Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/WINDOWS/HUMAN.TBK

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AFGHANIS1
aTITLE:  AFGHANISTAN HUMAN RIGHTS PRACTICES. 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          AFGHANISTAN*
Afghanistan in 1994 continued to experience civil war and
widespread lawlessness.  The nominal nine-party coalition
Government failed to function effectively, and armed factions
opposed or supported President Burhanuddin Rabbani.  Several
provincial administrations maintained limited functions, but
banditry was prevalent in much of the country amid a general
decline of law and order.  In July pro-Rabbani forces met with
some independent ones in Herat and called for a follow-up
traditional gathering of notables to take up the peace effort.
The Herat Conference suffered from a lack of broad
participation owing in part to fears its outcome had been
predetermined by pro-Rabbani elements.  The U.N. Special
Mission to Afghanistan made several efforts to reach a
political solution to the crisis, including convening s
conference of Afghan notables in Quetta.  By year's end, the
United Nations obtained agreement in principle from the major
factions to participate in a broad-based interim government and
began to negotiate the details.
The simmering civil war intensified on January 1 when troops
commanded by the leader of the National Islamic Movement (NIM),
General Abdul Rashid Dostam, aided by forces loyal to Prime
Minister Gulbuddin Hekmatyar, attempted a coup d'etat against
President Rabbani.  The attempt was foiled, but the protracted
fighting caused heavy civilian casualties and the destruction
of much of Kabul.  By the end of 1994, an estimated 1 million
Afghans remained displaced by fighting, and an estimated 34,000
were killed or wounded during the year in Kabul alone.
The coalition Government has not established a national
military and police force.  The political instability and the
presence of heavily armed party militias in Kabul have led to
an array of regional security bodies, many of which operate
independently of party and governmental authorities.  They are
responsible for many human rights abuses.
Agriculture, including increased levels of opium poppy
cultivation, remained the mainstay of the economy.  The civil
war impeded reconstruction of irrigation systems, repair of
market roads, and clearance of some 10 million Soviet land
mines.  There was modest reconstruction in some areas, notably

*The American Embassy in Kabul has been closed for security
reasons since January 1989.
Herat, Mazar-i-Sharif, and Nangarhar, where provincial
authorities have reestablished a degree of order and civil
administration.
Large-scale human rights violations occurred in 1994.  The
U.N.'s Special Rapporteur on Afghanistan concluded that "as
Afghanistan has no effective central government, the imputation
of state responsibility in international law is problematic."
The warring factions not only failed to protect the human
rights of civilians, but often wantonly violated those rights
by specifically targeting noncombatants.  Gunmen affiliated
with the 10 armed factions were often responsible for
assassinations, looting, rapes, and kidnapings for ransom.
Combatants from several factions blocked food and medical
supplies desperately needed by displaced people in the Kabul,
Kunduz, and Taloqan areas.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In 1994 an estimated 8,000 Afghans died in Kabul alone as a
result of the civil war.  Most were civilian victims of
artillery, rocket, or air strikes launched by forces aligned
with Hekmatyar or Rabbani.  In many cases civilian deaths were
incidental to the military actions of the belligerents, but in
some cases combatants purposefully targeted civilian areas.
Combatants also sought to assassinate rival commanders and
their sympathizers.  The perpetrators of these assassinations
and their motives were difficult to identify, as political
motives are often entwined with family and tribal feuds,
battles over the drug trade, religious zealotry, and personal
vendettas.
In July a reporter for the British Broadcasting Corporation,
Mirwais Jalil, was abducted and murdered by unidentified
gunmen.  His body, bearing over 20 stab and bullet wounds, was
later found in a no man's land.  In July Commander Naser of
Laghman Province, who was affiliated with Hekmatyar's party,
and 10 of his bodyguards were reportedly murdered as Naser
traveled to meet with a rival.  In September Commander Sadiq,
also a follower of Hekmatyar, and his bodyguard were murdered
in Nangarhar Province while returning from a visit to
Pakistan.  Sadiq was rumored to have been involved in narcotics
trafficking, a Pashtun intratribal dispute, and the factional
fighting in Kabul--any of which may have provided the motive
for his murder.  None of the perpetrators was apprehended.
President Rabbani's forces apparently targeted Hekmatyar
himself in an August 12 air raid that demolished his living
quarters.  Subsequent air attacks were made on a hospital
facility where Hekmatyar was thought to be under treatment for
injuries sustained in the August 12 air raid; in fact he had
escaped serious injury.
Two brothers who had murdered a rival were executed in Herat
after an on-the-spot adjudication by an Islamic magistrate.
Summary executions following Shari'a court trials were reported
elsewhere in the country.
     b.  Disappearance
In April Amnesty International (AI) issued a report claiming
that dozens of people had disappeared or were being held in
incommunicado detention.  It appealed to all sides to release
their captives and stop taking hostages.  AI reported that Zia
Nassry, an American citizen, was allegedly arrested by
pro-Rabbani forces in Kabul in 1992; Nassry's welfare and
whereabouts remained unknown in 1994.
Hostage taking for ransom or political reasons was common.  In
June unknown gunmen abducted an Afghan guard working at an
inactive diplomatic mission in Kabul.  The victim was tied,
blindfolded, threatened with death, beaten, held for 16 days,
and finally released when his family paid the ransom.  The
kidnapers were not apprehended.  In July Mullah Rocketi, a
commander of Abdul Rasul Sayyaf's Ittehad-i-Islami Party,
released seven Pakistani and two Chinese hostages he had
kidnaped to force the Government of Pakistan to release his
brother from prison and return or pay for weapons allegedly
taken from him.  Rocketi had held some of the captives since
1992.
Groups in Russia listed nearly 300 Soviet soldiers who had
served in Afghanistan as missing in action or prisoners of
war.  Most were thought to be dead or to have voluntarily
assimilated into Afghan society.  Some continued to be held
against their will by their Afghan captors.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Armed factions reportedly employed torture and ill-treatment
frequently to extract information from prisoners or break their
will.  Mullah Rocketi's forces hung some foreign captives (see
Section 1.b.) upside down and beat them to force them to write
letters urging that ransom be paid, according to media accounts.
Due to the lack of a functioning national judicial system, the
powers that be reportedly imposed traditional laws and
punishments, such as the amputation of hands of those convicted
of theft.
Marauding militiamen abused many women in Mazar-i-Sharif in
January and in Kunduz in March, according to international
media and other sources.  The U.N. Special Rapporteur reported
that in 1994 there were innumerable cases of rape and that in
some instances women had been "hunted down."  In March armed
men repeatedly raped a 15-year-old girl in Kabul after breaking
into her family's house and killing her father for allowing her
to attend school, according to an AI report issued in
December.  The report added that thousands of women and
children had been raped in Afghanistan since April 1992, when
the mujahedin groups took power in Kabul.
     d.  Arbitrary Arrest, Detention, or Exile
With the breakdown of law and order, justice was not
administered "by the book" in many localities.  Little was
known about procedures employed in 1994 for taking persons into
custody and bringing them to trial.  Presumably, practices
varied considerably among the localities.
     e.  Denial of Fair Public Trial
With the collapse of a nationwide judicial system, many
municipal and provincial authorities relied on some form of
Shari'a, or Islamic, law and traditional tribal codes of
justice.  However, little is known about the implementation of
these precepts.
No firm estimate is available on the number of political
prisoners, but a Pakistan-based human rights group estimated
that well over 1,000 people were held as political prisoners or
hostages by armed factions or independent commanders.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Widespread forced entry into homes and looting occurred in the
northern cities of Mazar-i-Sharif and Kunduz early in the year
during intense fighting there.  There were fewer reports of
looting in Kabul compared with 1993, probably because much of
the city was in ruins and many items of value had already been
carried off.  A U.N. facility in Mazar-i-Sharif and the
Pakistani Embassy in Kabul were ransacked in early 1994.  The
Afghanistan National Archives were looted in May.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Ten armed factions, aligned in two loose blocs, fought for
power in Kabul and the provinces, causing widespread
destruction and indiscriminate killing.  Command and control of
armed men was often haphazard and informal, a condition that
obscured the relationship between the perpetrators of human
rights violations and the political leaders with whom they were
nominally affiliated.
On January 1, General Dostam's troops in Kabul, theretofore
aligned with President Rabbani, switched to Prime Minister
Hekmatyar's side and attempted to oust the President in a coup
d'etat.  The President's forces quickly countered  and the
ensuing fighting engulfed much of Kabul and northern parts of
the country.  A significant number of civilians were killed in
the northern cities of Mazar-i-Sharif and Kunduz during heavy
fighting.  Fighting raged in Kabul's old business district,
with both sides employing heavy weapons and air strikes which
took a heavy toll of civilian life and wreaked destruction on
much of Kabul.  As intense fighting in Kabul continued for most
of January, hundreds of thousands fled to safer areas of the
country.  Most of the belligerents received outside assistance,
despite U.N. calls to halt the influx of materiel to the
warring factions.
In February Prime Minister Hekmatyar imposed a food blockade on
northern Kabul, the area controlled by President Rabbani's
troops.  The U.N. Security Council and the United States
Government condemned the food blockade and asked that it be
lifted.  In March General Dostam's militia briefly captured the
northern city of Kunduz from the forces of Ahmed Shah Masood,
President Rabbani's de facto Defense Minister.  Amid widespread
pillaging by the victorious troops, local people revolted and
assisted Masood's fighters in retaking the city, according to a
Western journalist who visited the area.
Sharp clashes broke out in Kabul in late June, when Masood
launched an attack against Dostam's and Hekmatyar's forces and
drove them from key strongholds in central Kabul.  They reacted
by launching nearly daily rocket attacks on the city, which
took a heavy civilian toll.
In September the relatively quiet Shi'a quarter of Kabul
erupted in intense fighting between rival Shi'a factions, which
were quickly backed by other armed groups.  In the last half of
September alone, some 2,650 people, mostly civilians, were
reportedly killed or wounded in this fighting.  On September 27
a rocket hit a Kabul wedding party, killing 40 people and
injuring 70, according to U.N. and media sources.  In November
armed religious students known as the "taliban" (disciples)
movement took over Kandahar and neighboring areas in southern
Afghanistan after defeating local commanders in battle.  The
taliban cleared roadblocks from the main highway and
implemented a strict social code.  According to media accounts,
the taliban limited the use of videotapes, prohibited public
music and dancing, and restricted other forms of public
behavior.
The Afghan countryside remained plagued by an estimated 10
million land mines sown during the Soviet occupation.  The U.N.
sponsored mine awareness, detection, and removal programs, but
the mines will pose a threat for years to come.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
There are no laws effectively providing for freedom of speech
and press, and the nominal Government lacks the authority to
protect these rights.  Senior officials of various warring
factions allegedly attempted to intimidate reporters and
influence their reporting.  The few newspapers, all of which
were published only sporadically, were largely affiliated with
political parties.  There was a pro-Rabbani radio and
television service in Kabul.  Prime Minister Hekmatyar has his
own radio and television service near Kabul, as does General
Dostam in the northern city of Mazar-i-Sharif.
     b.  Freedom of Peaceful Assembly and Association
Civil war conditions in Kabul and the tenuous security
situation in much of the country effectively limited Afghans'
freedom of assembly and association.  The prohibition against
non-Islamic political parties was reinforced by President
Rabbani's call for jihad, or holy war, against General Dostam
and his followers.  The President's backers do not view
Dostam's movement as Islamic.  One positive development was the
establishment of numerous local councils, or shuras, at the
provincial and sub-provincial levels to establish order and
organize development efforts.
     c.  Freedom of Religion
Afghanistan's official name, the Islamic State of Afghanistan,
reflected the country's adherence to Islam as the state
religion.  Some 85 percent of the population is Sunni Muslim,
with Shi'a Muslims comprising the bulk of the remainder.  The
small number of non-Muslim residents in Afghanistan may
practice their faith, but may not proselytize, according to an
official source.
The country's small Hindu and Sikh population, which once
numbered about 50,000, continued to shrink as its members
emigrated or took refuge abroad.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Although in principle citizens have the right to travel freely
both inside and outside the country, their ability to travel
within the country was hampered by warfare, brigandage,
millions of undetected land mines, the disrepair of the road
network, and the moribund state of the domestic air service.
Despite these obstacles many people continued to travel
relatively freely.
International travel became more difficult in 1994, as the
Government of Pakistan closed its border in January to new
refugees from Afghanistan.  Only Afghan travelers holding valid
visas were officially allowed entry, but thousands of
undocumented Afghans crossed into Pakistan, including some
admitted on medical or humanitarian grounds.  Kabul
International Airport was closed due to the fighting, and most
diplomatic missions moved out of Kabul in January.
Afghans continued to form one of the world's largest refugee
populations.  Well over 3 million Afghans were refugees abroad,
with 1.2 million in Pakistan, roughly 2 million in Iran, and
70,000 in Russia.  The limited repatriation of 1993 slowed to a
trickle in 1994, with 78,000 returning from Iran and 75,400
from Pakistan.  However, an estimated 70,000 new refugees
arrived in Pakistan in the first half of the year alone.
According to the United Nations and other sources, Russia
forcibly repatriated 21 Afghans in August, including 8 orphaned
children of Afghan Communist Party members accepted for
resettlement when the Soviet army departed from Afghanistan in
1989.  The U.N. High Commissioner for Refugees protested the
forced repatriation.
Of the roughly 35,000 registered Tajikistan refugees in
northern Afghanistan at the start of 1994, approximately half
were repatriated, including nearly all of the 18,000 previously
housed at a refugee camp across the border from Termez,
Uzbekistan.  Those in northeastern Afghanistan faced more
difficult obstacles to repatriation, including irregular
transport across the Amu Darya river, fighting along the
Tajik-Afghan frontier, and explosions in June at the
repatriation center at Shir Khan Bandar, presumably caused by
militant extremists who wished to manipulate the Tajik refugees
for purposes such as recruiting them into the armed movement
seeking to overthrow the government of Tajikistan.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The continuing violent struggle for political power among the
10 armed factions effectively precluded the citizens from
peacefully and democratically changing their government or form
of government.
The nine-party coalition Government, established in 1993 under
the Islamabad and Jalalabad Accords, existed only in nominal
terms.  It failed to function as a cohesive governing
structure, and by July President Rabbani's inner circle of
advisors occupied most positions of influence in the
President's limited sphere of control.
Under the terms of these Accords, President Rabbani's term in
office was to expire in late June.  However, he announced that
he would not be held to these widely ignored agreements, and
referred back to a unilateral edict by a Grand Council,
convoked by the President in late 1992, that provided for a
2-year presidential term.  A group of clerics, deemed the
Supreme Court by President Rabbani, upheld the President's
decision to extend his tenure.
In March U.N. Secretary General Boutros Ghali dispatched a
Special Mission to Afghanistan to help mediate the conflict.
The Mission, headed by former Tunisian Foreign Minister Mahmoud
Mestiri, canvassed Afghans on how the United Nations could
foster a peace process.  It later attempted to bring
representatives of the factions to preliminary discussions on a
political solution, but the Rabbani faction refused to talk
with General Dostam's representatives.
In July Governor Ismail Khan of Herat convened a gathering of
several hundred pro-Rabbani and some neutral representatives to
discuss a possible peace process.  U.N. officials attended as
observers.  The Herat conferees recommended that a loya jirga,
or traditional grand assembly, be held by late October.
Anti-Rabbani elements viewed the proceedings as biased in favor
of Rabbani and largely ignored them.  In September Mestiri
again gathered a group of Afghan notables to advise the U.N. on
mediating the conflict.  The major factional leaders accepted
the advisory group's framework for peace, which included a
permanent cessation of hostilities, the creation of a national
security force, and the establishment of an interim ruling
authority.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
In 1994 there were no known human rights groups in
Afghanistan.  At least one group operated outside the country;
the Afghan League of Human Rights' annual report was produced
in Pakistan.  The civil war and lack of security made it
difficult for human rights organizations to monitor the
situation inside the country.
In September the U.N. Special Rapporteur visited Afghanistan
and met with senior Afghan leaders.  Heavy fighting in Kabul
prevented him from visiting the capital.  He issued a
preliminary report of his findings in November.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Afghan custom and tradition imposes limits on women's
activities beyond the home.  Under the Communist regime of the
1980's, a growing number of women, particularly in urban areas,
worked outside the home in nontraditional roles.  This trend
was reversed with the ouster of the Communist regime in 1992,
and in 1994 women were increasingly precluded from public
service.  In conservative areas in 1994, many women appeared in
public only if dressed in a complete head-to-toe garment with a
mesh covered opening for the eyes.  In Faryab Province the
local warlord's forces reportedly directed unmarried women over
age 12 to get married or face the prospect of rape by the
warlord's gunmen.
The U.N. Special Rapporteur noted a series of 21 ordinances
governing the behavior of women in Afghanistan, reportedly
issued by a nine-member committee of the High Court.  These
ordinances specified, inter alia, that a woman's veil must
cover her whole body, that perfumed women are regarded as
adulteresses, that a woman must not leave her house without her
husband's permission, and that a woman must not look at
strangers.  There is no information available on how, or
whether, these ordinances were enforced.  After the taliban
movement took control of Kandahar, it reportedly told women to
venture outdoors only if accompanied by a male relative.  Prime
Minister Hekmatyar decreed that women must wear Islamic dress
and refrain from "aimless wandering."  In December the
provincial council of Jalalabad reportedly prohibited women
from working in offices except in the fields of health and
education.  In 1994 four women were stoned to death in Kunduz
after being found guilty by Islamic judges of capital offenses,
according to a local government authority.
     Children
Local administrative bodies and international assistance
organizations undertook to look out for children's welfare to
the extent possible.  Malnourishment of children as a result of
the food blockade was reported in Kabul, and the general
disruption of health services countrywide due to the civil war
put many young people at grave risk.
     People with Disabilities
It is not known whether the nominal Government took any
measures to protect the rights of the mentally and physically
disabled or to mandate accessibility for them.  Victims of land
mines were a major focus of international humanitarian relief
organizations, which devoted resources to providing prostheses,
medical treatment, and rehabilitation therapy to amputees.  In
August the U.N. Development Program initiated a million-dollar
project to strengthen comprehensive community-based
rehabilitation services for disabled Afghans.
Section 6  Worker Rights
     a.  The Right of Association
Little was known about labor laws and practices in Afghanistan
in 1994.  There were no reports of labor rallies or strikes.
Labor rights were not clearly defined, in the context of the
breakdown of governmental authority, and there was no effective
central authority to enforce them.  Many of Kabul's industrial
workers were unemployed due to the destruction or abandonment
of the city's minuscule manufacturing base.
     b.  The Right to Organize and Bargain Collectively
Afghanistan lacks a tradition of genuine labor-management
bargaining.  There were no known labor courts or other
mechanisms for resolving labor disputes.
     c.  Prohibition of Forced of Compulsory Labor
No information was available on government edicts regarding
forced or compulsory labor.
     d.  Minimum Age for Employment of Children
There was no evidence that the Government was able to enforce
labor laws relating to the employment of children.
     e.  Acceptable Conditions of Work
There was no available information regarding a statutory
minimum wage or the enforcement of safe labor practices.  Many
workers were apparently allotted time off regularly for prayers
and observance of religious holidays.
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ALBANIA1
MdMdTITLE:  ALBANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ALBANIA
Albania continued to struggle in its efforts to establish a
democratic society.  A new draft constitution was defeated in a
referendum in November with little hope that another version
could be approved before year's end.  Pending a new
constitution, the Law on Major Constitutional Provisions
supplemented by the Law on Fundamental Freedoms and Human
Rights serves in its place.  President Sali Berisha, elected by
Parliament in 1992, continued his 5-year term presiding over a
coalition government dominated by the Democratic Party.
Parliament adopted a new civil procedures code and began
consideration of draft penal and penal procedures codes.  The
Court of Cassation in June overturned the Minister of Justice's
refusal to register the Democratic Party of the Right, thus
providing for registration of a newly formed party of sharply
differing views.
Local police detachments reporting to the Ministry of Interior
(the Ministry of Public Order prior to December 1994) are
responsible for internal security.  Police effectiveness in
combatting violent crime increased, but instances of police
abuse continued.  The National Intelligence Service (SHIK) has
both domestic and external intelligence gathering and
counterintelligence functions.  There are rumors, but no
evidence, that SHIK exceeded its mandate.
Albania is a poor country with a largely agricultural economy.
Remittances from Albanians working abroad are the principal
source of foreign exchange.  The economy, in transition from a
centrally planned to a market-oriented system, continued to
improve as gross domestic product grew by over 8 percent.
Privatization of small and medium enterprises continued at a
slower pace than in 1993, but privatization of large
enterprises continued to be hampered by a shortage of
interested investors.  Inflation dropped to an annual rate of
around 18 percent, and unemployment remained at around 25
percent.
Significant human rights abuses remain.  Police continue to
beat detainees, sometimes causing deaths.  Five police officers
arrested for a fatal beating in 1993 were found guilty and
sentenced to imprisonment (see Section 1.a.), but in several
instances alleged abuses occurred without the perpetrators
being punished.  Ethnic tensions were exacerbated by the arrest
of five members of the ethnic Greek political organization
Omonia on charges of treason and illegal weapons possession and
their sentencing to 6- to 8-year terms, which were subsequently reduced on appeal.  Substantial procedural shortcomings marred
their arrest, the search of their homes and offices, their
detention, and their trial.  The Government restricted freedom
of the press by trying Albanian journalists for defaming public
officials and for revealing alleged state secrets.  The
President later pardoned those journalists.  Some restrictions
remain on freedom of assembly and association.  The ethnic
Greek community continued to complain of discrimination,
particularly in education and religious matters.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political or Other Extrajudicial Killing
There were no reports of political killings.  In January Irfan
Nano of Saranda died after police reportedly beat him while in
custody.  The Albanian Helsinki Committee (AHC) protested his
death.  Arrest warrants were issued for two police officers
believed responsible, and the investigation was continuing at
year's end.  On November 23, Enrik Islami of Vlora died in
police custody.  Islami had reportedly been in prison for 17
months pending trial for murder.  The Vlora prosecution opened
an investigation into Islami's death, but no arrests have been
made.  Five police officers, accused of fatally beating David
Leka while in custody in August 1993, were found guilty and
sentenced to from 1 to 11 years in prison.
     b.  Disappearance
There were no reported disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Penal Code prohibits the use of physical or psychological
force during criminal proceedings and provides penalties for
those found guilty of abuse.  During September, the AHC
investigated complaints of mistreatment while in custody of
Jani Stefan Magllara in Saranda and Osman Curciali in Tirana.
The Minister of Public Order claimed that, in both cases, the
police sought to detain them in connection with specific
crimes.  When they forcibly resisted detention, police used
force against them.  Curciali filed a complaint of police
brutality, and the prosecutor opened an investigation, which
was continuing at the end of the year.  Amnesty International,
Human Rights Watch/Helsinki, and others protested the October
14 and 15 beatings of three members of the Gay Albania
Society.  The three were detained for allegedly engaging in
homosexual acts, a practice which is punishable by up to 10
years in prison under the Penal Code.  One of the three
detainees was beaten severely enough to require
hospitalization.  The Interior Ministry stated that no
complaints of mistreatment were filed in this case and
therefore it initiated no investigation.  On October 20, the
AHC protested the mistreatment of six members of the Keci
family, three of them women, in police custody in the town of
Fushe-Kruja on October 17.  One of the men was reportedly
beaten severely enough to require hospitalization.  The
Interior Ministry reported that no complaints of mistreatment
were received and it undertook no investigation.
Four of the five ethnic Greek members of Omonia stated that,
during their detention before their trial for treason,
authorities subjected them to physical and psychological
pressure, including beatings, sleep deprivation, hate speech,
and threats of torture.  The Government rejected their claims
(see Section 1.e.).
Albanian prison conditions do not meet internationally accepted
standards.  Of particular concern is the incarceration of minor
suspects and convicts (under the age of 18) with older inmates
and resulting allegations of sexual abuse of minors by older
prisoners.  There are no statutes which define the rights or
obligations of prisoners or the rules governing prisoners'
behavior.  The AHC, which monitors prison conditions and
reports on them to its parent organization, also noted that
hygienic conditions in the prisons are extremely poor and
prisoners often experience difficulties receiving visitors,
mail, and newspapers.  The AHC deemed none of these problems
life-threatening.
     d.  Arbitrary Arrest, Detention, or Exile
According to the Penal Code, a prosecutor or police officer may
order a suspect into "custody."  Those in custody may leave
their residences only with the approval of the prosecutor.  All
accused persons must be informed of the charges against them at
the time of detention and have the right to legal counsel,
which will be provided free of charge if they are unable to
afford a private attorney.
Bail, in the form of money or property, may be required if it
is believed the accused may not appear for the court hearing.
If the prosecutor fears that the accused may leave Albania
prior to trial or is a danger to society, he may order an
arrest.  Many suspects remain in jail until their trial date,
which, due to the backlog of cases and shortage of attorneys,
is often longer than 3 months.
Within 24 hours of arrest, the police must send a report to the
prosecutor on the evidence linking the suspect to the crime.
The prosecuting attorney has 48 hours within which to decide
whether to go to trial or to order the person's release.
Either the defendant or counsel has the right to appeal the
arrest ordered by the prosecutor in the court of first
instance.  The hearing must be held within 7 days of the arrest
in the presence of the prosecutor, the defendant, and the
defense counsel.  There is no appeal of the court's decision in
this matter.
In practice, the above procedures are often not followed.
Detainees in criminal cases are often denied contact with their
families during the investigative phase, which, due to a heavy
caseload and the lack of trained investigators, may last
several months.  The five ethnic Greeks arrested and tried for
treason all complained of lack of access to their families for
the first 3 months of the 4-month investigation.  The serious
procedural effects noticed in the Omonia case may well reflect
a pattern of judicial weakness which also affects ethnic
Albanians.  The AHC also investigated complaints that some
prisoners continued to be held virtually incommunicado even
after they were convicted in court and that the courts often
failed to respect the right of those arrested to appeal their
arrest and receive a hearing within 7 days of the arrest.
The Albanian system of justice does not employ exile as a form
of punishment or political control.
     e.  Denial of Fair Public Trial
The lack of a new penal code and constitution resulted in
continued reliance on a patchwork of changes to Communist-era
laws, in uneven application of the laws, and, together with
procedural irregularities, sometimes in denial of fair trial.
The judicial system comprises the courts of first instance
(also known as district courts), the Court of Appeals, and the
Court of Cassation.  Each of these courts is divided into three
jurisdictions:  criminal, civil, and military.  The Court of
Cassation (also known as the High Court or Supreme Court) hears
appeals from the Court of Appeals, while the Constitutional
Court reviews those cases requiring interpretation of
constitutional legislation.
Parliament has the authority to appoint or dismiss judges of
the Constitutional Court (nine members) and the Court of
Cassation (seven members).  The Supreme Judicial Council, which
is headed by the President of the Republic, appoints and
dismisses all other judges.  Judges have lifetime appointments
and may be relieved of their duties only upon conviction for a
serious crime.
Prosecutors also serve at the pleasure of the Supreme Judicial
Council.  Many judges and prosecutors who held ranking
positions during the previous regime have been removed.
The Law on Major Constitutional Provisions provides that a
trial must be held in public, unless it might divulge national
security information, disrupt public order, or prejudice the
"best interests of minors, private parties, and justice."  If
convicted, the accused has the right to appeal the decision
within 5 days to the Court of Appeals and again to the Court of
Cassation, which renders the final verdict.  The law does not
specify any time period within which the Court of Appeals or
the Court of Cassation must hear appeals.
The arrest, investigation, and trial of the five ethnic Greek
members of Omonia did not conform to internationally accepted
standards.  It is not clear that Ministry of Public Order
officials had proper warrants authorizing the searches of the
homes and offices of the Omonia members incident to their
detention on April 18.  None of the arrestees had access to
legal counsel during their initial detention.  Once arrested,
only one of the arrestees had immediate access to a lawyer
during the subsequent investigative phase.  The Government
claims to have written waivers of the right to counsel from the
other arrestees.  In fact, the four other arrestees were not
represented by counsel during the major part of the
investigation, and one was not represented until immediately
before the trial.
During the trial, defendants and their lawyers were required to
testify before any other witnesses were called.  Although this
is permissible under Albanian law, it may have prejudiced the
defendants' right to a presumption of innocence and avoidance
of self-incrimination.  The court admitted the written
testimony of several witnesses who, despite the requests of
defense lawyers, did not appear in court, thus denying the
defendants the opportunity to confront them.  The Government
denied assertions made by several of the defendants at their
trial that their statements during the investigation had been
coerced by torture or the threat of torture.  To discredit
defense claims of coercion, the prosecution introduced
videotapes of the defendants secretly made during the
investigation.  The judges, defendants, defense attorneys,
prosecutors, and selected Albanian journalists were the only
ones permitted to view them.  Neither the Government nor the
prosecution made any further attempt to investigate allegations
of mistreatment.  At the end of 1994, the AHC published a
declaration critical of procedural irregularities in the
trial.  Despite charges of ethnic discrimination in the case of
the ethnic Greek Omonia members, the legal system does not
discriminate systematically against minorities or women.  The
serious procedural defects noticed in the Omonia case amy well
reflect a pattern of judicial weakness which affects ethnic
Albanians as well.  The AHC also noted procedural
irregularities in the trial of former Prime Minister Fatos Nano.
The AHC does not claim that the Government holds any political
prisoners.  Some members of the former Communist regime,
convicted on charges of enriching themselves at public expense,
corruption in the performance of their duties, or ordering
border forces to kill Albanians attempting to flee the country,
are serving prison sentences.  The opposition Socialist Party
claims that former Prime Minister Fatos Nano, convicted of
corruption in handling humanitarian assistance from Italy, is a
political prisoner.  They base this claim on procedural
irregularities which occurred during the investigation and
trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Law on Major Constitutional Provisions states that Albania
guarantees "the human rights and fundamental freedoms as
accepted in international documents."  The Law on Fundamental
Freedoms and Human Rights addresses protections associated with
privacy, family, home, and correspondence.
Although Article 16 provides for protection of the home from
arbitrary entry or search, the Penal Code permits warrantless
searches for weapons.  Article 17 calls for privacy of
correspondence except "for a judgment in the interest of
criminal proceedings or by the approval of a competent
government body, assigned by law, in cases where it
(encroachment) is considered indispensable for reasons of
national security."
The Government is considering plans to open and examine the
files of the Sigurimi (the former secret police of the
Communist regime), but no legislation has been passed, and the
files remain under the control of the SHIK.  Senior government
officials have indicated that not all files are intact and some
may have been tampered with in the final days of the Communist
regime.  The AHC is concerned that information from the files
may have been used for political purposes and protested the
lack of legislation on their disposition.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The 1993 Law on Fundamental Freedoms and Human Rights provides
for freedom of speech and press, but laws on slander, insult,
and protection of state secrets were used to prosecute persons
for criticism of the Government.  In practice, freedom of
speech, including freedom to criticize the Government and
government officials, was sometimes restricted.
A 1993 press law sets out large fines for publishing material
that the Government considers secret or sensitive, permits
confiscation of printed matter or property by judicial order,
and allows for criminal punishment under certain circumstances
yet to be defined by the Penal Code.  The media and the AHC
continue to denounce this law.  While several Albanian
journalists were arrested and tried under slander and libel
laws, none was prosecuted under the 1993 press law.  No law
governs electronic media.
The Government took legal action against four journalists in
1994.  Martin Leka and Aleksander Frangaj, reporter and editor
respectively of the opposition newspaper Koha Jone, were
arrested in January after Koha Jone published a classified
order prohibiting military officers from carrying their
sidearms while off-duty.  Leka and Frangaj were prosecuted
under the penal code article concerning protection of state
secrets.  The court sentenced Leka to 18 months in prison,
while Frangaj was found not guilty; the prosecution appealed,
and Frangaj was subsequently sentenced to 5 months in prison.
In addition, two other journalists from opposition papers,
Illyrian Zhupa from Populli Po and Shyqyri Meka from Aleanca,
were arrested for libel.  President Berisha pardoned all four
on May 3.  An appeals court later declared Frangaj and Leka not
guilty.
Opposition parties, independent trade unions, and various
societies and groups publish their own newspapers.  Some 250
newspapers and magazines appear on a regular basis.  Three
newspapers in the Greek language are published in southern
Albania.
Foreign journalists encountered difficulties in Albania in
1994.  Several Greek and Cypriot journalists covering the trial
of the five members of Omonia in August were expelled from
Albania for "improper documentation," having entered Albania as
tourists, not journalists.  Plainclothes police subjected other
Greek journalists to petty harassment, and Greek television
journalists were not permitted to film the Omonia trial
sessions, while Albanian television taped the entire trial.
Only state-run radio and television provide domestic
programming, but many municipalities offer locally fed
international programs via satellite.
Since November 1991, Parliament has exercised direct control
over television, delegating some oversight duties to an
Executive Committee of Radio and Television, which it
appoints.  The Executive Committee, comprised of 11 members
from outside Parliament, meets occasionally to review
programming and the content of news broadcasts.  Opposition
critics of the Government continued to allege that television
serves the interest of the ruling Democratic Party.  State
television's portrayal of the events outside the courthouse
during the Omonia trial, including police use of force against
Greek journalists and lawyers, was misleading since it created
the false impression that the police were violently provoked.
Opposition parties claimed that some controversial interviews
and programs, including rebroadcast segments of the Voice of
America, were not aired, reportedly at the request of political
and governmental leaders.  Local radio in southern Albania
broadcasts some Greek-language programming, with its content
translated directly from Albanian-language reporting.  The AHC
continued to express concern over the lack of legislation
covering electronic media ownership and broadcasting.
The Government did not infringe academic freedom.
     b.  Freedom of Peaceful Assembly and Association
While the Government generally respected the rights of freedom
of peaceful assembly and association, in some instances local
officials denied these rights, particularly to members of the
ethnic Greek minority.  Police sometimes used excessive force
in breaking up protests.
In order to hold a public rally, an organization must apply for
a permit from local authorities and provide copies of all
speeches to be delivered and slogans to be used in the course
of the meeting.  The authorities generally grant requests for
meetings, although police sometimes require a change of date or
venue.  There were no reports of arrests of persons attending
authorized meetings in 1994, but several ex-members of the
security services were detained and fined for an unauthorized
demonstration outside the Court of Cassation.
The Albanian Autocephalous Orthodox Church requested permission
to hold a religious procession near the center of Tirana on the
feast of Good Friday during Orthodox Easter.  The Ministry of
Public Order initially denied the request, claiming that it
could not ensure security for such a procession and that the
procession's proposed route would disrupt a major traffic
artery.  Following protests by the Orthodox Church and the
Government of Greece, the Ministry approved a later procession
for Easter Sunday.  A request by ethnic Greeks in the southern
Albanian town of Gjirokaster to assemble to celebrate the Greek
national day holiday on March 25 was refused by local public
order officials.  The Ministry later replaced the chief of
police for Gjirokaster, reportedly in part for his refusal to
permit the meeting.
In two incidents, police reportedly used force to control or
detain demonstrators.  In August police forcibly removed
several members of the Association of Former Political
Prisoners and Formerly Persecuted Persons from the premises of
commercial establishments in Durres where they were conducting
a hunger strike, causing several injuries.  The AHC protested
the use of excessive force to remove the hunger strikers but
did not contest the court order that declared the hunger strike
illegal.  On August 15, police broke up a demonstration by a
group of about 100 Greek lawyers, journalists, and ethnic Greek
citizens of Albania outside the courthouse in which five ethnic
Greeks were being tried on treason charges and detained 20
lawyers and journalists.  During this action, independent human
rights observers witnessed police severely beating at least one
person who was offering no resistance.
Any organization, including a political party, must apply to
the Ministry of Justice for official certification; it must
declare an aim or purpose that is not anticonstitutional or
contrary to law; and it must describe its organizational
structure and account for all public and private funds it
receives.  The Ministry of Justice denied certification to the
Democratic Party of the Right and the Social Justice Party in
1994, claiming that their positions on the complete return of
property to former landowners was anticonstitutional.  In both
cases, the Constitutional Court reversed the Justice Ministry's
decision and permitted certification of those parties.
     c.  Freedom of Religion
Freedom of religion has been established both in theory and
practice.
The majority of Albanians are secular in orientation, after 40
years of rigidly enforced atheism.  The largest religious group
are Muslims, who follow a moderate form of Sunni Islam.  The
Roman Catholic and Albanian Autocephalous Orthodox Churches are
the other large denominations.  The Albanian Orthodox split
from the Greek Orthodox earlier in the century.  Priests from
Greece augment the indigenous clergy of the Albanian Orthodox
Church to serve Greek-speaking congregations, primarily in
southern Albania.  A seminary training priests for the Albanian
Orthodox Church graduated 30 new priests in 1994.  Foreign
clergy, including Muslim clerics and Christian missionaries,
freely carry out religious activities.
A Secretariat of Religions within the Ministry of Culture
oversees the activities of the religious communities.  Some
questions concerning property confiscated by the Communist
regime from religious organizations have yet to be resolved.
Most religious buildings and many religious objects have been
restored to the religious communities which formerly owned
them.  In some instances, however, the full restitution of real
property would displace thousands of residents from their
present-day homes located on lands formerly belonging to
religious organizations.  Pending legislation on religious
property, the Government treats all religious communities the
same as other former owners of large properties, who, according
to the 1991 law on property, are not guaranteed full
restitution of lands.  In addition, a number of religious
objects and icons have not been returned to religious
communities, especially the Albanian Orthodox Church, and
remain in state hands.  The Government indicated its
willingness to return these objects once the religious
communities can assure their security as cultural objects of
value to the entire nation.  The Albanian Orthodox Church
claimed that it already had the means to protect these objects
better than the Government and continued to demand their return.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no longer any restrictions on freedom of movement
within the country.  Albanian-born citizens of all foreign
countries are eligible to apply for dual citizenship.
Since the downfall of the Communist regime, hundreds of
thousands of economic migrants have left Albania.  Albanians
who fled the country during the Communist dictatorship have
been welcomed back, and their citizenship has been restored.
There was no significant influx of refugees in 1994.  A small
number of ethnic Albanians from Kosovo, Serbia, fled to Albania
to avoid the draft.
ALBANIA2
0TITLE:  ALBANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Law on Major Constitutional Provisions states that citizens
have the right to change their government "by free, general,
equal, direct, and secret ballot."  International observers
judged the national elections in March 1992 to have been free
and fair.  The next elections are not required before 1996.
Independent observers of local elections in June in several
towns noted some irregularities in the composition of election
committees and the registration of voters.  They also cited
several examples of improper behavior at polling places by
ruling and opposition party members but did not call the
election results into question.
