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2016 Country Reports on Human Rights Practices

The annual Country Reports on Human Rights Practices – the Human Rights Reports – cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The U.S. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974.

Translations

Preface

Promoting human rights and democratic governance is a core element of U.S. foreign policy. These values form an essential foundation of stable, secure, and functioning societies. Standing up for human rights and democracy is not just a moral imperative but is in the best interests of the United States in making the world more stable and secure. The 2016 Country Reports on Human Rights Practices (The Human Rights Reports) demonstrate the United States’ unwavering commitment to advancing liberty, human dignity, and global prosperity.

This year marks the 41st year the Department of State has produced annual Human Rights Reports. The United States Congress mandated these reports to provide policymakers with a holistic and accurate accounting of human rights conditions in nearly 200 countries and territories worldwide, including all member states of the United Nations and any country receiving U.S. foreign assistance. The reports cover internationally recognized individual civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international instruments.

The Human Rights Reports reflect the concerted efforts of our embassies and consulates to gather the most accurate information possible. They are prepared by human rights officers at U.S. missions around the world who review information available from a wide variety of civil society, government, and other sources. These reports represent thousands of work-hours as each country team collects and analyzes information. The Department of State strives to make the reports objective and uniform in scope and quality.

The Human Rights Reports are used by the U.S. Legislative, Executive, and Judicial Branches as a resource for shaping policy and guiding decisions, informing diplomatic engagements, and determining the allocation of foreign aid and security sector assistance. The Human Rights Reports are also used throughout the world to inform the work of human rights advocates, lawmakers, academics, businesses, multilateral institutions, and NGOs.

The Department of State hopes these reports will help other governments, civil society leaders, activists, and individuals reflect on the situation of human rights in their respective countries and work to promote accountability for violations and abuses.

Our values are our interests when it comes to human rights. The production of these reports underscores our commitment to freedom, democracy, and the human rights guaranteed to all individuals around the world.

I hereby transmit the Department of State’s Country Reports on Human Rights Practices for 2016 to the United States Congress.

Rex W. Tillerson
Secretary of State

Overview and Acknowledgements

WHY THE REPORTS ARE PREPARED

This report is submitted to the Congress by the Department of State pursuant to Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (FAA). 19 U.S.C. § 2464, 2467 also requires that U.S. foreign and trade policy take into account countries’ human rights and worker rights performance and that country reports be submitted to the Congress on an annual basis.

This report includes reports on several countries that do not fall into the categories established by these statutes and thus are not covered by the congressional requirement.

The report represents events for the calendar year 2016 only.

HOW THE REPORTS ARE PREPARED

The Department of State prepared this report using information from U.S. embassies and consulates abroad, foreign government officials, nongovernmental and international organizations, jurists and legal experts, journalists, academics, labor activists, and published reports. U.S. diplomatic missions abroad prepared the initial drafts of the individual country reports.

Once the initial drafts of the individual country reports were completed, the Bureau of Democracy, Human Rights, and Labor (DRL), in cooperation with other Department of State offices, reviewed and edited the reports, drawing on its own sources of information. Bureau officers also consulted experts on worker rights, refugee issues, military and police topics, women’s issues, and legal matters, among many others. The guiding principle was that all information be reported objectively, thoroughly, and fairly. DRL also ensured that all reports followed the same methodology and conformed to standard format and structure.

DRL uses hyperlinks to other key human rights documents produced by the Department of State. Specifically, readers are asked to follow hyperlinks for complete information on religious freedom issues by consulting the International Religious Freedom Report, on trafficking by consulting the Trafficking in Persons Report, and on child abductions by consulting the Annual Report on International Parental Child Abduction. Additionally linked are the Department of Labor’s Findings on the Worst Forms of Child Labor.

