zanzibar, 16 workers used the courts for labor disputes. Labor enforcement in Zanzibar is insufficient, especially on the island of Pemba.

The government did not effectively enforce the law protecting the right to collective bargaining. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures. The Tanzania Mines, Energy, Construction, and Allied Workers’ Union met in June to discuss how to improve organizing in the mining sector.

TUCTA also expressed concern over the proposal of a new computation formula for pensions. Under the new formula, 25 percent would be issued as a lump sum while the remaining 75 percent would be paid in monthly installments. TUCTA called for the government to revert to the old formula, under which workers received a 50 percent lump sum payment upon retirement. By the end of December 2018, President Magufuli announced the new formula would not go into effect until 2023 to provide more time to reach consensus.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor. The law allows prisoners to work without pay on construction and agriculture projects within prisons. The law deems such work acceptable as long as a public authority ensures the work is not for the benefit of any private party. The law also allows work carried out as part of compulsory national service in certain limited circumstances. The constitution provides that no work shall be considered forced labor if such work forms part of compulsory national service in accordance with the law, or “the national endeavor at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.”

The law establishes criminal penalties for employers using forced labor, but penalties are not sufficient to deter violations. The government did not effectively enforce the law. Neither the government nor the International Labor Organization (ILO) provided statistics on government enforcement. The ILO reported unspecified instances of forced labor, including those involving children from the southern highlands forced into domestic service or labor on farms, in mines, and in the informal business sector. Forced child labor occurred (see section 7.c.). In late 2018 the government drafted a national child labor strategy, which has yet to be formally launched.

Prisoners perform unpaid and nonvoluntary labor on projects outside of the prison, such as road repair, agriculture, and government construction projects. The Ministry of Home Affairs reported that prisoners perform labor on a joint sugar plantation project, including planting 2,000 acres of sugar under an agreement between the National Social Security Fund and the Parastatal Pension Fund (PPF). The Moshi Prison Department, in collaboration with PPF, installed leather manufacturing equipment, and prisoners produce shoes and handbags.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the exploitation of children in the workplace. By law the minimum age for contractual employment is 14 on the mainland; in Zanzibar the minimum age is 15. Children older than 14 but younger than 18 may be employed to do only nonhazardous work that is not likely to be harmful to the child’s health and development or attendance at school. The government published regulations to define hazardous work for children in several sectors, including in agriculture, fishery, mining, and quarrying, construction, service, informal operations, and the transport sectors. The law specifically limits working hours for children to six hours a day. Penalties were not sufficient to deter violations, and there were no reported cases of prosecutions under this law.

The government did not adequately enforce the law. The lack of enforcement left children vulnerable to exploitation and with few protections. Child labor was prevalent in agriculture, mining, industry, fishing, and domestic work. The ILO previously worked with the government to train labor inspectors on child labor, but there were no such activities reported during the year.

Child labor cases were brought to court in the mainland. Zanzibar’s Ministry of Labor, Youth Development, Women, and Children did not take legal action related to child labor.

Government measures to ameliorate child labor included verifying that children of school age attended school, imposing penalties on parents who did not enroll their children in school, and pressing employers in the formal sector not to employ children younger than 18. In September 2018 President Magufuli appointed a new labor commissioner who reportedly listed reducing child labor as one of his priorities. The country developed a national strategy for child labor in 2018; however, the government has yet to launch the strategy.

On the mainland children worked as domestic workers, street vendors, and shopkeepers as well as in small-scale agriculture, family-based businesses, fishing, construction, and artisanal mining of gold and tanzanite. According to Human Rights Watch, children as young as eight worked in mining. In Zanzibar children worked primarily in fishing, clove picking, domestic labor, small businesses, and gravel making.

In Zanzibar the government’s endeavors to contain child labor were minimal. In Micheweni and, Mwambe villages, for example, children were engaged in stone crushing. In fishing villages such as Matemwe, children would not go to school but go to work at the fish market.

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

d. Discrimination with Respect to Employment and Occupation

The employment and labor relations law prohibits workplace discrimination, directly or indirectly, against an employee based on color, nationality, tribe, or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/AIDS, age, or station in life. The law does not specifically prohibit discrimination based on sexual orientation or gender identity, language, citizenship, or other communicable disease status. The law distinguishes between discrimination and an employer hiring or promoting based on affirmative action measures consistent with the promotion of equality, or hiring based on an inherent requirement of the job. The government in general did not effectively enforce the law, and penalties were insufficient to deter violations.

Women have the same status as men under labor law on the mainland. According to TUCTA, gender-based discrimination in terms of wages, promotions, and legal protections in employment continued to occur in the private sector. It was difficult to prove and often went unpunished. While employers in the formal sector were more attentive to laws against discrimination, problems were particularly acute in the informal sector, in which women were disproportionately employed. Women often were employed for low pay and in hazardous jobs, and they reported high levels of bullying, threats, and sexual harassment. A 2015 study by the LHRC found that women faced particular discrimination in the mining, steel, and transport industries. The 2017 LHRC human rights and business report shows women still experienced discrimination.

Discrimination against migrant workers also occurred. They often faced difficulties in seeking documented employment outside of the informal sector. The Noncitizens Employment Regulation Act of 2015 gives the labor commissioner authority to deny work permits if a citizen with the same skills is available. During the year foreign professionals, including senior management of international corporations, frequently faced difficulties obtaining or renewing work permits. Because refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector. While efforts by nongovernment and government actors had been made to curb discrimination and violence against persons with albinism, the LHRC reported that this population still lived in fear of their personal security and therefore could not fully participate in social, economic, and political activities. The LHRC also stated that persons with disabilities also faced discrimination in seeking employment and access to the workplace.

Inspections conducted since the enactment of the law in 2015 revealed 779 foreign employees working without proper permits. Of these, 29 were repatriated and 77 were arraigned in court. Because legal refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector.

e. Acceptable Conditions of Work

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The minimum wage was above the government poverty line, but in many industries, it was below World Bank standards for what constitutes extreme poverty. The government’s poverty line has not been updated since 2012. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was above the poverty line.

The standard work week is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breastfeeding women for work between 10 p.m. and 6 a.m.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards had been improving, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The audit found the vast majority of recommendations had been fully implemented.

OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority did not employ sufficient inspectors. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported many workers did not have written contracts, and those who did were often not provided with written copies of their contract. Additionally, employers often kept copies of the contracts that differed from the versions given to the employees. Companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not effectively enforce labor standards, particularly in the informal sector, where the majority of workers were employed. Penalties were insufficient to deter violations. The number of inspectors was insufficient to deter violations.

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notification Survey (latest available), the sectors with the highest rates of fatal accidents were construction and building, transport, and mining and quarrying. Domestic workers were reportedly frequent victims of abuse.

Zimbabwe

Executive Summary

Zimbabwe is constitutionally a republic. The country elected Emmerson Mnangagwa president for a five-year term in July 2018 in general elections. Despite incremental improvements from past elections, domestic and international observers noted serious concerns and called for further reforms necessary to meet regional and international standards for democratic elections. Numerous factors contributed to a flawed overall election process, including: the Zimbabwe Election Commission’s (ZEC) lack of independence; heavily biased state media favoring the ruling party; voter intimidation; unconstitutional influence of tribal leaders; disenfranchisement of alien and diaspora voters; failure to provide a preliminary voters roll in electronic format; politicization of food aid; security services’ excessive use of force; and lack of precision and transparency around the release of election results. The election resulted in the formation of a government led by the ruling Zimbabwe African National Union-Patriotic Front (ZANU-PF) party with a supermajority in the National Assembly but not in the Senate.

The Zimbabwe Republic Police (ZRP) maintains internal security. The Department of Immigration and the ZRP, both under the Ministry of Home Affairs, are primarily responsible for migration and border enforcement. Although the ZRP is officially under the authority of the Ministry of Home Affairs, the Office of the President directed some ZRP roles and missions in response to civil unrest. The military is responsible for external security but also has some domestic security responsibilities. The Zimbabwe National Army and Air Force constitute the Zimbabwe Defense Forces under the Minister of Defense. The police report to the Ministry of Home Affairs and the military reports to the Ministry of Defense. The Central Intelligence Organization, under the Office of the President, engages in both internal and external security matters. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings of civilians by security forces; torture and arbitrary detention by security forces; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of government restrictions on free expression, press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; restrictions on political participation; widespread acts of corruption; crimes involving violence or threats of violence targeting women and girls; and the existence of laws criminalizing consensual same-sex sexual conduct between adults, although not enforced.