The 1992 Law on Political Parties bars the formation of parties
on an ethnic or religious basis.  The Unity for Human Rights
Party, founded by ethnic Greeks, won a majority of elected
positions in parts of three southern Albanian districts
(Saranda, Gjirokaster, and Delvina).  There are six ethnic
Greek members of Parliament, two of whom represent the Unity
for Human Rights Party.
There are no legal impediments to the participation of women in
politics or government, although to date few women have
competed for elective office, and only eight women serve in
Parliament, reflecting the traditional male-dominated society.
In the Government, 2 Deputy Ministers and 7 of the 140 members
of Parliament are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Albanian Helsinki Committee (AHC), the major human rights
watchdog organization, took an active role in defending human
rights in certain areas, particularly the rehabilitation of
former political prisoners, support for freedom of the press,
and protests against police abuses.  It was criticized,
however, by the International Helsinki Federation and
individual Helsinki representatives from other countries for a
lack of aggressiveness and perceived close association with the
ruling Democratic Party.  In October the AHC replaced key
officers in scheduled elections.  In response to a specific
criticism, it began investigating the human rights situation of
the ethnic Greek minority in Albania.  In 1994, it also
addressed the issues of former Sigurimi (secret police) files,
judicial protection for citizens, and prison conditions.  The
AHC's work was impeded by a lack of basic equipment, including
computers, copiers, and especially, usable vehicles.  An
independent Albanian group, Society for Democratic Culture,
monitored local elections and the constitutional referendum and
continued its efforts in civic education and women's issues.
Delegations from the International Helsinki Commission, the
Council of Europe, and the Office of the High Commissioner for
National Minorities of the Conference on Security and
Cooperation in Europe (CSCE) made several visits to Albania in
1994, during which they conferred with political officials and
representatives of the ethnic Greek minority and visited
prisons, hospitals, and other state facilities.  The High
Commissioner was permitted unmonitored access to five ethnic
Greek members of Omonia in prison prior to their trial on
treason and weapons charges.  Observers from several human
rights organizations were permitted to monitor that trial in
August and September.  The Government did not penalize or
repress human rights observers or their contacts for their work
in Albania.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Law on Major Constitutional Provisions does not address
women's rights.  Women are not restricted, either by law or
practice, from any occupations but do not typically rise to the
top of their fields.  While no data are available on whether
women receive equal pay for equal work, public sector wage
scales are based on rank and duties, not sex.  Women's groups
did not complain of wage discrimination in the large public
sector.  According to government statistics, 21 percent of
judges and 22 percent of medical personnel in Albania are
women.  Although women have equal access to higher education,
they are not accorded full, equal opportunity and treatment
with men in their careers, due to the persistence of
traditional male-dominated values.
Domestic violence undoubtedly exists, but no statistics are
kept.  Women's organizations believe that domestic violence
against women is common, particularly in poor, rural families
and in poorly educated urban families.  Police are seldom
called to intervene in cases of family abuse, and women almost
never bring charges against spouses.  The major political
parties have women's organizations.  Two independent women's
rights organizations operate freely and are dedicated to
educating Albanian women about their rights, providing
counseling services, and monitoring draft legislation.
     Children
The Government's commitment to children's rights and welfare is
based on domestic law and international agreements.
Governmental and nongovernmental organizations have not
identified child abuse as a problem.
     National/Racial/Ethnic Minorities
While no recent official statistics exist regarding the size of
various ethnic communities in Albania, ethnic Greeks are the
most organized and receive the most attention and assistance
from abroad.  The size of the ethnic Greek minority is in
dispute; some estimate that there around 80,000 ethnic Greeks
residing in Albania, out of a total population of about 3.4
million.  Vlach (Romanian-speaking) leaders claim their
community numbers close to 300,000, although this is unlikely.
Small ethnic Macedonian villages exist in the northeast part of
the country.  The number of Roma in Albania is estimated at
around 100,000.
The CSCE High Commissioner for National Minorities visited
Albania four times in 1994, traveling to the areas of greatest
ethnic Greek minority concentration three times.  In response
to his 1993 recommendation, the Government in January created a
special Office for Minority Affairs in the Office of the Prime
Minister.  The Special Advisor for Minority Affairs coordinated
legislation affecting minorities, including a new directive on
education published in August.
Greek-language education remained the single most important
concern of the ethnic Greek minority.  In the summer of 1994,
the Government published a new directive that mother-tongue
education be integrated in bilingual schools in areas where a
significant percentage of the population belongs to a
minority.  It also calls for supplementary instruction in the
mother tongue in other areas where a smaller number of minority
students are found.  Parents may request establishment of new
classes taught in the mother tongue, but the Ministry of
Education must give its approval.
Forty-six primary schools and the same number of 8-year schools
in the districts of Gjirokaster, Delvina, and Saranda provide
bilingual education to approximately 4,500 ethnic Greek
students.  In addition, bilingual education is provided to
approximately 500 students in ethnic Macedonian villages.  A
Greek-language high school operates in Gjirokaster, and the
Eqerem Cabej University of Gjirokaster has had a department of
Greek studies since 1993, with a total of 30 available places
in 1994.  The curriculum in Greek-language classes is the
Albanian state program translated into Greek, taught by ethnic
Greek instructors, and using Albanian textbooks translated into
Greek and published in Greece.
Roma were subject to particularly harsh official persecution
during the Communist dictatorship.  Their leaders state that
the situation of the community greatly improved with the advent
of democratic government.  They had no complaints of either
official or societal discrimination.  The community publishes a
monthly newspaper in both the Albanian and Roma languages.  No
specific violence is known to have been directed against them
in 1994.
(###)
     People with Disabilities
Widespread poverty and the poor quality of medical care account
for a high number of disabled persons.  Disabled persons are
eligible for various forms of public assistance, but budgetary
constraints limit the amount of assistance.  The public care
section of the Ministry of Labor and Social Welfare,
established in 1993, has set up a network of social service
administrators throughout the country with a goal to improve
the quality of services to disabled persons and promote social
integration rather than institutionalization.  There is no law
mandating accessibility to public buildings.
Section 6  Worker Rights
     a.  The Right of Association
Workers obtained the right to create independent trade unions
in 1991.  The Independent Confederation of Trade Unions of
Albania (BSPSH) acts as the umbrella organization for a number
of smaller unions.  A separate, rival federation continued to
operate in close cooperation with the Socialist Party.  There
are also some independent unions not affiliated with either
federation.  The private sector employs more than 650,000
Albanians, mostly in agriculture, small shops, enterprises, and
restaurants, but very few have formed unions to represent
themselves.
According to the Law on Major Constitutional Provisions, all
workers, with the exception of uniformed military, police, and
some court employees, have the right to strike.  The law
forbids strikes that are openly declared to be political, or so
judged by the courts.  Several local strikes took place in
1994.  All were deemed legal, and none resulted in violence or
police action.
Labor federations are free to maintain ties with international
organizations.
     b.  The Right to Organize and Bargain Collectively
Citizens in all fields of employment, except uniformed members
of the armed forces, police officers, and some court employees,
have the right to organize and bargain collectively.  In
practice, unions negotiate directly with the Government, since
little privatization has occurred outside of the retail and
agricultural sectors.
Wages for all state employees are defined by the wage pyramid,
legislated in 1992, which comprises 22 wage levels organized by
trade.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Law on Major Constitutional Provisions prohibits forced
labor, and there were no cases of forced labor reported.
     d.  Minimum Age for Employment of Children
The Law on Major Constitutional Provisions sets the minimum age
for employment at 14 years, and persons between the ages of 14
and 16 may work only 5 hours per day.  Working conditions for
those over 16 are not currently legislated but are covered in
the draft labor code.  The Ministry of Labor, Social Welfare,
and Formerly Persecuted Persons enforces the minimum age
requirement through the courts.  In rural areas, children
continue to be called on to assist families with farm work.
     e.  Acceptable Conditions of Work
The minimum wage for all workers over age 16 is approximately
$27 (2,400 lek) per month, which is not sufficient to sustain a
family with one or more children.  Most workers must find
second part-time jobs to supplement their incomes.  Current law
guarantees social assistance (income support) and unemployment
compensation.  The average monthly wage for Albanian workers in
the public sector is about $50 (4,500 lek).  No data are
available for private sector wages, but the average wage is
thought to be higher in the private sector than in the public
sector.
The workweek in state-owned enterprises is 40 hours.  Other
workers are limited by law to a 40- to 48-hour workweek, and
the Council of Ministers must approve exceptions.  The Ministry
of Labor enforces this law.
The Government sets occupational health and safety standards
but has no funds to make improvements in state-owned industries.
In those enterprises which are functioning, health and safety
conditions are generally very poor.
ALGERIA1
pTITLE:  ALGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ALGERIA
The 1989 Constitution was to have provided for Algeria's
transition from a one-party Socialist state to a multiparty
parliamentary system.  However, political power remains in the
hands of the military leadership and officials of the former
ruling party.  The experiment in democratization came to a halt
in 1992 when the regime canceled the second round of
legislative elections, which the Islamic Salvation Front (FIS),
a party which seeks to transform Algeria into an Islamic state,
was poised to win.  Subsequently, the regime imposed a state of
emergency, banned the FIS as a legal organization, jailed most
of its leaders, and created a five-man High State Committee to
serve as Algeria's collective presidency.
In January 1994, the regime replaced the High State Committee
with a former general, Liamine Zeroual, who assumed the
presidency of a "transitional" government.  President Zeroual,
asserting that the country's crisis should be resolved through
dialog, made some attempts to consult with legal political
parties and opened informal contacts with imprisoned FIS
leaders.  However, the FIS and other major parties dismissed
his overtures as disingenuous and demanded that the Government
undertake certain actions, such as releasing FIS leaders,
lifting the state of emergency, and giving the political
parties a role in the transitional period leading to new
elections.  In a speech on November 1, Zeroual declared that
dialog had failed and announced his intention to hold
presidential elections in 1995.  Also in November, the major
opposition parties met in Rome to develop a common platform for
renewed negotiations with the Government, which strongly
protested that meeting.
Armed Islamist groups steadily intensified their campaign to
overthrow the Government.  Guerrillas mounted daily attacks on
security personnel and established strongholds in certain
Algiers neighborhoods and other parts of the country.  Militant
Islamist groups with more radical agendas than the FIS have
steadily become more active in the insurgency.  A climate of
fear and intimidation deepened as extremists assassinated
dozens of political figures, journalists, academics, and
thousands of other civilians, as well as over 78 foreigners.
Reprisals by the regime's forces have grown bloodier.  The
Government estimated that 10,000 people had been killed by the
end of 1993.  The figure for 1994 has not been officially
released but most sources estimate that it will be twice as
high.
The State's security apparatus includes the police, the
gendarmerie, and the army, all of which are involved in efforts
to repress the Islamist insurgency and combat terrorism.  They
were responsible for numerous human rights abuses.
Civil strife has devastated the economy, aggravating the
longstanding problems of unemployment, inflation, housing
shortages, scarcity of foreign exchange, and the legacy of
years of inefficient state planning.  Economic pressures and an
inability to make service payments on its foreign debt prompted
the Government in April to sign an agreement with the
International Monetary Fund and to begin implementing market
reforms.  Nonetheless, conditions for ordinary Algerians only
worsened in 1994.
Respect for human rights and the rule of law continued to
deteriorate in an increasingly tense environment.  Abuses by
all sides multiplied.  Using emergency law powers, the
Government continued to detain, in many cases without due
process, hundreds of people suspected of Islamist activities or
sympathies.  Special antiterrorist courts, created under the
state of emergency, handed down death sentences in trials which
were unfair according to international standards.  There is
convincing evidence that the security forces carried out
hundreds of extrajudicial killings, mostly in retaliation for
previous attacks by armed groups, and often tortured and
otherwise abused detainees.  The Government continued to
restrict the freedoms of assembly, religion, and the press and
to discriminate against women.  Domestic violence against women
remains a serious problem.
Armed groups, many of which claim to have Islamist objectives,
also committed escalating abuses and atrocities.  Terrorists,
often disguised in uniforms of the security forces, killed
hundreds of civilians.  Some armed groups carried out a
campaign of violent intimidation aimed at closing down schools
and other public institutions.  As law and order broke down,
anti-Islamist vigilante groups engaged in reprisal killings of
Islamists and their sympathizers.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There is credible evidence that security forces committed
politically motivated extrajucial killings.  Despite President
Zeroual's assurances to the contrary, there was no evidence
that the authorities investigated such killings.  The National
Observatory for Human Rights (ONDH), a government body,
maintained that it provided the Ministry of Justice with
information on 12 cases of suspected extrajudicial killings.
In September a group of Islamists sent an open letter to
President Zeroual citing 36 cases of summary executions in 1994.
The Government maintains that the security forces resort to
lethal force only in the context of armed clashes with
terrorists.  Nonetheless, security forces are believed to have
carried out hundreds of extrajudicial killings, mostly in
retaliation for previous attacks by armed groups.  Many victims
were reportedly killed by security forces wearing civilian
clothes or covering their heads with hoods.  The security
forces reportedly killed victims during curfew hours, at or
near the victims' homes, or in the presence of the victims'
family and friends.  The bodies of some victims were reportedly
discovered clothed in pajamas, indicating that they had been
killed after they were taken from their homes.  Security forces
allegedly killed other persons after they were taken into
police custody.
Security forces were implicated in the deaths of nine students
and their teacher from the El Oued area--Dahab Omar, Derouiche
Abdel Bassat, Rahal Abderrazak, Mahadda Salah, Aouniet
Abdelkader, Djerad Abdelkader, Arhouma Saad, Maatallah
Abdelbaki, Nazli Abdelkamel, and Kouider Messaoud, who were
arrested on March 12.  The police maintained that the men were
arrested to verify their military service status.  On April 13,
the police informed a relative of one detainee that the 10 men
had been released on April 8, but that they were immediately
killed by unknown "terrorists" after release.  The Government
has not provided an adequate explanation of the deaths.
On March 19, the body of Kouider Melal was found in the street
near his home in El Ataf, Ouedfoda, alongside the bodies of
three men from the same district.  Melal had been previously
seen in police custody 2 weeks before his death.
In addition to reports of extrajudicial killings outside
detention facilities, Islamists and human rights activists
accused the security forces of causing the unlawful deaths of
many detainees who succumbed to torture while in custody.
Armed groups, most notably the Armed Islamic Group (GIA),
killed hundreds of persons, including members of the security
forces and ordinary citizens.  Terrorists attacked civilians
whom they regarded as instruments of the State or whose
lifestyles they considered in conflict with Islamic values.
Victims included politicians, teachers, tax collectors,
hairdressers and beauticians, entertainers, veterans of the war
of independence, government-appointed Islamic preachers,
lawyers and magistrates who work with the Special Courts, women
who refused to veil themselves, industrialists, journalists and
intellectuals, and foreigners.  Many victims had their throats
cut or their bodies were mutilated after death.  Often the
victims' severed heads would be discovered in one location and
the bodies in another.  According to a February press account,
suspected terrorists kidnapped and killed a 14-year-old boy
from Medea, purportedly because he had befriended several
police officers.  His body was found hanging from a street
sign.  His head was found in a nearby town.
Armed groups killed at least 18 Algerian journalists and 10
lawyers.  On November 30, gunmen forced two reporters from
their homes and shot and decapitated them.  One of the victims
worked for the state television company, the other for a
state-owned newspaper.  Throughout the year, the GIA issued
death threats to journalists, foreigners, and others.  Many
journalists fled abroad because of threats to their lives.  In
October independent newspapers suspended publication for 3 days
to protest the killings of journalists.
Armed groups killed the national secretary for the country's
major labor union, the Union Generale des Travailleurs
Algeriens (UGTA); the president and vice president of Islah Wa
El-Irchad, the largest private charitable organization; the
rector of the Houari Boumediene University of Science and
Technology; the president of the Algerian League for Human
Rights; the chaiman of the Agronomy Institute at the University
of Blida; a professor of economics at the University of Oran;
the director of the School of Fine Arts in Algeria; a famous
playwright/actor; the director of the National Institute of
Islamic Studies in Batna; a popular singer; a leading sports
personality; and the husband of the Government's former
spokeswoman.
In October 1993, the GIA announced that foreign residents
should depart Algeria or face death.  Since then, terrorist
groups have killed at least 90 foreigners, including more than
78 in 1994.  Foreign victims included members of the clergy,
businesspeople, diplomats, and longtime residents of Algeria.
Victims were citizens of a number of European and other foreign
countries, although French citizens were the primary targets.
In addition to targeted killings, terrorist groups also
resorted to indiscriminate violence.  In June two grenades were
thrown at demonstrators at an Algiers march organized by the
Movement for Berber Culture, an anti-Islamist group.  The
grenades and the return fire from the police wounded 64
persons; 2 died later.  Armed Islamist groups used car bombs on
numerous occasions, killing many passersby.  In July, five
French Embassy personnel were killed by terrorists attempting
to place a car bomb inside an Embassy residential compound.
Armed anti-Islamist groups, such as the Organization of Young
Free Algerians (OJAL)---widely suspected as a front for
elements of the regime's security forces---carried out
reprisals against terrorist groups.  Such groups are reportedly
active in the Berber region of Kabylie.  In March
anti-Islamists likely killed two veiled high school students at
a bus stop in an Algiers suburb.  The killings may have been in
reprisal for the killing a month earlier of a 17-year-old high
school girl who declined to wear a head scarf.  In April the
OJAL issued a threat to kill 20 women wearing a head scarf or
20 bearded men for every woman killed by Islamic terrorists for
not wearing a head scarf.
There were many reports of reprisals by vigilante groups for
the deaths of military personnel.  Vigilantes may have killed 9
persons whose bodies were found on a street near an Algiers
bread shop on April 12.  The killings may have been committed
in revenge for the murder a day earlier of an army colonel near
the same bread shop.  In September an anti-Islamist group
killed as many as 90 people in Annaba, apparently in
retaliation for the earlier terrorist murder of a gendarmerie
captain and his daughter.  The Government has failed to condemn
the violence by anti-Islamist groups.
     b.  Disappearance
The ONDH claimed it had documented 116 cases of disappearances
believed to have been caused by security force personnel.  Each
of these cases was submitted to the Ministry of Justice or the
Ministry of Interior.  In some cases, the Government responded
to the ONDH queries but did not respond in others.
Armed Islamic groups also kidnaped civilians.  Sometimes the
bodies were found later, but often the victims disappeared and
their families have no information on their whereabouts.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Knowledgeable sources, including Amnesty International (AI) and
all three major Algerian human rights organizations---ONDH,
LADH, and LADDH---reported that the security forces frequently
used torture on detainees, especially suspected Islamists, to
extract confessions or to obtain knowledge about the activities
of terrorist groups.  The Government denies that torture is a
matter of policy or accepted practice, but it states that
"excesses" may be committed by individual security officials.
The Government has failed to condemn publicly the use of
torture or to investigate allegations seriously.  This creates
a climate of impunity which encourages the continued use of
torture.
The ONDH maintains that some alleged torture victims decline to
press charges for fear of reprisal by the security forces.
ONDH claimed that it submitted several torture cases to the
Ministry of Justice but did not receive any indication that the
allegations were investigated.  In a statement published in the
London newspaper Al-Hayat on September 28, the FIS cited three
alleged cases of torture by policy.  It reported a claim by
Professor M. Moulay, who had headed a FIS delegation which
negotiated with the army early in the crisis, of having been
tortured in the Chatou Neuf police center during a 30-day
detention.  It stated that the Algiers police tortured Dr.
Lamdjadani, a Health Ministry official, during a 60-day
detention.  Lastly, it cited the death in custody of Professor
Bouchlagum, whose family had been informed that he was
transferred to the Chatou Neuf station but then discovered that
his body was in a morgue in Algiers.
A commonly reported torture method is the use of the "chiffon,"
a cloth stuffed into the victims mouth and saturated with dirty
water.  Other torture techniques reportedly include electric
shocks, beatings, the pulling out fingernails, burning with
cigarettes or a blowtorch, and the insertion of objects into
the anus.
The Government does not permit independent monitoring of
prisons or detention centers by such humanitarian organizations
as the International Committee of the Red Cross (ICRC),
although it did allow representatives of AI to visit the
country in 1994.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention.  It
stipulates that incommunicado detention in criminal cases prior
to arraignment may not exceed 48 hours, after which the suspect
must be charged or released.  However, under the state of
emergency, the security forces have arrested and detained
thousands of persons.  According to the Antiterrorist Decree of
1992, the police may not hold a detainee in prearraignment
detention for more than 12 days and detainees must be informed
of charges against them.  In practice, the security forces
routinely exceed the lawful detention limit.
When making arrests, the security forces do not obtain warrants
and allegedly often refuse to identify themselves or to provide
detainees' relatives and lawyers with information about their
whereabouts or well-being.
In September security forces arrested Farid Khellil, the son of
a defense lawyer, for subversive activities.  The Bar
Association accused the Government of holding the son as a
hostage to intimidate his father.  The police granted a
provisional release to Khellil after 6 weeks without charging
him with any specific wrongdoing.
Under the state of emergency, the Minister of Interior is
authorized to detain suspects in special camps administered by
the army.  The Government stated that it intends to close these
camps.  By year's end, some 350 to 600 detainees were held
without charge at a camp in Ain M'guel.
Exile is not a legal form of punishment and is not known to be
practiced.
     e.  Denial of Fair Public Trial
The judiciary is composed of the civil courts, which try
misdemeanors and felonies; the military courts, which in the
past had tried civilians for terrorism offenses; and three
Special Courts established in 1992 to try terrorism cases.  The
President appoints civilian judges on recommendations from the
Higher Magistrate's Council, composed of the President, the
Minister of Justice, and various members of the judiciary.
Defendants are granted due process in the civilian courts.
They have the right to legal counsel, are entitled to be
advised of the charges against them, have the right to confront
their accusers, may appeal the verdict, and trials are public.
Islamic Shari'a law provides much of the basis for civil court
rulings in social matters involving family and personal
status.  The law requires that the Government provide lawyers
for the indigent.
Under the state of emergency, military courts are authorized to
try civilian defendants accused of terrorism.  Although there
were no known military trials of civilians during the year,
such trials took place in 1993.
The 1992 Antiterrorist Decree established three Special Courts,
each composed of three civilian judges, to try persons accused
of terrorist offenses.  Since February 1993, these courts have
tried more than 10,000 persons, of whom 1,100 were sentenced to
death, 6,500 imprisoned, and 2,500 acquitted.  Executions were
suspended in 1993, although 26 persons condemned by the Special
Courts were executed before the suspension order.
Defendants in the Special Courts do not receive due process.
The charge of terrorism is defined so vaguely that it often
includes the non-violent exercise of speech.  The judges do not
reveal their identities nor exercise independence from
executive authority.  They often restrict the number of
observers at the trials and fail to order investigations of
torture, even after defendants have appeared in court with
marks and bruises.  Judges allow the introduction of
confessions allegedly extracted by torture and may suspend
defense lawyers who use "obstructive methods" for 1 year.
Defense lawyers must receive authorization to represent their
clients in the Special Courts.  State prosecutors have
arbitrarily transferred to the Special Courts cases already
assigned to the regular courts.  Although defendants may appeal
verdicts handed down by the Special Courts, the Supreme Court
has rejected most appeals without consideration and has not
overturned any death sentence.
The Government announced in December that , as part of its
review of the Penal Code, it was considering closing the
Special Courts and tranferring jurisdiction for cases involving
acts of terrorism to the regular court system.
Between 350 and 600 detainees at the Ain M'guel detention camp
may be considered political prisoners.  Most were arrested in
1992 for alleged "subversive" activities.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although the Constitution provides for the inviolability of the
home, the state of emergency authorizes regional governors to
issue exceptional search warrants at any time.  Security forces
often enter residences illegally.  The Government fails to
ensure that the police adhere to lawful procedures for entering
houses or monitoring correspondence.  In addition, there were
increasingly frequent incidents of entry into private homes by
armed opposition elements, either to kidnap residents or to
steal weapons or valuables.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The state of emergency and the Antiterrorist Decree of December
1992 gave the regime broad authority to restrict this freedom
and to take legal action against anyone whose speech is
considered a threat to the State or public order.  Fear of
arrest deters many journalists from reporting on internal
security developments or the Islamist movement.  In June an
interministerial directive required newspapers to submit for
review all news reports on the internal security situation.
The editor of El Moudjahid El Ousboui, an Arabic-language
weekly, was arrested and detained for 1 week in October for
publishing an article "Breaching National Security."
Shortly after the Minister of Communications warned editors in
November to respect "professional ethics," the regime suspended
several newspapers.  Editors were not given specific reasons
for the closures, beyond vague accusations of undermining
public order or publishing subversive information.  The FLN
newspaper El Hiwar was suspended for 6 months, the
French-language El Oumma and the Arabic weekly El Wadj El Akhar
for a month, and El Watan for 2 weeks.  The Government
suspended Le Libre indefinitely and placed the editor and two
staff members under judicial control.  On December 18, the
regime shut down L'Opinion for 40 days for publishing a draft
electoral law.
The Government further controls the press through its effective
monopoly on newsprint, printing presses, and the distribution
network.  Several newspapers ceased appearing for financial
reasons, which they blamed on the government monopolies.
The Government continues to curtail the public expression of
views supportive of the FIS.  Two FIS publications banned in
1992 remain suspended.  However, communiques and bulletins from
various Islamist organizations, such as the GIA or AIS (Islamic
Salvation Army), circulated clandestinely, and some mosques
periodically transmitted pro-FIS messages.  The Algerian press
reported FIS-related news only after the Government releases
news items (as in a series of letters from FIS leaders to the
regime); when the news protrayed the authorities gaining the
upper hand (as in the deaths of GIA leaders); or, in selected
cases, when the news had already appeared in print abroad.
The press continued to report opinions contrary to those of the
Government, including criticism of the Government's political,
economic, and social policies.  Commentary on the institution
of the military was usually self-censored, but at least one
leading French language newspaper carried several strongly
worded editorials without reprisal.
Radio and television remained under government control, with
coverage biased in favor of the government's policies.  During
attempts at a political dialogue in the fall, the legal
opposition political parties were invited to present their
views on television.  Many expressed harsh criticism of the
Government.  Because of the widespread accessibility of
satellite dish antennas, millions of citizens have access to
European broadcasts.
A brutal terrorist campaign against journalists and academics
seriously constrained freedom of speech and press.  Assailants
murdered 18 journalists in 1994.  In January the GIA issued a
specific threat against all journalists and in August stated
that it had a list of journalists to kill.  Newspapers
estimated that 200 journalists had relocated abroad.  Terrorism
targeting intellectuals and university educators prompted many
to flee to neighboring countries.  Gunman killed the rector of
the Houari Boumediene University of Science and Technology on
May 31, the Director of the Institute of Agronomy at the
University of Blida on August 6, and a Professor of Economics
at the University of Oran on September 26.  As a consequence,
few academic seminars and colloquia took place in 1994.
Terrorists also targeted primary and secondary schools.  The
Minister of Education stated that 610 schools had been burned
between June and October.
     b.  Freedom of Peaceful Assembly and Association
Using emergency laws, the Government sharply curtails freedom
of assembly, although the 1989 Constitution provides for the
rights of assembly and association.   Citizens and
organizations must obtain a permit from the local governor's
office before staging demonstrations.  Such permits are
generally granted, after referral to the Ministry of Interior,
for demonstrations against Islamist terrorism or in favor of
the Government.  The regime does not require legal opposition
parties to obtain permits to hold internal meetings.
The regime allowed Berber organizations to hold demonstrations
as long as they took place in the Berber Kabylie region.
However, it denied permission for 2 rallies sponsored by the
The Berber Rights Movement (MCB) in the Algiers area.
Nevertheless, the MCB demonstrated repeatedly in Kabylie for
the teaching of the Berber language in the primary and
secondary schools.
The Ministry of Interior must approve all nongovernmental
associations.  The Government regards all associations as
illegal unless they are licensed.  It may deny a license to or
disolve any group regarded as a threat to the existing
political order.  In 1992 the regime dissolved the Islamic
Salvation Front (FIS) as a political party as well as Islamic
social and charitable groups associated with the FIS.
Membership in the FIS is illegal.  However, the Government
itself has continued to meet periodically with detained FIS
leaders Abbasi Medani and Ali Belhadj.
According to a 1989 law, all citizens may join political
organizations, except judges, army and security service
personnel, and members of the Constitutional Council.  Most
political groups, except the FIS which was banned in March
1992, operate openly.  There were over 55 parties, including
some centrist Islamic parties such as Hamas, active in 1994.
Other associations include specialized groups such as human
rights and womens' rights groups, social welfare groups, and
regionally based cultural organizations.
     c.  Freedom of Religion
The Constitution declares Islam as the state religion but
prohibits discrimination based on religious belief.  The
Government permits the small Christian and Jewish populations
(numbering approximately 1,000 and 200, respectively) to
practice their faiths without interference.
However, communiques signed by the Armed Islamic Group declared
that the intention to eliminate "Jews, Christians, and
polytheists from Islam's land in Algeria."  The Christian
community, composed mostly of foreigners, curtailed its
activities and evacuated some church workers because of death
threats from terrorists (see Section 1.a.).  Conversions from
Islam to Christianity are rare.  Because of legal problems and
social stigma, Muslim converts to Christianity practice their
new faith clandestinely.
The Ministry of Religious Affairs appoints Islamic preachers in
both state and private mosques.  The Ministry of Religious
Affairs proposes themes for and monitors sermons.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law provides for freedom of domestic and foreign travel and
freedom to emigrate.  The Government generally respects these
provisions, although it imposes some restrictions on men of
military age.  Under the state of emergency, the Minister of
Interior and the provincial governors may deny residency in
certain districts to persons regarded as threats to public
order.  A curfew originally imposed in 1992 prohibits people
from traveling in Algiers and the surrounding provinces between
11:30 p.m. and 4 a.m.  Police checkpoints in the cities and
countryside routinely stop vehicles to inspect identification
papers and search for evidence of terrorist activity.
The Constitution provides for the right of political asylum,
and the Government has granted asylum in a few cases.  The
United Nations High Commissioner for Refugees (UNHCR) estimates
that approximately 165,000 Sahrawis, or natives of the Sahara
desert, live in camps in southwestern Algeria.  The Government
granted permission to the ICRC to visit camps holding Saharawi
refugees and Moroccan prisoners of war.  (See the report on
human rights in Western Sahara for fuller treatment of these
issues.)  The Government tolerates and provides basic support
for an estimated 50,000 displaced Tuaregs from Mali and Niger
in settlements in southern Algeria.
ALGERIA2
,TITLE:  ALGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Government's cancellation of electoral process in 1992
effectively denied citizens the right to change their
government.  Power remains in the hands of the military
leadership and former ruling party officials.  Despite
President Zeroual's halting attempts to consult with legal
political parties and informal contacts with imprisoned FIS
leaders, there is no democratic process.  In a national speech
on November 1, Zeroual declared that the political dialog had
failed and announced his intention to hold presidential
elections in 1995 regardless.  The FIS as well as the other
major opposition parties dismissed this promise of elections.
Few women are active in government, a reflection of strong
social pressures against women participating in politics.   One
woman served in the Cabinet until her resignation in October,
one woman served as governor of the province of Annaba, and
fewer than 1 percent of the candidates for Assembly seats in
the 1991 election were women.  The Berbers, an important
indigenous minority group, participate freely and actively in
the political process.  Berbers hold influential positions in
the Government and the army.
The Tuaregs, a people of Berber origin, do not play as
important a role in the national political process, due in
large part to their small numbers, estimated in the tens of
thousands, and their nomadic existence.  Systemic or
government-sanctioned barriers to political participation,
however, do not exist against any minority group.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Two human rights groups are active:  the Algerian League for
the Defense of Human Rights (LADDH) and the Algerian League of
Human Rights (LADH).  Terrorists assassinated the head of LADH
on June 18 near his office in downtown Algiers (see
Section 1.a.).
A governmental body, the National Observatory of Human Rights
(ONDH), established in 1992, is charged with reporting human
rights developments to the President.  In 1994 the ONDH
submitted its first annual report to the Government and to
international human rights groups, but the Government did not
make it public.  In December the head of the LADDH gave a
presentation on human rights abuses at an internationally
publicized meeting of Algerian political parties in Rome.
Two representatives from Amnesty International (AI) visited
Algeria in August.  Security elements guarded them closely,
ostensibly for their own protection.  Government
representatives accused AI of having preconceived ideas and
lacking evidence to support allegations of official abuses of
human rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Although the Constitution prohibits discrimination based on
birth, race, sex, belief, or any other personal or social
condition.  However, women continue to face legal and social
discrimination.
     Women
Some aspects of the law and many traditional practices
discriminate against women.  The Family Code, based on Islamic
law, or Shari'a, regards women as minors under the legal
guardianship of a husband or father.  Women do not have full
legal responsibility for their children because the father must
sign all formal documents.  A woman's testimony in a court of
law does not equal a man's.  Women are nonetheless allowed to
work, own businesses, and enter into contracts.  The Code
confirms the Islamic practice allowing a man to marry four
wives---a rare occurrence.  However, a wife may sue for divorce
if her husband does not inform her of his intent to marry
another wife.
Under the Code, women need their husband's or father's
permission to obtain a passport or travel abroad.  Only males
are able to confer citizenship on their children.  The Code
prohibits Muslim women from marrying non-Muslims, although men
are legally free to marry non-Muslims.  In cases of divorce,
the Code awards guardianship of the children to the father,
even though the mother is usually expected to care for them
until a son is 13 and a daughter is married.
Women constitute about 10 percent of the work force and pursue
opportunities in government, medicine, law, education, the
media, and even in the armed forces.  Nonetheless, social
pressure against women pursuing a career is strong.  In 1994
Islamists increased their pressure on women to adopt Islamic
fundamentalist views and norms.  In March terrorist groups
posted notices threatening to kill any woman who does not cover
her head with a scarf.  In one case, terrorists killed a
17-year-old woman, reportedly because she declined to adopt
Islamic dress (see Section 1.a.).  Also in March, suspected
terrorists killed a woman in Saoula, reportedly because she
refused to give up her job outside the home.
Women's rights advocates assert that spousal violence is
common, although there are no reliable studies on the problem.
Nonetheless, the central hospital in Algiers reported that in
1991 and 1992, it treated more than 4,600 cases of abused
women.  Battered women may file criminal charges or sue for
divorce, but women's rights advocates maintain that legal
actions are rare because the courts are generally lenient with
abusive husbands.
     Children
The Government is committed in principle to protecting
children's human rights.  Nonetheless, legal experts maintain
that the Penal and Family Codes do not offer sufficient
protection for children.  Many hospitals treat dozens of cases
of child abuse every year, but many cases are unreported.  Laws
against child abuse have not led to notable prosecutions
against offenders.
     National/Racial/Ethnic Minorities
The Berbers were the original inhabitants of Algeria, and many
citizens claim to be of mixed Berber and Arab ancestry.  The
Berbers have sought to maintain their own cultural identity and
language in the face of the Government's emphasis on the
development of an Arab identity.  Amazight, a Berber language,
is taught at Tizi Ouzou University, but the Government does not
permit its instruction in the primary and secondary schools.
In September and October, Berbers in the Kabylie area shut down
the public school system.  The strike continued through the end
of December.  In response, the Government has established a
committee to consider the issue.
     People with Disabilities
The Government does not mandate accessibility to buildings or
government services for people with disabilities.  In 1994 the
Government established a monthly stipend, albeit meager, for
people with disabilities.  The ONDH is charged with developing
programs to provide unspecified "help" for people with
disabilities, but the project has not been given a high
priority.  The Government also provides limited financial
support to several nongovernmental organizations that assist
people with diabilities.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right to establish trade unions of their
choice.  About two-thirds of the labor force belong to unions.
Workers are not required to obtain government approval to
establish a union.  Nonetheless, the Government limits some
union activities.  For example, the Government dissolved the
SIT, an Islamist union which was affiliated with the banned
FIS.  The law prohibits unions from associating with political
parties, although some unions, such as the General Union of
Algerian Workers (UGTA), maintain party ties.  The law also
prohibits unions from receiving funds from foreign sources.
The courts are empowered to dissolve unions that engage in
illegal activities.
Under the state of emergency, the Government is empowered to
require workers in both the public and private sectors to stay
at their jobs in the event of an unauthorized or illegal
strike.  According to the 1990 Law on Industrial Relations,
workers may strike only after 14 days of mandatory
conciliation, mediation, or arbitration.  This law states that
arbitration decisions are binding on both parties.  If no
agreement is reached in arbitration, the workers may legally
strike after they vote by secret ballot to do so.  A minimum
level of public services must be maintained during public
sector service strikes.
There were numerous local strikes, including work stoppages by
public-sector workers; most ended quickly following mediation
efforts involving government officials and labor unions.  The
Government did not invoke the state of emergency to block
strikes, nor did it prosecute workers involved in the stoppages.
Unions may form and join federations or confederations and
affiliate with international bodies.  Several unions, pursued
international contacts.  The UGTA, for example, has contacts
with French unions and the American Federation of
Labor-Congress of Industrial Organizations.
     b.  The Right to Organize and Bargain Collectively
The law provides for collective bargaining for all unions.  The
Government permits this right to be practiced.
The law prohibits discrimination by employers against union
members and organizers and provides mechanisms for resolving
trade union complaints of antiunion practices by employers.  It
further permits all unions to recruit members at the workplace.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is incompatible with the
Constitution's provisions on individual rights.  The Penal Code
prohibits compulsory labor and the Government effectively
enforces the ban.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16 years.  Inspectors from
the Ministry of Labor enforce the minimum employment age by
periodic or unannounced inspection visits to public sector
enterprises, but do not effectively enforce it in the
agricultural or private sectors.  Many children are driven by
economic necessity into informal employment, such as street
vending.
     e.  Acceptable Conditions of Work
The law defines the overall framework for acceptable conditions
of work, but leaves specific agreements on wages, hours, and
conditions of employment to the discretion of employers in
consultation with employees.  The Government fixes by decree a
guaranteed monthly minimum wage for all sectors.  After
consultations with the UGTA, the Government in 1994 raised the
minimum wage to about $100 (from 3,500 dinars to 4,000
dinars).  It met with the UGTA in October to negotiate pay
raises for 1995.  Ministry of Labor inspectors are responsible
for ensuring compliance with the minimum wage regulations,
although they enforce these provisions inconsistently.
Algeria has a 44-hour workweek and well developed occupation
and health regulations codified in a January 1991 decree.
However, government inspectors do not enforce these regulations
effectively.
ANDORRA1
"+"+TITLE:  ANDORRA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ANDORRA
Andorra became a parliamentary democracy in March 1993 when a
popular referendum approved its Constitution.  Two
Co-Princes--the President of France and the Spanish Bishop of
Seu d'Urgell (each represented in Andorra by a delegate)--serve
coequally as Heads of State, with limited powers; they have no
veto over the Government.  The Executive Council, composed of
the Head of Government (elected by the Parliament) and seven
ministers, implements the Constitution and the laws.  The
Parliament is popularly elected.  The judiciary functions
independently.