The DRL Editorial Team

Senior Advisor: Marc Susser

Coordinator of Human Rights Reports: Stephen Eisenbraun

Office Directors and Deputy Directors:

Directors: Carmela Conroy, Christine Lawson, Steve Moody, Jon Piechowski, J. Andrew Plowman, Susan O’Sullivan, Rolf Olson

Deputies: Jaroslaw Z. Anders, Mary Angelini, Matthew Hickey, Peter Higgins, Yelda Kazimi, Catherine Newling, Jennifer Neidhart de Ortiz

Senior Editors: Jonathan Bemis, Jillian Burns, Douglas Dearborn, Daniel Dolan, Stephen Eisenbraun, Jerome L. Hoganson, Victor J. Huser, David T. Jones, Lawrence Lesser, Sandra Murphy, Gary Price, Julie Turner

Editors: Muzna Abbas, Naim Ahmed, Paula Albertson, Asim Ali, Jaroslaw Z. Anders, Cory Andrews, Mary Angelini, Nasreen Badat, Danielle Bayar, Ian Brown, Michael Cocciolone, Christy Doherty, Kevin Dolliver, Christina Droggitis, Mort Dworken, Niloofar Farrokhpay, Joshua Fellman, Alix Fraser, Matt Gang, Reva Gupta, David Guinn, Charles Gurney, Patrick Hamilton, Janice Hartleroad, Patrick Harvey, Sydney Helton, Peter Higgins, Kegan Johnson, Joseph Katz, Orly Keiner, Justine Kimmons-Gilbert, Amy McGann, Kerry McIntosh, Andrew Masloski, Hannah Meropol, David K. Meyer, Sarah Morgan, Bintou Njie, Stephanie Orgorzalek, Molly O’Neal, Thomas Opstal, Susan Notar, Toy Reid, Jess Rodgers, Ereni Roess, Christopher Russell, Daniel Schneider, Corena Sharp, Lisa Sherman, Wendy Silverman, Rachel Simon, Rachel Spring, Anne Stotler, Dennis Dean Tidwell, Nadia Tongour, Dan Vernon, Pilar Velasquez, David G. Wagner, Rachel Waldstein, Natasha Wheatley, Megan Wong, Joseph Dean Yap, Jeff Zavadil

Contributing Editors: Robert P. Sanders, Kerri Spindler-Ranta, Jonathan Collett

Technical Editor: Janine Czarnecki

Country Reports

Africa (Sub-Saharan)

Angola	Cote d’Ivoire	Kenya	Niger	South Sudan
Benin	Democratic Republic of the Congo	Lesotho	Nigeria	Sudan
Botswana	Djibouti	Liberia	Republic of the Congo	Swaziland
Burkina Faso	Equatorial Guinea	Madagascar	Rwanda	Tanzania
Burundi	Eritrea	Malawi	Sao Tome and Principe	The Gambia
Cabo Verde	Ethiopia	Mali	Senegal	Togo
Cameroon	Gabon	Mauritania	Seychelles	Uganda
Central African Republic	Ghana	Mauritius	Sierra Leone	Zambia
Chad	Guinea	Mozambique	Somalia	Zimbabwe
Comoros	Guinea-Bissau	Namibia	South Africa

East Asia and Pacific

Australia	Fiji	Mongolia	Samoa	Tuvalu
Brunei	Indonesia	Nauru	Singapore	Vanuatu
Burma	Japan	New Zealand	Solomon Islands	Vietnam
Cambodia	Kiribati	Palau	Taiwan
China (includes Tibet, Hong Kong, and Macau)	Laos	Papua New Guinea	Thailand
Democratic People’s Republic of Korea	Malaysia	Philippines	Timor-Leste
Federated States of Micronesia	Marshall Islands	Republic of Korea	Tonga

Europe and Eurasia

Albania	Cyprus	Iceland	Moldova	Serbia
Andorra	Czech Republic	Ireland	Monaco	Slovakia
Armenia	Denmark	Italy	Montenegro	Slovenia
Austria	Estonia	Kosovo	Netherlands	Spain
Azerbaijan	Finland	Latvia	Norway	Sweden
Belarus	France	Liechtenstein	Poland	Switzerland
Belgium	Georgia	Lithuania	Portugal	Turkey
Bosnia and Herzegovina	Germany	Luxembourg	Romania	Ukraine
Bulgaria	Greece	Macedonia	Russia	United Kingdom
Croatia	Hungary	Malta	San Marino

Near East (Middle East and North Africa)

Algeria	Iraq	Lebanon	Qatar	United Arab Emirates
Bahrain	Israel and The Occupied Territories	Libya	Saudi Arabia	Western Sahara
Egypt	Jordan	Morocco	Syria	Yemen
Iran	Kuwait	Oman	Tunisia