Impunity remained a problem. The government took very few steps to identify or investigate officials who committed human rights abuses, and there were no reported arrests or prosecutions of such persons.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedoms of expression and of the media, but the law limits these freedoms in the “interest of defense, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.” The government continued to arrest, detain, and harass critics, and journalists practiced self-censorship.

Freedom of Expression: There were no official restrictions on individuals criticizing the government or discussing matters of general public interest. Authorities, however, remained sensitive to criticism in general, particularly when directed at President Mnangagwa. Persons accused of insulting the president and his office are charged under section 33 (2) (b) of the criminal law (Codification and Reform Act), undermining authority of or insulting a president, but this was contested in the Supreme Court on the basis that the section infringed on the right to freedom of expression. The court did not make a final determination on its constitutionality, however, and the law remained in force. On August 28, the ZLHR reported assisting 10 individuals charged under the law since January. Additionally, 22 activists or government critics were charged with violating other sections of the same law for attempting to subvert a constitutionally elected government or criminal nuisance.

In February, Tendai Biti, former finance minister and senior official of the MDC, the largest opposition party, was convicted and fined 200 RTGS ($15) for unlawfully announcing that MDC leader Nelson Chamisa had won the 2018 presidential election over ZANU-PF candidate Emmerson Mnangagwa. According to the decision, Biti’s announcement was “false and unlawful.”

Press and Media, Including Online Media: Independent newspapers and commercial radio stations were active and expressed a wide variety of views, although with some restrictions. State-sponsored media, however, were the most prevalent. The Ministry of Media, Information, Publicity, and Broadcasting Services exercised control over state-run media.

Independent newspapers continued to operate freely, although journalists reported practicing self-censorship.

On April 4, police intentionally shot three teargas canisters into the offices of a local media organization, @263Chat, in Harare and then barricaded the doors, preventing staff from exiting. Lovejoy Mutongwiza, a reporter with @263Chat, had been filming the police arresting vendors. Police officers chased him to the media outlet’s offices and then fired a teargas canister directly at Mutongwiza, striking him in the abdomen. Two other canisters were thrown into the offices while police officers barricaded the doors. The @263Chat staff fled the offices through second floor windows. Police also confiscated a mobile phone used to record the attack.

On March 21, police arrested documentary filmmaker Zenzele Ndebele and charged him with “possession of offensive weapons at public gatherings.” Security officers claimed they found an empty tear gas canister in the journalist’s car when he arrived for a meeting between President Emmerson Mnangagwa and civil society organizations in Bulawayo.

The government used accreditation laws to monitor international media journalists’ entry into the country. The government required foreign journalists to obtain permits 60 days before travelling to the country in order to report from the country.

Foreign reporters paid more for permits and accreditation than did their local counterparts. The Zimbabwe Media Commission charged 200 RTGS ($15) for a foreigner’s 60-day accreditation, while local journalists paid 10 RTGS dollars ($0.63) for a one-year accreditation.

On January 29, state media criticized foreign media after President Mnangagwa stated he was “appalled” by an attack by the British station Sky News broadcast of Zimbabwe security officials attacking a protester. The Herald newspaper reported authorities were worried about “surreptitious reporting by Sky News and company.” It alleged a Western embassy was working with local media to besmirch the country and accused the television station of “manufacturing” stories about police brutality. It quoted Information Ministry Permanent Secretary Nick Mangwana as stating the journalist who reported the story did not have accreditation to work in the country.

International media outlets such as al-Jazeera and the BBC continued to operate in the country.

Radio remained the principal medium of public communication, particularly for the rural majority. All urban commercial radio stations licensed in 2015 were operating during the year. Despite their perceived allegiance to ZANU-PF, these stations included independent voices in their programming. The government did not license any community radio stations during the year.

The government-controlled Zimbabwe Broadcasting Corporation (ZBC)–the country’s only domestically based television broadcasting station–operated one channel. International satellite television broadcasts were available through private firms but were too expensive for most citizens.

On July 23, High Court Judge Justice Joseph Mafusire ruled the state-controlled ZBC and Zimbabwe Newspapers Group (also known as Zimpapers) had, during the 2018 election campaign, “conducted themselves in material breach of section 61 of the constitution,” which governs freedom of expression and freedom of the media. The judge ordered the two organizations to produce impartial and independent broadcasts and ensure communications did not favor any political party or candidate over another.

Violence and Harassment: Security forces, officials, and supporters from the majority political party routinely harassed journalists.

On January 17, police arrested and detained Gift Phiri, an editor with the Daily News newspaper, for reporting that members of the Zimbabwe National Army (ZNA) assaulted delivery drivers as they left Harare to distribute the newspaper. The ZNA accused them of writing negative stories about the government. The incident occurred after the government crackdown on the public, following protests in Harare and Bulawayo the same week.

On August 16, police assaulted local journalist Talkmore Fani Mapfumo for filming police officers dispersing protesters in Harare. Video footage showed officers in full antiriot gear charging toward Mapfumo and demanding that he stop filming. The journalist produced his accreditation card, but the officers took turns assaulting him with batons.

Censorship or Content Restrictions: The government maintained censorship through media registration and accreditation laws, although many provisions of the law are inconsistent with the constitution. The law provides the government with extensive powers to control media and suppress free speech by requiring the registration of journalists and prohibiting the “abuse of free expression.” Government-controlled media practiced self-censorship and bias in favor of the ruling party.

In February independent media research organization Media Monitors published a report, Change of Guard, alleging the country’s military takeover of ZBC in 2017 still had a chilling effect on ZBC operations, a government-controlled broadcaster.

Libel/Slander Laws: The Constitutional Court ruled the constitution prohibits criminal defamation. Civil defamation laws remained in force.

Newspapers exercised self-censorship due to government intimidation and the prospect of prosecution under civil libel laws.

On March 12, police detained Tinashe Jonasi, leader of Ideal Zimbabwe political party, for undermining the authority of or insulting President Mnangagwa. On April 3, the High Court freed him on 500 RTGS dollars ($30) bail and ordered him to report twice a week at a police station.

National Security: The law grants the government a wide range of legal powers to prosecute persons for political and security crimes that are not clearly defined. For example, the extremely broad Official Secrets Act criminalizes the divulging of any information acquired by government employees in the course of official duties. Authorities used these laws to restrict publication of information critical of government policies or public officials.

The law permits the government to monitor all communications in the country, including internet transmissions. Internet and mobile phone communication in the country was widely available. The government, however, regulated internet and mobile phone communication to curb dissent and increased its share of the information and communications technology market and international gateways.

In mid-January the government used the Interception of Communications Act to suspend internet access for three days. On January 21, a High Court ruling declared the directive illegal. The government allowed internet service providers to increase fees, which limited internet access.

The government regularly monitored and interfered with use of social media. On August 15, police arrested human rights activist Pride Mkono for tweeting “Fellow Zimbabweans, let us all join hands and fight the regime head on…until the government concedes to our demands or leaves office.” Mkono was charged with subverting a constitutional government. On August 23, a High Court justice freed Mkono on 200 RTGS dollars ($15) bail with reporting conditions. The case remained pending as of year’s end.

The communications laws facilitated eavesdropping and call interception by state security personnel. The law allows law enforcement officers to apply to the responsible minister for a warrant authorizing them to intercept communications, including calls, emails, and other messages. Regulations permit officers to apply for interception warrants if they know the identities of individuals whose calls and messages they want to intercept.

The government did not restrict academic freedom during the year; however, the law restricts the independence of universities, subjecting them to government influence and providing disciplinary powers over staff and students to university authorities. The country’s president is the chancellor of all eight state-run universities and appoints their vice chancellors. The government has oversight of higher education policy at public universities through the Ministry of Higher and Tertiary Education.

On June 27, Harare Polytechnic suspended Amos Dauzeni, a lecturer in the tourism department, for criticizing the president, according to ZLHR. The lecturer was accused of “misconduct for allegedly denigrating President Mnangagwa by stating he had mismanaged the country’s economy, resulting in the payment of poor salaries to government workers.”

The Censorship and Entertainment Controls Board (CECB) approves scripts by playwrights. Artists who violated provisions of the Censorship and Entertainment Control Act (CECA) received fines and prison sentences.