Andorra has no military forces.  The small internal police
force respects constitutional rights and individual freedoms.
The market-based economy is dependent on those of neighboring
France and Spain.  In 1994 it showed recovery from the recent
recession, with tourism becoming an increasingly important
source of revenue.  Owing to banking secrecy laws, the
financial-services sector is also growing in importance.
There were no reports of human rights abuses.  The 1993
Constitution provides for "respect and promotion of liberty,
equality, justice, tolerance, defense of human rights and
dignity of the person," and the Government respects this.  The
adoption of the Constitution led to formation of political
parties, which participated in the first democratic elections.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution guarantees all persons the "right to physical
and moral integrity" and states that no one shall be subjected
to torture or to cruel, inhuman, or degrading treatment or
punishment.  There were no reports of violations.  Penal
conditions are exemplary.  Persons convicted of crimes with a
penalty of more than one year must serve out their terms either
in France or in Spain.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or detention, and
the authorities respect this provision.  Police must obtain a
court warrant prior to making an arrest or within 48 hours of
it, and must lodge a charge within 48 hours of it.  A detainee
has the right to be informed of charges, to choose a lawyer (or
if indigent, have one provided at no cost), and to have access
to family members.  The judge may decide to grant release on
bail.  Pretrial detention is limited to 3 months.
The law does not provide for exile, and it is not practiced.
     e.  Denial of Fair Public Trial
The judiciary is independent and free of interference from the
Government.  The highest body is the five-member Superior
Council of Justice.  One member each is appointed by:  the two
Co-Princes; the Head of Government; the President of the
Parliament; and, collectively, members of the lower courts.
The Constitution provides for the presumption of innocence.
The defendant has the right to confront and present witnesses,
to avoid self-incrimination, and to appeal the verdict.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides safeguards against arbitrary
interference with "privacy, honor, and reputation," and the
authorities honor these.  No searches of any private premises
may be conducted without a juridically issued warrant.  The law
also protects private communications.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression, of
communication, and of access to information, and it expressly
prohibits censorship and any other means of ideological
control.  The Government fully respects these provisions.
There are two radio stations, one public and one private.  Two
newspapers and three magazines are published locally.
Publications from abroad enter and circulate freely.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to meet and assemble
for any lawful purpose.  The Government does not restrict this
freedom.  Organizers of a public event need no permit for it.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government does not hamper the teaching or practice of any
faith.  The Government pays Roman Catholic priests a monthly
stipend at the level of the minimum wage.  Religion is not a
required subject in the nonparochial schools, including those
sponsored by France or Spain.
     d.  Freedom of Movement Within the County, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on domestic or foreign travel, on
emigration, or on repatriation.
The Government has no formal asylum policy; it evaluates asylum
requests on a case-by-case basis.  While Andorra has a long
tradition of providing asylum to political refugees, none are
resident at present.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
All adult citizens enjoy the right to vote by secret ballot.
If the Head of Government loses a vote of confidence--as
happened in December--the Parliament chooses a replacement,
failing which, new elections are held.
The two Co-Princes are each represented by a delegate in
Andorra who holds the rank of Ambassador.
The unicameral Parliament is composed of four to six
representatives from each of the seven parishes.  Elections are
held at 4-year intervals.  Half of the 28 representatives are
elected on the basis of 2 per parish, and half on the basis of
the size of population per parish.
Women have enjoyed full suffrage since 1970, but they continue
to play a relatively minor role in politics.  Notwithstanding
the absence of formal barriers, few women have run for office;
only 1 of the 28 Members of Parliament is a woman, and only 2
women have occupied cabinet-level positions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no legal or informal restrictions, no human
rights organizations operate in this tiny nation.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution declares that all persons are considered equal
before the law, and it prohibits discrimination on grounds of
"birth, race, sex, origin, religion, opinions, or any other
personal or social condition."  The Government fully respects
these provisions, which apply not only to citizens but also to
legal residents (who constitute a large majority of the
population of Andorra).
     Women
The law does not discriminate against women.  It treats sexual
violence as a criminal offense.  Data on violence against women
are not available, but police sources say there is no pattern
of abuse by spouses or other family members, and they have no
recorded cases of battery of women or of rape.   The Government
has no shelters for abused women, and asserts there is no need
for such facilities.
     Children
The law does not explicitly provide for children's rights.
There is a public shelter for abused or abandoned children.
Over the past 12 years there has been just one known case of
child abuse.
     People with Disabilities
Not all public buildings and public places provide access for
physically disabled persons.  The Parliament approved
legislation in 1985 that mandates accessibility for the
handicapped in public places and buildings, but it applies only
to new construction.
Section 6  Worker Rights
     a.  The Right of Association
The 1993 Constitution recognizes the right of all persons "to
form and maintain managerial, professional, and trade union
associations without prejudice."  However, as of the end of
1994, no labor unions were registered.
Strikes were illegal under the old system; the Constitution
does not explicitly permit them, but so long as there are no
labor unions, the question of their legality is moot.
     b.  The Right to Organize and Bargain Collectively
The new Constitution states that both "workers and employers
have the right to defend their own economic and social
interests."  It charges the Parliament with devising
legislation to regulate the exercise of this right in ways that
guarantee the functioning of essential public services.
Workers are loath to complain or organize, meanwhile, because
they fear dismissal in this traditionally tight job-market
where no unemployment insurance is available.  The law does not
prohibit antiunion discrimination.
     c.  Prohibition of Forced or Compulsory Labor
No law expressly prohibits forced or compulsory labor, but such
offenses do not occur.
     d.  Minimum Age for Employment of Children
The law prohibits employment of youths less than 18 years of
age, except that 16- and 17-year-olds may work under certain
specified circumstances.  Child-labor regulations are enforced
by the Labor Inspection Office (within the Ministry of Social
Welfare, Public Health, and Labor), which does not routinely
inspect workplaces, but responds to specific complaints.
     e.  Acceptable Conditions of Work
The legal standard workweek is capped at 40 hours, and overtime
is limited to 66 hours per month and 426 hours per year.
The minimum wage, set by law and revised twice a year, is about
$4.50 per hour (600 Spanish pesetas)  In principle, the Labor
Inspection Office enforces it, but self-enforcement is
customary.  The minimum wage does not afford a decent standard
of living for a worker and family.
Workers may be dismissed without notice, and the unemployed
receive social security and health benefits for only 25 days.
Foreign workers who contribute to the social security system
are ineligible for retirement benefits if they do not remain in
Andorra after retirement, but they are eligible for lump-sum
reimbursement when they leave the country.  There is no special
court or board of appeals for labor complaints.
The Government sets occupational health and safety standards,
but enforcement is very loose, as there are no routine
inspections.  There is no legislation giving workers the right
to remove themselves from dangerous work situations without
jeopardy to their continued employment.
ANGOLA1
aTITLE:  ANGOLA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             ANGOLA
Throughout 1994 the Government of the Republic of Angola and
the National Union for the Total Independence of Angola (UNITA)
remained embroiled in a brutal civil war.  However, the
Government, led by President Jose Eduardo dos Santos, and
UNITA, led by Jonas Savimbi, also engaged in peace negotiations
in Lusaka under the auspices of the United Nations and with the
help of three observer countries, Portugal, Russia, and the
United States.  The two parties signed a peace agreement, the
Lusaka Protocol, on November 20 which calls for a cease-fire,
the withdrawal and disarming of UNITA, and the creation of a
new national army made up of fighters from both sides.
However, at year's end, very little progress had been made in
implementing the Lusaka Protocol.
Fighting resumed in October 1992, after UNITA declared the
results of the September 1992 elections fraudulent.  The United
Nations considered these elections free and fair.  Since the
renewed fighting UNITA has captured control of as much as 70
percent of the country, but the majority of the population has
remained in, or fled to, government-controlled areas.  The
Government continued to have the diplomatic support of the
international community and the U.N. Security Council
throughout the year.  By May the Government began to redress
the military situation and by year's end had retaken several
strategic points from UNITA.  The cease-fire established by the
Lusaka Protocol went into effect on November 22.  Despite
violations on both sides, confirmed by U.N. observers, the
cease-fire appeared to be generally holding through the year's
To counter UNITA, the Government continued a major buildup in
1994 of its military and police organizations and also
continued to arm urban civilians.  These civilians, sympathetic
to the governing party, the Popular Movement for the Liberation
of Angola (MPLA), assisted government forces during the
outbreak of hostilities that led to the resumption of the civil
war.  All of these organizations, including the Government and
UNITA, were responsible for persistent human rights abuses.
The MPLA controlled tightly the 220-member National Assembly
and harassed the few opposition deputies, including UNITA
deputies, in attendance.  MPLA leader President dos Santos
continued to manipulate the party in order to consolidate
political control and neutralize potential opposition.
The Ministry of Interior is responsible for internal security;
it created the Rapid Intervention Police, a paramilitary group,
in late 1992 to quell civil unrest.  The Ministry has on
occasion loaned the Rapid Intervention Police to the armed
forces.
Angola has great economic potential with extensive petroleum
and diamond reserves, rich agricultural land, and latent
hydroelectric resources.  However, the economy continued to
contract in 1994 as a result of war and misguided economic
policy.  Areas under government control in 1994 suffered from
hyperinflation--from 800 to 1,000 percent, scarcity of consumer
goods, massive unemployment and underemployment, and continuing
pervasive corruption.  UNITA-controlled areas reportedly
experienced similar problems, with perhaps the exception of
pervasive corruption.  Subsistence agriculture, traditionally
the main source of income for the majority of Angola's
approximately 10 million citizens, continued to be severely
constrained by war-related damage, including heavy use of land
mines by both sides.
Human rights deteriorated further in the face of an intensified
armed conflict and the failure of the Government and UNITA to
stop egregious violations of humanitarian law.  Military and
security forces on both sides flagrantly disregarded
fundamental humanitarian values in their treatment of prisoners
of war (POW's), their extrajudicial killings of unarmed
civilians, including humanitarian relief workers, women,
children, and the elderly.  Both sides repeatedly interfered
for political purposes with internationally provided
humanitarian assistance.  Informed observers estimated that
approximately 1,000 persons died daily at the beginning of 1994
and that at least 100,000 persons have perished since fighting
resumed in 1992.  Other human rights abuses included
mistreatment of detainees, deplorable prison conditions,
arbitrary arrest and detention, unfair trials, broad
restrictions on freedom of speech, press, and association, and
violence against women and children.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were credible accounts that government military officers
killed civilian men, women, children, and elderly persons
suspected of being UNITA sympathizers after they recaptured
N'Dalatando in May (see Section 1.g.).  As the war worsened
throughout 1994, common criminal violence often was
indistinguishable from politically motivated violence.
Fighting between members of the military and police and among
military, police, and bandits in a large open-air market on the
outskirts of Luanda regularly resulted in fatalities.  There
were eyewitness accounts of police killing unarmed civilians,
including youths and street children in Luanda, and of violent,
unexplained deaths, such as the August discovery of a
well-known journalist who was found stuffed in a garbage can in
a Luanda suburb.  Unknown assailants assassinated the Vice
Governor of Malange Province in early July.  It is widely
believed that the killing was for political reasons.
In January the National Assembly Subcommittee for Human Rights
released an investigative report, which failed to find the
Government culpable for the events of "bloody Friday January
23, 1993," when military, national police, and civilians
massacred unknown numbers of Bakongo residents of Luanda,
Lubango, Benguela, and Namibe provinces.  The head of the
political opposition party, Partido Democratico Para O
Progresso-Alianca Nacional Angolana (PDP-ANA), whose members
are almost exclusively Bakongo, proclaimed the report a
whitewash, alleging that it contained testimony by policemen
who participated in the "ethnic cleansing" and that the
investigation was carried out by National Assembly deputies
politically aligned with the ruling MPLA.  Opposition National
Assembly deputies boycotted the plenary session scheduled to
debate the report for fear of MPLA reprisals.  The report was
approved ultimately, but the session did not have a quorum.
In June UNITA admitted to executing summarily South African
mercenaries fighting for the Government and subsequently
published their photographs in UNITA's newspaper Terra Angolana.
     b.  Disappearance
Throughout 1994, both Government and UNITA officials accused
one another of abductions, disappearances, and the killing of
civilians.  The details of these incidents are unavailable.
The Government's Ministry of Assistance and Social Reinsertion
encouraged programs of U.N. agencies and international
nongovernmental organizations (NGO's) to search for family
members of orphans and abandoned children.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were unsubstantiated reports that the police tortured
detainees.  Interior Ministry personnel routinely beat
detainees held in Comarca de Luanda, a prison on the outskirts
of Luanda, to extract information or confessions prior to
bringing them to trial.  In many cases, the police routinely
beat and then released arrestees rather than go through the
effort of preparing a formal case.  No new information was
available on the Laboratoria, where, according to credible
reports, government personnel tortured detainees in 1993.
The Government, the Angolan Human Rights Association, and the
National Assembly Subcommittee on Human Rights acknowledged
publicly that conditions in Angola's prisons are inhumane.
Cells designed for 10 prisoners contain 30 and are divided by
open toilets and sewage.  Prisoners die of malnutrition and
tuberculosis.  Many prisons, lacking financial and other
support from the Government, failed to supply prisoners with
food and medicine, and prisoners had to depend on international
relief organizations and their families and friends for basic
support.  Although the Government reportedly authorized access
early in the year to all prisons for members of the National
Assembly's Subcommittee on Human Rights, by midyear the
deputies abandoned the project to improve prison conditions due
to government opposition.
While detailed information is lacking, there are reliable
reports that the Government and UNITA are both culpable of
abuse of human rights of prisoners and of prisoners in
uniform.  The International Committee of the Red Cross (ICRC)
had only limited access in 1994 to prisoners.
     d.  Arbitrary Arrest, Detention, or Exile
Transfer of the judicial process and prison system portfolios
from the Interior Ministry to the Justice Ministry did not
occur as agreed to by the Council of Ministers in 1993, and
Interior Ministry officials systematically, arbitrarily, and
secretly detained people for all categories of crime, without
trial, for indeterminate periods of time.  The rights of
detainees were not respected.
Under Angolan law, a person caught in the act of a crime can be
arrested and detained immediately.  Otherwise, the law states
that arrests require a warrant signed by a judge or a
provincial attorney general, followed by a public statement of
the grounds for arrest.  The prosecuting attorney and defense
attorney have a maximum of 90 days to prepare a case.
Detainees are to be allowed prompt access to family members and
a lawyer.
The number of POW's and other political and security detainees
held by the Government at year's end was unknown.  The
Secretary-General of the Angola Human Rights Association (AHRA)
remained in detention, and the Supreme Court had not responded
to his appeal.  The trial of the President of the AHRA was
repeatedly postponed and remained pending at year's end.
While there were no known well-known UNITA sympathizers under
government detention in Luanda in 1994, the Government kept
senior UNITA leaders in Luanda under surveillance and did not
allow them to travel abroad.  The two highest ranking civilian
UNITA leaders were not allowed to travel abroad from October
1992 until November 1994.  The Government made efforts to
integrate senior UNITA leaders into Angolan society.
UNITA arrested two Angolan humanitarian relief workers in
Huambo in July for violating "state security."  One was held
incommunicado; the other was held indefinitely without charge
but was allowed visitors.  When government forces recaptured
Huambo in November, these two relief workers disappeared.  The
ICRC estimated that there were hundreds of persons, both
military and civilian, arrested and detained by UNITA in
connection with the conflict or for security reasons.  UNITA
did not allow the ICRC full access to their detainees, despite
promises to do so, and only a limited number of detainees could
be visited by the ICRC in the cities of Huambo and Uige.  At
the end of 1994, and with the recapture of Huambo by government
forces, there was no information about the whereabouts of the
detainees.  The ICRC also acknowledged that UNITA has held an
unknown number of MPLA activists captured in other areas such
as Caimbambo since the renewal of hostilities in 1992.
     e.  Denial of Fair Public Trial
In October 1991, the Code for Penal Process was amended
nominally to guarantee a public trial, establish a system of
bail, and recognize the accused's right to counsel and to
testify.  Despite these legal safeguards, and despite Ministry
of Justice calls for judicial reform, significant shortcomings
in the administration of justice persisted.  As noted in
Section 1.d., the Ministry of Interior frequently arbitrarily
arrested and detained people, often without the objective of a
trial.  Trials for political and security crimes are handled
exclusively by the Supreme Court.  There were no known
political or security trials in 1994.
The court system is comprised of a Supreme Court at the
appellate level and municipal and provincial courts (the latter
under the authority of the Ministry of Justice) of original
jurisdiction.  Although the 1992 law on constitutional revision
speaks of an independent judiciary, as does the 1991 amended
Constitution, in practice the judiciary is not independent.
The President of the Republic has strong appointive powers,
including of Supreme Court judges (for life terms), with no
requirement for National Assembly confirmation.  At the end of
the year, the President had filled only 9 of the 16 positions.
The Court serves as an appellate tribunal for questions of law
and fact, but it does not have authority to interpret the
Constitution.  The Constitution reserves this role for a
Constitutional Court, a bench that remained empty throughout
the year.
Municipal courts normally deal rapidly with routine civil and
misdemeanor cases on a daily basis.  Judges are normally
respected laymen, not licensed lawyers.  The judge and two
laymen selected by the full court act as jury.  Routine cases
are normally dispatched by a court within 3 months.  The
verdict is pronounced the day following the conclusion of the
trial, in the presence of the defendant.
UNITA has not set up an independent judicial system, but it has
a military and civilian court system in several provinces.
Trials are never public.  UNITA President Dr. Jonas Savimbi
appoints the judges.  The juries consist of elderly men chosen
from the community.  Reportedly the accused person has the
right to a lawyer.  Two national humanitarian assistance
workers arrested in Huambo were to be tried in private and were
not permitted outside counsel; however, they disappeared when
government forces recaptured the city.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government routinely maintains surveillance of certain
groups, such as UNITA and other opposition National Assembly
deputies, opposition party leaders, known or suspected Angolan
or foreign UNITA sympathizers, and foreign diplomats.  The law
requires judicial search warrants, and in practice the law is
respected.  However, as far as known there were no search
warrants issued before the roundup of Lebanese and other
foreign businessmen in 1993.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Both government and UNITA forces were responsible for
widespread abuses of humanitarian standards during the course
of the war.  There were credible reports that the Government
carried out indiscriminate bombing between March and May on the
provincial capital of N'Dalatando.  The Government never
revealed the death toll, but a large percentage of the
casualties was reportedly civilian.  In June the Chief of Staff
of the armed forces admitted government fighter aircraft
mistakenly bombed a village school in Waku Kungo, Cuanza Sul,
reportedly killing 89 children.
Both the Government and UNITA used land mines indiscriminately,
causing a large number of fatalities and injuries.  There were
also credible reports that government soldiers targeted
displaced women, stealing their humanitarian food rations and
raping them.
The Government and UNITA both impeded provision of emergency
relief supplies and assistance by the ICRC, other
nongovernmental voluntary organizations, and United Nations
agencies.  The military was also responsible for the murder of
an Angolan humanitarian relief worker in Malange; and
provincial authorities often harassed relief workers and
refused to comply with regulations governing the distribution
of humanitarian assistance.  In UNITA-held Huambo, soldiers
forcibly removed relief food in July from CARE International
warehouses.  UNITA caused the mortality rate to rise
considerably by withholding clearance for the majority of the
humanitarian flights from May to late August to the besieged
provincial capitals of Malange and Kuito, and sometimes fired
on aircraft.  In response the Government denied humanitarian
assistance flights to Huambo and Uige.
Credible sources, including eyewitnesses, reported that both
sides forcibly conscripted children as young as 12 into
military service throughout Angola.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the 1991 Constitution provides for freedom of
expression, in reality free speech is muted in the National
Assembly, and the Government tightly controls the media,
including media access to controversial public figures.
Luanda's commercial radio station (LAC) and the weekly
newspaper Correio da Semana are privately owned but are not
independent.  The majority of LAC and Correio stockholders are
MPLA leaders who hue closely to the party line.  In mid-1994
even LAC was told to cancel a popular daily program somewhat
critical of the Government.  Media policy and censorship are
controlled by a committee composed of the Minister of
Information, the press spokesman for the Presidency, and the
directors of the state-owned radio, television, and newspaper.
Additionally, the Prime Minister has staff devoted exclusively
to censoring the government-owned and controlled newspaper
Jornal de Angola.
Although national radio has separate stations in each
provincial capital, broadcasters must clear all programs with
national radio headquarters in Luanda.  There are five private
radio stations in Luanda which censor themselves.
Transmissions of Vorgan, UNITA's radio station, are heard
throughout Angola.  UNITA's newspaper, Terra Angolana, cannot
be found in Luanda.
The Government resorted to even stricter censorship in response
to enhanced public awareness of human rights, which has evolved
despite the war.  Journalists admit they are under self-
censorship and that repeated "errors in judgment" result in
dismissal.  The only source of news about the war acceptable to
the Government is the spokesperson for the Chief of Staff of
the armed forces.  The Government is more liberal with foreign
news agencies, such as the Voice of America and the British
Broadcasting Corporation, in part because most people lack the
equipment needed to receive international transmissions.
Credible members of the independent Angolan Journalists
Syndicate (SJA) alleged in 1994 that the Government continued
to restrict press freedom, including access to controversial
public figures.  The cause of death of the journalist mentioned
in Section 1.a. was determined to be homicide by an unknown
assailant.  The SJA did not the challenge the determination.
Regarding the death of two journalists in 1993, the SJA said
that the Government has never published the results of their
investigation, and the SJA is powerless to do anything about it.
Foreign journalists must register with the government press
center to obtain access to officials and to travel within
Angola.  Both the Government and UNITA invited journalists to
planned press events and to visit areas under their control.
Academic life has been severely circumscribed by the war, and
the university is barely functioning.  There is academic
freedom; academics do not practice self-censorship.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
with 3-day notification and the right of association.  However,
in practice the Government carefully controls both assembly and
association.  For example, authorities in Luanda vetoed plans,
properly submitted in advance, for a commemoration on the first
anniversary of Bakongos killed in a military- and police-
inspired massacre in January 1993, warning of serious
repercussions for anyone who congregated on the anniversary
(see Section 1.a.).
Regulations allow the Government to deny required registration
to private associations on security grounds.  The Government
uses its powers arbitrarily to limit association activities
deemed inimical to its interests, such as in the case of the
Angolan Human Rights Association (see Section 4).
UNITA did not allow freedom of assembly and association in
areas under its control.
     c.  Freedom of Religion
Freedom of religion, including separation of church and state,
is provided for in the Constitution and respected in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The civil war greatly inhibited freedom of movement within the
country and forced large numbers of persons to flee combat
areas.  According to U.N. statistics, since late 1992, 2
million people have fled to government-controlled territory
from the interior just ahead of UNITA's advancing troops, where
they remain.  However, wartime conditions prevented physical
access to many areas of the country by humanitarian
organizations, and the exact number of persons severely
affected by the war remained unknown.
While citizens have the legal right to change residence and
workplace in government-controlled areas, the scarcity of
habitable dwellings as well as massive unemployment and
underemployment effectively impeded most voluntary changes.
The Government restricted travel of its citizens abroad,
largely by limiting access to foreign exchange or, in the case
of UNITA leaders, denying permission outright.  At the same
time, MPLA deputies and high-level government officials had
unlimited access to foreign exchange and the right to travel
abroad.
There are substantiated reports that the Government impeded
opposition party leaders from traveling from Luanda to their
constituencies in the interior.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
While the Angolan people for the first time exercised their
constitutional right to change their government through
peaceful means in the September 1992 presidential and
legislative elections, the resumption of the war stalled the
democratization process, and a second round of presidential
elections had to be postponed indefinitely.  Consequently,
governmental power, including in the National Assembly,
remained exclusively in the hands of a small group within the
MPLA.
The National Assembly consists of 220 deputies, 130 elected on
a national basis and 90 elected to represent the provinces.
Eleven of the 70 UNITA deputies elected in the 1992 election
took their seats in 1994.  There are several deputies
representing smaller parties.  However, few opposition deputies
participated in National Assembly debate.  MPLA deputies have
admitted publicly that National Assembly debate was
superfluous, and the Assembly simply rubberstamped the
Presidency's initiatives.
The Minister of the Interior attempted to impeach an opposition
deputy for having criticized the Government in the
international media.  The opposition deputy apologized formally
to the Government in order to retain his seat.  Several months
later, policemen reportedly attempted to kill that same
deputy.  The Government's investigation of the incident was not
completed at year's end.
The peace negotiations in Lusaka reached a successful
conclusion on November 20 when representatives of the
Government, UNITA, and the United Nations signed the Lusaka
Protocol.  A Joint Commission of delegations of the Government,
UNITA, and the three observer nations, chaired by the U.N.
Secretary General's Special Representative, began meeting in
Luanda in December to implement the Lusaka Protocol.  Limited
progress had been made at year's end.
In 1993 the Government prepared guidelines for local government
elections, scheduled to take place 2 years after the 1992
presidential and legislative elections.  However, at the end of
1994, the Council of Ministers had taken no action on the
guidelines, effectively shelving local elections indefinitely.
While there are no legal barriers to the participation of
indigenous people in the political process, they are
underrepresented in the National Assembly and do not
participate actively in politics (see Section 5).  Women
occupied 32 of the 220 National Assembly seats.  One of the
nine Supreme Court judges is a woman, and there are three women
in the Prime Minister's Cabinet.
ANGOLA2
w2w2TITLE:  ANGOLA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Both the Government and UNITA impeded independent
investigations of human rights abuses in their respective
territory.  There were no actively functioning Angolan
nongovernmental human rights associations or groups.  The
Angolan Human Rights Association (ADHA) was inactive in 1994,
because its leaders, both the president and the secretary
general, were deeply embroiled in defending themselves against
spurious law suits, reportedly instigated by the Government.
ADHA published a report on Angola's prisons in January that was
the genesis of constant Interior Ministry harassment and
subsequent imprisonment of the Association's leaders.
The National Assembly Human Rights Subcommittee, which got off
to a promising start in 1993, was ineffective in 1994 owing to
MPLA opposition.  It was unable to create mechanisms to enforce
existing laws to protect the rights of Angolans, and human
rights issues received very low priority in National Assembly
debate.
While frequently harassing and limiting relief operations, the
Government and UNITA did allow a variety of international NGO's
access to much of the territory under their respective
control.  They were much less willing, however, to allow human
rights investigations.  The Government granted the ICRC only
limited access to prisons in 1994.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Angola is a multiracial society, and the Constitution states
that all citizens are equal regardless of race, ethnic origin,
sex, religion, or social status.
     Women
The deterioration of the social and economic situation, a
consequence of the war and poor governance, has had a negative
effect on the status of women.  Although women held senior
positions in the military (primarily in the medical field),
civil service, and political parties, they held mainly
low-level positions in state-run industries and in the small
private economy.  The law proclaims equal pay for equal work,
but in practice women were not compensated equally.  Adult
women may open a bank account, accept employment, and own
property without interference from their spouse.  Women are
included in all levels of UNITA's ranks.
While little information was available on the extent of
domestic violence, a study published by a renowned journalist
indicated that spousal violence is widespread and growing.  The
study indicated that one-third of all homicides were
perpetrated against women, usually by their spouse.  The study
revealed that women are not treated as fairly as men in a court
of law, even though the Constitution provides for equality.  In
many besieged cities, women swelled the ranks of the
handicapped because, in foraging in the fields for food to feed
their families, they often set off land mines.  Due to dire
economic circumstances, increasing numbers of adult women and
girls engage in prostitution, and the clergy report that
marriages are breaking down at an alarming rate.
     Children
The Government has given only marginal attention to children's
rights and welfare.  As noted, both the Government and UNITA
have been responsible for conscripting teenagers into military
service.  A major problem in 1994 was the growing presence of
street children in Luanda and other cities, one indication of
the structural breakdown in Angola's family institutions caused
by the war and the deteriorating economy.  Young females are
often accepted into private homes as domestics while young
males roam the market places and streets.  The living
conditions in government youth hostels are deplorable, and the
majority of the homeless children prefer to sleep on city
streets.
The government-sponsored National Institute for Children,
viewed as an MPLA organ, has not seriously addressed the
problems children face and has been indifferent toward efforts
by international NGO's to assist dispossessed youth.  However,
the Government cooperated with international NGO's in
establishing a camp for young Angolans on the outskirts of
Luanda.  The project was only partially successful in keeping
children from returning to the city streets and crime.  There
were no active private children's rights advocacy groups.
It cannot be verified whether female genital mutilation is
practiced in Angola.  However, medical authorities say that it
may have occurred in limited fashion in remote areas of Moxico
province, bordering Zaire and Zambia.
     Indigenous People
Angola's population includes 1 to 2 percent of preliterate
tribes.  Mostly hunters and gatherers, these Khoisan and other
linguistically distinct groups are scattered throughout the
southern provinces of Namibe, Cunene, and Cuando Cubango.
There is no evidence that they suffer from official
discrimination or harassment, but they do not participate
actively in the political or economic life of the country and
have a marginal ability to influence government decisions
concerning their interests.
     National/Racial/Ethnic Minorities
The long civil conflict has deep ethnic and urban versus rural
roots.  The MPLA is heavily supported by the Mbundu ethnic
group, which makes up an estimated 25 percent of the
population, and by many city dwellers, notably in Luanda.  It
also has strong backing among the small number of white and
mixed-race Angolans who occupy technical and governmental
positions.  Election results indicated a high level of support
among other ethnic groups apart from the Ovimbundu.  UNITA has
its principal backing among the country's largest single ethnic
group, the Ovimbundu, who make up an estimated 37 percent of
the population and are concentrated in the central and southern
parts of Angola.  The Government continued to claim that
inflammatory UNITA rhetoric exacerbated ethnic tensions by
dwelling on the perceived colonial ties of white and mixed-race
Angolans.
The Government cracked down on Lebanese businessmen in 1994,
allegedly for illegal business activities.  The Government
arbitrarily deported an Angolan/Portuguese businessman, born in
Malange, during a sweep of mostly Lebanese businessmen in
Luanda in December 1993-January 1994.  He has not been
permitted to return, although in a recent press interview in
Lisbon he expressed a desire to do so.
     People with Disabilities
There are many physically disabled persons throughout Angola,
the majority of whom are casualties of land mines and other
civil war-related injuries.  While there is no obvious
discrimination against them, the Government has done little to
ameliorate their physical, financial, or social distress and
has not legislated accessibility to public buildings or any
other benefit specifically for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The 1991 Constitution recognizes the right of Angolans to form
trade unions and to bargain collectively.  However, the
implementing law governing unions has yet to be passed, and in
practice the Government dominates the labor movement through
the National Union of Angolan Workers (UNTA), the official
labor union of the ruling MPLA, which remained the principal
workers' organization.  Two other groups without affiliation to
a political party, the National Confederation of Free Trade
Unions of Angola and the Democratic Confederation of Angolan
Workers, waited yet another year for peace and a new labor
union law.  The war, the Government's long association with and
preference for UNTA, and the lack of necessary legislation
effectively stifled the development of these two organizations.
Organized labor is concentrated in the cities.  There is no
organized labor in agriculture, traditionally the main source
of income for the vast majority of Angolans.
The Constitution provides for the right to strike, and
legislation passed in 1991 provides the legal framework to
strike.  The law prohibits lockouts and worker occupation of
places of employment and provides some protection for
nonstriking workers.  It prohibits strikes by military and
police personnel, prison workers, and firemen.  It does not
prohibit retribution against strikers.
There were strikes against the Government in August by air
traffic controllers and in September by Luanda province public
school teachers.  The Government negotiated the air traffic
controllers' demands expeditiously, and it met with a 5-member
teachers' commission, representing Luanda province's 11,000
teachers.  The Government harassed commission members until
they capitulated to the Government's demand that the strike be
postponed until the end of the academic year in October in
exchange for an extra month's salary.  The Government did not
provide a salary increase or pay the extra month's salary as
promised, and consequently the teachers remained on strike at
the end of 1994.
By year's end, the Government and the MPLA-controlled National
Assembly had still not enacted laws to allow labor
organizations to affiliate with international labor bodies.
UNTA, the MPLA labor union, is affiliated with the Organization
of African Trade Union Unity and the formerly Soviet-controlled
World Federation of Trade Unions.  The two planned Angolan
trade union federations will not be able to apply for
membership in the International Confederation of Free Trade
Unions until relevant domestic legislation is enacted.
     b.  The Right to Organize and Bargain Collectively
Angolan workers have the constitutional right to organize and
bargain collectively.  However, in practice there has been
almost no collective bargaining, and the Government dominates
the economy through state-run enterprises.  The Ministry of
Public Administration, Labor, and Social Security continued to
set wages and benefits on an annual basis.  The Council of
Ministers approved the Ministry's proposal to increase salaries
100 percent for all public sector employees in 1994.  The
Council based salaries of employees of state-owned enterprises
on profits of the previous year, the availability of loans from
the national bank, and the percentage of government ownership.
In Angola's small private sector, wages are based on multiples
of the minimum salary set by the Government.
The 1991 legislation prohibits discrimination against union
members.  Union members' complaints are adjudicated in the
regular civil courts.  Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities.
Angola has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
In 1993 the Government indicated that in mid-1994 it would
introduce legislation to prohibit forced labor, reversing laws
and provisions which had been cited by the International Labor
Organization (ILO) as a violation of ILO Convention 105 on
Forced Labor.  The outdated legislation authorizes forced labor
for breaches of worker discipline and participation in
strikes.  While new legislation was proposed in 1994, it had
not been enacted by year's end or even debated by the National
Assembly.
     d.  Minimum Age for Employment of Children
The legal minimum age for employment is 14.  The Inspector
General of the Ministry of Labor is responsible for enforcing
labor laws.  The Labor Ministry maintains employment centers
where prospective employees register.  These centers screen out
applicants under the age of 14.  However, children at a much
younger age work on family farms and in the informal economy;
the survival of Angola's growing number of street children
underscores the role of child labor in the informal urban
economy.
     e.  Acceptable Conditions of Work
The minimum wage is set by the Government and was increased by
100 percent in 1994.  However, the Government does not enforce
the wage standard.  In real terms, the minimum wage of just
over $1 per month (1 million kwanzas) is insufficient to
support a worker and family.  As a result, many wage-earning
workers depended on the thriving informal sector (night jobs,
subsistence farming, theft, corruption, or support from abroad)
to maintain an acceptable standard of living.
The normal workweek, established by a 1994 government decree,
is 37 hours.  There was no information available on the
adequacy of work safety conditions or health standards, but
they presumably were adversely affected by the weakness of the
Angolan economy, the lack of enforcement mechanisms, and the
ANTIGUA_1
6TITLE: ANTIGUA AND BARBUDA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                      ANTIGUA AND BARBUDA
Antigua and Barbuda, a small two-island state, is a
parliamentary democracy and a member of the Commonwealth of
Nations.  A Prime Minister, a Cabinet, and a bicameral
Legislative Assembly comprise the Government.  A Governor
General, appointed by the British monarch, is the titular Head
of State, with largely ceremonial duties.  Power passed
peacefully from Prime Minister V.C. Bird, Sr. to his son,
Lester B. Bird, in general elections held in March.   The
Antigua Labour Party retained power by capturing 10 of 17
parliamentary seats, down from the 15 it held under V.C. Bird's
administration.  The Governor General appoints the 15 Senators,
11 with the advice of the Prime Minister and 4 with the advice
of the opposition leader.
Security forces consist of a police force and the small Antigua
and Barbuda Defence Force.  The police are organized, trained,
and supervised according to British law enforcement practices,
and have a reputation for respecting individual rights in the
performance of their duties.
Antigua and Barbuda has a mixed economy with a strong private
sector.  Tourism, the most important source of foreign exchange
earnings, improved during the year, due mainly to improved
economic conditions in the United States and Europe.  The
country is burdened by a large and growing external debt which
remains a serious economic problem.  The Government announced a
series of severe tax and other austerity measures for 1995
aimed at addressing the debt, prompting mounting but peaceful
social protest.
Although the Government generally respects the constitutional
provisions for political and civil rights, it restricts freedom
of speech and the press in practice.  The Government placed
some restrictions on the opposition's freedom of assembly and
access to government-controlled broadcast media in the 1994
election campaign, during which there were scattered acts of
violence.  Societal discrimination and violence against women
continued to be problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and other cruel or inhuman
treatment of prisoners or detainees, and the authorities
generally respected these prohibitions in practice.  A 1990 law
allows flogging as a penalty for rape.  The courts may also
impose flogging on convicted child molesters, although there
were no such instances in 1994.
Conditions at the lone 18th-century-vintage prison are
primitive, and a 1930 law still governs treatment of prisoners.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention, and
the Government respects these provisions in practice.  Criminal
defendants have the right of judicial determination of the
legality of their detention.  The police must bring detainees
before a court within 48 hours of arrest or detention.
Opposition leaders claim the Government has developed a pattern
of arresting suspects on Fridays and holding them until
Tuesdays.  Most of these cases involve youths suspected of
narcotics violations.
There were no reports of involuntary exile.
     e.  Denial of Fair Public Trial
The judicial system is part of the Eastern Caribbean legal
system and reflects historical ties to the United Kingdom.  The
Queen's Privy Council is the final court of appeal, which is
invariably employed in the case of death sentences.  There are
no military or political courts.  The Constitution provides
that criminal defendants receive a fair, open, and public
trial.  In capital cases only, the Government provides legal
assistance at public expense to persons without the means to
retain a private attorney.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for these rights, and there were no
reports of arbitrary interference with privacy, family, home,
or correspondence.  The police must obtain a warrant from an
officer of the court before searching private premises.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech, the press, and
other forms of communications.  The authorities generally
respect these provisions in practice.  However, the Government
dominates the electronic media--the only daily source of
news--and effectively denies equal access to opposition
parties.  The Government owns one of the two radio stations and
the single television station.  One of the Prime Minister's
brothers owns the second radio station, and another brother is
the principal owner of the sole cable television company.  The
government-controlled media reported regularly on the
Government's and the ruling party's activities during the
election campaign, but granted only very limited access to the
opposition parties.