South and Central Asia

Afghanistan	India	Maldives	Sri Lanka	Uzbekistan
Bangladesh	Kazakhstan	Nepal	Tajikistan
Bhutan	Kyrgyz Republic	Pakistan	Turkmenistan

Western Hemisphere

Antigua and Barbuda	Chile	El Salvador	Mexico	Saint Vincent and the Grenadines
Argentina	Colombia	Grenada	Nicaragua	Suriname
Barbados	Costa Rica	Guatemala	Panama	The Bahamas
Belize	Cuba	Guyana	Paraguay	Trinidad and Tobago
Bolivia	Dominica	Haiti	Peru	Uruguay
Brazil	Dominican Republic	Honduras	Saint Kitts and Nevis	Venezuela
Canada	Ecuador	Jamaica	Saint Lucia

Appendix A

Appendices

The report entitled “Country Reports on Human Rights Practices” is submitted to the Congress by the Department of State in compliance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (FAA), as amended, and section 504 of the Trade Act of 1974, as amended. The law provides that the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, “a full and complete report regarding the status of internationally recognized human rights, within the meaning of subsection (A) in countries that receive assistance under this part, and (B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act.” We have also included reports on several countries that do not fall into the categories established by these statutes and that thus are not covered by the congressional requirement.
Appendix B

Appendix A: Notes on Preparation of the Country Reports and Explanatory Material

The Country Reports on Human Rights Practices cover internationally recognized civil and political rights, including those set forth in the Universal Declaration of Human Rights, as well as worker rights. As a whole, these include the rights not to be subjected to torture or other cruel, inhuman, or degrading treatment or punishment; to prolonged detention without charges; to disappearance or clandestine detention; and to other violations of the right to life, liberty, and the security of the person.

Universal human rights seek to incorporate respect for human dignity into the processes of government and law. All individuals have the right to a nationality and the right to certain freedoms, such as freedoms of expression, association, peaceful assembly, and religion or belief, without discrimination of any kind. The right to join a free trade union is a necessary condition of a free society and economy. Thus the reports assess key internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, the prohibition of forced or compulsory labor, the status of child labor practices, the minimum age for employment of children, discrimination with respect to employment, and acceptable work conditions.

The annual Country Reports on Human Rights Practices are prepared by reviewing information available from a wide variety of sources, including U.S. and foreign government officials; victims of alleged human rights violations and abuses; academic and congressional studies; and reports from the press, international organizations, and nongovernmental organizations (NGOs) concerned with human rights. Particularly helpful are NGOs, whether within a single country or those that have an international perspective. We cite NGO findings frequently within the Country Reports, using those sources or information considered credible.

The Country Reports cover respect for human rights in foreign countries and territories worldwide. They do not purport to assess human rights implications of actions taken by the U.S. Government or its representatives.

To comply with the congressional requirement for reporting on human rights practices, the Department provides guidance to U.S. diplomatic missions annually in August for submission in September and October of draft reports, which the Department updates to the extent possible by year’s end. A wide spectrum of concerned offices in the Department of State provides contributions, and the Bureau of Democracy, Human Rights, and Labor prepares a final draft of each Country Report. The U. S. Department of Labor contributes to material in Section 7 on worker rights. (see Appendix B for more detail.)

The Department strives to make the reports comprehensive, objective, and uniform in scope. We seek a high standard of consistency in the reports despite the multiplicity of sources and the diversity of countries. For purposes of focus and streamlining, the reports select a few illustrative examples of abuse and adopt follow-up in most instances only on the previous year’s high-profile unresolved abuse cases. Starting in the 2015 reports and continuing into the 2016 ones, the Department’s annual instructions changed many reporting requirements to remove reporting if no abuses were involved. An example is a reduction in information on prison conditions that are adequate, allowing the reports to focus more on abuses while cutting routine descriptive detail.