On July 27, police raided the offices of Rooftop Promotions; on July 28, they arrested director Daves Guzha, theater manager Peter Churu, producer Tendai Humbasha Maduwa, and scriptwriter Kudakwashe Brian Bwititi after they showed the film The Lord of Kush without CECB approval, allegedly in contravention of the CECA. Magistrate Barbra Mateko freed each artist on bail of 200 RTGS dollars ($15) and postponed the case repeatedly. The next hearing was set for January 6, 2020. Information Ministry Permanent Secretary Nick Mangwana told media the film, which is set in Pakistan and deals with religious fundamentalism, had “security implications for a foreign power.”

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

The government restricted freedoms of peaceful assembly, association, or both. In August parliament passed the Maintenance of Peace and Order Act (MOPA) to replace the Public Order and Security Act (POSA), and President Mnangagwa signed it into law in November. MOPA, like POSA, requires organizers to notify police of their intention to hold a public gathering, defined as 15 or more individuals, seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. MOPA stipulates the government must respond to notifications to demonstrate within three days, whereas POSA provided no time limit. By year’s end MOPA had been invoked to restrict free peaceful assembly in a manner similar to POSA.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response. Police issued prohibition orders against dozens of planned, nationwide MDC demonstrations in August, citing reasonable suspicion the protests would result in violence and property damage. Police also charged the MDC national organizing secretary and deputy secretary for violating POSA’s clause about complying with a prohibition order when protesters gathered in downtown Harare on August 16, despite the ZRP’s last-minute prohibition.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. A small group of persons, however, protesting U.S. sanctions received a permit to camp in front of the U.S. embassy in Harare from March to September.

On August 23, police forcibly dispersed a small protest by the ARTUZ at the Ministry of Finance building in Harare. The ZRP arrested the union’s president, Obert Masaraure, and seven other members, as well as ARTUZ attorney Doug Coltart, after he protested the arrests and filmed police actions.

In late November police used batons and tear gas to disperse groups of citizens who had gathered downtown to listen to a speech by MDC leader Nelson Chamisa.

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties. For example, a Bulawayo-based NGO reported that on August 30, police used tear gas to break up a training session it held for its members, claiming it was “unsanctioned.” Local NGOs provided multiple similar reports.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted these rights.

In-country Movement: Police interrupted freedom of movement with checkpoints less frequently than in 2018 but continued to operate regular checkpoints nationwide along most major routes. They used these checkpoints to screen vehicle occupants for potential participation in antigovernment protests.

Foreign Travel: The constitution provides the right for citizens to enter and leave the country and the right to a passport or other travel documents. In July the government announced a shortage of special imported paper and ink supplies used to make passports. The Office of the Registrar General reported a 50,000-passport shortage in July, and applicants reported the office advised them to reapply in 2022.

In February the cabinet approved amendments to the Zimbabwe Citizenship Bill to allow dual citizenship as prescribed in the constitution. There were reports the Office of the Registrar General sometimes imposed administrative obstacles in the passport application process for dual citizens, particularly Malawian, Zambian, and Mozambican citizens.

In September the ZRP prohibited alleged abduction victim Peter Magombeyi from departing the country to seek medical care in South Africa. Magombeyi’s relatives obtained a High Court order allowing him to depart; ZRP officials defied this ruling and filed a petition to find the order erroneous. The High Court dismissed the ZRP’s petition. Magombeyi departed the country on September 26.

Exile: The constitution prohibits expulsion from the country for all citizens. A number of persons, including former government officials, prominent businessmen, human rights activists, opposition party members, and human rights lawyers, left the country and remained in self-imposed exile due to fear of persecution.

Citizenship: The 2013 constitution provides for three different classes of citizenship: by birth, by descent, or by registration. The government deprived some sections of the population of citizenship rights based on the law, which revokes the citizenship of persons who fail to return to the country in any five-year period.

Despite a constitutional provision of citizenship and having voted previously, some persons were denied the right to vote during the by-elections throughout the year because they could not adequately demonstrate their citizenship. An amendment to the Citizenship Act aligned the law with the 2013 constitution to allow dual citizenship beginning February 27.

According to international organizations, approximately 113,000 households were displaced and more than 250 groups of identified internally displaced persons (IDPs) lived throughout the country. The primary causes of displacement were rural evictions (45.7 percent), natural disasters (27.7 percent), localized conflict (13.3 percent), and urban evictions (13.1 percent). The most significant historical events that created internal displacement included state-sponsored election-related violence, land reform, and the government’s eviction of citizens from nonfarming areas in 2005, known as Operation Murambatsvina. According to one NGO, Operation Murambatsvina resulted in the destruction of homes and livelihoods affecting an estimated 700,000 persons. Until 2009 the government denied the existence of any IDPs.

In March, Cyclone Idai displaced hundreds of persons in Chimanimani. Approximately 800 were housed in three IDP camps, where shelter, security, and cooking facilities were inadequate. Government officials anticipated the camps would remain in place until April 2021.

In 2014 approximately 15,000 persons were displaced from the vicinity of the Tokwe-Mukosi dam in Masvingo Province. Other documented displacements were from disputed farming areas. At year’s end several thousand households in disputed farming areas were at risk of displacement due to verifiable threats or eviction notices. Most of the persons displaced had resided on their land for years without formal offer letters or title deeds. The government provided no resettlement assistance to evicted families and depended primarily on international organizations to do so.

IDPs from previous years remained in near-emergency conditions, with an overwhelming majority living without basic sanitation. IDPs were among the populations at greatest risk of food insecurity. In addition to improved living conditions, IDPs required regularization of their status. Without needing any official documentation, several generations of farm workers originally from neighboring countries previously resided in insular commercial farming communities. With the eviction of farm owners, these farm workers were forced to move to adjacent communal lands and left without employment or health and education services.

Contractors and NGOs independent of the government that carried out food security and other assessments faced problems in accessing certain rural districts. In isolated cases local authorities advised organizations against traveling to farms involved in ownership disputes, where aid workers might be at risk.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Security forces detained irregular migrants in prisons with convicted criminals. Prolonged detention for migrants was common. Migrants complained of mistreatment by other prisoners. The government sometimes worked with international organizations to assist the voluntary repatriation of migrants, primarily Mozambicans settled on the border between the two countries.

There were no reports of physical abuse or violence directed specifically at migrants, refugee or asylum seekers, or stateless persons. 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.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR, the country hosted approximately 21,000 refugees and asylum seekers during the year. The Tongogara refugee camp hosted approximately 13,700 refugees and asylum seekers, with an estimated 100 arrivals each month, primarily from the Democratic Republic of the Congo, Mozambique, and Burundi.

Freedom of Movement: The government maintained a formal encampment policy requiring refugees to live at the Tongogara refugee camp. Nevertheless, at year’s end more than 840 refugees lived in urban areas, including Harare and Bulawayo, and more than 8,080 Mozambican asylum seekers lived among host communities along the border with Mozambique.

Employment: Refugees in the informal sector had limited employment options due to the encampment policy requiring all refugees to reside in the Tongogara refugee camp. UNHCR partners and Julia Taft Fund grant recipients continued to set up banana farming, livestock production, and soap production for livelihood activities in the camp.

Durable Solutions: While the government did not accept refugees from foreign countries for resettlement, it facilitated the voluntary repatriation of refugees to their home countries by recognizing the Voluntary Repatriation Declaration Form as a valid document for travel purposes. The government also allowed Rwandan refugees, who lost prima facie refugee status following implementation of the 2013 Rwandan cessation clause, to remain in the country pending final arrangements by the government. Additionally, the Office of the Commissioner for Refugees stated that Rwandans with Zimbabwean spouses would be permitted to regularize their stay in the country. Many refugees were unwilling to return to their home countries voluntarily, and resettlement remained the only viable solution for many of them.

The country has a significant number of habitual residents who are legally or de facto stateless. In 2015 international organizations estimated a minimum of 300,000 persons in the country were stateless. No more recent data was available. Migration patterns, strict nationality transmission regulations, and failure to register births contributed to the country’s stateless population. (Children born between 1980 and 1996 to a Zimbabwean mother but a father without Zimbabwean citizenship cannot claim Zimbabwean citizenship unless they were born out of wedlock. The United Nations estimated only 74 percent of births were registered in the country.)

Section 3. Freedom to Participate in the Political Process

Although the constitution provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot, this right was restricted. The political process continued to be heavily biased in favor of the ruling ZANU-PF party, which dominated politics and government.