Political opposition parties and private sector organizations
such as the Chamber of Commerce publish several weekly
newspapers which offer a variety of opinions without government
interference.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
The police normally issued the required permits for public
meetings.  However, during the 1994 political campaign,
opposition leaders claimed police routinely denied permits for
rallies on political grounds.  The police contend that delays
and refusals in issuing permits were intended to avert violent
confrontations.  While the authorities placed some restrictions
on demonstrations, the opposition was able to stage numerous
public meetings, rallies, and other events with little
interference.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and all
groups are free to maintain links with coreligionists in other
countries.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Neither law nor practice restricts the right of citizens to
move about within the country, to travel abroad, or to emigrate.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Antigua and Barbuda has a multiparty political system
accommodating a wide spectrum of political viewpoints.  All
citizens 18 years of age and older may register and vote by
secret ballot.  The Constitution requires general elections at
least every 5 years.  The law obligates the Government to hold
voter registration during a fixed period each year, and parties
conduct their own registration drives free of government
interference.  The Antigua Labour Party (ALP) won the March 8
election for the fourth consecutive time, although party
leadership passed from outgoing Prime Minister V.C. Bird to his
son, Lester B. Bird.  The ALP won 10 of 17 seats, less than its
previous 15 to 2 majority.
Except for a period of opposition from 1971 to 1976, the ALP
has held power continuously from 1951.  The opposition has
charged that the ALP's longstanding monopoly on patronage and
its influence over access to economic opportunities make it
extremely difficult for opposition parties to attract
membership and financial support.  In 1992 public concern over
corruption in government spawned the merger of three opposition
political parties into the United Progressive Party (UPP).  The
UPP succeeded in increasing its representation to seven seats
from five during the election.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no governmental restrictions, no local human
rights groups have formed to date.  There were no requests for
human rights investigations or inquiries during the year.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination based on race, sex, creed,
language, or social status, and the Government generally
observed its provisions.
     Women
While the role of women in society is not legally restricted,
tradition tends to limit women to home and family, particularly
in rural areas, and to restrict their career options.  To
change these traditional roles, the Government began programs
to provide enhanced educational opportunities for both sexes,
as well as family planning services.  The Directorate of
Women's Affairs (previously the Women's Desk) worked
energetically, with some success, to help women advance in
government and the professions, but progress was slower in the
private sector.
Violence against women is a recognized social problem.  It is
treated as a matter of public conscience, and there are
nongovernmental social welfare groups focused on the problem.
Knowledgeable sources believe that over 2,000 incidents of
physical and mental violence occurred.  Women in many cases are
reluctant to testify against their abusers.  Police generally
refrain from intervening in cases of domestic violence, and
some women have credibly charged that the courts are lenient in
such cases.
     Children
Child abuse remains a hidden problem.  While the Government
repeatedly expressed its commitment to children's rights, no
significant efforts were made to protect those rights in
practice, and abuse tends to go unpunished.
     People with Disabilities
There are no specific laws mandating accessibility for the
disabled, but there are constitutional provisions that prohibit
discrimination against the physically disabled in employment
and education.  There is no evidence of widespread
discrimination against physically disabled individuals, although
the Government does not visibly enforce the constitutional
antidiscrimination provisions.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right to associate freely and to form labor
unions, and the authorities generally respect these rights in
practice.  Although fewer than 50 percent of workers belong to
unions, the important hotel industry is heavily unionized.
Antigua and Barbuda has two major trade unions:  the Antigua
Trades and Labour Union (ATLU) and the Antigua Workers' Union
(AWU).  The ATLU is associated with the ruling ALP, while the
larger and more active AWU is rather loosely allied with the
opposition.
The Labor Code recognizes the right to strike, but the Court of
Industrial Relations may limit this right in a given dispute.
Once either party to a dispute requests the court to mediate,
there can be no strike.  Because of the delays associated with
this process, unions often resolve labor disputes before a
strike is called.  There was a 7-hour strike by the association
of gasoline retailers, which ended when the Government agreed
to rescind a proposed 15-percent excise tax increase on
gasoline.
Unions are free to affiliate with international labor
organizations and do so in practice.
     b.  The Right to Organize and Bargain Collectively
Labor organizations are free to organize and bargain
collectively.  The law prohibits antiunion discrimination, and
there were no reports that it occurred.  Employers found guilty
of antiunion discrimination are not required to rehire
employees fired for union activities, but must pay full
severance pay and full wages lost by the employee from the time
of firing until the determination of employer fault.  There are
no areas of the country where union organization or collective
bargaining is discouraged or impeded.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids slavery and forced labor, and they do
not exist in practice.
     d.  Minimum Age for Employment of Children
The law stipulates a minimum working age of 13, which is
respected in practice.  The Ministry of Labour, which is
required by law to conduct periodic inspections of workplaces,
has responsibility for enforcement.  There have been no reports
of minimum age employment violations.  The political strength
of the two major unions and the powerful influence of the
Government on the private sector combine to make the Ministry
of Labour very effective in enforcement in this area.
     e.  Acceptable Conditions of Work
The law established minimum wages for various work categories
in 1981.  The lowest minimum wage, for domestic workers, is
$0.46 (EC$1.25) per hour; the highest minimum wage, for skilled
labor, is $1.30 (EC$3.50) per hour.  Most minimum wages would
not provide a decent standard of living for workers and their
families, but in practice the great majority of workers earn
substantially more than the minimum wage.
The law permits a maximum 48-hour, 6-day workweek, but in
practice the standard workweek is 40 hours in 5 days.  The law
provides workers a minimum of 3 weeks of annual leave and up to
13 weeks of maternity leave.
There are no occupational health and safety laws or
regulations; thus there is no provision for a worker to leave a
dangerous workplace situation without jeopardy to continued
employment.
ARGENTIN1
4o4oTITLE:  ARGENTINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           ARGENTINA
Argentina is a federal constitutional democracy with an
executive branch headed by an elected president, a bicameral
legislature, and a separate judiciary.  The President, Carlos
Saul Menem, was elected in 1989, under an electoral college
system, for a single 6-year term.  In August a Constituent
Assembly of popularly elected delegates revised the
Constitution, changing the presidential term to 4 years,
abolishing the electoral college system, and permitting one
successive term in office.
The President is the commander in chief, and a civilian Defense
Minister oversees the armed forces.  The Government abolished
military conscription in September, partly as a result of the
public backlash generated by the beating death of a young army
recruit earlier in the year.  The Federal Police, which report
to the Interior Minister; the Border Police and Coast Guard
which report to the Defense Minister; and the provincial police
share responsibility for law and order.  The police continued
to be responsible for human rights abuses.
Argentina has a mixed agricultural, industrial, and service
economy that continued its dramatic turnaround after decades of
mismanagement and decline.  An economic reform structural
adjustment program, begun in 1989, led to 3 years of high
growth, sharply reduced inflation, and spurred competitiveness.
An extensive privatization program has been largely completed
at the federal level and is now under way in the provinces.
However, while employment grew rapidly during the first years
of the program, national unemployment rose to a record high of
12.2 percent in 1994, and the cost of living rose sharply.  The
high cost of living has most severely affected those with fixed
incomes, although the entire country benefited from the end of
hyperinflation.
The newly revised Constitution incorporates nine international
human rights conventions and also provides for a wide range of
freedoms and rights which the Government generally protected.
There continue to be instances of extrajudicial killings and
physical mistreatment of detainees by the police and military.
However, the central and provincial governments tried and
convicted a number of police officials for such abuses.  The
judicial system is subject to inordinate delays, resulting in
lengthy pretrial detention.  The Government-sponsored National
Commission on the Right to Identity has worked closely with
human rights groups to locate children of parents who
disappeared during the military dictatorship and reunite them
with their biological families.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no credible reports of politically motivated
killings by government forces.
However, police and military personnel were responsible for a
number of extrajudicial killings.  The most publicized case of
an extrajudicial killing was the beating death of a young army
recruit, Omar Carrasco, whose body was found on April 6 in the
province of Neuquen.  At the end of the year, three soldiers
were being held pending trial for murder.  Two other soldiers
were awaiting trial (but not in prison) for covering up the
crime.  Because of a slipshod investigation at the time of
Carrasco's disappearance (nearly 1 month passed before his body
was found), the federal Attorney General ordered the case
reopened in August to determine whether senior military
officers had engaged in a coverup of the original investigation.
Police officers committed several other extrajudicial killings.
In July a police inspector allegedly killed a 15-year-old,
Miguel Rodriguez, for having stolen a ball from his son.  The
inspector was held for trial on murder charges.  Cordoba
Governor Eduardo Angeloz fired the province's Police Chief,
Deputy Chief, and Director for Internal Security after a
serious altercation between police and residents in the town of
San Jorge.  In another instance, a court in the province of
Buenos Aires convicted two police officers convicted and
sentenced them to life in prison for having brutalized
57-year-old Ramon Buchon until he died of a heart attack.  The
case of Diego Rodriguez Laguens, who police allegedly beat to
death while in their custody in San Pedro in February,
continued under investigation at year's end.
Provincial and federal authorities made a greater effort to
arrest and try the offenders in 1994 than they did in previous
years.  A federal judge sentenced four policemen to life
imprisonment for the kidnaping and murder of three businessmen,
Eduardo Oxenford, Benjamin Neuman, and Osvaldo Sivak in 1978,
1982, and 1985, respectively.  A court sentenced three
policemen, accused of killing three teenagers in 1987 in a
Buenos Aires suburb, to 11 years in prison but released them
pending appeal.  In the town of Wilde, Buenos Aires province, a
court tried and convicted seven policemen for killing four
people in a shootout.  A court in San Nicholas, Buenos Aires
province, sentenced two policemen to life in prison for killing
a 57-year-old carpenter in 1993.
     b.  Disappearance
There were no reports of politically motivated disappearances
in 1994.  Current cases stem from unresolved disappearances in
previous years, especially the 1976-83 military rule.
A La Plata court began the trial of 7 of 11 Buenos Aires
provincial police officers implicated in the disappearance of a
La Plata youth, Andres Nunez.  Three witnesses testified they
heard him being beaten in a nearby room at the time of his
captivity 3 years ago.  In April the authorities detained  six
additional police officers and continued to seek four others,
who are fugitives.  The case of Pablo Guardati, whom Mendoza
police reportedly abducted in 1992, remains unresolved.
The authorities released three of the four police officers
charged in this case in late 1993, and freed the fourth in
March, all for lack of sufficient evidence.
The Grandmothers of the Plaza de Mayo, the National Commission
on the Right to Identity, and the Interior Ministry's
Secretariat for Human Rights are continuing the search for
children of couples who disappeared during the military
regime.  Using modern genetic testing techniques to prove
genetic relationships where blood samples are available, they
have located 55 children out of 218 pending cases since the
restoration of democratic government in 1983.  They have
reunited 30 of these children with their biological families
and allowed 13 to remain with their adoptive parents who were
determined to have adopted the children legally.  An additional
case moved slowly toward resolution in 1994, which will bring
the total number of children reunited with their families to 31.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture, and the Criminal Code
provides penalties for torture which are similar to those for
homicide, from 8 to 15 years in prison.  Nevertheless, police
maltreatment of detainees and lack of accountability remain
problems.  In February Juan Carbajal entered a Buenos Aires
provincial police station seeking information and became
involved in an argument with several officers.  Police beat him
and then detained him in a local hospital, telling his wife he
was being held because he was mentally deranged.  Doctors in
the hospital, however, said he was normal and that his bruises
were deliberately inflicted.  The provincial Director of
Security opened an investigation; Carbajal was released after 2
weeks in the hospital, and two police officers were arrested.
In August a judge convicted four policemen in Entre Rios
Province for physically abusing a suspect.  However, he imposed
a 2 1/2-year suspended sentence to be implemented only if they
did not pass a written examination on constitutional rights and
guarantees.
In October the Menem administration recommended the promotion
of two navy commanders, Antonio Pernias and Juan Carlos Rolon,
to captain.  During their confirmation hearings, they admitted
to having tortured detainees during the 1976-83 period of
military rule.  A storm of controversy arose, and a Senate
committee, dominated by the President's own Justicialist Party,
rejected the nominations.
     d.  Arbitrary Arrest, Detention, or Exile
The Penal Code places limits on the arrest and investigatory
power of the police and the judiciary, but the provincial
police often ignored these restrictions, as indicated in the
cases cited above.  Human rights groups find it difficult to
document such incidents, because victims are reluctant to file
complaints.
Police will detain young persons (teenagers and young adults
are most vulnerable to this practice) sometimes overnight,
sometimes for an entire weekend, without formal charges.  They
do not always provide such detainees the opportunity to call
their family or an attorney and release them only upon a
complaint from relatives or legal counsel.  Human rights groups
were also concerned about a proposed antiterrorism bill which
would extend the number of hours the police can hold a person
without a formal charge from 6 to 12 hours in a police station
and from 48 to 72 hours in judicial headquarters.
Prison conditions are poor in a number of overcrowded jails
where the facilities are old and dilapidated.  In Buenos Aires
province no new prisons have been built for 25 years.  A
circuit judge in Quilmes (Buenos Aires province) denounced
lamentable treatment of prisoners who are crowded four or five
into a cell no larger than three meters square.  A study in
late 1993 indicated that 60 percent of those incarcerated
nationwide are awaiting trial; some have been detained for
2 years or more.  Human rights groups say this problem remains
a serious one and that prisons are virtual powder kegs of
discontent.  A large-scale prison riot occurred in Buenos Aires
Province in August 1994.
The law provides for the right to bail, and it is utilized in
practice.  Nonetheless, law allows pretrial detention, and the
slow pace of criminal trials results in lengthy pretrial
detention periods.  Many untried prisoners are serving more
time in prison than they would have served if they had been
convicted and had received the maximum sentence for the crime
for which they were arrested.  In recognition of this problem,
the Senate passed a measure in October which would set a
maximum 2-year limit on unsentenced prisoners and, after 2
years, grant them 2 days of credit toward their sentences for
every 1 day of the served before sentencing.
The Interior Ministry conducted courses for public officials
designed to heighten awareness about human rights issues, and
the Justice Ministry attempted to educate the public about the
legal rights of detainees.  The Government created the position
of Ombudsman to oversee the observance of individual rights in
the prison system.  To improve police practices, the Interior
Ministry's Secretariat for Human Rights signed an agreement in
1994 with the United National Center for Human Rights to
provide training for federal and provincial law enforcement
officials.
The law does not permit involuntary exile, and it is not
practiced.
     e.  Denial of Fair Public Trial
The judicial system is nominally independent and impartial, but
its processes are inefficient, complicated, and allegedly
subject to political influence.  The judicial system is
hampered by inordinate delays, procedural logjams, changes of
judges, and widely reported allegations of corruption.
Trials are public, and defendants have the right to legal
counsel.  A panel of judges decides guilt or innocence.  In
1992, some federal and provincial courts began deciding cases
using oral trials in lieu of the practice of written
submissions.  Although such trials are less time-consuming,
lawyers and judges are still struggling to adjust to the new
procedures, and substantial elements of the old system remain.
For example, before the oral part of a trial begins, judges
receive written documentation regarding the case which,
according to prominent legal experts, can bias a judge before
oral testimony is heard.
Reform of the judiciary is a high priority for the Government.
The new Constitution provides for changes in the selection of
judges and oversight of the legal system.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits the Government from interfering in
the private lives of its citizens, and the Government rarely
does so.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the right to publish ideas
without prior censorship.  The media fully exercise this right,
disseminating the full spectrum of political, social, cultural,
and economic opinion in the country.
The number of reports of attacks or threats against journalists
decreased in 1994.  A newspaper editor in Jujuy Province
received an anonymous threat, and the wife of a reporter for
the Argentine news agency in Buenos Aires was mugged and
threatened.  A correspondent for a La Pampa province paper also
received death threats.  In Mendoza, intelligence operatives of
the provincial police are alleged to have illegally entered a
hotel room and intimidated three visiting Chilean journalists
in October.  National and provincial government authorities
condemned the incident and launched an investigation.  There
was little progress in the apprehension and punishment of those
responsible for these and prior attacks.
     b.  Freedom of Peaceful Assembly and Association
The Constitution and laws provide for the right of groups and
political parties to assemble and demonstrate.  Many groups
from all sectors of society exercised this right with little or
no government interference.
The Government generally respected academic freedom.
     c.  Freedom of Religion
Freedom of worship is a constitutional right.  The new
Constitution dropped its previous requirement that the
President be a Roman Catholic.  In practice, all religious
denominations are able to exercise their faith freely.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Documented travel and emigration remained unrestricted in 1994.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Since its return to democratic government in 1983, Argentina
has held free and fair elections to choose federal, provincial,
and municipal office holders.  Universal adult suffrage is
obligatory in national elections.  Political parties of varying
ideologies operate freely and openly.  The Constitution
provides that all adult citizens shall enjoy full participation
in the political process.  In 1994 a Constituent Assembly,
freely chosen by the electorate, revised and ratified changes
to the Constitution of 1853 that permit the President to run
for a second term.  The changes reduce the President's term
from 6 to 4 years.  The new Constitution also provides for
popular elections of the mayor of the Federal Capital District
of Buenos Aires (previously appointed by the President), and
mandates Senate confirmation of Supreme Court justices by a
two-thirds vote.
The Constitution stipulates that the internal regulations of
political parties and party nominations for elections be
subject to affirmative action requirements to assure that women
are represented in elective office.  A 1993 decree required
that a minimum of 30 percent of all candidates on political
party lists be women.  Voters elected 20 new female members to
the Chamber of Deputies in the October 1993 elections; 1 female
deputy was reelected, and 7 served the balance of terms to
which they were elected in 1991.  In 1994 women occupied 13
percent of the seats in the Chamber of Deputies and 4 percent
of the Senate.  There were few ranking women officials in the
executive branch; they are, however, assuming positions of
greater authority in provincial and local governments.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights groups continue to be active, particularly
in cases of judicial and police abuse of authority.  The
Ministry of Interior's Secretariat for Human Rights works with
the federal and state governments to promote greater respect
for basic human rights among local authorities.  There are no
restrictions on visits or activities by international
humanitarian groups or organizations.
The Ministry of Interior created in 1994 an Institute Against
Discrimination, Xenophobia, and Racism, located in Bariloche.
Institute personnel will, among other things, have free access
to files on persons or groups involved in crimes committed
during the Second World War.
Section 5  Discrimination Based on Sex, Race, Religion,
           Disability, Language, or Social Status
The Constitution and federal law guarantee equality for all
citizens.  The 1988 Antidiscrimination Law establishes a series
of penalties from 1 month to 3 years' imprisonment for anyone
who arbitrarily restricts, obstructs, or restrains a person
based on "race, religion, nationality, ideology, political
opinion, sex, economic position, social class, or physical
characteristics."  There is no evidence of any systematic
effort by government or private groups to abridge these rights.
     Women
Provisions in the new Constitution have greatly enhanced
women's participation in politics.  However, women encounter
economic discrimination and sexual harassment, a situation
which has become more serious with the entry of large numbers
of women into the workplace in the last 10 years.  According to
a government report, women occupy a disproportionately large
number of lower paying jobs.  Within each job category, women
are concentrated in the lower ranks and receive the lowest
salaries.  Often they receive less pay for equal work done by
men even though this is explicitly prohibited by law.  Female
labor leaders pressured their male counterparts for affirmative
action programs within the trade union movement to counteract
this discrimination.  Women also make up a  disproportionately
large share of the informal sector, which effectively denies
them work-related economic and social benefits enjoyed by those
in the formal sector.
The National Women's Council and the Presidential Women's
Advisory Cabinet, created in 1992 and 1993 respectively, are
currently working on a 3-year government action plan to promote
equal opportunity and greater participation by women in
society.  In November 1993, President Menem signed a decree
against sexual harassment in the Federal Government.
Violence against women is a national problem; insensitivity
among police and judges sometimes discourages women from
reporting assaults, especially in domestic violence cases.  In
response, the National Women's Council has been working with
law enforcement authorities to include in their police training
curriculum material on handling cases of violence against women.
     Children
The new Constitution incorporates the U.N. Convention on the
Rights of the Child.  The Ministry of Interior's Human Rights
Secretariat works with United Nations Children's Fund and other
international agencies to promote children's rights and
well-being.  After detecting several cases of trafficking in
babies, the provincial authorities in Cordoba and Buenos Aires
began programs to improve registration and identification of
newborn infants.  The Chamber of Deputies approved a new
adoption law which will greatly restrict adoption of children
by those not resident in Argentina.  It offers more protection
to the children and the biological parents.
Historically, Argentina has had numerous programs to provide
public education, health protection, and recreational services
for all children, regardless of class or economic status.  It
recognizes there are problems of child abuse and prostitution,
and that those affected tend to be younger than previously.
The Government's National Council of the Child and the Family
works with federal and local agencies to improve child
protection programs.  Sixteen out of 24 provinces, as well as
the Federal Government have adopted child protection laws, the
most recent being the province of Buenos Aires which approved
new legislation in 1994.
     Indigenous People
The revised Constitution provides the right of minorities to be
represented in Government and incorporates international
agreements intended to promote their economic, social, and
cultural rights.  Estimates of the size of the indigenous
population vary from 60,000 to 150,000, but the National
Statistical Institute put the figure at below 100,000 as of
1992.  Most live in the northern and northwestern provinces and
in the far south.  Their standard of living is considerably
below the average, and they have higher rates of illiteracy,
chronic diseases, and unemployment.  Indigenous people and
groups are sometimes involved in disputes over tribal lands
which tend to be prolonged due to the inefficient court system.
     Religious Minorities
Two major events heightened the Jewish community's concerns
about anti-Semitism in Argentina:  The terrorist bombing of the
Argentine Jewish Mutual Association and the arrest and
extradition proceedings against ex-Nazi official Erich
Priebke.  Senior government officials, including the President,
expressed solidarity with the Jewish community after the
bombing and stated their commitment to find the perpetrators.
Even before the bombing, anti-Semitic incidents (threats,
assaults, graffiti) increased during the first 6 months of
1994.  The Government actively investigates these crimes.
     People with Disabilities
Congress approved a law aimed at eliminating physical barriers
to handicapped persons in 1994.  The law regulates standards
regarding access to public buildings, parks, plazas, stairs and
ramps, and pedestrian areas.  However, few buildings and public
areas in Buenos Aires or other cities currently offer easy
access to persons with disabilities.  Federal law also
prohibits discrimination against people with disabilities in
employment.
Section 6  Worker Rights
     a.  The Right of Association
With the exception of military personnel, all workers are free
to form unions.  Estimates regarding union membership vary
widely.  Most union leaders believe it to be about 40 percent
of the work force; government figures indicate union membership
at 30 percent.
Unions have the right to strike and the law protects members
who participate in strikes.  In 1994 major strikes occurred
without government interference against the privatized Greater
Buenos Aires Electric Power Utility and the aluminum smelting
plant in the southern province of Chubut.  However, in response
to a call for a general strike by trade union opponents of the
Government's economic policies, the Government declared the
strike illegal on the grounds that the constitutional right to
strike is intended to protect workers' economic interests but
not to be used as a political weapon.  However, the Government
did nothing to interfere with the 1-day work stoppage.
Argentine unions are members of international labor
associations and secretariats and participate actively in their
programs.
     b.  The Right to Organize and Bargain Collectively
The law prohibits antiunion practices and the Government
enforces it.  Argentine labor, the private sector, and the
Government reaffirmed these rights in a framework agreement
signed in July aimed at reforming labor-management relations in
the context of economic restructuring and increasing global
competitiveness.  The trend towards bargaining on a company
level, in contrast to negotiating at the national level, on a
sectoral basis continues, but the adjustment is not an easy one
for either side.  For this reason, the agreement proposes to
create a national mediation service to promote more effective
collective bargaining.
The Committee of Experts (COE) on the Application of
Conventions and Recommendations of the International Labor
Organization (ILO) took note of a Teachers' Union complaint
regarding restrictions on collective bargaining in certain
specified sectors and asked the Government to inform the ILO of
measures it may take or has taken to encourage voluntary
negotiations without impediments.  Workers may not be fired for
participating in legal union activities.  Those who prove they
have been discriminated against have the right to be reinstated.
There are no officially designated export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and there were no reports that
it was practiced.
     d.  Minimum Age for Employment of Children
The law prohibits employment of children under 14 years of age,
except within the family.  Minors aged 14 to 18 may work in a
limited number of job categories, but not more than 6 hours a
day or 35 hours a week.  Notwithstanding these regulations, a
Ministry of Labor report estimated that 200,000 children
between 10 and 14 years of age are employed, primarily as
street vendors or household workers.  Federal and provincial
labor authorities were not well equipped to cope with this
situation due to budgetary and personnel limitations.
     e.  Acceptable Conditions of Work
The national monthly minimum wage is $200 but is insufficient
to sustain an average family of four.
Federal labor law mandates acceptable working conditions in the
areas of health, safety, and hours.  The maximum workday is 8
hours and workweek 48 hours.  The framework agreement aims at
producing legislation to modernize the accident compensation
process and occupational health and safety norms.  In
responding to a complaint from the Congress of Argentine
Workers that work-related illnesses were not covered under the
existing workers compensation system, the ILO's COE urged the
Government to outline the measures it plans to take to fulfill
its obligations under ILO Convention 42 on worker compensation
(occupational diseases) which Argentina ratified in 1950.
Occupational health and safety standards are well developed,
but federal and provincial governments lack sufficient
resources to fully enforce them.  In spite of union vigilance,
the most egregious cases of inhumane working conditions
generally involve illegal immigrants who have little
opportunity or knowledge to seek legal redress.  In October and
November, authorities in Buenos Aires uncovered several
"sweatshops" employing illegal immigrants working under
deplorable conditions for minimal pay.  The Government closed
one sweatshop immediately; the closure of the others awaited a
court decision.
Workers have the right to remove themselves from dangerous or
unhealthful work situations, after having gone through a claim
procedure, without jeopardy to continued employment.
Nevertheless, workers who leave the workplace before it has
been proven unsafe run the risk of being fired; in such cases,
the worker has the right to judicial appeal, but this process
can be very lengthy.
ARMENIA1
iTITLE:  ARMENIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ARMENIA
After declaring its independence from the Soviet Union in
December 1991, Armenia began to establish the foundations of a
parliamentary democracy.  Legislative power is vested in the
Parliament, which, because no party or combination of parties
can consistently muster a majority or even a quorum, has been
unable either to approve a constitution or to pass crucial
legislation.  The President appoints the Prime Minister, who
presides over the Government.  The judiciary is not fully
independent of the other branches of government.  Parliamentary
elections are scheduled for May 1995, although Parliament has
yet to pass an election law.  Democratically elected President
Levon Ter-Petrosyan will face reelection in 1996 upon
completion of a 5-year term.  In December, President
Ter-Petrosyan temporarily suspended the activities of the
opposition Dashnak party on the grounds that a clandestine
terrorist organization subordinate to it was engaging in
political assassination, drug trafficking, and espionage.
The Ministry of Internal Affairs supervises the police, which
is responsible for maintaining order throughout the country.
Several police officers were charged with brutality in the past
year, and a number of cases go unreported.  The State
Directorate for National Security, while still responsible for
combating both external and internal threats, was reorganized
in January and is subordinate directly to the Office of the
President.
The 6-year-old conflict over the enclave of Nagorno-Karabakh in
neighboring Azerbaijan continues to dominate Armenia's
political and economic landscape.  After the hard-fought
offensive of the winter of 1993-94, which resulted in few
strategic gains despite thousands of casualties, the parties
reached an informal cease-fire agreement in May.  Formally
confirmed in July, the cease-fire was holding by year's end.
Landlocked Armenia has faced longstanding economic
strangulation due to instability in neighboring Georgia and
embargoes imposed by both Azerbaijan and Turkey as a result of
the conflict.  This, coupled with the economic chaos produced
by the breakup of the former Soviet Union, has devastated the
largely state-owned economy.  Critical shortages of fuel,
electricity, and raw materials severely reduced industrial
production, resulting in widespread unemployment.
Nevertheless, progress toward economic reform included moves to
privatize industrial enterprises and land and to liberalize
prices.  An agreement with the International Monetary Fund was
reached in November, calling for far-reaching economic reforms
in exchange for $395 million in international and bilateral
concessional loans.
In the absence of a new constitution, Armenia relies on the
International Covenant on Civil and Political Rights, adopted
by a 1991 parliamentary resolution, and those parts of the
Soviet Constitution still in force to protect human rights.
The Soviet-era Criminal Code allows suspects to be detained for
up to 72 hours without charge; and judges do not appear to be
sufficiently insulated from political pressure.  Within this
framework, the Government generally respects human rights,
although the suspension of major opposition newspapers as part
of a suspension of the Dashnak Party's activities has tarnished
the Government's record on respect for freedom of the press.
There were several instances of police brutality toward
detainees, many instances of forcible conscription of draft-age
men, and suspected executions of Azerbaijani prisoners of war.
The law forbids proselytizing, and the Government further
restricts the activities of "foreign and unregistered"
religious groups.  Armenian citizens are free to emigrate, but
those wishing to travel abroad are required to secure exit
permits from the Ministry of Internal Affairs.  In addition,
deeply ingrained attitudes result in societal discrimination
against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The only known extrajudicial killings in 1994 were the probable
executions of eight Azeri prisoners of war being held in
Yerevan.  The report of the Armenian Special Investigator
claims that the prisoners committed suicide (seven with the
same gun) after their escape attempt failed.  An independent
British forensic specialist, who examined the bodies after they
were returned to Azerbaijan, said the evidence pointed
overwhelmingly to execution, but he admitted that the
possibility of mass suicide could not be absolutely ruled out.
Representatives of independent international agencies maintain
that many would-be prisoners of war on both sides in the
Nagorno-Karabakh conflict are summarily executed at military
front lines.  Policemen who were awaiting trial in connection
with the 1993 death of a detainee in custody were released with
the understanding that they would not leave Yerevan.  All
subsequently fled and are now wanted.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, and Degrading
         Treatment or Punishment
In 1994 the General Prosecutor's office officially charged
three members of the police force with brutality, although many
cases go unreported.  The General Prosecutor's office
investigates allegations of mistreatment and files criminal
charges if its investigation reveals evidence to support the
allegations and if there is a serious violation of the law.  It
refers less serious cases to the Ministry of Internal Affairs
for administrative action.  Two of the officers accused of
brutality were administratively disciplined, while the third
faces criminal charges.
Information on prison conditions is not available, but they are
believed to be harsh.  The International Committee of the Red
Cross had access to prisoners of war from the Nagorno-Karabakh
conflict until October.  At the end of the year, it was still
discussing with the Armenian authorities renewed and regular
access to all prisoners held in connection with the conflict.
     d.  Arbitrary Arrest, Detention, or Exile
According to the Criminal Code, much of which dates from the
Soviet era, suspects may be detained and held without charge
for up to 72 hours.  A suspect has the right to be represented
by a lawyer, and the police must notify the suspect's relatives
if requested.  After arrest, a suspect may be jailed for up to
3 months pending trial and completion of the investigation, or
up to 9 months by special order of the Prosecutor.  If no
indictment is handed down during that time, a suspect must be
released.  There is no provision for bail or for trial by jury
in Armenian law.
Once criminal or civil charges have been filed, the law
requires a trial within 1 month.  In practice, due to current
conditions in Armenia, the deadline often is not met.  In most
cases, however, pretrial detention will not exceed 3 months.
The Criminal Code permits the exile of citizens under certain
circumstances, but no one has been exiled since Armenia became
independent.
     e.  Denial of Fair Public Trial
Armenia's criminal justice system, including its courts, laws,
and procedures, follows the former Soviet model.  The courts of
general jurisdiction may hear criminal, civil, and juvenile
cases.  District courts try the overwhelming majority of such
cases, but a Supreme Court tries some.  Both may act as the
court of first instance, depending on the nature and
seriousness of the crime.
Prosecutors, like the courts, are organized into offices at the
district and republic levels and are ultimately responsible to
the Prosecutor General, appointed by the President.
Prosecutors and defense attorneys by law have equal status
before the courts.  In practice, prosecutors still are very
influential because court proceedings are not conducted in an
adversarial manner.  Prosecutors direct all criminal
investigations, which are usually conducted by the Ministry of
Internal Affairs.
Cases at the district court level are tried before a panel
consisting of one judge and two lay assessors.  Judges
frequently send cases unlikely to end in convictions back to
the prosecutor for "additional investigation."  Such cases may
then be dropped or closed, occasionally without informing the
court or the defendant.
In their work, judges are not fully independent of the other
branches of government.  The Ministry of Justice nominates
Supreme Court judges, whose candidacies are reviewed by a panel
of their peers before being forwarded to Parliament for
approval.
Trials are public except when government secrets are considered
at issue.  Defendants may confront witnesses and present
evidence.  The court appoints an attorney for indigent
defendants.  Defendants have the right of appeal.
There were no reports of political prisoners in Armenia.  A
former presidential aide and member of the opposition, Vahan
Avakyan, convicted of attempting to divulge state secrets, was
sentenced to a jail term of 4 years.  His sentence was upheld
by the Supreme Court.  The arrest and trial were controversial
both because of the circumstances surrounding the case and
alleged procedural irregularities.  Opposition leaders and some
members of Parliament claim that Avakyan is a political
prisoner and have called for the creation of an independent
commission to investigate the case.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Apart from the provisions of the International Covenant, there
is no legal protection for the privacy of citizens, their
communications, and their correspondence.  Procedurally, the
Directorate of National Security must petition the General
Prosecutor's office for permission to tap a phone or intercept
correspondence.  The General Prosecutor's office purportedly
must find a compelling need for a wiretap before it will grant
the agency permission to proceed.  One of the leading
opposition parties claimed to have discovered unauthorized
wiretaps on its office telephones, but there was no official
investigation of these allegations.
There were many instances of interference with privacy during
waves of army conscription in 1994.  Military recruiters
appeared at houses where draft-age men were reported to live
and often threatened or detained the occupants or inflicted
material damage.  They seized draft-age men in public places,
such as markets, theaters, and the subway.  There are credible
reports that Armenian and Nagorno-Karabakh officials forcibly
conscripted refugees from Nagorno-Karabakh and Azerbaijan.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Law on Information provides for freedom of speech and the
press, and the Government generally respects these rights.
The press is generally free and contains a wide variety of
political opinion and criticism of the Government.  However, as
a result of a December 28 presidential directive, the
publication of Dashnak Party newspapers and journals has been
halted.  The Ministry of Justice registers all publications and
broadcasting organizations, which must state their general
subject matter.   It is required to act on applications for
registration within 1 month of receipt.
There is no prepublication censorship.  However, the Government
reportedly supplies all mass media editors with a list of
forbidden subjects, including sensitive military information in
categories such as the draft and army recruitment, information
on military structure, civil defense arrangements, finance,
communications, transport, and science and technology.  There
were no known prosecutions in 1994 for violations of this
injunction.
Shortages of fuel, paper, electricity, and other supplies
sometimes delayed or prevented the publication or distribution
of the print media.  There was no indication that the
Government used such problems to control or influence the
media.  On October 21, the offices of the Ramkavar Party's
newspaper were firebombed.  Investigations by the Ministry of
Internal Affairs into this and a series of other attacks on
journalists and media offices in late 1994 turned up no
suspects.  Attacks targeted both government-sponsored and
opposition media outlets.
The Government controls broadcasting almost entirely.  There is
one functioning independent radio station, one independent
television company, which rents air time from a state channel,
and several small independent cable television companies which
are only licensed to show films.  In December the Government
voided a contract with Radio Free Europe/Radio Liberty to
provide local rebroadcasts of Radio Liberty programming.  It is
widely assumed that the contract was canceled for political
reasons.
The Ramkavar Party newspaper AZ6 was able to register bylaws
for a second independent radio station on November 16, but the
station is not yet operating.  State television provides a
total of 15 minutes of broadcast time per week for all
opposition political parties.  However, the opposition NDU and
Dashnak Parties reportedly were both recently denied their time
slots.  Representatives of other opposition parties appeared
regularly on political discussion programs.  A shortage of
electricity limited television time to about 6 hours per day.
     b.  Freedom of Peaceful Assembly and Association
In the absence of an Armenian law, the International Covenant
provides for freedom of peaceful assembly and association.
Public demonstrations, meetings, and marches occurred
frequently in 1994 without any apparent interference by the
authorities.  The Soviet-era Law on Meetings remains valid and
requires those wishing to stage marches or demonstrations to
obtain a permit.  The procedure for obtaining a permit is not
onerous, and there were no known instances of its arbitrary
abuse.
The Ministry of Justice registers social and political
organizations, but the Government does not attempt to control
the opposition through the registration process.  The Ministry
has registered some 661 organizations to date, among them many
political parties and groups.
     c.  Freedom of Religion
The 1991 Law on Religious Organizations provides for freedom of
conscience but imposes some restrictions on religious freedom.
It establishes the separation of church and state and
recognizes the Armenian Apostolic Church, with which over 80
percent of the population is at least nominally affiliated, as
the predominant denomination.  The law forbids proselytizing
and refuses registration to organizations whose doctrine is not
based on "historically recognized holy scriptures."  An
unregistered religious organization may not own property,
publish a newspaper or magazine, rent a hall or other
meetingplace, sponsor television or radio broadcasts, or
officially sponsor the visas of visitors to Armenia.
A 1993 Presidential Decree according the right to "restore and
develop the spiritual life of the Armenian people" to the
Armenian Apostolic Church supplements the 1991 Law.  By
enjoining the Council on Religious Affairs to investigate the
activities of the representatives of registered religious
organizations and to ban missionaries who engage in activities
contrary to their status, the decree called into question the
legitimacy of all other religious groups.   Some religious
groups were obliged to reregister in the wake of the decree,
often on condition that they alter their statutes to include a
ban on proselytizing.  Some groups, such as the Mormons, were
quietly discouraged from applying for registration and have
kept a low profile.  The Hare Krishnas, in particular, were
victims of harassment and several attacks; the authorities were
neither responsive nor sympathetic.  The Government refused to
release 30 tons of religious literature to the Krishna group,
claiming that receipt of the books was tantamount to
proselytizing.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict internal or international
travel for political reasons.  Armenians may not obtain travel
passports, however, if they lack invitations from the country
that they wish to visit, if they have knowledge of state
secrets, or if their relatives have made financial claims
against them.  The Soviet-era Office of Visas and Registrations
(OVIR) continues to impede travel and emigration through delays
and the creation of various bureaucratic obstacles, including a
requirement for "exit permission."
Some 200,000 people, virtually the entire ethnic Azeri
population of Armenia prior to independence, took refuge in
Azerbaijan.  After the 1988-89 anti-Armenian pogroms in
Azerbaijan connected with the conflict over control of
Nagorno-Karabakh, the Government discriminated against these
ethnic Azeris and allowed the local population to intimidate
them, often violently, as a way to drive them out of the
country.  The Government forcibly deported many, and the rest
fled.  It appears increasingly unlikely that these people will
be able to return, as is also the case for the nearly 400,000
Armenian refugees who fled Azerbaijan after the pogroms.  There
have been unconfirmed reports of ethnic Armenians resettling in
territories occupied by Nagorno-Karabakh Armenian military
forces.  Such actions, if true, would hamper peaceful
settlement of the conflict and the return of refugees.