Evaluating the credibility of reports of human rights violations and abuses remains difficult. Most governments and opposition groups deny they commit human rights violations or abuses and occasionally go to great lengths to conceal any wrongdoing. There may be few eyewitnesses to specific violations or abuses. Frequently, eyewitnesses are intimidated or prevented from reporting what they know. On the other hand, individuals and groups opposed to a government may have incentive to exaggerate or fabricate abuses. In similar fashion, some governments may distort or exaggerate abuses attributed to opposition groups. The Department seeks to identify those groups (for example, government forces) or individuals for whom available evidence indicates involvement in human rights violations or abuses or other problematic conduct.

Many governments that profess to ensure respect for human rights in principle may in fact secretly order or tacitly condone violations. Consequently, the reports look beyond statements of policy or intent to examine what a government actually did to protect human rights and promote accountability, including the extent to which it investigates, brings to trial, and punishes those responsible for any violations or abuses.

The following notes on specific sections in each country report provide an overview of the key problems covered, but they are not intended to be comprehensive descriptions:

Arbitrary and Other Unlawful or Politically Motivated Deprivation of Life: Includes killings ordered by governments or committed by governments without fair trial and final appeal guarantees, including when there is evidence of a political motivation. This section also includes illustrative killings by police or security forces and actions that resulted in the intended or unintended death of persons contrary to human rights obligations and safeguards, including equal protection of law.

The section generally excludes combat deaths and criminal killings. The reports cover deaths in detention due to adverse conditions in subsection 1.c., under Prison and Detention Center Conditions. In optional subsection 1.g., used for countries where there was significant internal conflict, the reports cover deliberate killings and deaths resulting from indiscriminate use of force by government forces or those acting on the government’s behalf.

Disappearance: Covers cases in which the government may be involved in the abduction, disappearance, and refusal to account for the fate of the victims, including cases in which the victims have not been found. Cases eventually classified as political killings after the bodies of missing persons are discovered would be covered in the previous section, while those eventually identified as having been arrested or held in detention may be covered in subsection 1.d., under Arbitrary Arrest or Detention.

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment: Covers torture, defined in the Convention Against Torture, Article 1, as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind,” and cruel, inhuman, or degrading treatment or punishment, committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The subsection discusses reported occurrences without analysis of whether they fit any precise definition, and includes reported uses of physical and other force that may fall short of torture but which may be cruel, inhuman, or degrading. This section also may include reports of ill treatment that may not constitute torture or cruel, inhuman, or degrading treatment or punishment. Furthermore, the section covers prison conditions and deaths in prison due to poor conditions.

Arbitrary Arrest or Detention: Includes cases in which criminal detainees are held arbitrarily in official custody without being charged or, if charged, without being brought promptly before a judicial authority with power to detain or without trial. The section also includes subsections on the role of the police and security apparatus, arrest and detention practices, and any amnesties that may have occurred during the year.

Denial of Fair Public Trial: Notes whether there is an independent and impartial judiciary free of corruption or political influence and whether trials are fair and public and affords the minimum guarantees recognized internationally as necessary for a criminal defense (failure to hold any trial is noted in the section above). The subsection Political Prisoners and Detainees covers persons convicted, imprisoned, or detained essentially for political beliefs or nonviolent acts of dissent or expression, regardless of the actual legal charge. The subsection Civil Procedures and Remedies notes whether there is access to an independent and impartial court or other competent authority to seek damages for or cessation of an alleged human rights violation. The optional subsection Property Restitution is included if there is a systemic failure of a government to enforce court orders with respect to restitution or compensation for the taking of private property under domestic law. This subsection is not intended to discuss or evaluate individual claims.

Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence: Includes government punishment of family members for alleged offenses committed by other individuals and efforts to coerce or forbid membership in a political organization. It includes coercive population control measures, including coerced abortion and involuntary sterilization, but it does not cover certain practices, such as female genital mutilation, which are addressed in section 6 under women’s and children’s issues.

Use of Excessive Force and Other Abuses in Internal Conflicts: This subsection applies only to countries experiencing significant internal conflict and describes reported abuses in such situations. It includes reports of unlawful killings in situations of significant internal conflict. This subsection also includes reports of abuses against civilians by members of the armed forces. Any reports of the unlawful use of child soldiers by either government forces or by other organized armed groups are discussed in this subsection. Also covered are reports of attacks on health-care facilities, workers, ambulances, or patients. This subsection also includes reports concerning any restriction on medical facilities or services in a situation of significant internal conflict.