Recent Elections: Most international and local independent observers characterized the 2018 presidential, parliamentary, and local elections as largely free of violence but not meeting the mark for credible elections. SADC, the African Union, and the Common Market for Southern and Eastern Africa (COMESA), however, declared the elections free and fair. Political parties and civil society organizations complained of widespread voter disenfranchisement, including of foreign-born and diaspora voters, and the inability to compete on a level playing field. State media coverage was heavily biased in favor of ZANU-PF and provided almost no access to or positive coverage of the opposition. There were reports of voter intimidation, including the collection of voter registration slips by party and tribal leaders to undermine the secrecy of the vote. While the law obliges traditional chiefs to be impartial, in rural areas traditional leaders mobilized voters and canvassed support for ZANU-PF. In return, traditional leaders continued to receive farms, vehicles, houses, and other benefits. Local NGOs also reported traditional leaders’ selective distribution of agricultural inputs and food aid to reward ZANU-PF supporters and punish opposition voters.

Political Parties and Political Participation: An unprecedented number of presidential candidates (23) and political parties (55) contested the 2018 elections. Despite this opening of political space, elements within ZANU-PF and the security forces intimidated and committed abuses against other parties and their supporters and obstructed their activities. Local NGOs reported ZANU-PF youth members and so-called war veterans threatened communities with violence if ZANU-PF candidates lost in the elections.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did fully participate as voters and candidates. Women remained largely underrepresented in local and national political offices, and men overwhelmingly held most senior positions in the public sector. Female candidates faced particularly vitriolic gender-based insults regarding appearance, sexual proclivity, and other gender-based stereotypes and faced challenges within their party if running against a male candidate in a primary. During the 2018 elections, several female MDC candidates reported some party leaders required women to have sex with them for their names to appear on the party candidate list. Those who refused found their names left off the list.

Some observers believed that traditional and cultural factors limited the participation of women. Following the 2018 elections, women filled six of 21 cabinet minister positions, an increase from 2013, but well below their 52 percent share of the population and well below the equal representation required by the constitution. Women headed the Ministry of Defense and War Veterans and the Ministry of Youth, Sport, Arts, and Recreation for the first time in the country’s history. Women held six of 12 minister of state positions and six of 13 deputy minister positions. Women made up 31 percent of the National Assembly and Senate, down from 34 percent in 2013. In September 2018 the Senate elected a woman as president. In accordance with the constitution, female members of parliament filled all 60 seats reserved for women in the National Assembly. At the local government level, women held approximately 13 percent of councilor positions nationwide.

Polling officials permitted persons who requested assistance, including blind, illiterate, and elderly persons, to bring an individual with them to mark their ballots as the electoral law requires. The National Association of Societies for the Care of the Handicapped (NASCOH) helped ensure persons with disabilities had access at polling stations throughout Harare, Bulawayo, Gweru, Kwekwe, and Mutare during elections. The Zimbabwe Election Support Network (ZESN) found 97 percent of observed polling stations made adequate accommodations for persons with disabilities, the elderly, and pregnant or nursing women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption; however, the government did not implement the law effectively or impartially, and officials engaged in corrupt practices with impunity. Despite government pronouncements, corruption remained a severe problem that experts described as “catch and release” where the government arrested corrupt officials but never prosecuted their crimes. Police frequently arrested citizens for low-level corruption while ignoring reports implicating high-level businesspersons and politicians.

Corruption: Corruption in both the public and private sectors persisted. The country continued to experience both petty and grand corruption, defined respectively by Transparency International Zimbabwe as an “everyday abuse of entrusted power by low- to mid-level public officials” and “an abuse of high-level power by political elites.”

In May 2018 the president created an anticorruption body within the Office of the President to conduct investigations, bypassing the constitutionally mandated Zimbabwe Anticorruption Commission (ZACC). On January 31, the president dismissed the ZACC board on allegations of incompetence and appointed Loice Matanda-Moyo as the new ZACC chairperson. Matanda-Moyo was a former High Court judge and wife of Minister of Foreign Affairs and International Trade Sibusiso Moyo. She dismissed concerns about her impartiality due to her marriage and insisted she would take a hardline approach and do her job without fear or favor. On July 15, President Mnangagwa swore in eight new commissioners and gave the new ZACC arresting powers. A week later ZACC acted on an audit firm’s report and arrested Minister of Tourism, Environment, and Hospitality Industry Priscilla Mupfumira on seven counts of corruption linked to a reported embezzlement of more than $95 million from the National Social Security Authority. There was concern, however, the ZACC was targeting high-profile officials who were rumored to have fallen out of favor with President Mnangagwa, raising concern the government’s anticorruption efforts were highly politicized.

Implementation of the government’s redistribution of expropriated white-owned commercial farms often favored the ZANU-PF elite and continued to lack transparency (see section 1.f.). High-level ZANU-PF officials selected numerous farms and registered them in the names of family members to evade the government’s policy of one farm per official. The government continued to allow individuals aligned with top officials to seize land not designated for acquisition. The government began the mandated comprehensive land audit in 2018 to reflect land ownership accurately. Landowners connected to ZANU-PF routinely sold land to citizens but refused to transfer ownership officially or to develop the land as agreed upon in contracts. The government announced its intention to partially compensate farmers whose lands had been expropriated and began making small, initial payments to a subset of farmers most in need.

The Ministry of Finance made progress in removing unqualified persons from the state payroll by removing thousands of youth officers from various ministries. According to the most recent audit, illicit salary payments were made to large numbers of persons who were retired, deceased, or otherwise absent from their place of employment. Duplicate personally identifiable information in files indicated some persons received multiple salaries. The government was implementing a biometric registration system for civil servants to reduce improper salary payments.

The Office of the Auditor General released its annual report in June exposing corruption, including Air Zimbabwe’s inability to verify more than $13 million in spending or fully account for its fleet. It also reported six million dollars in contracts clandestinely awarded to Zimbabwe National Roads Administration officials and board members. The report received extensive media coverage, but targeted ZANU-PF officials dismissed the report as exaggerated or falsified. The report attributed 80 percent of its concerns on state-owned enterprises to “governance issues.” The report also exposed poor maintenance of accounting records in some ministries, with some diverting funds for improper purposes while others paid for goods and services not delivered.

Financial Disclosure: The law does not require elected or appointed officials to disclose income or assets.

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

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Such groups were subject to government restrictions, interference, monitoring, confiscation of materials and documentation, arrest, and other forms of harassment. Major domestic NGOs included the Zimbabwe Human Rights NGO Forum, ZESN, Election Resource Center, ZLHR, Zimbabwe Peace Project, ZimRights, Zimbabwe Legal Resources Foundation, Heal Zimbabwe Trust, Women’s Coalition, and Women and Men of Zimbabwe Arise.

The government harassed NGOs that it believed would expose abuses by government personnel or that opposed government policies, and it continued to use government-controlled media to disparage and attack human rights groups, especially those believed to be in communication with western embassies or governments. State media reporting typically dismissed the efforts and recommendations of NGOs critical of government, accusing the NGOs of seeking regime change.

In September a UN special rapporteur on the rights to freedom of peaceful assembly and of association visited the country. His report encouraged the country to ratify remaining key international human rights treaties, combat corruption and impunity, follow the Motlanthe Commission recommendations, and seek support of the Office of High Commissioner for Human Rights, among others.

Government Human Rights Bodies: The ZHRC remained underfunded but managed to fulfill some of its constitutionally mandated functions. The ZHRC conducted public outreach throughout the country. Through its website, a hotline, social media platforms, and mobile legal clinics, the ZHRC’s human rights officers conducted public outreach throughout the country and accepted complaints from the public for investigation. The ZHRC, however, did not have sufficient personnel to investigate the number of complaints it received.

The ZHRC issued a preliminary report condemning demonstration violence in January, including at least eight deaths. In March, Human Rights Watch reported the number of deaths as 17.

The government did not overtly attempt to obstruct the ZHRC’s work or deliberately withhold resources based on the commission’s criticism of the government or security services’ actions. In January and February, however, the ZHRC reported some police officers did not understand the commission’s mandate and denied them information or entry into holding cells to visit the accused.