The Government does not in any way actively hinder emigration.
In fact, it is estimated that as much as one-third of Armenia's
population has temporarily or permanently left the country
during the last 6 years.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Although democracy is not yet firmly rooted in Armenia,
citizens exercised their right to change their government
peacefully in 1990 when the Armenian National Movement (ANM)
defeated the Communist Party in relatively free parliamentary
elections.  As Parliament began to function, its members
affiliated themselves with new parties being formed.  At
present, 12 parties and associations are represented in
Parliament, and many others are active.  The ANM, which
supports the President, lacks a majority of deputies in
Parliament.
In the absence of a new constitution, the Government's
legitimacy rests on the 1990 Law on the Presidency and the 1991
Law on Parliament.  The Law on Parliament established a
multiparty system.  The large number of seats won by those
occupying full-time jobs in local government offices around the
country and Armenia's economic problems have frequently made it
difficult to muster a quorum, thus limiting the effectiveness
of Parliament.  On December 21, 46 opposition and independent
deputies resigned their parliamentary commissions in protest
over what they called government ineffectiveness.  Their action
appears to be serious and will make it almost impossible for
the Parliament to muster a quorum prior to new elections in May
1995.
On December 28, President Ter-Petrosyan temporarily suspended
one of the largest opposition parties, the Armenian
Revolutionary Federation (ARF, also known as "Dashnaks"), on
the grounds that the party was operating a clandestine
terrorist organization involved in drug smuggling,
assassination, and espionage.  Several party members were
arrested in conjunction with these activities, and Dashnak
newspapers were closed.  Armenian government officials
indicated that the Dashnaks could reorganize and the ARF could
again be registered as a political party if it purged itself of
criminal elements.  Leaders of the Dashnak party have denounced
the suspension.  The question of what requirements the Party
will have to fulfill in order to reconstitute itself was under
review in early 1995 by the Ministry of Justice.
Women and members of minority groups play a very limited role
in government and politics.  Currently, there are no women or
minority group members in Cabinet-level positions, and only 9
of the 240 deputies in Parliament are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are several fledgling human rights groups, which operate
freely and openly criticize the Government's human rights
policies.  The Government generally cooperates with human
rights investigations and supports the presence of
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The International Covenant prohibits discrimination.  Since
independence, Parliament has passed laws to protect against
discrimination based on religion or language, and the
Government generally respects these rights.  Societal
discrimination against women continues.
     Women
Armenia remains a male-dominated society.  Women are typically
expected to do the housework and raise the family even if they
have a full-time job.  In the workplace, they are generally not
afforded the opportunities for training and advancement given
to men.  The 1992 Law on Employment, however, prohibits
discrimination in employment.  The extremely high unemployment
rate makes it difficult to gauge how effectively the law has
been implemented to prevent discrimination.
Violence against women does exist.  Between January and October
1994, there were 21 reported rape cases; there were no reports
of spousal abuse.  It is likely that many more incidents go
unreported.  For those convicted of rape, the average prison
sentence is from 5 to 10 years.
     Children
The Government has taken steps to insulate large families (four
children or more) from current difficult economic
circumstances, and foreign humanitarian aid programs have also
targeted large families.  However, Armenia does not have the
means, given the current economic situation, to provide fully
for the welfare of children.  Child abuse does not appear to be
a serious problem.
     People with Disabilities
In 1993 Parliament passed a law on invalids that in principle
provides for the social, political, and individual rights of
the disabled.  The law does not mandate the provision of
accessibility for the disabled, however, and public concern
about the rights of the disabled remains very limited.
Section 6  Worker Rights
     a.  The Right of Association
The 1992 Law on Employment guarantees employees the right to
strike and to form or join unions of their own choosing without
previous authorization.  The vast majority of existing trade
unions, holdovers from the Soviet period, were not freely
chosen by workers.  About 80 percent of Armenia's work force
are members of unions.
A 1993 Presidential Decree prohibits the Government and other
employers from retaliating against strikers and labor leaders,
and the Government enforces its provisions.  A number of
strikes occurred in 1994; the Government did not appear to
hinder them.
Unions are free to affiliate with international bodies and to
form federations.
     b.  The Right to Organize and Bargain Collectively
The 1992 Law on Employment provides for the right to organize
and bargain collectively.  However, most enterprises,
factories, and organizations remain under state control.
Therefore, voluntary, direct negotiations cannot take place
between unions and management without the participation of the
Government.
Collective bargaining is not practiced.  The Government sets
wages in state-owned industries with reference to the
prevailing minimum wage.  It encourages profitable factories to
establish their own pay scales.  The factory's management
generally sets wage scales without consulting the employees.
Arbitration courts adjudicate wage and other labor disputes.
These courts have acted in the past to compel the reinstatement
of employees fired because of their labor activism.
Armenia has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The 1992 Law on Employment prohibits forced labor, and it is
not practiced.  Local councils of deputies, unemployment
offices, and, as a final board of appeal, the Arbitration
Commission enforce this prohibition.
     d.  Minimum Age for Employment of Children
According to the 1992 Law on Employment, 16 is the minimum age
for employment.  Children may work from age 14 with the
permission of a medical commission and the relevant labor union
board.  Child labor is not practiced.  Local councils of
deputies, unemployment offices, and, as a final board of
appeal, the Arbitration Commission enforce the law.
     e.  Acceptable Conditions of Work
The minimum wage is set by governmental decree and was
increased periodically during 1994.  The minimum wage in
September was about $0.50 per month.  Employees paid the
minimum wage cannot support either themselves or their
families.  Almost all enterprises are either idle or operating
at only a fraction of their capacity.  Workers still on the
payrolls of idle enterprises, who have not been put on
indefinite, unpaid leave status, continue to receive two-thirds
of their base salary.  As a result of the economic dislocations
caused by the breakup of the Soviet Union, the 1988 earthquake,
the conflict in Nagorno-Karabakh, and the resultant disruption
in Armenia's trade, the overwhelming majority of Armenians live
below the officially recognized poverty level.  The standard
legal workweek is 41 hours.
Soviet-era occupational and safety standards remain in force.
Labor legislation from 1988 places responsibility on the
employer and the management of each firm to ensure "healthy and
normal" labor conditions for employees, but it provides no
definition of "healthy and normal."
AUSTRALI1
VZVZTITLE:  AUSTRALIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          AUSTRALIA
Australia has a federal system of government and a long history
as a multiparty parliamentary democracy.  Federal, state, and
local police carry out their functions in accordance with the
law, which respects and safeguards individual human rights.
A highly developed economy, which includes manufacturing,
mining, agriculture, and services, provides most Australians
with a high per capita income.  A wide range of government
programs offers assistance for the minority of relatively
disadvantaged citizens.
Laws provide for basic human rights; the Government respects
and enforces these laws.
The Government administers many programs to improve the
socioeconomic conditions of Aboriginals and Torres Strait
Islanders, who together form about 1.6 percent of the
population, and to address longstanding discrimination against
them.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killing.
The April 1991 report of the Royal Commission investigating the
deaths of Aboriginals and Torres Strait Islanders in official
custody stated that, although the deaths were not caused
deliberately by police or prison officials, "in many cases
death was contributed to by system failures or absence of due
care."  The Commission found that indigenous Australians died
at approximately the same rate as others in prison, but it
stressed that they were arrested at a rate 29 times that of
whites (see also Section 1.c.).
In a report issued in June, the Australian Institute of
Criminology stated that the number of Aboriginal deaths in
custody remained at 8 in 1993--the same number recorded for
1992, and significantly fewer than that for 1991 (12).
Further, the rate of deaths per 1,000 persons in custody in
1993 stayed significantly lower for Aboriginals than for others
(i.e., this was the case for the second straight year).  That
represented a notable improvement over 1991 data which attested
to a somewhat higher death rate among Aboriginal prisoners.
In terms of all prisoners, however, the Institute noted that
the total number of deaths increased to 74 in 1993.  This was
the highest figure recorded since 1987 and contrasted with data
for 1991 and 1992, in which the total number of deaths remained
essentially constant (65 and 64, respectively).
     b.  Disappearance
There were no reports of political disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits all such practices, and the authorities
generally respect these prohibitions.  However, the Royal
Commission investigating the deaths of Aboriginals and Torres
Strait Islanders in custody indicated it had found credible
evidence that indigenous Australians had frequently been
mistreated while in custody.  It recommended several steps to
reduce the number of arrests and improve the treatment of
prisoners.  During 1994 federal and state authorities continued
to address the problem of deaths and mistreatment of indigenous
Australians in custody by means of police reform, including
improved detention procedures and training courses in
Aboriginal culture.
     d.  Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest and imprisonment.  This
prohibition is respected in practice.
     e.  Denial of Fair Public Trial
A well-developed system of federal and state courts,
independent of the executive and legislative branches, ensures
the right to fair trial.  Both in law and in practice,
defendants enjoy rights to due process, including the
presumption of innocence, the right to confront witnesses, and
the right of appeal.  With regard to indigent defendants, all
Australian states except New South Wales oblige persons charged
with criminal offenses to meet a merit test before qualifying
for legal aid.  The purpose of the merit test is to save the
Government from "wasting funds on unwinnable cases."  Under
these procedures, many, but not all, defendants in serious
criminal
cases have been found to deserve legal counsel.
Defendants who receive an unfavorable decision may appeal to a
panel of independent lawyers and social workers appointed by
the Legal Aid Commission.  The High Court has stated that it
would be an exceptional case in which a person accused of
serious charges could be tried fairly without a lawyer.
The Government provides legal counsel for all persons of
Aboriginal or Torres Strait Islander descent.  Defendants
appearing before a defense force magistrate are likewise exempt
from the merit test.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
By law, the authorities may not conduct searches without a
judicially issued warrant, and in practice they do not do so.
The Government respects the privacy of family, home, and
correspondence.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
A democratic political system, a highly professional judiciary,
and diverse, vigorous, and independent news media combine to
protect freedom of speech and press and full academic freedom.
Australia does not have a bill of rights, and from time to time
a few journalists have been subjected to court proceedings
aimed at compelling them to reveal confidential sources.  In
1994, however, there were no reports of such cases.
The Northern Territory and five of Australia's six states (all
but Western Australia) prohibit public disrespect, e.g., verbal
abuse directed toward police or other officials.  Spokespersons
for Aboriginal groups charge that these laws are enforced in a
racially discriminatory manner.
     b.  Freedom of Peaceful Assembly and Association
Although not codified in law, citizens exercise these freedoms
without government restriction.
     c.  Freedom of Religion
Australians have complete freedom of religion.  A provision in
the Constitution precludes the adoption of a state religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government imposes no restrictions on movement within or
outside the country and respects the rights of emigration and
repatriation.
The Government repatriates boat people whose applications for
asylum or humanitarian admission are denied.  In late 1992, the
Australian High Court upheld the Government's right to detain
boat people pending adjudication of their cases.
Representatives of the United Nations High Commissioner for
Refugees have commended Australia for speeding up official
processing of refugee claims, while recommending that the
Government adopt a policy of administrative release into the
community under appropriate safeguards.  Parliament's Joint
Standing Committee on Migration advanced a similar proposal on
March 2, recommending standardized procedures that would permit
release into the community of boat people detained for more
than 6 months, those whose continued detention resulted from
inaction or administrative error, and others who met specified
conditions.  The Government, however, rejects such proposals,
arguing that all unauthorized entrants and their children
should remain in detention until final disposition of requests
for asylum or refuge, even though administrative appeals and
lawsuits can take several years.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Australians elect representatives to a two-chamber federal
parliament as well as to numerous state and local bodies
through free and open elections.  Voting by secret ballot is
compulsory in general elections for Australians 18 years of age
and older.  Voters who do not at least collect ballots may be
fined, and fines are in fact levied.
Indigenous people participate fully in Australia's political
process, doing so as voters, members of political parties, and
candidates for elected office.
Although no legal impediments exist to prevent women from
holding public office, in practice, relatively few women are
elected to public office (e.g., only about 14 percent of
current Members of Parliament are women).  In September, the
Australian Labor Party (ALP) formally decided that, by the year
2000,
women will be 35 percent of its nominees for "winnable
seats."  The Liberal Party has likewise declared it wishes to
increase the number of female candidates, but it has not
adopted a specific quota.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Nongovernmental human rights organizations operate freely, and
the Government grants unimpeded access to all international
groups investigating alleged human rights violations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
In a July report on equality before the law, the Australian Law
Reform Commission, a government-funded advisory body reporting
to the Attorney General on possible law reforms, concluded that
women face systemic discrimination within the legal system.
The Commission found that discrimination against women
permeates substantive law, judicial interpretation, and women's
access to appropriate legal services.  Although this reflects
women's unequal social and economic status, the Commission
believes that the legal system contributes to the inequality
and tends to perpetuate and exacerbate it.  The Commission
recommended the immediate establishment of a national women's
justice program in which the federal, state, and territorial
governments would work together to address women's needs in the
areas of legal representation, legal advice and referral,
community legal education, development of the law, research and
data collection, court processes, and facilities.
The Federal Sex Discrimination Act of 1984 prohibits
discrimination on the basis of sex, marital status, or
pregnancy.  The Affirmative Action Act of 1986 also obliges
employers to provide equal employment and equal promotion
opportunities for female employees.  The Department of
Industrial Relations and the Sex Discrimination Commissioner
receive complaints and attempt to resolve those that they find
valid.  They mainly do this by seeking to persuade employers to
comply with the law, but can also decide to refer complaints to
the Attorney General's Department and recommend legal action.
Overall, enforcement is reasonably effective.  Pay equity as a
legal right went into force on March 30.
In an effort to end violence against women, the Government
continued its community education campaign, begun in 1991 and
operating under a 3-year budget of about $2.3 million.  Social
analysts and commentators estimate that domestic violence may
affect as many as one Australian family in three or four.
However, government officials stress that, because of
underreporting and the lack of an agreed method for collecting
statistics, it is impossible to provide an accurate national
profile of the number of women who are victims of domestic
violence.  The Government is currently considering a national
survey on violence against women in order to provide baseline
data.
     Children
The Australian Institute of Health and Welfare estimates 20,000
children are victims of child abuse or are at significant risk
of abuse each year.  This is somewhat less than 0.5 percent of
persons under 17, but the president of the Australian Medical
Association stresses that many cases of neglect and abuse are
not reported.  The six states and two territories investigate
complaints of neglect or child abuse and institute practical
measures aimed at protecting the child (e.g., placement in
foster homes) when such complaints prove founded.
On June 30, Parliament enacted a law that prohibits sexual
relations and other indecent acts with children on the part of
Australians who are visiting other countries.  Offenders, as
well as organizers of travel for such purposes, may be
prosecuted in Australia.  The maximum penalty is 17 years'
imprisonment.  By year's end, no prosecutions under this law
had taken place.
     Indigenous People
The Racial Discrimination Act of 1975 prohibits discrimination
on grounds of race, color, descent, or national or ethnic
origin.  In practice, however, the community services provided
to Aboriginals and Torres Strait Islanders tend to be
distinctly inferior, and Aboriginal spokespersons charge that
police are less responsive to requests for law enforcement
services which originate in Aboriginal rather than in other
communities.
Even though Aboriginal Australians constitute about 1.6 percent
of the population at large, Aboriginal prisoners exceed 15
percent of the overall total.  In May Minister for Aboriginal
and Torres Strait Islander Affairs Robert Tickner criticized
the states' lack of action on various recommendations put
forward by the 1991 report of the Royal Commission on deaths in
custody.  "Across Australia," Tickner said, "There has been an
abject failure by state and territory governments to tackle
this deplorable overrepresentation" of Aboriginals in prison.
He called for a "radical reassessment" of criminal justice
policies.
In much of Australia, the incidence of arrest of Aboriginals
and Torres Strait Islanders for minor street crimes is
disproportionately high.  Public drunkenness remains a criminal
offense in three states (Queensland, Victoria, and Tasmania),
even though decriminalization was one of the 1991 Royal
Commission's key recommendations.  Drunkenness is no longer an
offense in New South Wales.  However, instead of being charged
with drunkenness, disproportionate numbers of indigenous
Australians are arrested for violating a provision of the
state's criminal code which proscribes "conduct ... in an
offensive manner in ... a public place."  New South Wales is
conducting small-scale trials of an alternative procedure that
would not require arrests under such circumstances.  In effect,
a court summons that would resemble a traffic ticket would
direct the offender to appear in court and answer charges on a
specified date.
The states have established racial-sensitivity training
programs for police officers, as well as advisory bodies and
other outreach programs which seek to improve police relations
with Aboriginal communities.  In spite of notable and
praiseworthy improvements in particular localities, there is no
evidence to suggest that current approaches have been effective
in reducing arrests nationwide.
Because Aboriginals are the most disadvantaged group in
relation to education, housing, health, and employment
(unemployment is three times the national average), the federal
and state governments provide special services which supplement
the broad range of programs that are available to all
Australians.  These special services are aimed at improving
socioeconomic conditions among indigenous Australians.  The
Aboriginal and Torres Strait Islander Commission gives
indigenous Australians control over many government programs
intended for their benefit.  The Council for Aboriginal
Reconciliation is coordinating a 10-year program to promote
better understanding between indigenous Australians and others.
Aboriginal spokespersons generally support federal and state
programs but often describe them as underfunded.  They note
that much of the underlying problem of racial discrimination
stems from deeply rooted personal attitudes and views and
express doubt that government programs will produce notable
results in the short run.  In addition, they question whether
federal and state police authorities have shown sufficient
diligence and energy in pursuing police reform.
Most Aboriginals and Torres Strait Islanders welcomed landmark
legislation (December 1993) which established federal tribunals
to adjudicate claims to land ownership by groups of indigenous
Australians who can demonstrate active association and
uninterrupted use (native title).  But most indigenous
Australians cannot meet this test, and Parliament is
considering draft legislation that would establish a national
trust fund to purchase land for them.
     People with Disabilities
The Disability Discrimination Commissioner, a member of the
Human Rights and Equal Opportunity Commission, promotes
compliance with federal law prohibiting discrimination against
the disabled.  The Commissioner also promotes more energetic
implementation and enforcement of state laws that require equal
access and otherwise protect the rights of disabled persons.
Section 6  Worker Rights
     a.  The Right of Association
Australian law and practice provide workers, including public
servants, freedom of association domestically and
internationally.  Approximately 40 percent of the work force is
unionized.
Unions carry out their internal functions free of government or
political control, but most local affiliates belong to the
state's branch of the ALP.  Union members must make up at least
60 percent of the delegates to ALP congresses, but unions do
not participate or vote as a bloc.
There are no restrictions on the right to strike.  Legislation
which went into force on March 30 for the first time legalized
what had long been a de facto right to strike.
Laws and regulations prohibit retribution against strikers and
labor leaders, and they are effectively enforced.  In practice,
employers tend to avoid legal remedies (e.g., secondary boycott
injunctions) available to them in order to preserve long-term
relationships with their unions.
Since 1992 the Federal Government has used its adherence to
International Labor Organization (ILO) conventions to override
state objections to new labor relations legislation.  Major
provisions (right to strike, parental leave, pay equity,
minimum wage, and protection from unfair dismissals and hiring
discrimination) of the 1994 legislation referred to above were
deliberately based on ILO conventions and recommendations, as
well as on broader U.N. conventions and covenants.
However, the official employers' representative to the ILO, the
Australian Chamber of Commerce and Industry, formally
complained to the ILO Committee on Freedom of Association in
June that the new legislation actually restricts employers from
bargaining freely with their employees without impediment
because it contains vestiges of the old system, namely
compulsory arbitration and centralized wage-fixing.  The ILO
has not yet issued a ruling on this complaint.
Unions may freely form and join federations or confederations,
and they actively participate in international bodies.
     b.  The Right to Organize and Bargain Collectively
Australian law and practice give workers the right to organize
and bargain collectively, and they protect them from antiunion
discrimination.
Officials administer centralized, minimum wage awards and
provide quasi-judicial arbitration, supplemented by
industrywide or company-by-company collective bargaining.
The Government's 1994 legislation aimed to facilitate
decentralized collective bargaining, keyed to individual
enterprises, in order to relate wage increases more directly to
gains in productivity.  Workers can trade fringe benefits for
greater wage increases, but must register their agreement with
the Australian Industrial Relations Commission, which insures
that they suffer no net disadvantage.  The legislation also
created an industrial relations court to adjudicate disputes,
especially the failure to bargain in good faith, arising from
the increased use of enterprise-level bargaining.
Export processing zones do not exist.
     c.  Prohibition of Forced or Compulsory Labor
Although there are no laws prohibiting it, forced labor is not
practiced in Australia.
     d.  Minimum Age for Employment of Children
There is no federally mandated minimum age for employment, but
state-imposed compulsory education requirements, monitored and
enforced by state educational authorities, effectively prevent
most children from joining the work force until they are 15 or
16 years of age.  Federal and state governments monitor and
enforce a network of laws, which vary from state to state,
governing minimum school-leaving age, minimum age to claim
unemployment benefits, and minimum age to engage in specified
occupations.
     e.  Acceptable Conditions of Work
Although a formal minimum wage exists, it has not been relevant
in wage setting since the 1960's.  Instead, 80 percent of
workers are covered by differing minimum wage rates for
individual trades and professions, all of which are sufficient
to provide a decent standard of living for a worker and his
family.  However, cottage industry work has grown recently,
especially in the clothing industry.  These workers, working at
home and paid by piecework, commonly earn less than $1.50
(A$2.00) hourly, not enough to maintain decent living
standards.  The ALP, at its September 1994 Congress, noted that
such workers are almost always women (frequently immigrants);
it urged the Government to investigate this phenomenon and
afford such workers the wide range of protections and
entitlements found in the formal labor market.
Most workers are employees of incorporated organizations.  For
them, a complex body of government regulations, as well as
decisions of the applicable federal or state industrial
relations commission, prescribe a 40-hour or shorter workweek,
paid vacations, sick leave, and other benefits, including at
least one 24-hour rest period per week.
Federal or state safety laws apply to every workplace.
The Occupational Health and Safety (Commonwealth Employment)
Act of 1991 gives a federal employee the legal right to cease
work if he or she believes that particular work activities pose
an immediate threat to individual health or safety.  Most
states and territories have laws that grant similar rights to
their employees.  At a minimum, private sector employees have
recourse to state health and safety commissions, which will
investigate complaints and demand remedial action.
AUSTRIA1
DTITLE:  AUSTRIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            AUSTRIA
Austria is a constitutional democracy with a federal structure,
a bicameral parliament, a directly elected head of state, and
an independent judiciary.
The police and security organs are subordinated to the
executive and judicial authorities.
Austria's highly developed market-based economy, with its mix
of technologically advanced industry and modern agriculture,
affords its citizens a high standard of living.
Human rights are highly respected in Austria; individual rights
and political freedoms are provided for in the Constitution and
generally protected.  However, there continued to be occasional
reports of abuse by police.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of politically motivated abductions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture is banned by the European Convention for the Protection
of Human Rights and Fundamental Freedoms, which is incorporated
into the Constitution.
There were occasional allegations of police brutality in 1994,
as in previous years.  Amnesty International accused the
Government of inhuman and degrading treatment or punishment of
foreigners in 1992 and 1993 while they were in detention
pending deportation.  The Interior Minister rejected the
accusations as "referring to cases that occurred years ago
(sic) and have since been invalidated."  In one of these cases
the accused police officer was charged, found guilty, and fined
under the Penal Code, which prohibits tormenting or neglecting
a detainee.  Authorities could not verify other accusations or
were unable to determine culpability.  Amnesty International
continues to look into judicial investigations of the
complaints.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary detention or exile.
In criminal cases the law provides for investigative or
pretrial detention for up to 48 hours, except that in cases of
charges of "aggressive behavior" an investigative judge may
within that period decide to grant a prosecution request (if
any) for detention up to 2 years pending completion of an
investigation.  The grounds required for such investigative
detention are specified in the law, as are conditions for
bail.  A January 1994 reform of the law requires the
investigative judge to evaluate an investigative detention at 2
weeks, 1 month, and every 2 months after the arrest.  In the
first quarter of 1994, the reform led to a 30-percent decrease
of persons held in detention pending investigation, compared
with the same period in 1993.
     e.  Denial of Fair Public Trial
The judiciary is independent of the executive and legislative
branches.  Judges are appointed for life, and may not (in
principle) be removed from office.  Jury trials are prescribed
for major offenses, and convicted persons have the right of
appeal.  Written charges must be presented to the accused, who
has the right to be represented by a lawyer.  Accused persons
are presumed innocent, and trials are public.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides for the protection of personal data collected,
processed, or transmitted by government agencies, public
institutions, or private entities.  The Constitution protects
the secrecy of mail and telephone communications.  A 1991 law
introduced permanent parliamentary control over the state
police and the military secret service.  Parliamentary
subcommittees to oversee these organs were established in
September 1993.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
These freedoms are provided for by the Constitution, and are
generally respected, although stringent slander laws tend to
discourage reports of police brutality.  Austria has a free and
independent press, ranging from conservative to Communist.
Publications may be removed from circulation if they violate legal
provisions concerning morality or public security, but
such cases are extremely rare.  A 1992 law that lowered the
minimum sentences for public denial, belittlement, approval, or
justification of Nazi crimes has had the desired effect of
increasing the conviction rate of accused neo-Nazis.
Austrian radio and television are government monopolies but
they present diverse points of view.  There have been no known
complaints of either direct or subtle censorship.  A law passed
in July 1993 allowed for establishment of private radio
stations.  Austrians have wide access to international
broadcasts via radio and cable television.
Freedom of academic expression is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, except for Nazi organizations and activities (an
exception stipulated also in the Austrian State Treaty of
1955).  Public demonstrations require a permit from the police
authorities, who are limited to considering only the
public-safety aspect of the proposed demonstration, not its
political purpose.  Permits are routinely issued.  The Law on
the Formation of Associations stipulates that permission to
form an organization may be denied if it is apparent that the
organization will pursue the illegal activities of a prohibited
organization.
     c.  Freedom of Religion
While the Constitution incorporates the Treaty of St. Germain,
which restricts this freedom to religions deemed compatible
with public safety and morality, no religions have been banned
or hampered, and practitioners of all faiths worship free of
governmental interference.  To qualify as a recognized
religious organization under Austrian law, a religious group
must register with the Government.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict movement within or out of
Austria (including emigration).  Citizens who leave the country
have the right to return at any time.
As a result of a tightening of asylum regulations, applications
continued to drop in 1994.  A report by the Office of the U.N.
High Commissioner for Refugees (UNHCR) designates Austria as
one of only two Western European nations that are "not a safe
third country," on the grounds that the Austrian Government
denied asylum to persons charged with crimes carrying the death
penalty, and that it incorrectly interpreted the 1951
Convention on Refugees with regard to victims of civil wars.
Human rights organizations continue to criticize a 1993 law
establishing a quota system for foreign residents, because it
makes no distinction between new immigrants and those already
resident as guest-workers, and it limits and delays family
reunification.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution requires that national elections be held at
least every 4 years.  Suffrage is universal for citizens over
age 19, and balloting is secret.  The 183 members of
Parliament's lower house, the National Council, are directly
elected for 4-year terms, while the 63 members of the upper
house, the Federal Council (whose powers are mainly advisory),
are elected by the legislatures of the nation's nine provinces
for terms of 4 to 6 years.  The president (head of state) is
elected by direct popular balloting.  The chancellor (prime
minister and head of government) is usually the leader of the
strongest party in Parliament.  The two are usually from
different parties and are not necessarily elected
simultaneously.  The Government is a coalition.
Women candidates did not fare as well in the 1994 elections as
previously, and the number of women in the National Council
decreased from 46 to 40.  In the Cabinet, women occupy 4 of the
16 ministerial positions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not interfere with discussions or
investigations by the media, public groups, or private
individuals regarding allegations of improper activities on the
part of the authorities.  International and local human rights
groups operate freely.  Austria recognizes the competence of
the European Human Rights Commission in Strasbourg to implement
the European Convention on Human Rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law provides for comprehensive protection against any of
these kinds of discrimination in employment, provision of
welfare benefits, and other matters.
In October four letter-bombs were mailed to widespread targets
in Austria, three of which have foreign connections:  a
German/Slovene publishing company; a church-run home for
refugees; and an advisory board that assists foreigners.  It is
generally assumed that rightwing extremists were the
perpetrators.  Police have been investigating intensively, but
at year's end had made no identifications of suspects.
     Women
Most legal restrictions on women's rights have been abolished.
Women are still prohibited by law from night work in most
occupations, and this ban is sometimes used as a pretext for
not hiring women.  (Nurses, taxi drivers, and a few other occupations
are exempted from this ban.)  Austria will enter
the European Union (EU) in 1995, and is to harmonize its law
with relevant EU guidelines by 2002, beginning in 1997.
Sixty percent of women between ages 15 and 60 are in the labor
force, and their numbers are continuing to grow.  Despite
substantial gains in women's incomes in private industry, these
average 20 percent lower than those of men.
Women are not allowed in the Austrian military; suggestions by
politicians that women do mandatory civilian service, as do
men, were rejected by the Women's Affairs Ministry and women's
organizations.
Although labor laws providing for equal treatment extend to
women in the civil service, they remain underrepresented
there.  To remedy this, the Women's Omnibus Law which went into
effect in January 1993 requires hiring women of equivalent
qualifications ahead of men in civil service areas in which
less than 40 percent of the employees are women; but there are
no penalties for failure to attain the 40-percent target.
Women may be awarded compensation of up to 4 months' salary if
discriminated against in promotions because of their gender.
The Labor Court can also award compensation from employers to
victims of sexual harassment.
Laws prohibit violence against women, but enforcement is often
difficult.  In cases of domestic dispute in which a woman has
been physically abused, police may arrest the perpetrator only
if he is caught in the act or the woman files a complaint.  A
court order forcing a man to stay away from his wife or from
any specified woman generally takes 3 to 6 weeks to obtain.
Official data for 1993 show 12,377 reported cases of male
violence against women, 529 of which were rape cases, and 142
prison sentences for rape.  Rape is punishable by 1 to 10
years' imprisonment.
Women's organizations estimate between 3 and 10 percent of
women become victims of male violence each year.  The
Government has committed itself to combating family violence,
under a campaign publicly supported by the Chancellor.
     Children
The Government has also declared itself committed to protecting
children's rights and welfare.  Austrian laws protect the vast
majority of children's rights established in international
conventions, and in some respects go beyond them.
Each provincial government, and the federal Ministry for Youth
and Family Affairs, has an "Ombudsperson for Children and
Adolescents" whose main function is to resolve complaints about
violations of rights of children.
     People with Disabilities
Disabled individuals are protected by law from discrimination
in housing, education, and employment.  Austrian law requires
all private enterprises and state and federal government
offices to employ 1 disabled person for every 25 to 45
employees, depending on the type of work.  Employers who do not
meet this requirement must pay a fee to the Government, and the
proceeds help finance services for the disabled such as
training programs, wage subsidies, and workplace adaptations.
No federal law mandates access for the physically disabled;
some public buildings are virtually inaccessible for those
unable to climb stairs.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right to form and join unions without prior
authorization, under general constitutional guarantees of
freedom of association.  In practice, Austrian trade unions
have an important and independent voice in the political,
social, and economic life of the country.  In 1994, 53 percent
of the work force was organized in 14 national unions, all
belonging to the Austrian Trade Union Federation (OGB), which
has a highly centralized leadership structure.  Individual
unions and the OGB are independent of government or
political-party control, although formal factions within these
organizations are closely allied with political parties.
Although the right to strike is not explicitly provided for in
the Constitution or in national legislation, it is universally
recognized.  Strikes have been comparatively few and usually of
short duration.  A major reason for Austria's record of labor
peace is the unofficial system of "social partnership" among
labor, management, and government.  At the center of the system
is the Joint Parity Commission for Wages and Prices, which has
an important voice on major economic questions.
     b.  The Right to Organize and Bargain Collectively
Unions have the right to organize and bargain collectively.
Almost all large companies, private or state-owned, are
organized.  Worker councils operate at the enterprise level,
and workers are entitled by law to elect one-third of the
members of the supervisory boards of major companies.
Collective agreements covering wages, benefits, and working
conditions are negotiated by the OGB with the National Chamber
of Commerce and its associations, which represent the
employers.  Wage-price policy guidelines are set by the Joint
Parity Commission.  A 1973 law obliges employers in enterprises
with more than five employees to prove that job dismissals are
not motivated by antiunion discrimination.  Employers found
guilty of this are required to reinstate workers fired for
union activities.  Austrian labor and business representatives
remain in disagreement over how to comply with the obligation
under the International Labor Organization's Convention 98 to
provide legal protection to employees against arbitrary
dismissals in firms with five employees or fewer.
Typically, legal disputes between employer and employees
regarding job-related matters are handled by a special
arbitration court for social affairs.  The OGB is exclusively
responsible for collective bargaining.  The leadership of the
Chambers and the OGB are elected democratically.
Austria has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
     d.  Minimum Age for Employment of Children
The minimum legal working age is 15.  The law is effectively
enforced by the Labor Inspectorate of the Ministry of Social
Affairs.
     e.  Acceptable Conditions of Work
There is no legislated national minimum wage.  Instead,
nationwide collective bargaining agreements set minimums by job
classification for each industry.  A worker whose annual income
falls below a poverty line (approximately $900 a month for a
married couple) is eligible for social security benefits.  The
average Austrian has a high standard of living, and even the
minimum wages are sufficient to permit a decent living for
workers and their families.
Although the legal workweek has been established at 40 hours
since 1975, more than 50 percent of the labor force is covered
by collective bargaining agreements that set the workweek at 38
or 38.5 hours.
Extensive legislation, strictly enforced by the Labor
Inspectorate of the Ministry of Social Affairs, provides for
mandatory occupational health and safety standards.  A law
effective January 1, 1995, extends such protection to all
workers.  Workers may file complaints anonymously with the
Labor Inspectorate, which may bring suit against the employer
on behalf of the employee; but this option is rarely exercised,
as workers normally rely instead on the Chambers of Labor,
which file suits on their behalf.
AZERBAIJ1
fTITLE:  AZERBAIJAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           AZERBAIJAN
Azerbaijan is a republic with a presidential form of government.
Heydar Aliyev, a former Communist Party First Secretary of
Azerbaijan and Soviet Politburo member, assumed presidential
powers after the 1993 overthrow of his democratically elected
predecessor, Abulfez Elcibey, and was elected President in
October 1993.  He and his supporters dominate the Government
and the 52-member Milli Maclis (National Council), which
exercises parliamentary powers.
Police and the Ministry of National Security are entrusted with
internal security.  They were responsible for widespread human
rights abuses, including beating and detaining persons
arbitrarily, conducting searches and seizures without warrants,
and suppressing peaceful demonstrations.
Azerbaijan has a state-controlled economy rich in oil, gas, and
cotton.  The economy continued to deteriorate in 1994 because
of the conflict with the Armenians over Nagorno-Karabakh.  The
Government has not effectively replaced or restored the trade
links with the rest of the former Soviet Union.
There were widespread human rights abuses in 1994, some of
which arose out of the continuing Nagorno-Karabakh conflict.
Both sides used artillery and rocket fire indiscriminately
against civilian targets, and Azerbaijanis also mounted air
attacks against Armenia and Nagorno-Karabakh.  Both sides have
thus far respected the cease-fire negotiated in May.  The
Government waged a harsh campaign to suppress the political
opposition and to censor the press.  Security authorities beat
detainees and demonstrators and arrested persons arbitrarily.
While the Government tolerates the existence of independent
media and political parties, it has demonstrated a disregard
for the right to freedom of speech, press, assembly, and
association when it has deemed it in its interest to do so.
Although harassment of ethnic Armenians outside Nagorno-
Karabakh--by individual Azerbaijanis rather than as deliberate
government policy--has subsided considerably, that community
continues to live in fear and uncertainty.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Extrajudicial Killing
On the night of September 29, gunmen killed two high-ranking
Azerbaijani officials:  Afiyaddin Jalilov, Vice Speaker of the
Parliament, and Shamsi Rahimov, a member of the President's
staff.  These killings marked a significant increase in the
level of political violence.  By year's end, the authorities
had been unsuccessful in discovering the perpetrators of these
assassinations, as well as of the terrorist bombings that
claimed several dozen lives in Baku subway and railway stations
in 1994.  The Azerbaijanis have accused Armenians based in
Russia of responsibility for the bombing incidents.  According
to the National Security Ministry, bombing attacks in 1994 on
rail lines and the Baku subway resulted in 37 deaths and over
100 wounded.  No group claimed responsibility.
     b.  Disappearance
The practice of taking and exchanging hostages was relatively
less common than in the early phases of the Nagorno-Karabakh
conflict.  Both sides have reportedly taken both military
prisoners and civilian captives.  Private parties have in some
instances held prisoners of war and civilians and arranged
ransoms for profit.  A separate practice has been the
government-to-government exchange of civilian prisoners; such
official exchanges in 1994, including an exchange in October
under the Conference on Security and Cooperation in Europe
(CSCE) auspices, involved under 40 persons from each side.
Azerbaijani gangs have ceased their kidnaping of ethnic
Armenian residents in Baku.  The overwhelming majority of
ethnic Armenians outside Nagorno-Karabakh have already been
driven out of the country, and those who do remain by necessity
maintain a very low profile.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of torture, but supporters of the
opposition Azerbaijan Popular Front (APF) assert credibly that
police beat opposition leaders in the course of breaking up
political demonstrations (see Section 2.b.).
Prisons conditions are grim, and provisions for medical care
are inadequate.  The International Committee of the Red Cross
(ICRC) monitors the treatment and conditions of Armenian
prisoners in Azerbaijani detention centers.  In Nagorno-
Karabakh, the ICRC has visited Azerbaijani prisoners held in
connection with the conflict in order to monitor their
treatment and conditions of detention.
     d.  Arbitrary Arrest, Detention, or Exile
Police and security forces regularly detained and arrested
persons in conjunction with government efforts to restrict
freedom of the press and opposition political activities (see
Section 2.a. and 2.b.).  In addition, in another instance of
arbitrary use of police powers, police on August 13 detained 10
intellectuals at a Baku teahouse on vague charges of disobeying
police authority but released them after a few days in
detention.  Arbitrary detentions occurred in several waves
during periods of political unrest and demonstrations.
Estimates of the number detained differ widely, but a total of
about 200 people may have been detained without charges.  They
were released after brief periods of detention (under a week in
most cases).
     e.  Denial of Fair Public Trial
Azerbaijan's criminal justice system, including its courts,
laws, and procedures, follow the former Soviet model.  The
courts of general jurisdiction may hear criminal, civil, and
juvenile cases.  District and municipal courts try the
overwhelming majority of cases, but a Supreme Court tries
some.  Both may act as the court of first instance, depending
on the nature and seriousness of the crime.
