There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

The constitution prohibits such practices, and there were no reports government officials employed them.

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Independent Monitoring: The government permitted visits by independent human rights observers. Representatives from the International Committee of the Red Cross, judges from the supreme court, university students and contractors of the New Zealand Correctional Services visited the prisons.

Improvements: With support from New Zealand, the government finished construction of a new prison in Luganville with a capacity of 83 prisoners; it held 30 inmates as of October.

The constitution prohibits arbitrary arrest and detention; however, authorities did not always observe these prohibitions. The Vanuatu Police Force (VPF) did not respond to multiple requests for numbers of complaints filed against police for arbitrary arrest or detention and/or the disposition of such complaints.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.

The constitution provides for the freedoms of assembly and association, and the government generally respected these rights.

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

Recent Elections: Despite time and funding constraints faced by the Electoral Commission, international and domestic observers considered the 2016 snap election free and fair. Of 24 election disputes filed by unsuccessful candidates, the commission dismissed 23 for lack of evidence. One dispute necessitated a recount, which changed the result of the election for that seat. Voter rolls continued to be problematic and larger than would be expected based on population size, but this situation did not appear to have a significant impact on results. Media covered the election freely, and voters could express their preference without fear of intimidation or coercion.

Political Parties and Political Participation: Political parties could operate without restriction but were institutionally weak, with frequent shifts in political coalitions and unstable parliamentary majorities. Most of the 28 political parties that contested the 2016 election were newly formed.

Participation of Women and Minorities: No laws limit participation of women and/or members of minorities in the political process. Traditional attitudes regarding male dominance and customary familial roles hampered women’s participation in political life. No women served in the 52-member parliament, although eight women contested the 2016 election. Elections for four provincial councils were held in March and only one woman won an open seat.

The law reserves seats for women in municipal governments. Both Port Vila and Luganville municipal councils have reserved seats for women, and in 2015 Luganville voters elected a woman to an open seat. Women interested in running for public office received encouragement from the Vanuatu Council of Women and the Department of Women’s Affairs, which also offered training programs.

A small number of ethnic minority persons (non-Melanesians) served in parliament. Prime Minister Salwai is from the francophone population.

Rape and Domestic Violence: Rape is a crime with a maximum penalty of life imprisonment. The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence. Police, however, were frequently reluctant to intervene in what they considered domestic matters.

Violence against women, particularly domestic violence, was common. According to the most recent survey data available, 60 percent of women in a relationship experienced physical or sexual violence by a partner in their lifetime. Most cases, including rape, were not reported to authorities because women, particularly in rural areas, were ignorant of their rights or feared further abuse.

The law criminalizes domestic violence and seeks to protect the rights of women and children. Violators could face maximum prison terms of five years, a maximum fine of 100,000 vatu ($928), or both. The law also calls for police to issue protection orders for as long as there is a threat of violence. Police have a “no drop,” evidence-based policy under which they do not drop reported domestic violence cases.

There were no nationwide government information programs designed to address domestic violence. Although media attention to domestic violence and abuse was generally limited, the murders of two women by their partners in Port Vila received significant attention. In June Alice Karis died after sustaining head injuries inflicted by her boyfriend during a fight, and in August Flora Charley was found dead in her home after being stabbed by her partner. In both cases, the perpetrators were arrested and are awaiting trial.

The Department of Women’s Affairs played a role in implementing family protection. The Police Academy and the New Zealand government provided training for police in responding to domestic violence and sexual assault cases.

Nongovernmental organizations (NGOs)played an important role in educating the public about domestic violence and helping women access the formal justice system, but they lacked sufficient funding to implement their programs fully.

Other Harmful Traditional Practices: Customary bride-price payments continued to increase and contributed to the perception of male ownership of women.

Sexual Harassment: The law does not prohibit sexual harassment, and it was a problem. Sexual harassment was widespread in the workplace (see section 6.d.).

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/.

Discrimination: The constitution provides women the same personal and religious rights as men. Laws regarding marriage, criminal procedures, and employment further enshrine women’s rights as being equal to those of men. Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance. The country’s nationality law discriminates against citizen mothers who may not alone transmit citizenship to their children.