The establishment of the constitutionally mandated National Peace and Reconciliation Commission (NPRC) continued. The commission consists of nine members with offices located in Harare and Bulawayo. The NPRC established Provincial Peace Committees in all 10 provinces in July. The committees were designed to engage local stakeholders to find solutions to historically intractable issues. In March the High Court ruled to extend the NPRC’s lifespan to January 2028.

The NPRC conducted inclusive, nationwide stakeholder engagements beginning in May to engage citizens in rural areas. The NPRC was involved in President Mnangagwa’s meeting in March with Bulawayo-based civil society organizations known as the Matabeleland Collective to address legacy issues involving the Gukurahundi massacres of the 1980s. The NPRC also cochaired the president’s Political Actors Dialogue in February, which remained active. Some NGOs questioned the commission’s independence and effectiveness.

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

Rape and Domestic Violence: While the law criminalizes sexual offenses, including rape and spousal rape, these crimes remained widespread. Almost a quarter of married women who had experienced domestic violence reported sexual violence, while approximately 8 percent reported both physical and sexual violence.

Although conviction of sexual offenses is punishable by lengthy prison sentences, women’s organizations stated that sentences were inconsistent. Rape victims were not consistently afforded protection in court.

Social stigma and societal perceptions that rape was a “fact of life” continued to inhibit reporting of rape. In the case of spousal rape, reporting was even lower due to women’s fear of losing economic support or of reprisal, lack of awareness that spousal rape is a crime, police reluctance to be involved in domestic disputes, and bureaucratic hurdles. Most rural citizens were unfamiliar with laws against domestic violence and sexual offenses. A lack of adequate and widespread services for rape victims also discouraged reporting.

According to an NGO, there were reports of rape used as a political weapon during the year. In the weeks following the January 14-16 demonstrations, 15 women living in Harare’s high-density suburbs and one woman in Hwange reported being raped by security force members or by other persons following security forces’ instructions. One woman reported being sexually assaulted by security forces who forced her to perform oral sex on an armed soldier.

Female political leaders were targeted physically or through threats and intimidation.

Children born from rape suffered stigmatization and marginalization. The mothers of children resulting from rape sometimes were reluctant to register the births, and therefore such children did not have access to social services.

The adult rape clinics in public hospitals in Harare and Mutare were run by NGOs and did not receive a significant amount of financial support from the Ministry of Health and Child Care. The clinics received referrals from police and NGOs. They administered HIV tests and provided medication for HIV and other sexually transmitted diseases. Although police referred for prosecution the majority of reported rapes of women and men who received services from the rape centers, very few individuals were prosecuted.

Despite the enactment of the Domestic Violence Act in 2006, domestic violence remained a serious problem, especially intimate partner violence perpetrated by men against women. Although conviction of domestic violence is punishable by a fine and a maximum sentence of 10 years’ imprisonment, authorities generally considered it a private matter, and prosecution was rare.

Members of the joint government-NGO Anti-Domestic Violence Council actively raised domestic violence awareness. NGOs, however, reported the council was not involved in much of their programmatic work.

The government continued a public awareness campaign against domestic violence. Several women’s rights groups worked with law enforcement agencies and provided training and literature on domestic violence as well as shelters and counseling for women. According to NGOs, most urban police stations had trained officers to deal with victims of domestic violence, but stations had a limited ability to respond on evenings and weekends. The law requires victims of any form of violence to produce a police report to receive treatment without cost at government health facilities. This requirement prevented many rape victims from receiving necessary medical treatment, including postexposure prophylaxis to prevent victims from contracting HIV.

Other Harmful Traditional Practices: Virginity testing, although reportedly decreasing, continued to occur in some regions during the year.

Sexual Harassment: No specific law criminalizes sexual harassment, but labor law prohibits the practice in the workplace. Media reported that sexual harassment was prevalent in universities, workplaces, and parliament, where legislators routinely and publicly body shamed, name called, and booed female members of parliament. The Ministry of Women Affairs, Gender, and Community Development acknowledged that lack of sexual harassment policies at higher education institutions was a major cause for concern. This acknowledgement came after a student advocacy group, the Female Students Network Trust, revealed incidents of gender-based violence and sexual harassment of students in a 2017 survey. Female college students reported they routinely encountered unwanted physical contact from male students, lecturers, and nonacademic staff, ranging from touching and inappropriate remarks to rape. Of the students interviewed, 94 percent indicated they had experienced sexual harassment in general, 74 percent indicated they had experienced sexual harassment by male university staff, and 16 percent reported they were raped by lecturers or other staff.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides for the same legal status and rights for women as for men. The constitution’s bill of rights, in the section on the rights of women, states that all “laws, customs, traditions, and practices that infringe the rights of women conferred by this constitution are void to the extent of the infringement.” There is also an institutional framework to address women’s rights and gender equality through the Ministry of Women Affairs, Gender, and Community Development and the Gender Commission, one of the independent commissions established under the constitution. Despite the appointment of commissioners in 2015, the commission received only minimal funding from the government and lacked sufficient independence from the ministry.

The commission, together with Oxfam, conducted an observation mission of the gender effects of Cyclone Idai in May. The resulting report highlighted the need for improved access to emergency shelter and separate aid distribution to ensure women receive aid in an easy and transparent manner without fear of aid distributors requiring sex in exchange for aid.

The commission conducted a gender analysis of media coverage of August 16 violence in Harare and concluded the majority of persons arrested were men, while the majority of those physically attacked by security force members were women, including one woman who required neurosurgery after the demonstration as a result of police action. The commission called on law enforcement and demonstration organizers to ensure the safety and protection of women and other vulnerable groups.

The law recognizes a woman’s right to own property, but very few women owned property due to the customary practice of patriarchal inheritance. Less than 20 percent of female farmers were official landowners or named on government lease agreements. Divorce and alimony laws were equitable, but many women lacked awareness of their rights, and in traditional practice property reverts to the man in case of divorce or to his family in case of his death. The government enacted a new marriage law on July 23 to amend and consolidate the country’s marriage laws in alignment with the constitution. The new law abolishes child marriage and affords civil partnerships or common law marriages the same remedies as legal marriages. Civil partnerships are only for heterosexual persons. The new law does not address property rights during marriage or inheritance following the death of a spouse.

Women have the right to register their children’s births, although either the father or another male relative must be present. If the father or other male relative refuses to register the child, the child may be deprived of a birth certificate, which limits the child’s ability to acquire identity documents, enroll in school, and access social services.

Women and children were adversely affected by the government’s forced evictions, demolition of homes and businesses, and takeover of commercial farms. Widows, when forced to relocate to rural areas, were sometimes “inherited” into marriages with an in-law after the deaths of their spouses.

The government gave qualified women access to training in the armed forces and national service, where they occupied primarily administrative positions. In the Zimbabwe Defense Forces, there were two female brigadier generals appointed in 2013 and 2016 respectively, and one female air commodore appointed in 2016. Minister of Defense and War Veterans Oppah Muchinguri was a woman.

Birth Registration: The 2013 constitution states citizenship is derived from birth in the country and from either parent, and all births are to be registered with the Births and Deaths Registry. The 2012 population census data show that just one in three children younger than age five possessed a birth certificate. Of urban children younger than age five, 55 percent possessed a birth certificate, compared with 25 percent of rural children. Approximately 39 percent of school age children did not have birth certificates. Lack of birth certificates impeded access to public services, such as education and health care, resulting in many children being unable to attend school and increasing their vulnerability to exploitation. For additional information, see Appendix C.

Education: Basic education is not compulsory, free, or universal. The constitution states that every citizen and permanent resident of the country has a right to a basic state-funded education but adds a caveat that when the state provides education, it “must take reasonable legislative and other measures, within the limits of the resources available to it.” According to the 2012 population census, 87 percent of all children attended primary school. School attendance was only slightly higher in urban than in rural areas, and enrollment for children older than 14 was in decline. Urban and rural equity in primary school attendance rates disappeared at the secondary school level. Rural secondary education attendance (44 percent) trailed behind urban attendance (72 percent) by a wide margin.

Although it is mandated by the constitution, there was a lack of free basic education for children, increasing the risk of children’s involvement in child labor. Children were required to attend school only up to age 12, which made children ages 12 through 15 particularly vulnerable to child labor as they were not required to attend school and not legally permitted to work. School fees were often prohibitively expensive and limited access to education, leading some to leave school and enter the workforce at a young age.