Freedom of Speech and Press: Evaluates whether the freedom of expression, including of the media, exist and describe any direct or indirect undue restrictions, including intimidation and censorship. A subsection on internet freedom includes discussion of monitoring or restrictions on the freedom of expression, the freedom to seek, receive, or impart information, ideas, and opinions via the internet. Another subsection, entitled Academic Freedom and Cultural Events, includes information on restrictions, intimidation, and censorship in these fields.

Freedom of Peaceful Assembly and Association: Evaluates the ability of individuals, including with others (through political parties) to exercise these freedoms. It considers instances of government failure to provide permits or licenses for meetings and demonstrations, as well as information on the ability of trade associations, professional bodies, NGOs, and similar groups to maintain relations or affiliate with recognized international bodies in their fields. Section 7, Worker Rights, discusses the right of workers to associate, organize, and bargain collectively.

Freedom of Religion: Provides a hyperlink to the Department of State’s International Religious Freedom Report. Information on anti-Semitism appears in section 6 under a heading by that name.

Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons: Discusses whether and under what circumstances governments exiled citizens; restricted foreign travel, especially for women or members of minority populations; and revoked passports. It includes subsections on Internally Displaced Persons (if applicable), Protection of Refugees, and Stateless Persons (if applicable). As defined in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, refugees are persons outside their country of origin or, if stateless, outside their country of habitual residence who are unable or unwilling to avail themselves of the protection of that country based on a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion. Under certain regional instruments, such as the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, the term refugee may also refer to persons displaced by civil strife or other forms of generalized violence. The subsection Protection of Refugees reviews the government’s extension of assistance and protection to refugees, including protection against refoulement, the provision of temporary protection, support for voluntary repatriation, longer-term integration opportunities, and third-country resettlement. It also covers abuse and discrimination against refugees and asylum seekers.

The subsection on stateless persons examines whether a country has habitual residents who are legally stateless (not recognized as nationals under the laws of any state) or de facto stateless (not recognized as nationals by any state even if these individuals have a claim to nationality under the laws of a particular state). The report reviews whether the government has implemented effectively laws and policies to provide such persons the opportunity to gain nationality on a nondiscriminatory basis. The subsection examines, among other matters, whether there is violence or discrimination against members of resident stateless populations in employment, education, housing, health services, marriage or birth registration, access to courts, or the owning of property.

Freedom to Participate in the Political Process: Discusses whether the law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and whether in practice citizens had the freedom to participate in the conduct of public affairs. The subsection Elections and Political Participation assesses whether elections were free and fair, including participation by women and minorities on an equal basis.

Corruption and Lack of Transparency in Government: Covers allegations of corruption in the executive, legislative, and judicial branches of government and actions taken to combat it. The section also covers whether the public has access in law and practice to government information.

Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights: Discusses whether the government permits the free functioning of local human rights groups (including by investigating and publishing their findings on alleged human rights abuses), whether these groups are subject to reprisal by government or other forces, and whether government officials are cooperative and responsive to their views. The section also discusses whether the government grants access to and cooperates with outside entities (including foreign human rights organizations, international organizations, and foreign governments) interested in human rights developments in the country. It reports on national human rights commissions, parliamentary commissions, relations with international tribunals, international investigative mechanisms, and transitional justice mechanisms.

Discrimination, Societal Abuses, and Trafficking in Persons: Contains subsections on Women; Children; Anti-Semitism; Trafficking in Persons; Persons with Disabilities; Acts of Violence, Discrimination, and other Abuses Based on Sexual Orientation and Gender Identity. If applicable, it also includes subsections on National/Racial/Ethnic Minorities, Indigenous People, HIV and AIDS Social Stigma, Other Societal Violence or Discrimination, and Promotion of Acts of Discrimination. The section addresses discrimination and abuses not discussed elsewhere in the report, focusing on laws, regulations, or state practices denying or impeding equal access to employment, education, health care, or other governmental benefits for members of specific groups. (The Country Reports address abuses by government or opposition forces, such as killing, torture and other violence, or restriction of voting rights or free speech targeted against specific groups, under the appropriate preceding sections.)