While women have equal rights under the law, they were only slowly emerging from a traditional culture characterized by male dominance, and women experienced discrimination in access to employment, credit, and pay equity for substantially similar work (see section 7.d.). The Department of Women worked with regional and international organizations to increase women’s access to the formal justice system and educate women about their rights under the law.

Birth Registration: A citizen father may transmit citizenship to his child regardless of where the child is born. A citizen single mother may not transmit citizenship to her child, but the child may apply for citizenship at age 18 years. This lack of citizenship at birth can lead to a child being denied passports and other citizen rights and services. Parents usually registered the birth of a child immediately, unless the birth took place in a very remote village or island. Failure to register does not result in denial of public services.

Education: The government stressed the importance of children’s rights and welfare, but significant problems existed with access to education. Although the government stated a commitment to free and universal education, school fees and difficult geography were a barrier to school attendance for some children.

School attendance is not compulsory. Boys tended to receive more education than girls. Although attendance rates were similar in early primary grades, proportionately fewer girls advanced to higher grades. An estimated 50 percent of the population was functionally illiterate.

Child Abuse: Observers did not believe child abuse to be extensive, and the government did little to combat the problem. NGOs and law enforcement agencies reported increased complaints of incest and rape of children in recent years, but no statistics were available. The traditional extended family system generally protected children.

Early and Forced Marriage: The legal age for marriage is 21 years, although boys as young as 18 years and girls as young as 16 years may marry with parental permission. In rural areas and outer islands, some children married at younger ages. In 2016 UNICEF reported that approximately 21 percent of children married before age 18.

Sexual Exploitation of Children: The law addresses statutory rape, providing a maximum penalty of five years’ imprisonment if the child is older than 12 years but younger than 15 years, or 14 years’ imprisonment if the child is younger than 12 years. The law also prohibits commercial sexual exploitation of children, the sale of children, and the offering or procuring of a child for the purpose of prostitution or pornography. Pornography penalties include up to a two-year prison sentence. These laws were enforced, but there were no criminal cases dealing with pornography during the year.

Child pornography is illegal. The maximum penalty is five years’ imprisonment if the child is 14 years or older, and seven years’ imprisonment if the child is younger than 14 years. Under the law the age of consensual sex is 16 years regardless of sex or sexual orientation. Some children younger than 18 years engaged in prostitution.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

The country’s Jewish community was limited to a few foreign nationals, and there were no reports of anti-Semitic acts.

There were no confirmed reports during the year that the country was a source, destination, or transit country for victims of human trafficking.

No law specifically prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. Although the building code mandates access for persons with disabilities in existing and new facilities, they could not access most buildings. The government did not effectively implement national policy designed to protect the rights of persons with disabilities. The government generally relied upon the traditional extended family and NGOs to provide services and support to persons with disabilities. The high rate of unemployment in the general population, combined with social stigma attached to disabilities, meant few jobs were available to persons with disabilities (see section 7.d.). Access to services through the Ministry of Health’s mental health policy was very limited. Schools were generally not accessible to children with disabilities.

There are no laws criminalizing sexual orientation or same-sex sexual conduct, but there were reports of discrimination and violence against LGBTI persons. LGBTI groups operated freely, but there are no antidiscrimination laws to protect them. In May the country’s first LGBTI advocacy group officially registered as an NGO.

Traditional beliefs in sorcery fueled violence against persons marginalized in their communities. Women were often targets of opportunity.

The law provides for the right of all workers to form and join independent unions, strike, and bargain collectively. While the law does not require union recognition by the employer, it prohibits antiunion discrimination once a union is recognized. Unions require government permission to affiliate with international labor federations; the government has not denied any union such permission.

The law prohibits retaliation for legal strikes. The law requires unions to give 30 days’ notice of intent to strike and to provide a list of the names of potential strikers. The minister of labor may prohibit persons employed in essential services from striking. Under law a court may find any person who fails to comply with such a prohibition guilty of an offense; similarly, for strikes in nonessential services, courts may also find workers failing to comply with procedural requirements guilty of an offense. Convictions for such offenses may result in an obligation to perform compulsory labor in public prisons. The International Labor Organization (ILO) called on the government to take the necessary measures in order to verify, both in law and in practice, that the government could impose no sanctions involving compulsory labor for organizing or peacefully participating in a strike.