Child Abuse: Child abuse, including incest, infanticide, child abandonment, and rape, continued to be a serious problem. In 2018 the NGO Childline received more than 15,000 reports of child abuse via its national helpline and managed more than 10,000 in-person cases at its drop-in facilities across the country. Approximately 26 percent of all reported cases of abuse concerned a child who had been sexually abused; 28 percent concerned physically or emotionally abused children; 18 percent involved neglect; and 7 percent related to forced marriage. Of the 25,000 total cases, 93 percent involved girls.

On April 3, the Constitutional Court ruled against the use of corporal punishment in sentences meted out to male juveniles. This prohibition had not been confirmed through legislative reform. The constitution provides that “no person may be subjected to cruel, inhuman, or degrading treatment or punishment.” In 2017 the High Court outlawed corporal punishment for children at school and home.

Government efforts to combat child abuse continued to be inadequate. The government continued to implement a case management protocol developed in 2013 to guide the provision of child welfare services. In addition there were facilities that served underage victims of sexual assault and abuse.

Early and Forced Marriage: The constitution declares anyone younger than age 18 a child. The marriage law prohibits anyone underage from marriage or entering a civil partnership. The law also criminalizes assisting, encouraging, or permitting child marriages or civil partnerships.

Despite legal prohibitions, some rural families and religious sects continued to force girls to marry. Child welfare NGOs reported evidence of underage marriages, particularly in isolated religious communities or among AIDS orphans who had no relatives willing or able to take care of them. High rates of unemployment, the dropout of girls from school, and the inability of families to earn a stable income were major causes of child marriage.

Families gave girls or young women to other families in marriage to avenge spirits, as compensatory payment in interfamily disputes, or to provide economic protection for the family. Some families sold their daughters as brides in exchange for food, and younger daughters at times married their deceased older sister’s husband as a “replacement” bride. An NGO study published in 2014 found that because of the cultural emphasis placed on virginity, any loss of virginity, real or perceived, consensual or forced, could result in marriage, including early or forced marriage. In some instances family members forced a girl to marry a man based on the mere suspicion that the two had had sexual intercourse. This cultural practice even applied in cases of rape, and the study found numerous instances in which families concealed rape by facilitating the marriage between rapist and victim.

For additional information, see Appendix C.

Sexual Exploitation of Children: Conviction of statutory rape, legally defined as sexual intercourse with a child younger than age 12, carries a fine of 2,000 Zimbabwe dollars (RTGS) ($125), up to 10 years’ imprisonment, or both. A person in possession of child pornography may be charged with public indecency; convictions result in a 600 RTGS dollars ($40) fine, imprisonment for up to six months, or both. A conviction of procuring a child younger than age 16 for purposes of engaging in unlawful sexual conduct results in a fine up to 5,000 RTGS dollars ($300), up to 10 years’ imprisonment, or both. Persons charged with facilitating the prostitution of a child often were also charged with statutory rape. A parent or guardian convicted of allowing a child younger than age 18 to associate with or become a prostitute may face up to 10 years’ imprisonment. Girls from towns bordering South Africa, Zambia, and Mozambique were subjected to prostitution in brothels that catered to long-distance truck drivers. Increasing economic hardships contributed to more girls engaging in prostitution.

Displaced Children: Approximately 10,000 children were displaced from the Tokwe-Mukosi dam area in Masvingo Province (see section 2.d.). The disruption of their parents’ livelihoods negatively affected the children’s access to health care and schooling.

A 2016 UNICEF report estimated 18 percent of children had lost one or both parents to AIDS and other causes. The proportion of orphans in the country remained very high. Many orphans were cared for by their extended family or lived in households headed by children.

Orphaned children were more likely to be abused, not enrolled in school, suffer discrimination and social stigma, and be vulnerable to food insecurity, malnutrition, and HIV/AIDS. Some children turned to prostitution for income. Orphaned children often were unable to obtain birth certificates because they could not provide enough information regarding their parents or afford to travel to offices that issued birth certificates. Orphans were often homeless.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered approximately 150 persons. There were no reports of anti-Semitic acts.

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

The constitution and law prohibit discrimination against persons with disabilities in employment, access to public places, and the provision of services, including education and health care. The constitution and law do not specifically address air travel or other transportation. They do not specify physical, sensory, mental, or intellectual disabilities. NGOs continued to lobby to broaden the legal definition of “disabled” to include persons with albinism, epilepsy, and other conditions. NGOs also petitioned the government to align the Disabled Persons Act with the constitution. Government institutions often were uninformed and did not implement the law. The law stipulates that government buildings be accessible to persons with disabilities, but its implementation was slow.

NASCOH reported access to justice in courts was difficult for persons with hearing disabilities due to a lack of sign language interpreters. Persons with disabilities living in rural settings faced even greater challenges.

Although two senators were elected to represent persons with disabilities, parliament rarely addressed problems especially affecting such persons. Parliament does not provide specific line items for persons with disabilities in the various social service ministry budgets.

Most persons holding traditional beliefs viewed persons with disabilities as bewitched, and in extreme cases families hid children with disabilities from visitors. According to NASCOH, the public considered persons with disabilities to be objects of pity rather than persons with rights. NASCOH reported that 75 percent of children with disabilities had no access to education.

There were very few government-sponsored education facilities dedicated to persons with disabilities. Educational institutions discriminated against children with disabilities. Essential services, including sign language interpreters, Braille materials, and ramps, were not available and prevented children with disabilities from attending school. Many schools refused to accept children with certain disabilities. Schools that accepted students with disabilities offered very little in the way of nonacademic facilities for those accepted as compared with their counterparts without disabilities. Many urban children with disabilities obtained informal education through private institutions, but these options were generally unavailable for persons with disabilities in rural areas. Government programs, such as the basic education assistance module intended to benefit children with disabilities, failed to address adequately the root causes of their systematic exclusion.

Women with disabilities faced compounded discrimination, resulting in limited access to services, reduced opportunities for civic and economic participation, and increased vulnerability to violence.

Persons with mental disabilities also experienced inadequate medical care and a lack of health services. There were 20 mental health institutions, including four hospitals, three day treatment facilities, three outpatient facilities, and 10 community residential facilities in the country with a total capacity of more than 1,500 residents, in addition to the three special institutions run by the ZPCS for long-term residents and those considered dangerous to society. Residents in these government-run institutions received cursory screening, and most waited for at least one year for a full medical review.

A shortage of drugs and adequately trained mental health professionals resulted in persons with mental disabilities not being properly diagnosed and not receiving adequate therapy. There were few certified psychiatrists working in public and private clinics and teaching in the country. NGOs reported that getting access to mental health services was slow and frustrating. They reported persons with mental disabilities suffered from extremely poor living conditions, due in part to shortages of food, water, clothing, and sanitation.

Prison inmates in facilities run by the ZPCS were not necessarily convicted prisoners. Two doctors examined inmates with psychiatric conditions. The doctors were required to confirm a mental disability and recommend an individual for release or return to a mental institution. Inmates with mental disabilities routinely waited as long as three years for evaluation. In June the World Health Organization provided psychiatric nursing training to 100 nurses from mental health institutions and the ZPCS to assist with personnel shortages.

There were minimal legal or administrative safeguards to allow participation in the electoral processes by persons with disabilities. Administrative arrangements for voter registration at relevant government offices were burdensome, involving long queues, several hours or days of waiting, and necessary return visits that effectively served to disenfranchise some persons with disabilities (see section 3 for voter assistance).

According to government statistics, the Shona ethnic group made up 82 percent of the population, Ndebele 14 percent, whites and Asians less than 1 percent, and other ethnic and racial groups 3 percent. In a shift from past speeches and broadcasts, government leaders discouraged hatred of whites, proclaimed an end to former president Mugabe’s “era of land seizures,” and vowed to compensate white farmers who lost land under the program.

Historical tension between the Shona majority and the Ndebele minority resulted in marginalization of the Ndebele by the Shona-dominated government. During the year senior political leaders refrained from attacking each other along ethnic lines to consolidate support ahead of the by-elections. Within the Shona majority, the Zezuru subgroup, who dominated the government under Mugabe, reportedly harbored resentment toward the Karanga subgroup after Mnangagwa, an ethnic Karanga, became president.

Some government officials continued to blame the country’s economic and political problems on the white minority and western countries. Police seldom arrested government officials or charged them with infringing upon minority rights, particularly the property rights of the minority white commercial farmers or wildlife conservancy owners, who continued to be targeted inland redistribution programs.