The subsection Women discusses societal violence against women, such as dowry deaths, “honor killings,” wife beating, rape, and female genital mutilation. Included is information on any government tolerance of, and efforts to prevent, such practices as well as the extent to which the women have access to equality of economic opportunity. A paragraph on reproductive rights reports on the ability of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children.

The subsection Children discusses violence or other abuse against children, and, as applicable, access to education and health care, as well as other issues.

The subsection on Anti-Semitism discusses anti-Semitic abuses. The material was formerly under section 2.c. on Religious Freedom, which now contains only a hyperlink to the most recent International Religious Freedom Report. Within that report, there is also material on anti-Semitism.

The Trafficking in Persons subsection contains a hyperlink to the Department of State’s most recent Trafficking in Persons Report.

The subsection Persons with Disabilities covers discrimination against persons with physical or mental disabilities in, among other things, employment, education, and the provision of other government services. The subsection on Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity notes laws criminalizing sexual orientation and reports on discrimination against gay, lesbian, bisexual, transgender, and intersex persons.

Notes on the preparation of section 7, Worker Rights, are contained in Appendix B.

EXPLANATORY MATERIAL

Occasionally the Country Reports on Human Rights Practices state that a country “generally respected” the rights of its citizens. We use the phrase “generally respected” because the protection and promotion of human rights is a dynamic endeavor. It cannot be stated with absolute accuracy that any government fully respects these rights at all times without qualification, even in the best of circumstances. Accordingly, the reports use “generally respected” as a standard phrase to describe countries that attempt to protect human rights in the fullest sense, and it is thus the highest level of respect for human rights assigned by these reports.

Because the Secretary of State designates foreign groups or organizations as foreign terrorist organizations (FTOs) on the FTO list, the reports describe as “terrorists” only those groups on the current Department of State FTO list.

“Protection against refoulement” refers to whether the government refrained from expelling or returning a refugee in any manner to the frontiers of territories where his or her life or freedom would be threatened on account of race, religion, nationality, political opinion, or membership in a particular social group, or where there are substantial grounds for believing that an individual would be in danger of being subjected to torture. The deportation of unsuccessful asylum seekers is not necessarily refoulement.

While the Country Reports describe facts relevant to human rights concerns, the reports do not reach conclusions about human rights law or legal definitions.
Appendix C

Appendix B: Reporting on Worker Rights

U.S. law requires annual reporting to Congress on the status of internationally recognized worker rights in countries that are eligible to receive benefits under the Generalized System of Preferences (GSP). The law defines internationally recognized worker rights to include: “(A) the right of association; (B) the right to organize and bargain collectively; (C) a prohibition on the use of any form of forced or compulsory labor; (D) a minimum age for the employment of children, and a prohibition on worst forms of child labor; and (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.” 19 U.S.C. § 2464, 2467. In addition to these rights, several recent U.S. free trade agreements have also included the “elimination of discrimination in respect of employment or occupation” in their definition of internationally recognized worker rights.

The International Labor Organization (ILO), in its 1998 Declaration on Fundamental Principles and Rights at Work, sets forth these principles and rights at work as follows: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labor; the effective abolition of child labor; and the elimination of discrimination in respect of employment or occupation.

Worker rights are discussed in each country report under the section heading “Worker Rights” in five subsections: freedom of association and the right to collective bargaining; prohibition of forced or compulsory labor; prohibition of worst forms of child labor and minimum age for employment; prohibition of discrimination with respect to employment or occupation; and acceptable conditions of work.

The discussion of worker rights considers not only laws, statutes, and regulations but also their practical implementation. The discussion is informed by internationally recognized labor obligations and standards, including the Conventions and Recommendations of the ILO, and antitrafficking obligations under the UN Organized Crime Convention Protocol to Prevent, Suppress, and Punish Trafficking in Persons. Some specific guidelines derived from these are discussed below.

Freedom of Association and the Right to Collective Bargaining:

“Freedom of association” includes the right of workers and employers to establish and join organizations of their own choosing without previous authorization; to draw up their own constitutions and rules, to elect their representatives, and to formulate their programs; to join in confederations and affiliate with international organizations; and to be protected against dissolution or suspension by administrative authority.