In the case of private sector employees, complaints of violations of freedom of association are referred to the Department of Labor for conciliation and arbitration. In the public sector, the Public Service Commission handles complaints of violations. Complaints of antiunion discrimination must be referred to the Department of Labor, and several referrals occurred during the year. According to the commissioner for labor, the department had developed a dispute resolution process to manage these grievances.

The government effectively enforced applicable laws without lengthy delays or appeals. Resources were limited and inspections were generally only carried out following complaints. Penalties for violating the law were sufficient to deter violations.

The government and employers respected freedom of association and the right to collective bargaining.

The constitution and law prohibit all forms of forced or compulsory labor, and the law prohibits slavery and human trafficking. The ILO noted that the law excludes from the definition of forced labor any work or service that forms part of the national civic obligations of citizens, but that the law does not define such work.

The government enforced the law. Penalties for violating the law were sufficient to deter violations. There were no reports such practices occurred.

The law establishes the minimum age for employment at 14 years. The law prohibits children younger than age 12 from working outside family-owned agricultural production, where many children assisted their parents. Children ages 12 through 14 years may perform light domestic or agricultural work if a family member works alongside the child, and agricultural work if the community does it collectively. Children younger than 18 years generally may not work on ships; however, with the permission of a labor officer, a child age 15 years may work on a ship. Although parliament established a minimum age of 15 years for hazardous work, the law does not comply with international standards, because it does not prohibit children between 16 and 17 years from engaging in hazardous work, such as industrial labor and work on ships.

The government effectively enforced the law. Penalties for violations were sufficient to deter violations.

The Labor Department confirmed there were no reported cases of child labor during the year, and department action to address child labor was limited to informal presentations on the topic. There were no credible reports of children employed in agriculture illegally. There were reports children were subjected to commercial sexual exploitation (see section 6, Children).

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

The law does not prohibit employment discrimination with respect to race, color, religion, political opinion, national origin or citizenship, disability, language, sexual orientation and/or gender identity, age, language, HIV or other communicable disease status, or social origin.

The government did not effectively enforce prohibitions on employment discrimination against women, which was widespread. The law did not specify penalties for such violations. Media reported that a young female employee was fired from her job after reporting that she had been sexually abused by her supervisor. Her termination letter cited no valid reason for her firing.

Discrimination against women was especially common in promotions to management positions. Persons with disabilities also faced discrimination with respect to employment and occupations. The ILO noted that legislation allowing for the removal of persons with disabilities from some senior positions appeared to reflect an inherent assumption that a person is incapable of holding such a position if they have any form of disability, and encouraged the government to prohibit explicitly discrimination against persons with disabilities in employment.

There is a national minimum wage which was below the national poverty income level. According to the Asian Development Bank, 40 percent of all Ni-Vanuatu and 50 percent of the rural population had incomes below the national poverty line. There were no reports that standards regarding minimum wage, hours of work, or safety standards were not respected in the informal sector.

The law provides for a 44-hour maximum workweek, and overtime should not exceed 56 hours per week. Workers must receive more than three days paid annual holidays. The law provides for a premium of 50 to 75 percent more than the normal rate of pay for overtime work.

The law includes provisions for occupational safety standards, which are up-to-date and appropriate for the main sectors. Legal provisions on working conditions and safety standards apply equally to foreign workers and citizens in the formal sector. Safety and health provisions were inadequate to protect workers engaged in logging, agriculture, construction, and manufacturing. Workers are able to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities lacked resources to protect employees in such situations effectively.

Enforcement of the law was not fully adequate, although there were sufficient inspectors attached to the Department of Labor to enforce compliance. Penalties for violating the law were sufficient to deter violations. The labor commissioner said that most companies complied with the wage rate and inspectors conducted routine inspections to determine that minimum wages were paid.

Many companies in logging, agriculture, construction, and manufacturing did not provide personal safety equipment and standard scaffolding for workers.