According to the criminal code, “any act involving physical contact between men that would be regarded by a reasonable person to be an indecent act” carries a penalty if convicted of up to one year in prison or a fine up to $5,000. Despite that, there were no known cases of prosecutions of consensual same-sex sexual activity. Members of Gays and Lesbians of Zimbabwe (GALZ), the primary organization dedicated to advancing the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, experienced harassment and discrimination against members seeking employment and health services. Transsmart, another active LGBTI group, reported their members believed they were unsafe and unwelcome in churches due to deeply held religious and social stigmas in society. There is no legal option to change gender pronouns on state identity cards, creating identification and travel difficulties. The mismatch between gender presentation and identification pronouns can lead state officials, police, and potential employers to believe the individual is committing identity theft, sometimes leading to criminal arrest.

LGBTI persons were vulnerable to blackmail because of the criminality and stigma of same-sex activity. LGBTI advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTI persons. It was common for blackmailers to threaten to reveal one’s sexual identity to police, the church, employers, or family if the victim refused to render payment.

According to GALZ, LGBTI persons often left school at an early age due to discrimination. Higher education institutions reportedly threatened to expel students based on their sexual orientation. Members of the LGBTI community also had higher rates of unemployment and homelessness.

GALZ reported that many persons who identified themselves as LGBTI did not seek medical care for sexually transmitted diseases or other health problems due to fear that health-care providers would shun them or report them to authorities. Public medical services did not offer hormones or gender-confirmation surgeries to the transgender and intersex community. A small number of private clinics provided testosterone therapy, but estrogen therapy required patients to purchase privately and self-administer the drugs or travel to neighboring countries where treatment was available. Some parents treated their children’s identity as an intellectual disability and forced transgender youth into mental health institutions.

The government has a national HIV/AIDS policy that prohibits discrimination against persons with HIV/AIDS, and the law prohibits discrimination against workers with HIV/AIDS in the private sector and parastatals. Despite these provisions, societal discrimination against persons living with HIV/AIDS remained a problem. Local NGOs reported persons affected by HIV/AIDS faced discrimination in health services, education, and employment. Although there was an active information campaign to destigmatize HIV/AIDS by international and local NGOs, the Ministry of Health and Child Welfare, and the National AIDS Council, such ostracism and criticism continued.

In the 2015 Demographic Health Survey, 22 percent of women and 20 percent of men reported they held discriminatory attitudes towards those living with HIV/AIDS.

Inexplicable disappearances and killings, sometimes involving mutilation of the victim, often were attributed to customary or traditional rituals, in some cases involving a healer who requested a human body part to complete a rite. Police generally rejected the “ritual killing” explanation, despite its being commonly used in society and the press.

Throughout the year government-controlled media did not vilify white citizens or blame them for the country’s problems, as was common practice under former president Mugabe.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join unions, conduct legal strikes, and bargain collectively. Other provisions of law, as well as the government’s application of the law, abrogated these rights. Public-sector workers may not form or join trade unions but may form associations that bargain collectively and strike. The law prohibits antiunion discrimination, provides that the labor court handle complaints of such discrimination, and may direct reinstatement of workers fired due to such discrimination.

The law provides for the registrar of the Ministry of Public Service, Labor, and Social Welfare to supervise the election of officers of workers’ and employers’ organizations, to cancel or postpone elections, and to change the venue of an election. The law also grants the minister extensive powers to regulate union activities such as collecting dues and paying staff salaries, and making decisions concerning the equipment and property that may be purchased by trade unions. The minister has the authority to veto collective bargaining agreements perceived to be harmful to the economy as well as to appoint an investigator who may, without prior notice, enter trade union premises, question any employee, and inspect and copy any books, records, or other documents. The law empowers the minister to order an investigation of a trade union or employers’ organization and to appoint an administrator to run its affairs.

The law significantly limits the right to strike. Strikes are limited to disputes regarding work issues. The law provides that a majority of the employees must agree to strike by voting in a secret ballot. Strike procedure requirements include a mandatory 30-day reconciliation period and referral to binding arbitration (in essential services and in nonessential services where the parties agree or where the dispute involves rights). Following an attempt to resolve a dispute of interest and a labor officer’s issuance of a certificate of no settlement, the party proposing a collective job action must provide 14 days’ written notice of intent to resort to such action, including specifying the grounds for the intended action, in order to call a strike legally. No provisions prohibit employers from hiring replacement workers in the event of a strike.

Police and army members are the only legally recognized essential services employees and may not strike, but the law allows the Ministry of Public Service, Labor, and Social Welfare to declare any nonessential service an essential service if a strike is deemed a danger to the population. The law also allows employers to sue workers for liability during unlawful strikes, with penalties for conviction that include fines, up to five years’ imprisonment, or both.

Collective bargaining agreements applied to all workers in an industry, not just union members. Collective bargaining takes place at the enterprise and industry levels. At the enterprise level, work councils negotiate collective agreements, which become binding if approved by 50 percent of the workers in the bargaining unit. Industry-level bargaining takes place within the framework of the National Employment Councils (NECs). Unions representing at least 50 percent of the workers may bargain with the authorization of the minister of public service, labor, and social welfare. The law encourages the creation of employee-controlled workers’ committees in enterprises where less than 50 percent of workers are unionized. Workers’ committees existed in parallel with trade unions. Their role is to negotiate shop floor grievances, while that of the trade unions is to negotiate industry-level problems, notably wages. Trade unions regarded the existence of such a parallel body as an arrangement that allows employers to undermine the role of unions.

For a collective bargaining agreement to go into effect, the ministry must announce it, thus giving the minister the power to veto the agreement. The Labor Amendment Act expands the minister’s power to veto a collective bargaining agreement if the minister deems it to be “contrary to public interest.” Workers and employers at the enterprise level also may come to a binding agreement outside of the official framework. Despite this provision, the ministry could block indefinitely any collective bargaining agreement that was not announced officially.

There were reports some affiliates of the Zimbabwe Congress of Trade Unions (ZCTU), an umbrella group of trade unions, engaged in collective bargaining with employers without interference from the government. Nevertheless, members of the ZCTU stated employers did not recognize their affiliates within the NECs. The constitution does not extend the right of collective bargaining to security forces.

Although the law does not permit national civil servants to collectively bargain, the Apex Council, a group of public service associations, represented civil servants in job-related negotiations with the Public Service Commission. Public-sector workers threatened a stay away in July unless they received a wage increase. Negotiations with the Apex Council resulted in a one-time payment in July to stave off the strike, and negotiations continued to come to terms on a permanent wage increase. On August 24, however, the Apex Council rejected the government’s offer to increase civil servant salaries as the offer fell far below their demands, leading to continued stay away threats.

The Ministry of Public Service, Labor, and Social Welfare did not effectively enforce the laws. Penalties for conviction of violations of freedom of association or collective bargaining laws were not sufficient to deter violations. Those charged with violating the law were subject to lengthy delays and appeals.

The government did not always respect workers’ right to form or join unions, strike, and bargain collectively. Parliament enacted a bill establishing the Tripartite Negotiating Forum (TNF) in June to formalize dialogue efforts among government, labor leaders, and employers to discuss social and economic policy and address demands. The forum met only once during the year. The ZCTU stated the TNF did little to address its demands for wage increases and labor law reform, and the government showed little progress in supporting workers’ protections, fairness, and peaceful resolution of labor disputes.

Government interference with trade union activity was common. Police and state intelligence services regularly attended and monitored trade union activities such as meetings. Police or ZANU-PF supporters sometimes prevented unions from holding meetings with their members and carrying out organizational activities. Two ZCTU leaders were arrested and charged with subversion for their roles in promoting participation in January’s demonstrations. After 10 months of court appearances and strict bail conditions, to include surrendering their passports and reporting to police stations on a regular basis, the court dismissed the charges in November.

Although the law does not require unions to notify police of public gatherings, police demanded such notification. When unions attempted to hold an event not authorized by police, the ZRP attended and dispersed participants forcefully. Police in Harare forcibly ended an ARTUZ protest on August 23, arresting the ARTUZ president, seven other members, and their attorney (see section 2.b., Freedom of Assembly).

Under POSA and its replacement, MOPA, the government could fine and imprison union members for organizing an illegal strike.