Prosecutors, like the courts, are organized into offices at the
district, municipal, and republic levels and are ultimately
responsible to the Prosecutor General, appointed by
Parliament.  Prosecutors and defense attorneys by law have
equal status before the courts.  In practice, prosecutors still
are very influential because court proceedings are not
conducted in an adversarial manner.  Prosecutors direct all
criminal investigations, which are usually conducted by the
Ministry of Internal Affairs.  Moreover, the presumption of
innocence with respect to defendants has not been incorporated
into the Criminal Code.
Cases at the district court level are tried before a panel
consisting of one judge and two lay assessors.  Judges
frequently send cases unlikely to end in convictions back to
the prosecutor for "additional investigation."  Such cases may
then be dropped or closed, occasionally without informing the
court or the defendant.
By law, trials are to be publicly conducted except when
government secrets are considered at issue.  Defendants may
confront witnesses and present evidence.  The court appoints an
attorney for indigent defendants.  Defendants have the right of
appeal, as do prosecutors.
Judges do not function independently from the other branches of
government.  The current Government has removed judges
considered close to the previous Elcibey government.  The
statutory commitment to public trial also has not always been
upheld, e.g., in the case of Azerbaijani military officer Arif
Pashayev.  Pashayev was a prominent APF figure charged with the
willful loss of military positions in the Karabakh conflict.
In July police dispersed and beat relatives protesting court
proceedings.  Several related cases have been pending in the
courts.  There were about 25 persons in prison on political
grounds at year's end.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Soviet surveillance apparatus, reorganized as the Ministry
of National Security, became more active than under the
previous Elcibey government.  It is widely and credibly
believed that the Ministry taps telephones, especially those of
foreigners and prominent political and business figures.  The
police have periodically raided the offices of opposition press
and political parties on the grounds of a search for illicit
weapons.  The post-October emergency legislation, extended in
December by the legislature until early February 1995, made
explicit the right to conduct such searches.  The police also
make periodic sweeps in search of young men evading the draft.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The Nagorno-Karabakh conflict began in 1988.  The ethnic
Armenian population of Nagorno-Karabakh sought union with
Armenia until the collapse of the Soviet Union and the creation
of independent Armenian and Azerbaijani republics with
internationally recognized borders.  The demand of the
Nagorno-Karabakh Armenians later became one for independence
from Azerbaijan.
By June 1992, ethnic Armenians had expelled all ethnic
Azerbaijanis from the Nagorno-Karabakh region and had opened a
corridor to Armenia through the Azerbaijani region of Lachin,
which had a substantial Kurdish population.  In 1993 they
captured the province of Kelbacar, which lies between
Nagorno-Karabakh and Armenia, as well as large areas
surrounding Nagorno-Karabakh.  They drove out the inhabitants
and looted and burned the provincial capitals and most of the
villages of these regions.  The U.N. Security Council condemned
these offensive actions, including the looting and burning.
Until the May 1994 cease-fire, all parties to the conflict
engaged in indiscriminate shelling and rocket fire against
civilian targets, including in both directions along the
Armenia-Azerbaijan border.  Before the cease-fire, the
Azerbaijanis also mounted fixed-wing air attacks against
civilian targets in both Nagorno-Karabakh and Armenia.  All
parties to the conflict have cut normal trade and
transportation links to the other sides, causing severe
hardship to civilians in Nagorno-Karabakh, Armenia, and the
Azerbaijani exclave of Naxcivan.
After agreeing to a cease-fire in May, the parties maintained
it throughout the rest of the year.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Government severely restricts freedom of speech and press.
It officially censors the press and subjects newspaper premises
to searches and raids.  It may close newspapers for 1 month if
they violate military censorship by publishing information
contrary to what it believes are the interests of the country.
Despite warnings to several papers, the Government has not
exercised this authority.
Official censorship decreased after the state of emergency was
lifted in September 1993, but its existence remained
influential in convincing editors to self-censor their copy.
Police searches and raids were another way of interfering with
the operations of the press, much of which is affiliated with
political parties.  For example, in February police temporarily
seized part of the Azadliq newspaper's premises after weeks of
repeated unauthorized searches of Azadliq and other newspaper
premises.  Police conducted similar searches at Azadliq's
premises on at least one other occasion during 1994.  Both
incidents involved a search for arms and unspecified subversive
literature.  The searches were carried out on the authority of
the district police commander, without judicial involvement.
Both newspaper offices and their distributors remained subject
to surprise raids.  For example, authorities raided the
distributor Gaya in March after a caricature of the Interior
Minister was published.
After imposing a new state of emergency in early October on
Gance and Baku, following the political crisis, the Government
added a third a third level of censorship to the existing
military and political censors, with immediate and noticeable
effect on newspaper editorial content.
The number of newspapers available, both in Azerbaijani and
Russian, remained large, although many suffered economic
hardship, and some folded or reduced their frequency.  However,
new papers were also started.  Many opposition newspapers
continued to publish, including at least five major newspapers
sympathetic to or officially published by the APF, the Musavat
Party, and the Azerbaijan National Independence Party, the main
political opposition.  Small sensationalist newspapers
continued to publish investigative interviews and news items.
The Government controls most radio and television, and the
opposition has little access to the official electronic media.
In June the Government closed an independent television
station, B-M-TI, allegedly for violating government regulations
but apparently because its owners spoke out against the
Government's foreign policy.  In an incident in November, the
director of an independent television-radio company, ANS, was
beaten at the direction of the head of the state radio-
television entity, and the Baku commandant briefly closed ANS'
FM radio and television stations.  President Aliyev ordered the
resumption of ANS broadcasting.
Correct political connections are a prime requisite for those
seeking new posts in government-controlled institutions,
including universities.  However, there are several professors
with tenure who are active in opposition parties.
     b.  Freedom of Peaceful Assembly and Association
While the Government tolerates the existence of political
parties, it has demonstrated a disregard for the right to
freedom of peaceful assembly and association when it has deemed
it in its interest to do so.  The authorities have invoked
imminent danger to law and order in carrying out such actions
as the search of APF offices in February, when they allegedly
discovered arms caches.  The authorities frequently denied
opposition requests for permits to hold demonstrations.  When
unauthorized demonstrations were held, police frequently
suppressed them, using force and causing injuries, as in the
May 21 demonstrations against the Government's policy toward
Nagorno-Karabakh and the September 10 protests against both
foreign and domestic policies.  In the May demonstrations,
police detained over 200 persons, including 3 Milli Maclis
deputies, holding some detainees for up to 1 month without
bringing formal charges and without allowing relatives access.
Associations other than political parties can generally
function freely.
     c.  Freedom of Religion
There is no state religion.  Members of all faiths practice
their religions without restrictions, with one important
exception:  Armenian churches, many vandalized in past years,
remain closed, and few of the Armenians left in Azerbaijan
would have felt secure enough to attend them had they been
open.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Ministry of National Security enforces a longstanding
restriction zone in the southeast on the Iranian border from
which all nonresidents are excluded.  The October state of
emergency restricts access to the Baku region by nonresidents.
The Government officially recognizes freedom of emigration.
Jewish emigration to Israel continued, although less than 1,000
emigrated during the first 9 months of 1994.  Some 18,000
Armenians and part-Armenians, mostly in mixed marriages, remain
in the country.  The Government stripped many of the remaining
ethnic Armenians of their official documents for both internal
and external travel, making it difficult for them to change
residence or to travel outside Azerbaijan.
In general, low-level officials seeking bribes harass members
of minorities wishing to emigrate; this is especially the case
of draft-age men, who are required to obtain documentation from
several levels of military authorities before they may leave
for any international travel.  All citizens of Azerbaijan
wishing to travel abroad must first obtain exit visas or
official passports from the Government.
The United Nations High Commissioner for Refugees and the
United Nations Children's Fund (UNICEF) offices in Baku
estimate that, as of November 1994, there were 900,000 refugees
and internally displaced persons in Azerbaijan.  These figures
do not include the 50,000 internally displaced persons caused
by the hostilities in the spring of 1994.  Close to 500,000
fled the Nagorno-Karabakh Armenian offensives into Azeri-
inhabited areas outside the bounds of Nagorno-Karabakh between
March and September 1993, joining the 150,000 who fled in 1992
and the over 200,000 who were expelled from Armenia in 1988-89.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government by
peaceful means.  Heydar Aliyev assumed presidential powers in
June 1993 after the overthrow of the democratically elected
president, Abulfez Elcibey, and won the presidential election
in October 1993.
In theory, the President shares power with the 52-member Milli
Maclis (National Council) which took over parliamentary powers
after the 1992 dissolution of the Supreme Soviet.  In fact,
President Aliyev and his close supporters dominate government
policy and tolerate little opposition to their views.
Parliamentary elections are due in 1995.
There were no restrictions on women or minorities participating
in politics.  Currently, the Education Minister is the only
woman of ministerial rank.  In the Milli Maclis, there are 3
women out of 52 representatives, or 6 percent.  Minorities such
as Lezghis and Talysh formed regional groupings in Parliament
and published newspapers in their own languages.  There are no
minority parties, and a separatist Talysh leader faces charges
of sedition.  There are two Islamic religious parties.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The local human rights community is composed largely of
individuals rather than well-developed organizations.  Police
have occasionally harassed such individuals.
The Government has expressed willingness to receive delegations
from human rights organizations and has met with such
delegations.  On the other hand, police disrupted a July
meeting between opposition parties and a visiting delegation
from Human Rights Watch/Helsinki.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The 1991 constitutional act of independence prohibits
discrimination based on ethnicity, religion, or gender.
     Women
Women nominally enjoy the same legal rights as men, including
the right to participate in all aspects of political, economic,
and social life.  President Aliyev has appointed women to
senior government positions.  The most active supporters of the
APF after Elcibey's overthrow were the women's groups attached
to it.  In general, women are given extensive opportunities for
education, work, and political activity.  However, traditional
social norms continue to restrict women's role in politics and
the economy.  In general, representation of women is sharply
lower in higher levels of the work force.  Female
representation in executive positions in leading businesses is
even lower--1.5 percent, according to a recent UNICEF study.
Violence against women is a taboo subject in Azerbaijan's
patriarchal society.  In rural areas, wives have no real
recourse against violence by their husbands, regardless of the
law.  Rape is severely punishable, but, especially in rural
areas, only a small fraction of offenses are prosecuted.
Police sources indicate that there are about 200 cases annually
of crimes of violence against women.  These figures probably
reflect underreporting, especially from conservative rural
areas.  Crime levels in this field, as in others, have risen
considerably due to the flood of refugees to the cities and the
economic crisis of the past few years.
     Children
The 1991 constitutional law on independence guarantees children
rights on the same footing as adults.  The Criminal Code
prescribes severe penalties for crimes against children.  The
Government has attempted to shield families against economic
hardship in the wake of price liberalization by authorizing
child subsidies.  The subsidies are far from covering the
shortfall of family budgets, and the Government does not have
the financial means to meet its new commitments.
     National/Racial/Ethnic Minorities
Both governmental and societal repression and discrimination
against ethnic Armenians continued.  Recently, members of the
Russian community have lodged complaints with the Government as
well as with the Russian Embassy, alleging official inaction
concerning some 108 seizures during the past year of apartments
of Russian speakers by ethnic Azerbaijani displaced persons.
The 18,000 ethnic Armenian and part-Armenians, most of them
members of mixed families, continued to live in an atmosphere
of fear and uncertainty.  Kidnapings of ethnic Armenians from
Baku virtually ceased after early 1994, although scattered
incidents of harassment have been reported in the press.  There
are credible reports of denial of medical treatment to ethnic
Armenians and confiscation of their travel and residence
documents, and most of those Armenians who lost jobs in
previous years are still unemployed.  Many are too frightened
to appear in public.
     People with Disabilities
The law on support for invalids, enacted in late 1993,
prescribes priority for invalids and the handicapped in
obtaining housing, as well as discounts for public transport
and pension supplements.  The Government does not have the
means in its current financial crisis to make good on its
commitments.
Section 6  Worker Rights
     a.  The Right of Association
Azerbaijani labor unions still operate as they did under the
Soviet system and remain highly dependent on the Government.
Such progovernment umbrella organizations as the Azerbaijani
Union of Professional Workers are free to participate in
international bodies.  There is a legal right to strike.
Widespread strikes in the crucial oil sector during the summer
over unpaid back wages led to a backdown of the Government and
an agreement to raise wages.  In general there are no
established mechanisms to avoid such wildcat strikes.  Unions
and workers per se were not the subject of human rights
abuses.
The 1991 constitutional law grants freedom of association,
including the right to form labor unions.  However, most
industrial and white-collar workers are organized into one or
another subbranch of the Azerbaijani Labor Federation
(Profsoyuz), run by the Government (which also still owns the
major industries).  There are no formal restrictions on strikes
nor provisions for retribution against strikers (under normal
conditions before the imposition of a state of emergency in
October).  Unions are free to form federations and to affiliate
with international bodies.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining remained at a rudimentary level.
Government-appointed boards and directors run the major
enterprises and set wages.  Unions do not participate in
determining wage levels.  In a carryover from the Soviet
system, both management and workers are considered to be
members of the Profsoyuz.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and is not
known to be practiced.  Two departments in the prosecutor's
office (the Department of Implementation of the Labor Code and
the Department for Oversight Over Minors) enforce the
prohibition on forced or compulsory labor.
     d.  Minimum Age for Employment of Children
The minimum employment age is 16 years.  Children of 14 are
allowed to work during vacations with the consent of their
parents and certification of a physician.  Children of 15 may
work if the workplace's labor union does not object.  There is
no explicit restriction on the kinds of work that children aged
15 may perform with union consent.  The Government (Labor
Ministry) has primary enforcement responsibility for child
labor laws.
     e.  Acceptable Conditions of Work
The Government set the nationwide administrative minimum wage
by decree, raising it numerous times because of inflation.  As
of December, it was less than $1.00 (4,000 manats) per month.
The recommended wage level to meet basic subsistence needs was
estimated to be 67,000-75,000 manats, as of November.  It is
not known how effectively the payment of the minimum wage was
enforced.
The disruption of trade links with the rest of the former
Soviet Union has affected employment in many industries.  Idle
factory workers typically receive a third of their former
wage.  Under these conditions, even recourse to the extended
family's "safety net" and outside sources of income make it
difficult for broad sectors of the population to reach the
subsistence level.
The legal workweek is 41 hours.  There is a 1-hour lunch break
per day, plus shorter breaks in the morning and afternoon.
Health and safety standards exist but are by and large ignored
in the workplace.
THE_BAHA1
OYOYTITLE: THE BAHAMAS HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                          THE BAHAMAS
The Commonwealth of the Bahamas is a constitutional,
parliamentary democracy and a member of the Commonwealth of
Nations.  Queen Elizabeth II, the nominal Head of State, is
represented by an appointed Governor General.  Prime Minister
Hubert A. Ingraham's Free National Movement (FNM) has
controlled the Government and Parliament since 1992.
The police and the small Bahamas Defence Force answer to
civilian authority and generally respect laws protecting human
rights.  However, there continued to be credible reports that
police occasionally abuse detainees.
The economy depends primarily on tourism, which accounts for
over two-thirds of the gross domestic product.  Financial
services, particularly offshore banking and trust management,
are also a major source of revenue.   While some Bahamians
enjoy relatively high average income levels, overall
unemployment is estimated to exceed 20 percent; there is
considerable underemployment and some poverty.
Bahamians enjoy a wide range of democratic freedoms and human
rights.  As in past years, the principal human rights problems
were police abuse of detainees, harsh and overcrowded
conditions at the only prison, the slow pace of justice,
intolerance toward non-Bahamians, and violence against women
and children.  The Government investigates charges of abuse and
brought some perpetrators to trial, winning manslaughter
convictions against two police officers.  Citizens also brought
two successful civil suits against the police on grounds of
misconduct.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings by the
Government or domestic political groups.  However, police
officers occasionally committed extrajudicial killings.
In May a detainee died while in police custody.  A Coroner's
Court jury later determined that the police were negligent
because they failed to provide necessary medical care.  A civil
suit in the matter is pending.  In October the authorities
charged an off-duty police officer with murder after he
allegedly shot at five men during an altercation, killing one.
The courts convicted and imprisoned two of three police
officers charged with manslaughter in the 1989 beating death of
a suspect.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and other cruel and
degrading treatment or punishment, but human rights monitors
and members of the general public expressed concern over a
pattern of police abuse against criminal suspects.  Many of the
charges of abuse involved beatings in order to extract
confessions.  Some alleged victims claimed that police officers
threatened them after they had filed a complaint.
The police Complaints and Discipline Unit, which reports
directly to senior police officials, is responsible for
investigating allegations of police brutality.  Police
officials reportedly disciplined or dismissed some police
officers as a result of these complaints; however, the
authorities did not publish any results of investigations of
abuse.  The courts convicted an immigration officer charged
with beating a Jamaican attorney at Nassau international
airport and sentenced him to prison for assault; the case is
currently under appeal.
Despite some recent improvements, conditions at Fox Hill, the
Bahamas' only prison, remain harsh and overcrowded.  The men's
prison, originally built in 1953 to house about 500 inmates,
holds over 1,100 prisoners.  Male prisoners are crowded into
poorly ventilated cells which generally lack running water and
adequate sanitation facilities.  Facilities for women are less
severe and do have running water.  Most prisoners lack beds,
many sleep on concrete floors, and most are locked in their
cells 23 hours per day.
Prisoners reported that guards beat them and arbitrarily
revoked privileges.  The prison has no formal mechanism for
reporting, investigating, and acting on prisoner complaints.
Local and international human rights groups visited the prison
during the year.  Organizations providing aid, counseling
services, and religious instruction have regular access to
inmates.  Despite fiscal constraints, prison officials
continued modest but measurable steps to improve prison
conditions and begin prisoner rehabilitation programs.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention.  The
authorities conduct arrests openly and, when required, obtain
judicially issued warrants.  Serious cases, including those of
suspected narcotics or firearms offenses, do not require
warrants where probable cause exists.  Arrested persons appear
before a magistrate within 48 hours (or by the next business
day for cases arising on weekends and holidays) to hear the
charges against them.  They may hire an attorney of their
choice.  The law requires the Government to provide legal
representation only to destitute suspects charged with capital
crimes.
Police sometimes deviate from prescribed procedures, however,
and act arbitrarily.  The Government respects the right to a
judicial determination of the legality of arrests.  In two
cases, persons successfully sued the police for incidents that
occurred several years earlier involving false arrest and
imprisonment, malicious prosecution, and a breach of
constitutional rights.  The amount of damages awarded, over
$200,000 in each case, was unprecedented in Bahamian legal
history.
Judges generally grant bail only to Bahamian suspects, since
the authorities consider foreign offenders likely to flee if
released on bail.  Judges sometimes authorize cash bail for
foreigners arrested on minor charges but generally prefer to
levy fines in exchange for guilty pleas.  The Government
tightened bail provisions to prevent suspects with prior
convictions for serious offenses from gaining release on bail.
The authorities detain illegal migrants, primarily Haitians and
Cubans, at the Carmichael Road Detention Center until
arrangements can be made for them to leave the country.
Illegal migrants convicted of crimes other than immigration
violations are held at Fox Hill and remain there for weeks or
months, pending deportation after serving their sentences,
unless they can arrange private means for their repatriation.
A few illegal Haitian migrants have been detained in Fox Hill
but never charged with a crime.
Exile is illegal and is not practiced.
     e.  Denial of Fair Public Trial
The justice system derives from English common law.  The
judiciary, appointed by the executive branch on the advice of
the Judicial and Legal Services Commission, has always been
independent.  However, a controversy arose when the Ministry of
Justice refused to pay the travel expenses of an expatriate
judge of The Bahamas Court of Appeal to return to Nassau in
order to conduct a hearing.  The judge resigned, and members of
the legal profession, the opposition party, and the public
accused the Ministry of tampering with the independence of the
judiciary.
Trials are fair and public; defendants enjoy the presumption of
innocence and the right to appeal.  However, an overburdened
judicial system must handle a steadily increasing caseload,
which results in excessive pretrial detention and delayed
justice for victims.  In some criminal cases, it can take
several years from time of arrest to eventual trial.  There
were even further delays in mid-1994 when higher court rulings
sent several hundred preliminary inquiries back to lower courts
because of procedural errors.  The Supreme Court, where many
serious criminal cases are heard, began its term with no
criminal cases before it because lower courts were correcting
errors and rehearing preliminary inquiries.  The Government
continued to open new courts and appoint new magistrates in an
effort to reduce the case backlog.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary entry, search, or
seizure.  The law usually requires a court order for entry into
or search of a private residence, but a police inspector or
more senior police official may authorize a search without a
court order where probable cause of a weapons violation
exists.  Such an official may also authorize the search of a
person (which extends to the vehicle in which the person is
traveling) without a court order should probable cause exist
for drug possession.  The Government neither censors mail nor
restricts receipt of foreign correspondence or publications.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Government respects the constitutional provision for the
right of free expression, and the political opposition
criticizes the Government freely and frequently.  Two daily and
several weekly newspapers, all privately owned, express a
variety of views on issues of public interest, including
varying degrees of criticism of the Government and its
policies.  Foreign newspapers and magazines are readily
available.
Two new radio stations, both privately owned, compete with a
government-run network and include lively political debates in
their programming.  The country's sole television station, the
state-owned Broadcasting Corporation of The Bahamas, presents a
variety of views, although opposition politicians claim with
some justification that their views do not receive as extensive
coverage as those of the Government.  Coverage was more fair in
1994, however, than in past years.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights to free assembly and
association, and the authorities respect these rights in
practice.  The law permits private associations, but groups
must obtain permits to hold public demonstrations.  The
authorities grant such permits almost without exception.
     c.  Freedom of Religion
The Government respects in practice the constitutional
provisions for freedom of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government respects the rights of citizens and legal
residents to both domestic and foreign travel.
Increasing numbers of Cuban rafters arrived on remote,
uninhabited islands in the southwestern Bahamas near Cuba.
Bahamian authorities regularly declared their inability, due to
a shortage of operational craft, to assist these stranded
rafters.  In the first part of the year, the authorities did
not interview Cuban migrants who reached populated islands to
determine any claim to refugee status; they allowed them to
leave with the tacit understanding that the Cubans would make
their own arrangements to migrate to the United States.  When
the U.S. Government changed its policy toward Cuban migrants in
August, the Bahamian Government began to detain Cuban migrants,
under austere but livable conditions, at the Carmichael Road
Detention Center.  The Government allows representatives of the
United Nations High Commissioner for Refugees (UNHCR) to
interview Cubans to determine whether any have claim to refugee
status.
The presence of an estimated 40,000 Haitian migrants in The
Bahamas remained a sensitive social, economic, and political
issue.  Several international human rights organizations
visited during the year to observe the conditions and treatment
of Haitians in the Bahamas.  The Inter-American Commission on
Human Rights report praised The Bahamas for accepting many
Haitians and for providing them a wide range of social
services.  However, it expressed concern over procedures for
determining the refugee status of the Haitians and the extent
of due process afforded them during repatriations.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Bahamas is a constitutional, parliamentary democracy with
two major political parties and general elections at least
every 5 years.  An elected Prime Minister and Parliament
govern.  The political process is open to all elements of
society, and citizens 18 years of age and older are eligible to
register and vote; voting is by secret ballot.  In the 1992
elections, slightly more than 92 percent of registered voters
cast valid ballots.  The two principal political parties are
the ruling Free National Movement and the opposition
Progressive Liberal Party (PLP).  The PLP led the country for 6
years of internal self-government from 1967 to 1973, and held
power under Prime Minister Sir Lynden O. Pindling from
independence in 1973 to 1992.
The FNM holds 32 of 49 seats in the House of Assembly, and the
PLP holds 17.  Both the ruling party and the opposition name
members to the upper house, the Senate, in compliance with
constitutional guidelines.  Although it does pass legislation,
the Senate is primarily a deliberative body that serves as a
public forum to discuss national problems and policies to
address them.  The Parliament has four elected female members,
including the deputy speaker of the House, and three appointed
female Senators, including the government leader in the Senate.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Individual human rights monitors, several local human rights
groups, as well as representatives of international human
rights organizations operate freely, expressing their opinions
and reporting their findings on alleged human rights violations
without government restriction.  The Government allows them
broad access to institutions and individuals.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Government generally respects in practice the
constitutional provisions for individual rights and freedoms
regardless of race, place of origin, political opinion, creed,
or sex.  However, both the Constitution and the law
discriminate against women in several respects.
     Women
The Constitution discriminates against women by not providing
them with the same right as men to transmit citizenship to
their foreign-born spouses.  Additionally, the law makes it
easier for Bahamian men with foreign spouses to confer
citizenship on their children than for Bahamian women with
foreign spouses.  Some inheritance laws also favor men over
women.  For example, when a person dies without a will, the
estate passes to the oldest legitimate son, or in cases where
there is no son, the closest legitimate male relative.
Women participate fully in Bahamian society and are well
represented in the business and professional sectors, as well
as in the judiciary and the Government.  The Ministry of
Justice and Immigration includes a Women's Affairs Unit.
Domestic violence against women continued to be a serious
problem, with independent women's support groups reporting that
many women sought shelter at the private, but government-
supported, crisis center in Nassau.  A new domestic court
opened in the fall and deals exclusively with family issues
such as spousal abuse, maintenance payments, and legal
separation.  The Government opened this court to reduce the
usual several months' delay in these often time-sensitive
cases.  At the plaintiff's request, the court will hear cases
in closed session.  The courts can impose various legal
constraints to protect women from abusive spouses or companions.
     Children
The Government places priority on maintaining adequate
expenditures for child welfare and education.  However, child
abuse and neglect remain serious problems.  The law requires
that anyone having contact with a child they believe to be
sexually abused must report their suspicion to the police.  The
same reporting requirement does not apply to cases of physical
abuse, which nonetheless are increasing.  The police refer
reported cases of sexual and physical abuse to the Department
of Social Services, which investigates them and can bring
criminal charges against perpetrators.  The Department may
remove children from abusive situations if the court deems it
necessary.
Although all children, regardless of legal status, are eligible
for free public education, there were reports that some public
schools on islands other than New Providence denied entry to
children of illegal Haitian immigrants, because of limited
school facilities.
     People with Disabilities
Although the 1973 National Building Code mandates certain
accommodations for the physically disabled in new public
buildings, the authorities rarely enforce this part of the
code.  Private buildings are also not routinely accessible.
The Disability Affairs Unit of the Ministry of Social
Development and National Insurance works with the Bahamas
Council for the Disabled, an umbrella organization for groups
offering services for the disabled, to provide a coordinated
public and private sector approach to the needs of the
disabled.  A mix of government and private residential and
nonresidential institutions provides a range of educational,
training, and counseling services for both physically and
mentally handicapped adults and children.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides that labor unions have the right of
free assembly and association.  Private sector and most public
sector workers may form or join unions without prior approval.
Members of the police force, defense force, fire brigade, and
prison guards may not organize or join unions.  Bahamian
workers exercise the right of association extensively, with
almost one-quarter of the work force (and one-half the workers
in the important hotel industry) belonging to unions.
The country's two major umbrella labor organizations, the
National Workers Council of Trade Unions and Associations and
the Trade Union Congress (TUC), and individual labor unions all
function independent of government or political party control.
All labor unions have the right to maintain affiliations with
international trade union organizations.
The Industrial Relations Act requires that, before a strike
begins, a simple majority of a union's membership must vote in
favor of a motion to strike.  The Department of Labor must
supervise the vote.  The Minister of Labor, Human Resources,
and Training may also refer a dispute involving employees of an
"essential service" to the Industrial Relations Board for
settlement, if the Minister determines that the public interest
requires such action.
The country's largest labor union, the Bahamas Hotel Catering
and Allied Workers Union, conducted a number of work stoppages
and strikes at resort hotels during the year.
     b.  The Right to Organize and Bargain Collectively
Workers freely exercise their right to organize and participate
in collective bargaining, which the law protects.  Unions and
employers negotiate wage rates without government interference.
The Constitution and the Industrial Relations Act prohibit
antiunion discrimination by employers.  The Act requires
employers to recognize trade unions.  The Industrial Relations
Board mediates disputes between employees or unions and their
employers.  Mechanisms exist to resolve complaints, including
filing a trade union dispute with the Ministry of Labor or
bringing a civil suit against the employer in court.  The Act
requires the reinstatement of workers fired for union
activities.  Employers may dismiss workers in accordance with
applicable contracts, which generally require some severance
pay.  The Government enforces labor laws and regulations
uniformly throughout the country.
The Bahamas has two small free trade zones.  Labor law and
practice in these zones do not differ from those in the rest of
the country.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and such
labor does not exist in practice.
     d.  Minimum Age for Employment of Children
The law prohibits the employment of children under the age of
14 for industrial work, work during school hours, or work at
night.  There is no legal minimum age for employment in other
sectors, and some children work part-time in light industry and
service jobs.
     e.  Acceptable Conditions of Work
The Fair Labor Standards Act limits the regular workweek to 48
hours and provides for one 24-hour rest period.  The Act
requires overtime payment (time and a half) for hours beyond
the standard.  The Act permits the creation of a Wages Council
to recommend the setting of a minimum wage.  To date, however,
The Bahamas has not established such a council or a minimum
wage.
The Ministry of Labor, responsible for enforcing labor laws,
has a team of inspectors who conduct on-site visits to enforce
occupational health and safety standards and investigate
employee concerns and complaints, but inspections occur only
infrequently.  The Ministry normally announces inspection
visits in advance, and employers generally cooperate with
inspectors to implement safety standards.  As such inspections
appear inadequate, the Ministry of Labor, Human Resources, and
Training formally requested help from the U.S. Department of
Labor in December to develop a technical training proposal to
improve occupational safety, health, and welfare.
The national insurance program compensates workers for
work-related injuries.  The Fair Labor Standards Act requires
employers to find suitable alternative employment for employees
injured on the job but still able to work.  The law does not
provide a right for workers to absent themselves from dangerous
work situations without jeopardy to continued employment.
BAHRAIN1
aTITLE: BAHRAIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            BAHRAIN
Bahrain is a monarchy that has been ruled since the late 18th
century by the Al-Khalifa family, which dominates its society
and government.  It has no political parties or elected
representative institutions.  The Constitution confirms the
Amir as hereditary ruler.  The current Amir, Sheikh Isa Bin
Sulman Al-Khalifa, governs with the assistance of his younger
brother, the Prime Minister; his son, the Crown Prince; and an
appointed Cabinet of Ministers.  In 1975 the Government
suspended some provisions of the 1973 Constitution, including
those articles relating to the National Assembly, which the
Government disbanded in the same year.  The Government faces
few judicial checks on its actions.  Bahrainis belong to the
Shi'a and Sunni sects of Islam, with the Shi'a comprising over
two-thirds of the indigenous population.  Sectarian and ethnic
divisions exist among the Shi'a.  Despite their minority
status, the Sunnis predominate because the ruling family is
Sunni and is supported by the armed forces, the security
service, and powerful Sunni and Shi'a merchant families.
The Ministry of Interior is responsible for public security.
Under its auspices, the Public Security Force (police) and the
extensive Security Service are responsible for maintaining
internal order.  The Bahrain Defense Force (BDF) defends
against external military threats.  It does not play any role
in internal security.
Bahrain has a mixed economy, with government domination of many
basic industries, including the important oil and aluminum
industries.  The Government has used its modest oil revenues to
build an advanced infrastructure in transportation and
telecommunications.  Bahrain is a regional financial and
business center.  Tourism is also a significant source of
income.
There was little change in the human rights situation:  civil
liberties remained broadly circumscribed.  The main abuses
included arbitrary and incommunicado detention; involuntary
exile; the absence of impartial inspection of detention and
prison facilities; some instances of abuse of detainees;
restrictions on the right to a fair public trial, especially in
the Security Court; and restrictions on freedom of speech and
press, freedom of assembly and association, women's rights, and
worker rights.  As a practical matter, the people do not have
the right to change their government.
In early December, a Shi'a imam and approximately 12 of his
followers were arrested for inciting violence against the
Government and foreign residents.  Protesters staged large and
sometimes violent demonstrations in Manama and in several Shi'a
villages to demand his release.  Three protesters and 1
policeman were killed in the unrest, and the police detained
about 500 to 600 persons.  Nearly all the detainees were
arrested for committing illegal acts such as skirmishing with
police or vandalism.  Demonstrations continued into January
1995.  The police arrested several hundred more demonstrators.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture.  Little is known about the treatment
of detainees and prisoners because the authorities restrict
prison visits.  During interrogations, the police reportedly
have beaten detainees on the soles of their feet.  Credible
evidence exists that the authorities at Al-Jaw Security Prison
used excessive force to restrain or punish a small number of
prisoners who staged a 10-day hunger strike in April.
Convicted prisoners, including those sentenced for security
offenses, have regular access to medical care and may receive
visits from family members, usually once a month.  On at least
one occasion, a prisoner serving a life sentence for a security
offense was given a 1-day furlough to visit his family
following the death of his father.
The Government denies that torture takes place.  However, it
has not implemented minimal procedural safeguards nor allowed
inspection of detention facilities by impartial international
organizations.  The Government has difficulty in rebutting
allegations of torture because it permits incommunicado
detention and detention without trial.  The Government is not
known to have punished any official in 1994 for human rights
abuses committed either in 1994 or in previous years.
Prison conditions do not appear to pose any threat to the life
or health of those detained.
     d.  Arbitrary Arrest, Detention, or Exile
In addition to overseeing the Security Service and police, the
Ministry of Interior also controls the office of the Public
Prosecutor, whose officers initially determine whether
sufficient evidence exists to continue to hold a prisoner in
"investigatory detention."  The Ministry is responsible for all
aspects of prison administration.  In the early stages of
detention, prisoners and their attorneys have no recourse to
any authority outside the Ministry of Interior.  Under normal
criminal proceedings, police may detain a suspect for up to 7
days of questioning before filing charges.
However, under the State Security Act of 1974, persons accused
of subversive or antiregime acts may be detained without trial
for a period not to exceed 3 years.  Detainees have the right
to appeal such detentions after a period of 3 months and, if
the appeal is denied, every 6 months thereafter from the date
of the original detention.  Under the Act, persons may be
detained for attempting to exercise the rights of free speech,
association, or other rights in opposition to the Al-Khalifa
regime.  Activities that could lead to detention include:
membership in illegal organizations or those deemed subversive;
painting antiregime slogans on walls; joining antigovernment
demonstrations; possessing or circulating antiregime writings;
preaching sermons with a distinct antiregime political tone;
and harboring or associating with persons committing such acts.
In April security forces detained 14 Shi'a students following a
sectarian schoolyard brawl and held them for 2 months without
charge.  In early December, a Shi'a imam and approximately 12
of his followers were arrested for inciting violence against
the Government and foreign residents.  Following their arrest,
protesters demanding their release staged a series of large,
sometimes violent, demonstrations in Manama and several Shi'a
villages.  Throwing stones and Molotov cocktails, the
protesters attacked two police stations, public security
vehicles, and two branches of the National Bank of Bahrain.  At
least three demonstrators and one policeman were killed in the
clashes.  The police detained approximately 500 to 600 persons,
nearly all of whom were arrested for committing illegal acts,
such as skirmishing with police or vandalism.  Demonstrations
continued in mid-January and the police detained several
hundred more demonstrators.
The authorities continue to use the revocation of citizenship
and exile to punish individuals suspected or convicted of
antiregime activity.  During the 1980's, in the aftermath of
the Iranian Revolution and an aborted coup attempt by
pro-Iranian elements, the Government deported without trial a
significant number of citizens.  In 1994 the Amir granted
amnesty to 21 of these exiles and their families, allowing them
to return to Bahrain.
Throughout 1994 the authorities detained individuals at the
airport who sought to return without the benefit of amnesty,
and returned them to their point of origin.  The authorities
also revoked the citizenship of two citizens of Iranian descent
who were convicted in 1988 of security offenses, and deported
them to Iran after they completed serving their prison terms.
The authorities maintain that they present prospective
returnees with the evidence against them and give them the
choice of standing trial or continuing to reside abroad for a
specified period of time.  In some cases, the Government
maintains that individuals have legally forfeited their
citizenship by their acceptance of foreign citizenship or
participation in antiregime activities.
However, emigre groups and their local contacts challenge both
assertions.  They argue that most exiles would prefer to stand
trial than continue to live abroad, and that the revocation of
citizenship without due process violates the Constitution.
According to emigre groups, approximately 100 to 150 Bahrainis
live in exile.  This figure includes those who are prohibited
from returning and their family members who voluntarily live
abroad with them.
     e.  Denial of Fair Public Trial
An arrested persson may be tried in an ordinary criminal court
or, if required by the prosecution, in the Security Court.
Ordinary civil or criminal trials provide procedural guarantees
for an open trial, the right to counsel (with legal aid
available when necessary), and the right to appeal.  However,
some attorneys and family members involved in politically
sensitive criminal cases complained that the Government
interfered with normal court proceedings to influence the
outcome or to prevent court judgments from being carried out.
Allegations of corruption in the judicial system have also been
made from time to time, although corruption does not appear to
be a pervasive problem.  There are precedents in which the
Amir, Prime Minister, and other senior government officials
have lost cases brought by private citizens.  The judgments in
such cases were carried out.
Security cases are tried directly by the Supreme Court of
Appeal, which sits as the Security Court.  Procedures in the
Security Court do not provide appropriate safeguards.  The
Security Court is exempted from adhering to the procedural
guarantees of the Penal Code, trials are held in secret, and
defendants do not have the right to ask for a review of the
legality of their arrests.  There were no reports of security
court trials in 1994.  Sentences imposed by the Security Court
may, at the discretion of the Court or the request of the
defendant's family, be referred to the Amir for clemency.
The total number of prisoners of all kinds, excluding those
arrested in the December riots, is believed to be between 270
and 300 persons, of whom a small number may be political
prisoners.  The number of political prisoners is difficult to
determine because the Government does not release information
on security cases and restricts visits to prisoners convicted
of security offenses.  The Government denies that there are any
political prisoners.  It claims that all individuals detained
for security offenses, including those arrested in the December
riots, the attempted coup in 1981, and a 1987 attempt to
destroy Bahrain's single oil refinery, were properly convicted
of criminal acts such as espionage, espousing or committing
violence, or belonging to terrorist organizations.
In accordance with tradition, the Government continued to
release and grant amnesty to a small number of prisoners,
including self-declared political prisoners, on major
holidays.  The Government released 44 prisoners in March,
including 10 convicted of security offenses in the 1980's; in
June it released and deported to Iran on the completion of
their sentences, 2 individuals convicted of security offenses
in 1988; and in December the Amir pardoned and released another
6 to 8 convicted criminals.  Government sources have indicated
that nearly all of the prisoners convicted for nonviolent
antiregime activity in the 1980's have been released by amnesty
or upon completion of their sentences.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law empowers the Ministry of Interior to authorize entry
into private premises without specific judicial authorization.