The section of each report on freedom of association also covers the right to strike. While it is generally accepted for strikes to be restricted in the public sector and in essential services, the interruption of which would endanger the life, personal safety, or health of a significant portion of the population, these restrictions need to be offset by adequate safeguards for the interests of the workers concerned (for example, mechanisms for mediation and arbitration, due process, and the right to judicial review of legal actions). Reporting on restrictions on the ability of workers to strike generally includes information on any procedures that may exist for safeguarding workers’ interests.

“The right to organize and bargain collectively” includes the right of workers to be represented in negotiating terms and conditions of employment and the prevention and settlement of disputes with employers, the right to protection against interference, and the right to protection against acts of antiunion discrimination. Governments should promote mechanisms for voluntary negotiations between employers and workers and their organizations. Coverage of the right to organize and bargain collectively includes a review of the extent to which collective bargaining takes place and the extent to which workers, both in law and practice, are protected against antiunion discrimination.

Forced Labor:

“Forced or compulsory labor” is defined as work or service exacted under the menace of penalty and for which a person has not volunteered. “Work or service” does not apply where obligations are imposed to undergo education or training. “Menace of penalty” includes loss of rights or privileges as well as penal sanctions. The ILO exempts compulsory military service, normal civic obligations, emergencies, and minor communal services from its definition of forced labor. The ILO has also exempted certain forms of prison labor, but only to the extent that such labor is exacted as a consequence of a conviction in a court of law and carried out under the supervision and control of a public authority, and provided that the prisoner is not hired to or placed at the disposal of private entities. The ILO further notes that constitutional provisions concerning the obligation of citizens to work do not violate this right so long as they do not take the form of legal obligations enforced by sanctions and are consistent with the principle of “freely chosen employment.”

U.S. law defines forced labor as knowingly providing or obtaining the labor or services of a person by force or threats of force, serious harm or threats of serious harm to that person or another person, abuse or threatened abuse of law or legal process, or any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint. The UN Trafficking Protocol also addresses forced labor, by requiring state parties to criminalize the recruitment, transport, transfer, receipt or harboring of a person for the purpose of forced labor or services extracted through coercive or fraudulent means.

Child Labor:

“A minimum age for employment” concerns the effective abolition of child labor by raising the minimum age for employment to a level consistent with the fullest physical and mental development of young people. The “prohibition on the worst forms of child labor” looks to ILO Convention 182, identifies anyone under the age of 18 as a child, and specifies certain types of employment as “the worst forms of child labor.” These worst forms of labor include slavery, debt bondage, forced labor, forced recruitment into armed conflict, child prostitution and pornography, involvement in illicit activity such as drug production or trafficking, and work that, “by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.”

Discrimination with Respect to Employment and Occupation:

“Discrimination with respect to employment or occupation” may be direct or indirect. Direct discrimination exists when laws, rules or practices explicitly cite a particular ground (such as sex, race, religion, political opinion, national or social origin, etc.) to deny equal opportunities for employment or vocational training, as well as any other ground for distinction determined to impair equal opportunity. The ILO has noted that indirect discrimination occurs where rules or practices appear on the surface to be neutral but in practice lead to exclusions. For example, requiring applicants to be a certain height could disproportionately exclude women and members of some ethnic groups. Unless the specified height was necessary to perform the particular job, this could illustrate indirect discrimination.

U.S. law prohibits discrimination in respect to employment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age. Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status, and political affiliation.

Acceptable Conditions of Work:

“Acceptable conditions of work” refers to the establishment and maintenance of mechanisms, adapted to national conditions, that provide for minimum working standards, namely: wages that provide a decent living for workers and their families; working hours that do not exceed 48 hours per week, with a full 24-hour day of rest; a specified number of annual paid leave days; and minimum conditions for the protection of the safety and health of workers.
Appendix D

Appendix C: FY 2016 Foreign Assistance Actuals
Appendix E

Appendix D: UN General Assembly's Third Committee Country Resolution Votes 2017
Appendix F

Appendix E: United Nations Universal Declaration of Human Rights
Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

ARTICLE 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

ARTICLE 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

ARTICLE 3

Everyone has the right to life, liberty and the security of person.