When unions exercised their right to strike, the government met their efforts with violence and excessive force. For example, the ZCTU called for a three-day work shutdown beginning on January 14 in response to President Mnangagwa’s January 12 announcement of a 150 percent fuel price hike. Between January 14 and January 16, security forces reportedly shot and killed 17 demonstrators and injured hundreds of other protesters. In the following weeks, security forces conducted raids and beatings, and arbitrarily arrested more than 800 persons.

On September 3, the ZHDA went on strike after failing to reach an agreement on a salary increase with the government. The government responded to the action with a proposed bill to designate medical providers as essential and prohibit them from striking. The union’s leader, Peter Magombeyi, was abducted and tortured before being released amid public outcry. In October the Labor Court ordered doctors to return to work–a court order that doctors ignored–and referred the labor dispute to arbitration. In November the Ministry of Health announced the termination of 486 doctors involved in the strike.

At the 108th session of the International Labor Organization’s (ILO) International Labor Conference in June, the Committee on the Application of Standards noted concern regarding the government’s failure to implement specific recommendations of the 2010 Commission of Inquiry. The commission found the government responsible for serious violations of fundamental rights by its security forces, including a clear pattern of intimidation, arrests, detentions, violence, and torture of union and opposition members. The committee also noted persistent allegations of violations of the rights of freedom of assembly of workers’ organizations. The committee urged the government to accept an ILO contacts mission to assess progress before the next conference. The government, however, did not accept the direct contacts mission.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children, with exceptions for work for the national youth service and forced prison labor. Penalties were insufficient to deter violations. The laws against forced labor were not effectively or sufficiently enforced. The law does not clearly define human trafficking crimes and requires proof that traffickers transported victims, further limiting the number of crimes classified as human trafficking.

Forced labor occurred in agriculture, mining, and domestic servitude. The full extent of the problem was unknown. Forced labor was reported at Marange Diamond Fields.

The government made moderate advancements in efforts to combat human trafficking. The government continued to implement the Trafficking in Persons Action Plan, developed a national referral mechanism to assist victims of human trafficking, and established guidelines to improve coordination of antitrafficking efforts.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law fully prohibits the worst forms of child labor. The law sets the minimum age for light work at age 12 and for apprenticeship at 16. The law declares void and unenforceable formal apprenticeship contracts entered into by children younger than age 18 without the assistance of a guardian. The law further states that no person younger than age 18 shall perform any work likely to jeopardize that person’s health, safety, or morals.

The Department of Social Welfare in the Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing child labor laws, but the department did not effectively enforce these laws. Penalties were not sufficient to deter violations. The government took limited steps to combat child labor during the year, mostly involving encouragement and monitoring of children’s school attendance.

Child labor occurred in the agricultural, mining, and tobacco production sectors, as well as in commercial sexual exploitation. Some children worked on their family farms, while others worked elsewhere as paid agricultural laborers. In gold mining areas, children carried ore and panned for gold. “Street children,” meaning children who live or work on the streets, often worked as beggars in urban areas. Many had parents who used the children to generate additional income.

“Street children,” meaning children who live or work on the streets, often worked as beggars in urban areas. Many had parents who used the children to generate additional income.

Working children often faced hazards to their health and safety and lacked necessary equipment and training. Working on farms exposed children to bad weather, dangerous chemicals, and the use of heavy machinery. Most children involved in mining worked for themselves, a family member, or someone in the community. Exposure to hazardous materials, particularly mercury, was on the rise in the informal mining sector.

Some employers did not pay wages to child domestic workers, claiming they were assisting a child from a rural home by providing room and board. Some employers paid with goods instead of cash while others paid the parents for a child’s work.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment or occupational discrimination based on race, color, gender, tribe, political opinion, creed, place of origin, disability, HIV status, and pregnancy. The law does not expressly prohibit employment discrimination based on age, language, citizenship, social origin, sexual orientation, gender identity, or non-HIV-related communicable diseases. The government did not effectively enforce the law. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation (see section 6), and political affiliation for civil servants.

The constitution provides for the same legal status and rights for women as for men. Labor legislation prohibits sexual harassment in the workplace, and an employer may be held liable for civil remedies if found to be in violation of provisions against “unfair labor practices,” including sexual harassment. The law does not specify penalties for conviction of such violations. Women commonly faced sexual harassment in the workplace (see section 6).

There were no formal complaints of wage discrimination filed with the Ministry of Public Service, Labor, and Social Welfare; however, women’s salaries lagged behind those of men in most sectors, and women faced discrimination on the basis of gender, when seeking maternity leave provided for by law, and other gender-based benefits. International organizations requested the government provide information on any job evaluation exercise undertaken in the public sector indicating the criteria used and the measures taken to ensure men and women receive equal remuneration for equal work and to monitor other gender disparities. Unions expressed their concern regarding wage disparity between management and employees.

There was a relative lack of women in decision-making positions, despite a constitutional requirement for equal representation of both genders in all institutions and agencies of government at every level.

Employment discrimination against migrant workers occurred, especially those employed in the informal sector.

Persons with HIV/AIDS and albinism faced discrimination in employment. Employers discriminated against members of minority ethnic groups whom they often perceived as opposition supporters. Persons with disabilities faced social and employment discrimination and lack of access to many workplaces. Members of trade unions and workers committees often perceived that adverse employment action targeted them and that workers feared the consequences of participating in trade unions or workers committees. LGBTI persons faced discrimination in employment.

e. Acceptable Conditions of Work

The NECs set the minimum wage for all industrial sectors through a bipartite agreement between employers and labor unions. The minimum wage, when paid, seldom exceeded the poverty line due to the speed of inflation.

The law does not provide for a standard workweek, but it prescribes a minimum of one 24-hour continuous rest period per week. Unions and employers in each sector negotiate the maximum legal workweek. No worker may work more than 12 continuous hours. The law prescribes that workers receive not less than twice their standard remuneration for working on a public holiday or on their rest day. The law provides workers paid public holidays and annual leave upon one year of service with an employer. The government sets safety and health standards on an industry-specific basis. The public service commission sets conditions of employment in the public sector.

Labor law does not differentiate among workers based on sector or industry. The labor law does not apply to the informal sector, which included more than 90 percent of the labor force. The law applies to migrant laborers if they are in the formal sector. There were no reports of discrimination against migrant laborers in the formal sector.

Occupational safety and health standards were up-to-date and appropriate for the main industries in the country. The law provides for workers to remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing the minimum wage and work hours laws for each sector. The government did not effectively enforce these laws. The number of labor inspectors was insufficient to enforce labor laws, including those covering children. The Zimbabwe Occupational Safety Council, a quasi-governmental advisory body to the National Social Security Authority (NSSA), regulated working conditions. Staffing shortages, as well as its status as an advisory council, made it largely ineffective. Penalties for violations of wage or hours-of-work restrictions were insufficient to deter violations. Penalties for occupational safety and health violations were inconsistent and fall within the jurisdiction of numerous ministries.

Most work-related injuries and deaths occurred in the mining sector. The NSSA attributed the high injury and fatality rates to low investment in occupational safety and health, noncompliance with rules and regulations, and low levels of awareness of occupational safety and health matters.

Employers paid many agricultural and domestic workers below the minimum wage. Many public servants also earned salaries that put them below the poverty line, and the ZCTU stated worker salaries lost 90 percent of their real value due to rampant inflation and currency changes.

There was little or no enforcement of the work hours law, particularly for agricultural and domestic workers. Although workers were generally unlikely to complain to authorities of violations due to fear of losing their jobs, some exceptions occurred.

Poor health and safety standards in the workplace were common in both the formal and informal sectors due to lack of enforcement. Abuses by the management at certain foreign-owned enterprises and companies owned by well connected politicians were common, including physical, sexual, and emotional abuse of workers; poor working conditions; underpayment or nonpayment of wages; unfair dismissal; and firing without notice. Workers’ committee members of a foreign-owned mining company reported fear and serious victimization, including arbitrary nonrenewal of contracts, dismissals without charges, late payment of salaries, and insufficient provision of protective clothing. The ZCTU’s Health and Social Welfare Department engaged employers on occupational health and safety-related workplace needs. No information was available on the treatment of foreign and migrant workers. The government considered many commercial farm workers to be foreigners because one or both parents were born in another country.

Due to the growth of the informal mining sector, artisanal miners, including children, had increased exposure to chemicals and environmental waste. An estimated 1.5 million persons worked in or depended on artisanal mining, defined as mining activities carried out using low technology or with minimal machinery, according to the Zimbabwe Coalition on Debt and Development.