The authorities monitor some domestic and international
telephone calls and correspondence.  Police informer networks
are extensive and sophisticated.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
While the Constitution provides for the right "to express and
propagate opinions," citizens are not generally free to express
public opposition to the Al-Khalifa regime in speech or
writing.  The Government does not permit political meetings and
monitors gatherings that might take on a political tone.  The
security forces sometimes disperse such meetings.  The
Government prohibits press criticism of personalities in the
ruling family and on certain sensitive subjects, such as the
Hawar Islands dispute with Qatar.
The local press is free to report and comment on international
issues.  Discussion of local economic and commercial issues is
also relatively unrestricted.  In practice there are few
restrictions on the discussion of political and economic issues
in private settings, provided such discussions do not become
public.
The Information Ministry exercises sweeping control over all
local media.  Bahrain's privately owned newspapers routinely
exercise self-censorship of stories on sensitive topics.  In
1994 the Government prohibited a local editorial columnist from
publishing for 1 month following his criticism of government
policy during the Yemeni civil war.
The Government does not condone unfavorable coverage of its
domestic policies by the international media and has
occasionally revoked the press credentials of offending foreign
journalists.  Since the Ministry also sponsors foreign
journalists' residence permits, this action can lead to
deportation.  The Government deported a correspondent of the
British Broadcasting Company (BBC) in December for covering the
civil disturbances in a manner unfavorable to the Government.
In addition, Reuter withdrew its correspondent in April and did
not replace him after the Ministry of Information indicated
that his residence permit would not be renewed.  Other
international news services have frequently complained of
government restrictions.  Several news services have departed
Bahrain and established offices elsewhere in the region.
The State owns and operates all radio and television stations.
The Government does not interfere with radio and television
broadcasts from neighboring countries and from Egypt, nor does
it interfere with the English-language news from the British
Broadcasting Company and Cable News Network.  Many senior
government officials, ruling family members, and well-to-do
citizens receive international television broacasts via
satellite receiving dishes.  The Ministry of Information
closely controls access to these and the importation or
installation of them without government approval is illegal.
In October the Ministry established a 13-channel subscription
cable network and announced plans to add an additional 7
channels by the end of the year.
Although there are no formal regulations limiting academic
freedom, as a practical matter academics try to avoid
contentious political issues.  In general there is greater
latitude to discuss politics in an academic setting.
Nevertheless, strict limits are observed, and research,
publications, and public discussions critical of the Government
are highly infrequent.
     b.  Freedom of Peaceful Assembly and Association
Despite the Constitution's affirmation of the right of free
assembly, the Government prohibits public political
demonstrations and meetings.  Religious gatherings that may
take on political overtones are strictly controlled.  In
January and March security forces dispersed Shi'a Muslim
gatherings commemorating the death of Iranian Grand Ayatollah
Golpayegani at the Al-Mu'min mosque in Manama and closed the
mosque temporarily, ostensibly on the grounds that the
gatherings had become political and confrontational.
In July and September, security forces used tear gas to break
up large, Shi'a-led demonstrations at the Ministry of Labor and
Social Affairs.  After each of these incidents, suspected
leaders and active participants were briefly detained for
questioning, usually on grounds of participating in or inciting
violence.  All were later released without charge.
The Government prohibits political organizations.  Some
professional societies and social and sports clubs have
traditionally served as fora for discreet political discussion,
but these are restricted by law from engaging in political
activity.  Only the Bar Association has been granted an
exemption to the regulation requiring all associations to state
in their constitutions that they will refrain from political
activity.  The Bar Association successfully argued that a
lawyer's professional duties may require certain "political"
actions, such as interpreting legislation or participating in a
politically sensitive trial.  Since the Gulf War the Government
has been more tolerant of informal discussion of some political
issues, but organized discussions and meetings are still
actively discouraged.  The Government requires permits for most
public gatherings, and does not routinely grant permission.
     c.  Freedom of Religion
The population is overwhelmingly Muslim, and Islam is the state
religion.  However, Christians and other non-Muslims, including
Jews, Hindus, and Baha'is, are free to practice their religion
and maintain their own places of worship.  Bibles and other
Christian publications are displayed and sold openly in local
bookshops, which also sell Islamic and other religious
literature.  Religious tracts of all Islamic sects, cassettes
of sermons delivered by Muslim preachers from other countries,
and publications of other religions are readily available.  The
Government discourages proselytizing by non-Muslims and
prohibits anti-Islamic writings.  However, it does not
interfere with conversions from Islam to other religions.
Both Sunni and Shi'a sects are subject to governmental control
and monitoring, but the Government does not interfere with
routine religious activities.  Public religious events, most
notably annual commemorative marches by the Shi'a, are
permitted but are closely watched by the police.  There are no
restrictions on the number of citizens permitted to make
pilgrimages to Shi'a shrines and holy sites in Iran and Iraq.
However, in the past, the Government strongly discouraged
religious study in and pilgrimages to Iran.  Although the
Government continues to monitor travel to Iran and scrutinizes
carefully those who choose to pursue religious study there,
Bahraini travel to Iran for pilgrimages, business trips,
tourism, and family visits is increasingly common.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to move within the country and change their
place of residence or work.  However, the Government may deny
issuance of passports on political grounds.  Under the 1963
Citizenship Law, the Government may reject applications to
obtain or renew passports for "reasonable cause," but the
applicant has the right to appeal such decisions before the
High Civil Court.  The Government has also issued "temporary
passports" to individuals whose travel it wishes to control or
whose claim to citizenship is questionable.  At least 3 to 5
percent of the indigenous population, mostly Shi'a Muslims of
Iranian origin, do not have passports and cannot readily obtain
them, although they may be issued travel documents as residents
(see Section 5).  Noncitizen residents may also obtain
"laissez-passers" or temporary passports.  These documents are
valid for 2 years and may be reissued at Bahraini embassies
overseas.  "Laissez passer" holders are required to obtain
visas to reenter Bahrain.
In 1994 the Government continued to allow the repatriation of
certain persons who have lived in exile (see Section 1.d.).
The Government does not usually accept refugees.  However, it
does not repatriate those refugees who arrive in Bahrain.  The
Government has granted some Iranian emigres permission to
remain in Bahrain, but has not granted them citizenship.
During the Yemeni civil war in 1994, the Government accepted
approximately 10 Yemeni casualties for medical treatment.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right or ability peacefully to change
their government or their political system, and the Government
strictly controls all political activity.  Since the
dissolution of the National Assembly in 1975, there have been
no formal democratic political institutions, political parties,
or opposition organizations.  The Prime Minister appoints all
members of the Cabinet.  About one-third of the Cabinet
ministers are Shi'a, although they do not hold security-related
offices.  All other government positions are appointed by the
relevant ministries.  The ordinary citizen may attempt to
influence government decisions through submission of written
petitions and informal contact with senior officials.
The Government established a 30-member Consultative Council, or
Majlis Al-Shura, in 1992.  The Majlis held its second session
from October 1993 to May 1994, and began its third session in
October.  The members of the Majlis are evenly divided between
Sunni and Shi'a and were appointed by the Amir to represent the
major constituent groups, including business, labor, the
professions, and the religious communities.  There are no
members of the ruling Al-Khalifa family in the Majlis.  The
Chairman is a Shi'a who formerly was Minister of Transport and
Communications.
Although the Majlis has no formal legislative power, it may
draft legislation for the Cabinet and Prime Minister to approve
and is empowered to summon and question Cabinet ministers.
According to the Speaker, the Government responded positively
to about 85 percent of the Majlis's recommendations by
incorporating them into legislation or by taking other
appropriate actions.  However, since all Majlis meetings are
closed, little information is available to verify this claim.
In the autumn and winter, 14 prominent religious and secular
figures circulated a petition calling for the return of the
National Assembly or elections for a new assembly.  The
petition reportedly has 20,000 signatures but at year's end had
not been formally presented to the Government.  The Government
is aware of the petition but has not responded to the
petition's demands or taken any legal action against the
drafters.  However, the authorities dismissed a senior employee
of the Ministry of Public Works, Power and Water from his job
after he disobeyed instructions not to circulate the petition
on ministry grounds during workhours.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no local human rights organizations.  Because of the
restrictions on freedom of association and expression, any
independent, domestically based investigation or public
criticism of the Government's human rights policies would face
major obstacles.  A number of groups based abroad claim to
report on human rights violations, including the Committee for
the Defense of Human Rights in Bahrain in Damascus, the Bahrain
Freedom Movement in London, and the Bahrain Human Rights
Organization (formerly the Committee for the Defense of
Political Prisoners in Bahrain) in Copenhagen.  These groups
are composed of small numbers of emigres and often receive
funding from governments hostile to the Al-Khalifa regime.
The Government has consistently characterized as baseless
charges of torture and denial of access to detainees, but it
has not taken practical steps to refute such charges.  The
Government maintains that it is "not opposed" to visits in good
faith by "bona fide human rights organizations," and it has
engaged in dialog with the International Committee of the Red
Cross (ICRC) and Amnesty International (AI).  However, by the
end of 1994, there were no substantive visits by ICRC or AI
representatives, despite tentative "invitations" extended by
the Government.  In practice, international human rights
organizations have found that operating in Bahrain is difficult.
BAHRAIN2
DTITLE: BAHRAIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women encounter various forms of discrimination.  Islamic law,
or Shari'a, governs some of the social and legal rights of men
and women.  Specific rights vary according to the Shi'a or
Sunni interpretation of Islamic law.
While both Shi'a and Sunni women have the right to initiate a
divorce, religious courts may refuse the request.  Occasionally
Shi'a women seeking divorce must travel outside of Bahrain, as
the Ja'afari sect courts in Bahrain are said to lack a
religious scholar of sufficient rank to issue rulings in
controversial cases.  Women of either sect may own and inherit
property and may represent themselves in all public and legal
matters.  In the absence of a direct male heir, Shi'a women may
inherit all property; by contrast, Sunni women--in the absence
of a direct male heir--inherit only a portion, with the balance
divided among male relatives of the deceased.
In the event of divorce, the courts routinely grant Shi'a and
Sunni women custody of daughters under the age of 9 and sons
under age 7, although custody usually is awarded to the father
once the children reach those ages.  In all circumstances
except mental incapacitation, the father, regardless of
custody, retains the right to make certain legal decisions for
his children, such as guardianship of any property belonging to
the child until the child reaches legal age.  A non-Bahraini
woman automatically loses custody of her children if she
divorces their Bahraini father.
Women may obtain passports and travel abroad without the
permission of a male head of the household.  Women are free to
work outside the home, drive cars without escorts, and wear the
clothing of their choice.  Many women wear Western dress
outside the home.
Women constitute over 20 percent of the work force.  The
Government has encouraged the hiring of women, enacted special
laws to promote female entry into the work force, and is a
leading employer of women.  The Labor Law does not discriminate
against women; however, some women's groups complain about
informal discrimination in the workplace, including inequality
of wages and denial of opportunity for advancement.  Except for
a few exempted professions, such as nursing, women are
prohibited from working at night.  Generally, women work
outside the home during the years between secondary school or
university and marriage.  Women make up the majority of
students at universities.  There are women's organizations
which seek to improve the status of women under both civil and
Islamic law.
Increasingly, women have expressed the view that, despite
growing female participation in the work force, women are not
significantly advancing their rights and that much of their
lack of progress is due to the influence of Islamic religious
traditionalists, especially in the government-run school system
and in the Shari'a courts.  Other women, however, desire a
return to more traditional religious values and support calls
for a return to Islamic patterns of social behavior.
Violence against women is known to occur, but knowledge of
incidents is usually kept within the family.  There is
virtually no public discussion of the issue.  No government
policies explicitly address violence against women.  Women's
groups and health care professionals state that spouse abuse is
relatively common.  There are very few known instances of
Bahraini women seeking legal redress for violence, and
anecdotal evidence suggests that the courts are not receptive
to such cases.
Foreign women working as domestic servants sometimes report
assault and sexual abuse to local embassies and the police, but
most victims are too intimidated to sue their employers.  Those
who do sue appear to be received sympathetically in the courts.
     Children
The Government has often stated its commitment to the
protection of children's human rights and welfare within the
country's social and religious framework.  The Government
honors this commitment through enforcement of its civil and
criminal laws and an extensive social welfare network.
The status of children is shaped by tradition and religion to a
greater extent than by civil law.  Public discussion of child
abuse is rare, and the preference of the authorities has always
been to leave such matters within the purview of the family or
religious groups.  The authorities actively enforce the laws
against prostitution, including child prostitution and
procuring.  They deal harshly with violators.  In some cases,
the authorities reportedly return children arrested for
prostitution and other crimes to their families rather than
prosecute them, especially for first offenses.  The regular
courts hear juvenile cases.  Some legal experts have called on
the Government to establish a juvenile court, but other
citizens insist that the protection of children is a religious,
not a secular, function and oppose greater government
involvement.  Independent and quasi-governmental organizations
play an active part in protecting children by providing
counseling, legal assistance and advice, and, in some cases,
shelter and financial support to distressed children and
families.
     National/Racial/Ethnic Minorities
A group of 3,000 to 5,000 mostly Iranian-origin Shi'a, commonly
known as "bidoon" (those without), enjoy less than full
citizenship.  Many are second- or third-generation residents
whose ancestors emigrated from Iran.  Although they no longer
claim Iranian citizenship, the law does not grant them Bahraini
citizenship.  Without citizenship, they are officially unable
to buy land, start businesses, or obtain government loans,
although in practice many do.  The Government maintains that
many of those who claim to be "bidoon" are actually citizens of
Iran or other Gulf states who have voluntarily chosen not to
renew their foreign passports.
Those bidoon and Bahrainis who speak Farsi, rather than Arabic,
as their first language, also face significant social and
economic obstacles, including difficulty finding employment.
     Religious Minorities
Although there are notable exceptions, the Sunni Muslim
minority enjoys a favored status in Bahrain in comparison with
the Shi'a Muslim majority.  Sunnis generally receive preference
for employment in sensitive government positions and in the
managerial ranks of the civil service.
Shi'as are not allowed to hold significant posts in the defense
and internal security forces.  However, they occupy most of the
senior positions in the major government-owned industries and
are disproportionately represented in the educational sphere as
secondary school teachers, professors, and university
administrators.  In general, lower paid workers in the private
sector tend to be Shi'a because of the larger proportion in
that group--and the much larger absolute number--who are poorly
educated.  Social and municipal services in most Shi'a
neighborhoods, particularly in rural villages, are inferior to
those in Sunni urban communities.  In an effort to remedy
social discrimination, improve living conditions for the Shi'a,
and encourage integration, the Government has built numerous
subsidized housing complexes open to all citizens on the basis
of financial need.
     People with Disabilities
The law protects the rights of people with disabilities, and a
variety of governmental, quasi-governmental, and religious
institutions are mandated to support and protect disabled
persons.  The Regional (Arabian Gulf) Center for the Treatment
of the Blind is headquartered in Bahrain, and a similar center
for the education of deaf children was established in 1994.
Society tends to view people with disabilities as special cases
in need of protection rather than as fully functioning members
of society.  Nonetheless, the law requires the Government to
provide vocational training for disabled persons wishing to
work.  The Labor Law of 1976 also requires that any employer
employing over 100 employees engage at least 2 percent of its
employees from the Government's list of disabled workers.  The
Ministry of Labor and Social Affairs works actively to place
people with disabilities in public sector jobs, such as in the
public telephone exchanges.  The Government's housing
regulations require that access be provided to disabled
persons.  Most large public buildings (including the Ministries
of Foreign Affairs and Defense, the University, and schools)
are equipped with ramps and other aids which make them
accessible to disabled persons.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution recognizes the right of workers to organize,
but trade unions do not exist, and the Government does not
encourage their establishment.  However, labor regulations
allow the formation of elected workers' committees in the
larger Bahraini companies.  Worker representation is based on a
system of Joint Labor-Management Consultative Councils (JCC's)
established by ministerial decree.  In 1994 four new JCC's were
established in the private sector, including one in a major
hotel.  Twelve preexisting JCC's cover the major state-owned
industries.  The JCC's are composed of equal numbers of
appointed management representatives and worker representatives
elected from and by company employees.
The elected labor representatives of the JCC's select the 11
members of the General Committee of Bahraini Workers (GCBW),
established in 1983 by law, which oversees and coordinates the
work of the JCC's.  The Committee also hears complaints from
Bahraini and foreign workers and assists them in bringing their
complaints to the attention of the Ministry of Labor or the
courts.  The JCC-GCBW system represents close to 70 percent of
the island's indigenous industrial workers, although both
government and labor representatives readily admit that
nonindustrial workers and expatriates are underrepresented by
the system.  Expatriate workers, who comprise 67 percent of the
work force, may participate in JCC elections.  No expatriate
worker, however, currently sits on the board of the GCBW.
The Labor Law neither prohibits nor guarantees the right to
strike.  The 1974 Security Law forbids strikes that are
perceived to be detrimental to the "existing relationship"
between employers and employees or to the economic health of
the state.  No major strikes took place in 1994, but
small-scale walkouts and other job actions have occurred, often
with favorable results for the workers.
The GCBW represents workers at the International Labor
Organization and in the Arab Labor Organization, but does not
belong to any international trade union organizations.  A
Bahraini Ministry of Labor official currently chairs the
governing body of the Arab Labor Organization.
     b.  The Right to Organize and Bargain Collectively
As in the case of strikes, the Labor Law neither prohibits nor
guarantees the right to organize and bargain collectively.  The
GCBW represents workers' interests in tripartite negotiations
with management and government representatives.  While the
JCC's are empowered to discuss labor disputes, organize
workers' services, and discuss wages, working conditions, and
productivity, the workers have no independent, recognized
vehicle to represent their interests in these or other labor
issues.  JCC's make suggestions to management on some working
conditions and limited aspects of wage issues, but management
must agree before a proposal can be put in force.
Minimum wage rates are established by Council of Ministers'
decree.  Increases in wages above the minimum, which are
subject to discussion in the JCC's, are set by management, with
government salaries for comparable work often serving as an
informal guide.  Private businesses generally follow the
Government-JCC lead in establishing their wage rates.
There are two export processing zones, but labor law and
practice are the same in these zones as in the rest of the
country.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is legally prohibited, and the Labor
Ministry is charged with enforcing the law.  The Ministry
enforces the labor laws with periodic inspections and routinely
fines violators.  New provisions to the Labor Law passed in
November 1993 stiffened the maximum fines and mandated
imprisonment for certain violations.  The press often performs
an ombudsman function on labor problems, reporting instances in
which private sector employers compelled foreign workers from
developing nations to perform work not specified in their
contracts and other abuses, as well as Ministry of Labor
responses.  The press regularly reports the results of labor
cases brought before the courts.  In September Bahraini courts
awarded three Filipino domestic workers back pay and damages in
cases against their employers.
Once a complaint has been lodged by a worker, the Labor
Ministry opens an investigation and often takes remedial
action.  Although the Ministry takes such cases seriously,
abuses undoubtedly go unreported, particularly those involving
domestic workers and others working illegally in Bahrain.  The
Labor Law stipulates that any Bahraini found guilty of
illegally sponsoring foreign workers may be sentenced to 6
months in prison for each worker.  However, the Government's
efforts to deport illegally sponsored workers make these
domestic workers reluctant to bring cases of abuse to the
courts.  The intense fear of deportation almost certainly
allows some sponsoring employers to impose abusive conditions,
which approach coerced or bonded labor, on their employees.
     d.  Minimum Age for Employment of Children
The minimum legal age for employment is 14.  Juveniles between
the age of 14 and 16 may not be employed in hazardous
conditions or at night and may not work over 6 hours per day or
on a piecework basis.  Ministry of Labor inspectors effectively
enforce child labor laws in the industrial sector; child labor
outside that sector is less well monitored but is not believed
to be significant outside family-operated businesses.
     e.  Acceptable Conditions of Work
Minimum wage scales, set by government decree, exist for public
sector employees and generally afford a decent standard of
living for workers and their families.  The current minimum
wage for the public sector is $237 (91 dinars) a month.  Wages
in the private sector are determined on a contract basis.  For
foreign workers, employers consider benefits such as paid
annual trips home and housing and education bonuses part of the
salary.
The Labor Law, enforced by the Ministry of Labor and Social
Affairs, mandates acceptable conditions of work for all adult
workers, including adequate standards regarding hours of work
(maximum 48 hours per week) and occupational safety and
health.  Complaints brought before the Ministry of Labor and
Social Affairs that cannot be settled through arbitration must,
by law, be referred to the labor court within 15 days.  In
practice, most employers prefer to settle such disputes through
arbitration, particularly since the court and Labor Law are
generally considered to favor the employee, and the rulings in
such cases are often published in the local press.  Under the
Labor Law, workers have the right to remove themselves from
dangerous work situations without jeopardy to their employment.
The Labor Law stipulates significant fines and jail sentences
for private sector employers who fail to pay legal wages.  This
law applies equally to employers of Bahrainis and expatriates
and is intended to reduce abuses against foreign workers who in
the past have sometimes been denied legal salaries.  The law
provides equal protection to Bahraini and foreign workers, but
all foreign workers still require sponsorship by Bahrainis or
Bahrain-based institutions and companies.  Subject to sanctions
for wrongful dismissal, sponsors are able to cancel the
residence permit of any person under their sponsorship and
thereby block them from obtaining entry or residence visas from
another sponsor.
The local press has reported instances of foreign workers
denied full wages, days off, vacations, or other guaranteed
conditions of employment, as well as the court rulings or
Ministry of Labor and Social Affairs actions taken in
response.  Nonetheless, government attempts to address
individual abuses in these and other cases are often hampered
by the workers' unwillingness to make formal complaints.
The Labor Law favors Bahrainis and Arab expatriates over other
foreign workers in hiring and firing.  Because employers
include housing and other allowances in their salary scales,
expatriate workers legally may be paid lower wages than their
Bahraini counterparts, although they sometimes receive the same
or greater total compensation because of home leave and holiday
pay allowances.  Women are entitled to 60 days of paid
maternity leave, nursing periods during the day, and up to 1
year of unpaid maternity leave.  However women are generally
paid less than men.
BANGLADE1
!b!bTITLE: BANGLADESH HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           BANGLADESH
Bangladesh is a parliamentary democracy headed by Prime
Minister Khaleda Zia, leader of the Bangladesh Nationalist
Party (BNP).  Opposition parties include the Awami League, the
Jatiyo Party, the Jamaat-E-Islami, and several smaller
parties.  The opposition began to boycott Parliament in March,
demanding that the Government establish a caretaker government
to conduct national elections in early 1996.
The Home Affairs Ministry controls the police and paramilitary
forces which bear primary responsibility for maintaining
internal security.  The army and paramilitary forces are
responsible for security in the Chittagong Hill Tracts (CHT),
where a tribal force has waged a low-level insurgency for 20
years.  There were fewer violent incidents in the CHT in 1994
than in the past.  A cease-fire between government forces and
insurgents generally held throughout the year.  Because the
Government strictly controls access to the CHT, it is not known
whether security forces there committed abuses in 1994.
Bangladesh is a poor country; approximately 40 percent of its
122 million people exist on incomes insufficient to meet
minimum daily needs.  Sixty percent of the work force is
involved in farming, which accounts for approximately
40 percent of the gross domestic product.  Efforts to reform
the economy have been stymied by political stalemate, public
sector enterprises, and other entrenched interests.
The Government continues to restrict or deny many fundamental
rights.  The Government's issuance of a warrant for the arrest
of Bangladeshi author Taslima Nasreem for insulting religious
beliefs, and its failure to prosecute those who made death
threats against her, drew international attention and raised
questions about the Government's commitment to freedom of
expression.  The Government continued to use national security
laws to detain political opponents and other citizens without
formal charge, although the Government allowed the
Antiterrorism Act to expire on November 5.  Police routinely
use torture and other abuse in interrogating suspects.  Some
victims died in police custody.  The Government rarely convicts
and punishes those responsible for torture or causing unlawful
deaths.  Violence against women remained a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
According to government figures, 64 persons died while in
custody.  In cases where post mortems were performed, there was
no evidence that any prisoner died from maltreatment.  However,
continual reports of police abuse and deaths of prisoners
indicate that this claim is deceptive and masks serious abuse.
For example, on March 4, police arrested a truck driver in
Nishindara and reportedly beat him to death.  Eight police
officers were suspended as a result of this incident; however,
there is no indication of further punishment.  On November 27,
a 21-year-old man died while in police custody (see Section
1.c.).
Violence, often resulting in killings, is a feature of the
political process.  Demonstrators from all parties, and even
within parties, often clash during rallies and demonstrations.
Violence among student political groups reportedly resulted in
27 deaths, 1,500 injuries, and the closure of 45 educational
institutions.  On July 26, 4 people were killed and over 100
injured at a rally in Chittagong when forces of Jamaat-e-Islami
clashed with supporters of the All Party Students Unity.
     b.  Disappearance
There were no reports of disappearances resulting from
government actions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture and cruel, inhuman,
or degrading punishment, police systematically employ
psychological and physical torture and other abuse during
arrests and interrogations.  Torture may consist of threats,
beatings, and, occasionally, the use of electric shock.  On
November 27, the police reportedly beat to death a 21-year-old
male detainee; but official sources alleged that the man died
of cardiac arrest.  The Goverment has ordered a second autopsy
and an investigation is under way.  In the past, some police
officers have been suspended for abusing detainees.
Nonetheless, a climate of impunity remains a major obstacle to
ending torture and abuse.
Most prisons are overcrowded and lack adequate facilities.
There are three classes of cells:  A, B, and C.  Common
criminals and low-level political workers are generally held in
C cells which often have dirt floors, no furnishings, and poor
quality food.  The use of restraining devices on prisoners in
these cells is common.  Prisoners in the C cells reportedly
suffer the worst abuses, including beatings or being forced to
kneel for long periods.  Conditions in B and A cells are
markedly better; A cells are reserved for prominent prisoners
(including former President Ershad).  A government-appointed
committee of private citizens monitors prisons monthly but does
not release its findings.
Former President Ershad is serving a 20-year sentence.  In 1992
his supporters filed a writ of habeas corpus in the Supreme
Court asserting that his living conditions were inhumane and
that he has been denied proper medical care.  The Court has not
yet rendered judgment.  The Government maintains that Ershad
receives competent medical care and that his condition has
improved and is satisfactory.
     d.  Arbitrary Arrest, Detention, or Exile
The Government continued to use national security legislation
to detain citizens without formal charges, though to a lesser
extent than the past.  The two most widely used statutes are
the Special Powers Act of 1974 (SPA) and the Suppression of
Terrorist Offenses Bill of 1992, often called the Antiterrorism
Act.  The Government allowed the Antiterrorism Act to expire in
November, claiming that the law had achieved its purpose.
Under the SPA, the Government may detain anyone deemed "a
threat to the security of the country" for 30 days.  At the end
of that time, it must either charge or release the detainee.
In practice, detainees are sometimes held for longer periods
without charge.  If the Government files charges, detainees
have 15 days to appeal the detention order to the Home
Ministry, which may grant early release.
After 6 months, a review panel examines detainees.  If the
Government adequately defends its detention order, the detainee
remains imprisoned; if not, the detainee is released.
Detainees are allowed to consult with lawyers while in
detention, although usually not until a charge is filed.
Detainees may receive visitors, and incommunicado detention is
not practiced.
From January to September, the authorities detained 1,498
persons under the SPA.  As of October, the courts reviewed
1,100 cases and ordered 789 detainees released.  The courts
upheld the detention orders in the other cases.
In the first 9 months of 1994, the authorities arrested
856 persons under the Antiterrorism Act and filed charges in
289 cases.  However, the courts adjudicated only 14 cases, 7 of
which ended in conviction.  Between its inception in 1992 and
September 15, the authorities arrested 3,358 persons under the
Antiterrorism Act, and filed 1,394 cases.  On November 5, the
date on which the Antiterrorism Act expired, 489 cases were
pending.  The Government has introduced legislation to dispose
of those cases.
     e.  Denial of Fair Public Trial
The court system has two levels, the Low Court and the Supreme
Court.  Both hear civil and criminal cases.  Trials are
public.  The Low Court consists of magistrates, who are part of
the administrative branch of government, and session judges,
who belong to the judicial branch.  The Supreme Court is
divided into two sections, the High Court  and the Appellate
Court.  The High Court hears original cases and also reviews
cases from the Low Court.  The Appellate Court has jurisdiction
to hear appeals of judgments, decrees, orders, or sentences of
the High Court.  Rulings of the Appellate Court are binding on
all other courts.
The judiciary displays a high degree of independence,
especially at the higher levels.  It often rules against the
Government in criminal, civil, and even politically
controversial cases.  In one politically sensitive case, an
appellate court in June upheld the April 1993 High Court
decision to restore the citizenship of Jamaat-E-Islami leader
Golam Azam.  The Government argued that Azam did not qualify
for full citizenship because he allegedly committed or condoned
war crimes while fighting on the side of Pakistan during the
war of independence.
The law provides the accused with the right to be represented
by counsel, to review accusatory material, to call witnesses,
and to appeal verdicts.  In practice, the largely rural,
illiterate population does not always understand these rights,
nor do the authorities always respect them.  There is a system
of bail.  However, if bail is not granted, the law does not
specify a time limit on pretrial detention.  State-funded
defense attorneys are provided in only a limited number of
cases, and there are few legal aid programs to offer financial
assistance.
The largest problem of the court system is the overwhelming
backlog of cases.  As of September, over 500,000 cases were
pending in criminal and metropolitan courts; in Dhaka alone,
approximately 25,000 cases were pending trial.
The Government claims that it holds no political prisoners.
However, it has arrested some opponents under the SPA for
political reasons.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law requires authorities to obtain a judicial warrant
before entering a home.  However, human rights monitors assert
that the police rarely obtain warrants and officers violating
the procedure are not punished.
In addition, the SPA permits searches without a warrant.  Some
opposition members and CHT tribal leaders maintain that the
intelligence services illegally monitor their telephones and
mail.  Sheikh Hasina, leader of the opposition Awami League,
charged that the Government taps her telephones and has her
under surveillance.  The Government denied tapping her
telephone, but admitted that the "surveillance" was provided
for her protection.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The Shanti Bahini, a tribal group, has waged a low-level
conflict in the CHT since the early 1970's to deter Bengali
settlers who seek to exploit the Tract's fertile and
unpopulated land.  Government settlement programs increased the
number of Bengali inhabitants in the CHT from 3 percent in 1947
to an estimated 45 percent in 1994.  Although the Government
prohibits further settlement of the area, some settlers
continue to move in.
All sides--indigenous tribes, settlers, and security
forces--have accused each other of human rights violations.  It
is difficult to verify facts in specific incidents because
government travel restrictions, tight security, difficult
terrain, and unsafe conditions created by the insurgency limit
access to the area.
In November 1993, violence erupted in the remote town of
Naniarchar when a tribal group demonstrated for removal of a
security checkpoint.  A group of Bengali settlers reportedly
attacked the demonstrators and other persons in the town and
looted and burned tribal homes.  At least 27 people were killed
and 100 injured before the police and army restored order.  At
the end of 1994, a government commission which investigated the
violence had not issued an official finding.
There were no major violent incidents in the CHT in 1994.  The
Government continued its talks with Shanti Bahini's political
wing, the Jana Sanghati Samiti (JSS), and the two sides agreed
on December 26 to extend their cease-fire until March 31, 1995,
when talks between the two groups are scheduled to resume.  The
Government also extended the amnesty for insurgents until March
31, 1995.
The Government facilitated the return of Chakma members who had
fled the conflict in the CHT and sought shelter in refugee
camps in India.  More than 2,000 refugees had returned by
midyear.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech, expression,
and press, subject to "reasonable restrictions" in the interest
of security, friendly relations with foreign states, public
order, decency, or morality, or to prohibit defamation or
incitement to an offense.  The Government generally respects
freedom of speech, with the exception of perceived criticism of
Islam (see below).
There are frequent public rallies and speeches in opposition to
government policies.  Opposition political parties used public
rallies as the main venue to express their views after they
walked out of the Parliament in early 1994.
Newspaper ownership and content are not subject to government
restriction.  The press, numbering hundreds of daily and weekly
publications, is a forum for a wide range of views.
The Government seeks to influence newspapers by the placement
of advertising.  The Information Minister has publicly stated
that one criterion for the placement of government advertising
is the "objectivity" of a newspaper's reporting.  Some editors
complain that the Government's use of its advertising budget to
punish critical newspapers leads to self-censorship.
The Government also owns the only newsprint mill in the
country, giving it the power to shut down a newspaper by
denying it newsprint.  It determines how newsprint is
allocated, and, until recently, prohibited its import.
Foreign publications are subject to censorship.  An issue of
Time magazine was banned in January, reportedly for publishing
a photo of a model wearing a dress with verses from the Koran
embroidered on it.  On the other hand, the authorities
permitted entry of foreign newspapers carrying editorials
critical of the Government's handling of the Taslima Nasreen
case (see below).
The Government arrested several journalists for "offending the
religious sentiments of the people"--a violation of Section
295(a) of the Penal Code.  Three editors of the daily
Janakantha were arrested for printing a satirical fable mocking
Islamic clerics who misinterpret the Koran.  One editor was
granted bail; the others were imprisoned for several weeks.
Their case is still pending.  The authorities issued warrants
for the arrest of a reporter and editor of Ajke Kagoj and sued
the editor for publishing an article critical of the
Jamaat-i-Islami, an Islamist political party.
Two editors were threatened with legal action.  In one case the
editor of Bangla Bazaar Patrika, Motiur Rahman Chowdhury, wrote
a story about the alleged involvement of Special Advisor to the
Prime Minister Morshed Khan in a banking scandal.  Khan brought
a case against Chowdhury, who was arrested and released on
bail.  The case has not yet come to trial.  In the second case,
the editor of Ajker Kagoj, Kazi Shahed Ahmed, wrote stories on
the alleged role of leaders of the Jamaat-i-Islami Party as
collaborators with the Pakistanis during Bangladesh's 1971 war
for independence.  Charges brought by Jamaat partisans resulted
in warrants for Ahmed's arrest.  He surrendered to the court
and was granted bail.  The case remains in the court system.
Several media organizations and bookstores were attacked with
stones and Molotov cocktails by groups of Islamic
fundamentalists because they were allegedly "against
religion."  The Information Minister condemned the attacks, but
the Government took no legal action against the instigators.
Some fundamentalist groups threatened a number of journalists,
set fire to newspaper offices, intimidated newspaper sellers,
and offered rewards for the murder of well-known writers and
editors.  The Government did not fully investigate such
incidents and failed to prosecute the perpetrators.
In May, while visiting India, author Taslima Nasreen became the
target of Islamists' ire after the Indian newspaper, The
Statesman, quoted her as saying that the Koran should be
revised.  Nasreen had gained prominence in 1993 when the
Government banned her book "Lajjya" ("Shame"), a fictional
account of atrocities committed against a Hindu family by
Muslim neighbors, for inciting communal misunderstanding and
violence.
After The Statesman interview, Nasreen claimed that she had
stated only that Islamic law should be changed to improve the
lot of women, and that the Koran was "out of place and out of
time"--rather than in need of revision.  Nonetheless, Nasreen
became the object of death threats and protests staged by
fundamentalist groups.  In June the Government issued a warrant
for her arrest, citing the section of the Penal Code which
stipulates punishment of anyone who intentionally insults
religious beliefs.  As a result of the arrest warrant and death
threats, Nasreen went into hiding.
International media, human rights groups, and foreign
governments criticized the Government for failing to take
action against those calling--and offering money--for Nasreen's
death.  The Government finally warned the public against making
death threats.  On August 3, Nasreen appeared under heavy guard
before the High Court which granted her bail and police
protection.  Following a court order voiding her arrest
warrant, Nasreen departed Bangladesh on August 9 for Sweden and
did not return to Bangladesh in 1994.  Nasreen's trial
continues, although in January 1995 the High Court ruled that
the Government must provide a special sanction for the charges
because Nasreen's acts allegedly took place in a foreign
country.  The Government has not yet responded to this order.
By law, Nasreen may be tried in absentia.
The Government owns and controls all the broadcast media which
provide more favorable coverage of the Government than of the
opposition.  This was particularly true of government
television's very slanted coverage of January mayoral elections
in Dhaka and three other major cities.
The availability of Cable News Network (CNN) and the British
Broadcasting Company's (BBC) international news and features
for several hours a day on government television has
considerably increased the public's access to international
news.
The Government's film censor board continues to exercise
control over films.  In May it banned a locally produced
documentary on Chinese prodemocracy movements because the film
would injure the "susceptibilities of foreign nations."
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of every citizen to
form associations, subject to "reasonable restrictions" in the
interest of morality or public order.  In practice, individuals
are free to join private groups, but a local magistrate must
approve public meetings.  Occasionally, the Government
prohibits rallies for security reasons.
The Government frequently interferes with opposition rallies
and public meetings.  Police in Dhaka broke up a planned Jatiyo
Party rally on August 23 on the grounds that the organizers did
not have a permit.  Government officials also often cite a
statute which allows public assemblies to be prohibited--to
prevent possible violence--if two or more parties have
scheduled rallies for the same time and place.  Opposition
leaders claim that the ruling party, after learning of planned
opposition public gatherings, frequently schedules other
rallies for the same time and place.  Government authorities
then cancel both events, effectively thwarting the opposition's
right to free public assembly.
The Government and the opposition in October entered into a
political dialog in which one agenda item was agreement on a
code of conduct that would address issues such as public
assemblies.  The dialog failed when the opposition refused to
compromise on its demand for a caretaker government to
supervise the next national elections.
     c.  Freedom of Religion
Approximately 90 percent of Bangladesh's 122 million people are
Muslim.  The Constitution establishes Islam as the state
religion but also stipulates the right to practice the religion
of one's choice.  However, some members of the Hindu,
Christian, and Buddhist minorities believe the establishment of
Islam has led to hostility toward them and increased religious
tension (see Section 5).
The law permits citizens to proselytize.  However, strong
social resistance to conversion from Islam means that much of
the non-Muslim missionary effort is aimed at Hindus and tribal
groups.  The Government allows various religions to establish
places of worship, train clergy, travel for religious purposes,
and maintain links with coreligionists abroad.  Foreign
missionaries may work in Bangladesh, but their right to
proselytize is not protected by the Constitution.  Some
missionaries have encountered difficulties in obtaining
residence permits or reentry visas from the Government.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Except for certain areas within the CHT, citizens are able to
move freely within the country.  Travel by foreigners is also
restricted in the CHT and some other border areas.