ARTICLE 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

ARTICLE 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

ARTICLE 6

Everyone has the right to recognition everywhere as a person before the law.

ARTICLE 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

ARTICLE 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

ARTICLE 9

No one shall be subjected to arbitrary arrest, detention or exile.

ARTICLE 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

ARTICLE 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
ARTICLE 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

ARTICLE 13
1. Everyone has the right to freedom of movement and residence within the borders of each state.
2. Everyone has the right to leave any country, including his own, and to return to his country.
ARTICLE 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
ARTICLE 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor be denied the right to change his nationality.
ARTICLE 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
ARTICLE 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
ARTICLE 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

ARTICLE 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

ARTICLE 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
ARTICLE 21
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
ARTICLE 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

ARTICLE 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
ARTICLE 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

ARTICLE 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
ARTICLE 26
1. Everyone has the right to education.
2. Education shall be free, at least in the elementary and fundamental stages.
3. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
4. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
5. Parents have a prior right to choose the kind of education that shall be given to their children.
ARTICLE 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
ARTICLE 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

ARTICLE 29
1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
ARTICLE 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

________________________________________

Hundred and eighty-third plenary meeting
Resolution 217(A)(III) of the United Nations General Assembly,
December 10, 1948
Appendix G

Appendix F: Errata

The following are changes to text of individual country reports since publication March 3, 2017.

Argentina

In Section 6, Anti-Semitism subsection, corrected an editing error in the fifth paragraph.

Bolivia

Section 1.d. Arrest Procedures and Treatment of Detainees, Arbitrary Arrest subsection, changed to “reputable NGO.”

Section 2.a. Freedom of Speech and Press, Violence and Harassment subsection, deleted the second paragraph.

El Salvador

In Section 6, Women subsection, corrected a typo in the spelling of an organization’s name.

Gabon

On the first page, corrected the title of the report with the year 2016.

Guatemala

In Section 2.a., Violence and Harassment subsection, corrected a typo in a quote.

Iraq

In the sixth paragraph of the Executive Summary, added a sentence that reads:

Secretary Kerry stated on March 17 that in his judgment, Da’esh was responsible for genocide against groups in areas under its control, including Yezidis, Christians, and Shia Muslims, and was also responsible for crimes against humanity and ethnic cleansing directed at these same groups and in some cases also against Sunni Muslims, Kurds, and other minorities.

Mexico

In Section 1.d., Role of the Police and Security Apparatus subsection, deleted two sentences in the 4^thparagraph and added this paragraph immediately after.

There were new developments in the 2006 San Salvador Atenco confrontation between local vendors and state and federal police agents in Mexico State during which two individuals were killed and more than 47 women were taken into custody with many allegedly sexually tortured by police officials. In 2009, an appeals court acquitted the only individual previously convicted in the case, and in September the Inter-American Court of Human Rights agreed to hear the case, but no date has been set.

Philippines

In the third paragraph of the Executive Summary, corrected a typo so that the first sentence reads:

Since July police and unknown vigilantes have killed more than 6,000 suspected drug dealers and users as the government pursued a policy aimed at eliminating illegal drug activity in the country by the end of the year.

The Republic of Korea

In the Executive Summary, replaced the second sentence of the third paragraph with:

Corruption was also a problem.

Syria

In the ninth paragraph of the Executive Summary, added a sentence that reads:

Secretary Kerry stated on March 17 that in his judgment, Da’esh was responsible for genocide against groups in areas under its control, including Yezidis, Christians, and Shia Muslims, and was also responsible for crimes against humanity and ethnic cleansing directed at these same groups and in some cases also against Sunni Muslims, Kurds, and other minorities.

Western Sahara

Section 2.a. subsection on Press and Media Freedoms, corrected a typo (two instances) in the spelling of a last name.

Preface
Overview and Acknowledgements
Country Reports
Appendices
Appendix A: Notes on Preparation of the Country Reports and Explanatory Material
Appendix B: Reporting on Worker Rights
Appendix C: FY 2016 Foreign Assistance Actuals
Appendix D: UN General Assembly's Third Committee Country Resolution Votes 2017
Appendix E: United Nations Universal Declaration of Human Rights
Appendix F: Errata