Bangladeshis are generally free to travel abroad and emigrate.
In some instances the Government prohibits persons considered
to be security risks from traveling abroad.  The right of
repatriation is observed.
Approximately 250,000 Rohingyas (Muslims from Burma's Arakan
province) crossed into southeastern Bangladesh in late 1991 and
early 1992, fleeing Burmese repression.  Approximately 120,000
Rohingyas remain in 17 camps in the area of Cox's Bazar.  Camp
security officials subjected refugees in the camps to
intimidation and physical abuse in attempts to coerce the
Rohingyas to return to Burma.  The Government took substantial
steps to curb these abuses in mid-1994 at the urging of the
United Nations High Commissioner for Refugees (UNHCR) and some
foreign governments.  Efforts to repatriate the refugees gained
momentum due to a new willingness of the Burma Government
during the second half of 1994 to accept the refugees.  In
November alone, almost 20,000 refugees were repatriated and the
UNHCR indicated it hopes to continue to repatriate about 5,000
refugees per week.
There are about 238,000 non-Bengali Muslims, known as Biharis,
who remain in Bangladesh pending resettlement to Pakistan  (see
Pakistan report).
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Bangladesh is a multiparty, parliamentary democracy in which
elections by secret ballot are held on the basis of universal
suffrage.  Members of Parliament are elected at least every 5
years.  The Parliament has 300 elected members, with 30
additional seats reserved for women who are chosen by
Parliament.  Women are free to contest any seat in Parliament,
and some were elected in their own right in the last national
election, so there are more than 30 women members.  While seats
are not specifically reserved for them, other minority groups,
such as tribal peoples, are represented in the legislature.  In
the current Parliament there are 12 members from minority
groups out of a total of 330.
The last national elections were held in 1991 after the fall of
the government of H.R. Ershad.  The BNP won a plurality of
seats.  It cooperated with the Jamaat-i-Islami party to elect
enough women legislators to give the BNP a slim majority and
enable it to form a government.  The opposition is led by
Sheikh Hasina Wajed and her Awami League party.  While there
are a large number of minor parties, the most significant
opposition parties are the Awami League, the Jatiyo Party
(former President Ershad's party), and the Jamaat-i-Islami, the
major Islamic political party which holds 20 seats.
The Awami League and other opposition groups charged the BNP
with intimidation and vote-rigging in a parliamentary
by-election in the district of Magura, which the BNP won.  They
began a boycott of Parliament and have tried, thus far
unsuccessfully, to force the Government to resign in favor of a
caretaker government, which would oversee new elections.  The
opposition Members of Parliament resigned en masse on December
BANGLADE2
K<K<TITLE: BANGLADESH HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government generally permits human rights groups to conduct
their activities.  In 1994 such groups published reports, held
press conferences, and issued appeals to the Government in
regard to specific cases.
The Government is sensitive to international opinion regarding
human rights issues.  It sought to defend its handling of the
Taslima Nasreen case but was open to dialog with international
organizations and foreign diplomatic missions.
The Government has put pressure on individual human rights
advocates.  The Government did not issue a reentry visa to
Father Richard Timm, a Catholic priest and human rights
advocate who has worked in Bangladesh for over 40 years.
Father Timm had applied for the visa to travel abroad for
needed medical care.  Government sources indicated that they
are still considering Father Timm's case, but the Government
has taken no action for over a year.  In a similar case, the
Government took no action on the application for a visa
extension by Father Eugene Homrich, a long time resident
American priest.  This appears to be a result of his activities
in the Madhupur Forest region, where he works to promote the
rights of the Garos, a minority group.
The Government continues to deny registration to the Bangladesh
Human Rights Commission's Treatment Center for Trauma Victims,
making it impossible for the center to receive funds from
foreign donor organizations.  Many representatives of local
human rights groups were physically attacked by religious
extremists who considered their activities "un-Islamic."  The
Government failed to bring to justice those who engaged in such
violence.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that "all citizens are equal before the
law and are entitled to equal protection by the law."  In
practice, laws aimed at eliminating discrimination are not
strongly enforced.  In this context, women, children, minority
groups, and the disabled often confront social and economic
disadvantages.
     Women
Although there has been slow improvement over the last few
years, women remain in a subordinate position in Bangladesh
society, and the Government has not acted to protect their
basic freedoms.  Only 20 percent of women are literate,
compared to 35 to 40 percent of the general population.  In
rural areas, only 30 percent of primary school students are
female; less than 25 percent at the secondary level, and below
15 percent at the college and university level.  Women are
often unaware of their rights owing to high illiteracy rates
and unequal educational opportunities.  Strong social stigmas
and lack of economic means to obtain legal assistance
frequently keep women from seeking redress in the courts.
According to the 1961 Muslim Family Ordinance, female heirs
receive less inheritance than male heirs, and wives are more
restricted in divorce rights.  Men are permitted to have up to
four wives.
While job growth opportunities have been stronger for women
than for men in the past few years, this is almost entirely due
to the growth of the garment industry, in which female workers
are prevalent.  Women still occupy only a small fraction of
other wage-earning jobs, and hold fewer than 5 percent of
government jobs.  The Government's policy to include more women
in government jobs has had limited effect.
Violence against women is difficult to quantify because of
unreliable statistics, but observers say that wife beating is
widespread.  In 1994 human rights groups and the press reported
many incidents of violence against women, in only some of which
the perpetrators were reportedly prosecuted.  In villages
vigilante groups meted out humiliating, painful punishments,
including whipping, to women accused of moral offenses.
The Government has enacted laws specifically prohibiting
certain forms of discrimination against women, including the
Antidowry Prohibition Act of 1980 and the Cruelty to Women Law
of 1983.  Enforcement of these laws is weak, especially in
rural areas.  The Government seldom prosecutes vigorously those
cases that are filed.
     Children
The Government undertakes programs in the areas of primary
education, health, family planning, and nutrition.  The
Government made universal primary education mandatory in 1991,
but stated that it could not fully implement the law because of
a lack of resources.  Little progress was made in 1994.
Human rights monitors continue to report that many children
have been abandoned, kidnaped, sold into bondage, and employed
as prostitutes.  One human rights group claims that there are
about 29,000 child prostitutes.  The law does not allow anyone
under 18 to engage in prostitution, and stipulates a maximum
sentence of life imprisonment for persons found guilty of
forcing a child into prostitution.  However, procurers of
minors are rarely prosecuted.
     Indigenous People
Tribal peoples, especially in the Chittagong Hill Tracts, have
a marginal ability to influence decisions concerning the use of
their lands.  Until 1985 the Government regularly parceled out
the land in the Chittagong Hills to Bengali settlers.
The Government has moved toward granting the tribal peoples
more authority in the Chittagong Hill Tracts.  In July 1991,
tribal-dominated local government councils assumed control over
primary education, health, family welfare and the agricultural
extension service.  However, government security forces
continue to control law and order as well as land use (see also
Section 1.g.).
Tribal peoples in other areas have also reported loss of land
to Bengali Muslims through questionable legal practices and
other means.  For example, the Garo people, who live in the
Madhapur Forest region in north central Bangladesh, have
encountered problems in trying to maintain their cultural
traditions and livelihoods in the face of reforestation
projects in.  Human rights monitors in the region claim that
the Garos are being harassed and intimidated into leaving their
homes to make way for these government-run, internationally
financed projects.
     Religious Minorities
Hindus, Christians, and Buddhists make up an estimated 10
percent of the population.  Although the Government is secular,
religion exerts a powerful influence on politics.  The
Government is sensitive to the Muslim consciousness of the
majority of its citizens and has sought the political support
of the Jamaat-i-Islami, the country's large Islamic political
party.
Throughout the country, Islamic extremists violently attacked
women, religious minorities, journalists, writers, and
development workers.  The Government failed to denounce,
investigate, and prosecute perpetrators of these attacks.
Among the most serious attacks were those carried out against
nongovernmental organizations (NGO's) accused of conducting
anti-Islamic activities.  Some of the violence against NGO's
was prompted when Islamic religious leaders claimed that NGO's
denigrated Islam and coerced Muslims to convert to Christianity.
Religious minorities are in practice disadvantaged in such
areas as access to government jobs and political office.
Selection boards in the government services are often without
minority group representation.
Property ownership, particularly among Hindus, has been a
contentious issue since independence, when many Hindus lost
landholdings because of anti-Hindu discrimination in the
application of the law.  Reported cases of violence directed
against religious minority communities has also resulted in the
loss of property--most recently in December 1992 after Hindus
in India destroyed the Babri mosque.  Such intercommunal
violence has caused some members of religious minority groups
to depart the country.  However, there were no significant
instances of intercommunal violence in 1994.
     People with Disabilities
The laws provide for equal treatment and freedom from
discrimination for the disabled.  The Government has not
enacted specific legislation or otherwise mandated
accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution guarantees freedom of association, the right
to join unions, and, with government approval, the right to
form a union.  With the exception of workers in the railway,
postal, telegraph, and telephone departments, the law forbids
government civil servants to join unions.  This ban also
applies to security-related government employees such as the
military and police.  Civil servants forbidden to join unions,
such as teachers, doctors, and nurses, have formed associations
that perform functions similar to labor unions.
Approximately 1.6 million members of the country's total work
force of about 45 to 50 million workers belong to unions.
For a union to obtain and maintain its registration, 30 percent
employee participation is required.  Registration of a union
may only be canceled by the registrar of trade unions with the
concurrence of the Labor Court.  There are no restrictions on
affiliation with international labor organizations, and
Bangladeshi unions and federations maintain a variety of such
links.
Ten to 15 percent of Bangladesh's approximately 4,200 labor
unions are affiliated with 23 officially registered National
Trade Union (NTU) centers.  There is no legal restriction on
political activity by labor unions.  Unions are independent of
the Government.  They are highly politicized, and virtually all
NTU centers are affiliated with political parties.
The law does not specifically recognize the right to strike,
but strikes are common.  The Government prohibits nationwide
general strikes.  Participation in such a strike is a criminal
offense.  Nonetheless, the political opposition continues to
use general strikes to pressure the Government on political
demands.
The Essential Services Ordinance permits the Government to bar
strikes for 3 months in any sector regarded as "essential."
The Government has applied this ban to national airline pilots,
water supply workers, shipping operations employees, and
electricity supply workers.  The Government renews such bans
every 3 months.
The Government may prohibit a strike before it begins and refer
the dispute to the Labor Court.  The Industrial Relations
Ordinance of 1969 established mechanisms for conciliation,
arbitration, and labor dispute resolution.  Workers have the
right to strike in the event of a failure to achieve a
settlement.  Strikers participating in a legal strike are
protected from retribution under the law.  In practice this
protection has not always proven effective.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is legal only for private sector workers,
on the condition that they are represented by unions legally
registered as collective bargaining agents.  Collective
bargaining generally does not occur in small private
enterprises.  The National Pay and Wages Commission recommends
public sector workers' pay levels and other benefits.
Under the Industrial Relations Ordinance, there is considerable
leeway for discrimination against union members and organizers
by employers.  The Ordinance does not prohibit employers from
transferring workers suspected of union activities.  Complaints
that employers routinely engage in antiunion discrimination are
particularly high in the garment industry.  In several cases
the Labor Court has ordered the reinstatement of workers fired
for union activities.  However, the Labor Court's overall
effectiveness is hampered by a serious case backlog and
allegations of corruption.
Current law prohibits unions in the two export processing zones
(EPZ's).  A small number of workers in the EPZ's have skirted
prohibitions on unions by setting up worker associations.  The
Government has stated that restrictions on the establishment
of unions in the EPZ's will be lifted by 1997.  So far, no
action toward this end has been taken.  In the garment
industry, there have been complaints of workers being harassed
and fired in some factories for trying to organize unions.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor.  The
Factories Act and Shops and Establishment Act, both passed in
1965, established inspection mechanisms to enforce laws against
forced labor.  These laws are not rigorously enforced.  There
is forced labor to the extent that workers are often required
to work longer hours than stipulated by law, with no special
compensation.  This is often the case in the garment industry.
     d.  Minimum Age for Employment of Children
The Factories Act of 1965 bars children under the age of 15
from working in factories.  This law stipulates that young
workers are only allowed to work a maximum 5-hour day and only
between the hours of 7 a.m. and 7 p.m.  The Government does not
adequately enforce these rules.
According to U.N. estimates, about one-third of the population
under the age of 18 is employed.  Children routinely perform
domestic work.  Cases of children being physically abused and
occasionally killed by heads of household where they work are
reported in the press.
Employers discharged thousands of underage workers employed in
Bangladesh's garment industry in 1993-94.  The Bangladesh
Garment Manufacturers and Exporters Association has pledged to
eliminate all child workers from its member factories and is
cooperating with the Government, the International Labor
Organization, and NGO's to achieve this goal.
     e.  Acceptable Conditions of Work
There is no national minimum wage.  The Wages Commission sets
wages industry by industry.  In most cases, private sector
employers ignore this wage structure.  In 1993 the
Confederation of Labor Unions won a minimum wage agreement for
public sector factory workers that was slightly above the level
recommended by the Wages Commission.  According to the
agreement, government factory workers receive about $24 (950
taka) a month plus benefits.  Private sector wages tend to fall
below the government wage and benefits package.  The average
monthly wage is sufficient to provide bare necessities.
The law sets a standard 48-hour workweek with 1 rest day each
week.  A 60-hour workweek, inclusive of a maximum 12 hours of
overtime, is allowed.  The law is poorly enforced.
The Factories Act of 1965 nominally sets occupational health
and safety standards.  The law is comprehensive, but many
employers ignore it.  Workers rarely resort to legal action to
enforce the law.  Enforcement by the Labor Ministry's
industrial inspectorate is weak.  Because unemployment is high
and the Government does not adequately enforce health and
safety standards, most workers do not excuse themselves from
performing hazardous tasks for fear of losing their jobs.
BARBADOS1
HTITLE:  BARBADOS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BARBADOS
Barbados, a member of the Commonwealth of Nations, is a
constitutional democracy with a multiparty, parliamentary form
of government.  The Queen is Head of State and is represented
by an appointed Governor General.  Prime Minister Owen Arthur
is the Head of Government and governs with an appointed
Cabinet.  Two major and one minor political parties and several
independent candidates contested free and fair national
elections in September.
The Royal Barbados Police Force is charged with maintaining
public order.  The small volunteer Barbados Defense Force
(BDF), responsible for national security, can be employed to
maintain public order in times of crisis, emergency, or other
specific need.  The BDF continues to assist the police by
patrolling certain tourist areas in response to an increase of
crime.  On the whole, the police respected constitutional and
legal guarantees of human rights, but there continued to be
infrequent reports of incidents of use of excessive force by
police.
The economy is based on tourism, services, light manufacturing,
and agriculture, which makes it vulnerable to external economic
developments.  Per capita gross domestic product (GDP) exceeds
$5,000 per year.  In order to stimulate demand and reverse a
3-year decline in GDP and employment, the Government decided in
May 1993 to abandon attempts to meet economic targets set in
consultation with the International Monetary Fund.
Nevertheless, Barbados experienced a cyclical economic recovery
in 1994.
Barbadians enjoy a wide range of rights and freedoms, and the
Government respects constitutional provisions regarding human
rights.  Principal human rights problems continued to be
societal violence against women and children and instances of
excessive use of force by police.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
In the case of Ryan Jordan, a 17-year-old who died in police
custody in April 1992, Amnesty International called on
Barbadian officials to initiate an impartial investigation and
prosecute those responsible.  In 1994 the coroner returned an
open verdict which exonerated the police from responsibility
for Jordan's death; the report said excessive drugs in his
system caused his death.
     b.  Disappearance
There were no reports of disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution specifically prohibits torture and cruel,
inhuman, or degrading treatment or punishment.  However, the
Caribbean Human Rights Network and the local press reported
numerous allegations of coerced confessions.  There continued
to be credible reports that law enforcement officials sometimes
used force during detention to extract confessions from
detainees.
Recently implemented police procedures provide that the police
may question suspects and other persons they hold only at a
police station, except when expressly permitted by a senior
divisional officer.  An officer must visit a detainee at least
once every 3 hours to inquire about the detainee's condition.
After 24 hours, the detaining authority must submit a written
report to the deputy commissioner.  The authorities must
approve and record all movements of the detainee between
stations.  The Caribbean Human Rights Network is satisfied that
the authorities adhere to these basic principles.
Barbados is in the forefront of an initiative to standardize
police procedures throughout the English-speaking Caribbean
region.  The authorities issued firearms to special units and
some foot patrols in high-crime areas in response to the 1993
shooting death of a policeman and a rise in gun- and
drug-related crime.  Aside from this, the Barbados police force
is mainly unarmed, in keeping with its British traditions.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and imprisonment
and requires detainees to be brought before a court of law
within 72 hours of arrest.  The Government generally respects
these provisions in practice.  Criminal defendants have the
right to counsel, and attorneys have ready access to their
clients.  The authorities do not use exile as a punishment or
means of political control.
     e.  Denial of Fair Public Trial
The Constitution provides that persons charged with criminal
offenses be given a fair, public hearing within a reasonable
time by an independent and impartial court.  The judicial
system provides for rights of due process at each level.  The
law presumes defendants innocent until proven guilty.  The
Government provides free legal aid to the indigent.  The
judiciary acts independently and is free of intervention from
other branches of government.  Criticizing the Government is
not a political offense, and there are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary entry, search, or seizure,
and the law requires warrants to be issued before privately
owned property may be entered and searched.  The Government
does not routinely interfere in the private lives of its
citizens.  Nonetheless, there continued to be credible reports
that, in response to increased drug-related crime, the police
resorted to searches of homes in certain neighborhoods,
sometimes without warrants.  The Government neither censors
mail nor restricts the receipt of foreign correspondence or
publications.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the authorities respect these rights in practice.  There are
five radio stations, two of which are owned by the Government.
The Caribbean Broadcasting Corporation (CBC) television service
(the only television source, excluding direct satellite
reception) is government owned.  Though CBC is a state
enterprise, it regularly reported views opposing government
policies.  There are two independent daily newspapers, both of
which present opposition political views.  The Government
regularly comes under attack in the newspapers and on daily
call-in radio programs.  Although critics allege that the
Government sometimes uses its influence to discourage media
from reporting on sensitive issues, the press remained
vigorously critical of the Government on a broad span of issues.
The Government does not restrict academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Government observes the constitutional provisions for
peaceful assembly and private association.  It routinely grants
the permits required for public demonstrations.  Political
parties, trade unions, and private organizations function and
hold meetings and rallies without hindrance.
     c.  Freedom of Religion
There is full freedom of religion.  Numerous active religious
denominations and organizations practice their faiths and
proselytize freely.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens and legal residents move freely within Barbados and
leave and enter the country without restriction.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have this right in law and exercise it in practice.
Political parties freely compete in fair elections by secret
ballot at least every 5 years.  The most recent occurred in
September, in which the Barbados Labour Party won a decisive
victory, gaining a 19-to-8 majority over the Democratic Labour
Party which had held an 18-to-10 advantage in the 1991
elections.  The New Democratic Party won one seat, its first
ever in Parliament.  There are no impediments to participation
in the political process, and all Barbadians over age 18 may
vote.  The Prime Minister exercises executive power along with
the Cabinet of Ministers he appoints, balanced by the bicameral
Parliament and the judiciary system.
Women are well represented at all levels of government and
politics, including the Head of State, Governor General Dame
Nita Barrow.  After the September elections, Prime Minister
Arthur appointed women to several cabinet-level portfolios.
For the first time, the Deputy Prime Minister is a woman (she
also serves concurrently as Foreign Minister).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local groups involved with human rights matters operate freely
and without government hindrance.  The Caribbean Human Rights
Network, a Caribbean-wide human rights organization which has
its headquarters and a small staff in Barbados, investigates
and reports on allegations of human rights violations
throughout the region.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for equal treatment under the law,
regardless of race, religion, or sex.
     Women
Women actively participate in all aspects of national life and
are well-represented at all levels of both the public and
private sectors.  They form a large percentage of heads of
household and are not discriminated against in public housing
or other social welfare programs.  However, violence against
women and children continued to be a significant social
problem.  Women's rights groups reported that the incidence of
sexual assaults, domestic violence, incest, and rape among
family members increased, despite the fact that there is still
some reluctance on the part of victims to report such
incidents.  There are public and private counseling services
for domestic violence, rape, suicide, and child abuse.
The 1992 Domestic Violence Law specifies the appropriate police
response to domestic violence, intended to protect all members
of the family, including men and children.  It applies equally
to marriages and to common law relationships.  Criminal
penalties for violent crimes are the same, regardless of the
sex of the offender or the victim.  The courts heard a number
of cases of domestic violence against women involving assault
or wounding.  Victims may request restraining orders, which the
courts often issue.  The courts can sentence an offender to
jail for breaching such an order.  Human rights monitors
continued to criticize the inconsistency in sentencing for
rape, incest, and statutory rape, which is often left to the
discretion of the judge.  They noted that the lack of
sentencing guidelines resulted in longer sentences being handed
down for persons accused of petty theft than for incest; and
lesser sentences for incest than for rape or sexual assault of
nonfamily members.
     Children
The Government is committed to children's human rights and
welfare, although violence against children remains a serious
problem.  The Child Care Board is the key agency responsible
for monitoring and responding to the critical welfare needs,
interests, and rights of children.
     People with Disabilities
Neither local legislation nor regulations within the Labor Code
prohibit discrimination against the physically disabled in
employment, education, or the provision of other state
services.  The Labour Department, which is responsible for
finding jobs for the disabled, unsuccessfully advocated the
introduction of such legislation in the 1980's.  Similarly,
there is no legislation mandating provision of handicapped
access to public thoroughfares or public or private buildings.
Interest groups have lobbied for this type of legislation from
time to time, but without success.
Section 6  Worker Rights
     a.  The Right of Association
Workers freely exercise their right to form and belong to trade
unions and to strike.  There are two major unions and several
smaller ones, representing various sectors of labor.  The civil
service union, the National Union of Public Workers, is
completely independent of any political party or the
Government.  The largest union, the Barbados Workers' Union,
was historically closely associated with the opposition
Democratic Labour Party.
The law accords full protection to trade unionists' personal
and property rights.  Another longstanding law prohibits
strikes against public utilities.  All other private and public
sector employees are permitted to strike; however, there were
no strikes or long-term work stoppages in 1994.
Trade unions are free to form federations and are in fact
affiliated with a variety of regional and international labor
organizations.
     b.  The Right to Organize and Bargain Collectively
The law provides for the right to organize and bargain
collectively, and the authorities respected it in practice.
Recent losses of jobs in the economy resulted in a reduction in
union membership to about 20 percent of the working
population.  Normally, wages and working conditions are
negotiated through the collective bargaining process, but a
tripartite wage policy accord signed in the summer of 1993
established a 2-year wage freeze, thus impinging on the ability
of unions to bargain for wage and benefit increases.
Employers have no legal obligation to recognize unions under
the Trade Union Act of 1964, but most do so when a majority of
their employees signify a desire to be represented by a
registered union.  While there is no specific law prohibiting
antiunion discrimination, the courts provide a method of
redress for employees alleging unfair dismissal.  The courts
commonly award monetary compensation but rarely order
reemployment.
There are no manufacturing or special areas where collective
bargaining rights are legally or administratively impaired.
Barbados has no specially designated export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there were no reported instances in 1994.
     d.  Minimum Age for Employment of Children
The legal minimum working age of 16 is generally observed.
Compulsory primary and secondary education policies, which
require school attendance until age 16, reinforce minimum age
requirements.  Occasionally, especially among migrant worker
families, children assist in agricultural production during
peak season.  The Labour Department has a small cadre of labor
inspectors who conduct spot investigations of enterprises and
check records to verify compliance with the law.  These
inspectors may take legal action against an employer who is
found to have underage workers.
     e.  Acceptable Conditions of Work
The law sets and the authorities establish minimum wages for
specified categories of workers.  Only two categories of
workers have a formally regulated minimum wage--household
domestics and shop assistants (entry level commercial
workers).  Household domestics receive a minimum wage of about
$32.50 (bds $65.00) per week, although in actual labor market
conditions, the prevailing wage is almost double that amount.
There are two age-related minimum wage categories for shop
assistants.  The adult minimum wage for shop assistants is
$1.87 (bds $3.75) per hour; the juvenile minimum wage for shop
assistants is $1.62 (bds $3.25) per hour.  Agricultural workers
(i.e., sugar plantation workers) receive a minimum wage as a
matter of practice, but such compensation is not found in
legislation.
The minimum wage for shop assistants is marginally sufficient
to meet minimum living standards; most employees earn more.  In
1992 an International Labor Organization (ILO) Committee of
Experts (COE) cited Barbados for not adhering to the ILO
Convention on Equal Remuneration in its wage differentials in
the sugar industry.  The COE admonished the Government to
ensure the application of the principle of equal remuneration
for work of equal value to male and female workers in the sugar
industry or to provide further information on job descriptions
which might justify such wage distinction.  This case was not
resolved at year's end.
The standard legal workweek is 40 hours in 5 days, and the law
requires overtime payment for hours worked in excess of that.
Barbados accepts ILO conventions, standards, and other sectoral
conventions regarding maximum hours of work.  However, there is
no general legislation that covers all occupations.  Employers
must provide workers a minimum of 3 weeks' annual leave.
Unemployment benefits legislation and national insurance
(social security) cover all workers.  A comprehensive
government-sponsored health program offers subsidized treatment
and medication.
Under the Factories Act of 1983, which sets out the officially
recognized occupational safety and health standards, the Labour
Department enforces health and safety standards and follows up
to ensure that problems cited are corrected by management.
Workers have a limited right to remove themselves from
dangerous or hazardous job situations without jeopardizing
their continued employment.  The Factories Act requires that in
certain sectors firms employing more than 50 workers set up a
safety committee.  This committee can challenge the decisions
of management concerning the occupational safety and health
environment.  Recently, however, trade unions called on the
Government to increase the number of factory inspectors in
order to enforce existing and proposed safety and health
legislation more effectively, and to follow up to ensure that
problems cited are corrected by management.  Government-
operated corporations in particular were accused of doing a
"poor job" in health and safety.  The Government promised to
undertake inspections of government-operated corporations and
manufacturing plants as a priority.
BELARUS1
oTITLE:  BELARUS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BELARUS
On July 10, Belarus elected its first President, Aleksandr
Lukashenko, who convincingly defeated incumbent Prime Minister
Vyacheslav Kebich in what international observers generally
considered to be a free and fair election.  Popular frustration
with economic conditions contributed to the heavy vote for
Lukashenko, who ran on a populist, anticorruption platform.
Under the new Constitution, adopted by the Supreme Soviet
(parliament) in March, the President exercises executive power
and appoints the Cabinet of Ministers and all executive heads
of Belarus' six provinces.  Presidential decrees have the force
of law, except in those cases restricted by the Constitution
and Parliament.  A Constitutional Court was created and has
begun to adjudicate serious constitutional issues.
The Committee for State Security (KDB) and Ministry of Internal
Affairs (MVS), both organs answerable to the President,
remained the chief law enforcement and police organs.  Although
the security services reportedly still monitored closely the
population's activities, they reduced overt interference in the
private lives of citizens.  However, special formations of MVS
troops intimidated some opposition gatherings, and police
reportedly used excessive force on detainees.  The armed forces,
which are not involved in law enforcement, continue the practice
of hazing as it was practiced in the former Soviet Union.
Belarus' economy is still largely state controlled; however,
the Lukashenko administration freed prices of most goods and
cut subsidies to many state industries.  Little privatization
has occurred thus far, and foreign trade is still oriented
towards other parts of the former Soviet Union.  Industry and
construction employ 40 percent of the labor force, and
agriculture 20 percent.  Major exports include machinery,
transport equipment, and chemicals.
Belarus' transition from Soviet-era authoritarian institutions
toward fully democratic ones remains uneven, and human rights
abuses continue.  The presidential election, as noted, was free
and fair, but the judiciary is not independent and is unable to
act as a check on the executive branch and its agents.  Police
and prison officials regularly beat detainees and inmates
without fear of punishment, and prison facilities are
substandard and dangerous to inmates' health.  The Government
continued to restrict freedom of speech and press, peaceful
assembly, religion, and movement to varying degrees, and to
impede the formation of independent trade unions.
Discrimination and violence toward women remained significant
problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.
     b.  Disappearance
On January 15, members of the Lithuanian security services, who
reportedly acted in collusion with the Belarusian MVS, abducted
in Minsk, the capital of Belarus, where they had been visiting,
two Lithuanians wanted by Lithuanian authorities for their
alleged involvement in the January 1991 coup attempt in
Vilnius, Lithuania.  The pair were transported to Lithuania,
reportedly without permission from the Belarusian Procurator
General's office and in apparent violation of the bilateral
extradition treaty between Lithuania and Belarus.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The new Constitution provides for the inviolability of the
person, and specifically prohibits torture, as well as cruel,
inhuman, or degrading punishment.  Law enforcement and prison
officials may use physical force against detainees and
prisoners if the latter are violent, have refused to obey the
instructions of the prison administration, or have "maliciously
violated the terms of their sentences."  Beatings by police and
prison guards reportedly were regular occurrences in detention
centers and prisons.  Although such behavior is against the
law, the Government seldom, if ever, punishes people who commit
such abuses.
In the armed forces, the practice of hazing new recruits
continues unchanged.  Hazing, or dedovshchina, is the practice
of severe harassment and abuse of new draftees by senior
soldiers to maintain strict discipline.  Officers do not
interfere with the practice, since it precludes them from
having to become involved in disciplining troops.
Conditions in prison hospitals near Brest and Orsha were
substandard.  Prisoners with tuberculosis were crowded into
closed cells with little ventilation.  Extreme overcrowding in
the tuberculosis hospital near Brest prevented prisoners from
avoiding the disease.  A women's prison near Orsha suffered an
outbreak of dysentery, which spread throughout the camp.
     d.  Arbitrary Arrest, Detention, or Exile
Belarus has only slightly amended its Soviet-era law on
detentions.  The Criminal Procedure Code provides that police
authorities may detain a person suspected of a crime for 3 days
without a warrant.  This period may be extended for up to 10
days, pending further investigation of a crime.  On the basis
of a local prosecutor's authority, detainees may be kept in
pretrial detention for up to 3 months.  Regional and republic-
level prosecutors may request extensions up to a maximum of
18 months.  The law permits citizens to appeal the legality of
an arrest either to the court or to the prosecutor.  According
to judicial sources, nearly 60 percent of arrests are contested.
By law, a judge must initiate a trial within 3 weeks from the
time charges are filed.  However, the overloaded court system
often does not meet this requirement, and months may pass
before a defendant is finally brought to court.
Detainees may be allowed unlimited access to their legal
counsel, and, according to the new Constitution, if they cannot
afford counsel, a lawyer will be appointed free of charge.
However, prisoners and lawyers alike report restrictions on
consultations, and investigators may prohibit consultations
between a lawyer and a client.  The Government has failed to
budget sufficient funds for defense attorneys representing the
indigent.  Defense attorneys' fees also are prohibitively
expensive for many defendants.  Since there are no legal
provisions for bail and because there is no effective judicial
oversight of prosecutors' actions, pretrial detention has in
some instances lasted longer than 2 years.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The criminal justice system, following the former Soviet model,
has three tiers:  district courts, regional courts, and the
Supreme Court.  Several modifications have been made, brought
about by passage of the new Constitution, including direct
presidential appointment of all local-level and military judges.
Parliament selects judges for republic-level courts on the
basis of recommendations from the Ministry of Justice, based in
part on examination results.  However, many current judges and
prosecutors were appointed in Soviet times when political
influence pervaded the criminal justice system.  Judges are
dependent on the Ministry of Justice for sustaining the court
infrastructure, and on local officials for providing their
personal housing.  Organized crime has had a significant impact
on court decisions.  There have been reports of judges granting
lenient sentences to "connected" defendants.  Without further
major structural reforms, the independence of the judiciary
from outside pressure cannot be realized.
Prosecutors, like the courts, are organized into offices at the
district, regional, and republic levels.  They are ultimately
responsible to, and serve at the pleasure of, the Procurator
General, who is appointed by Parliament.  Prosecutors as a rule
are very influential because they supervise all criminal
investigations and because court proceedings are not conducted
in an adversarial manner.  Moreover, courts are still extremely
deferential to prosecutors' actions, petitions, and conclusions.
Trials are generally public, although they may be closed on
grounds of national security.  Defendants have the right to
attend proceedings, confront witnesses, and present evidence on
their own behalf.  The court appoints an attorney for
defendants who do not have one.
While the Constitution establishes a presumption of innocence,
conviction rates have not changed from the Soviet era.  Nearly
99 percent of completed cases result in convictions.  Judges
frequently send cases unlikely to end in convictions back to
the prosecutor for "additional investigation," and prosecutors
also withdraw cases not likely to result in conviction.
Both defendants and prosecutors have the right of appeal.  On
appeals, neither defendants nor witnesses appear before the
court; the court merely reviews the protocol and other
documents from the lower court's trial.  Less than 4 percent of
cases in one province were overturned.
There were no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Electronic monitoring of residences and telephones reportedly
continued.  The KDB, the MVS, and certain border guard
detachments have the right to request permission to install
wiretaps but must legally obtain a prosecutor's permission
before installing it.  Except in cases of pursuit, a
prosecutorial search warrant is needed in order to enter a
private home.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech, but it is not
observed in practice.  The executive branch of government
continued to use laws on slander to suppress freedom of speech,
particularly criticism of its policies and of government
officials.  The defamation law makes no distinction between
private and public persons for the purposes of lawsuits on
defamation of character.  A public figure who has been
criticized for poor performance in office may ask a public
prosecutor to sue the newspaper that printed the criticism.
The newspaper Femida was sued for printing the text of deputy
Evgeniy Novikov's speech in Parliament.  Although Novikov was a
deputy speaking from the Parliament's podium, the procurator
said that Novikov was expressing a personal opinion at the time
and that the newspaper was liable for printing slander.
Galina Naumchik was sued for printing an interview with Novikov
in the newspaper Dobryj Vecher.  Novikov was also sued for his
remarks.  Prime Minister Kebich's security advisor, Gennadiy
Danilov, successfully sued publications that had printed
accounts critical of his activities and was awarded about $500
(5 million rubles).
Despite the passage of a press law in 1994 prohibiting the
existence of a press monopoly, the Government maintained a
virtual economic monopoly over the press since it owns nearly
all printing and broadcasting facilities and manages the
distribution of all print media through official outlets.
There are, however, some private newspapers printed in
Belarusian and Russian.
The Government's direction of the issuance of radio frequencies
and cable television licenses and the registration of radio
stations, as well as its ownership of the country's only
broadcast television station, amount essentially to complete
control over the media.  All mass media must register with the
Government, which can use the registration requirements as an
instrument of censorship since it can revoke registration at
any time.  This absence of independence encourages editors to
practice self-censorship.
In March the Ministry of Foreign Affairs denied accreditation
for Aleksandr Starinkevich, Belarusian correspondent for the
Russian newspaper Izvestia.  Izvestia, widely read by elite
Belarusians, was carrying critical reports concerning a
proposed monetary union with Russia.  In May, 17 journalists
protesting the Ministry's decision signed an appeal which was
published in the parliamentary newspaper Narodnaya Gazeta.  The
incoming Lukashenko Government later approved Starinkevich's
accreditation.
President Lukashenko said he supports a free press as long as
it is responsible and helps his presidency.  During the first
round of presidential elections, the government of Prime
Minister Kebich tried to stop the printing and distribution of
the opposition newspaper Svabada, which printed articles
critical of the incumbent Prime Minister, and closed two radio
stations which criticized him.  The free trade union newspaper
Svobodnyj Profsoyuz also had difficulty in getting its editions
printed on a regular basis.
On November 25, Belarus declared two Turkish diplomats persona
non grata, accusing them of activities not in accordance with
their diplomatic duties.  In connection with this activity, two
Belarusian journalists were detained at KDB headquarters and
questioned, one for 4 hours, and the other for 5 hours.
Although they were released without being charged, they were
warned that providing "sensitive" information to foreign
diplomats for a fee could carry criminal penalities.
Belarusian newspapers were prevented from publishing the text
of a sensationalist report delivered on December 20 in open
session of Parliament by deputy Sergei Antonchik, who accused
members of the Lukashenko Government of corruption.  The text
of the report was excised from the newpapers during
typesetting, and the papers were published with blank columns
where the Antonchik report was to have been printed.
Subsequently, the Government canceled the printing contracts of
eight major independent newspapers, causing them to cease
publication for the remainder of the year.  The Lukashenko
Government asserted that since these newspapers received state
subsidies, they were not part of the free press and were
subject to state control.  Igor Ossinsky, the editor of
Sovietskaya Belorussia, which first attempted to print the
report, was removed from his position by Presidential decree on
December 23.
     b.  Freedom of Peaceful Assembly and Association
The Soviet law on demonstrations, which is still valid,
requires an application at least 10 days in advance to local
officials.  They must respond either positively or negatively
not later than 5 days prior to the scheduled event.  Public
demonstrations occurred frequently.  A march by strikers in
February proceeded without incident despite very heavy police
presence in the streets of Minsk.  During Victory Day
celebrations in July, formations of special "Omon" police
forces physically prevented members of the opposition
Belarusian National Front (BNF) from laying wreaths at the
Minsk victory monument.  The Supreme Soviet Chairman requested
an investigation into the action, but no results have been made
public.
On September 8, the BNF held a public demonstration in Minsk to
commemorate the anniversary of the 1514 battle of Orsha.
Although it had applied for a permit a month in advance,
officials denied permission for the rally after all
preparations had been made.  Since the city council did not
inform the BNF of the prohibition 5 days before the event as
required by law, the BNF went ahead with its plans for the
rally.  Although the police presence was heavy and
intimidating, the demonstration took place with minimal
conflict between police and demonstrators.
The Constitution provides for freedom of association.  By the
end of 1994, the Ministry of Justice had registered 26
political parties.
     c.  Freedom of Religion
The new Constitution provides for freedom of religion, which is
generally respected in Belarus, including the freedom to
proselytize.  Citizens practice the two mainstream religions in
Belarus--Eastern Orthodoxy and Roman Catholicism--without any
interference from the Government.
However, religions which the Government considers to be outside
the mainstream have had to overcome bureaucratic roadblocks as
well as explicit prohibition.  The Salvation Army had a
representative in Minsk from January until July 1994, who
departed from Minsk claiming that the Government, citing
Soviet-era laws that prevent social service organizations from
engaging in religious activities as well as the converse, had
refused to register the Salvation Army as a religious group.
One missionary group reportedly circumvented this law by
claiming that it was a book-study group, even though only one
book was studied.  Hare Krishna members were accused of being a
cult, not a religion.  A member of President Lukashenko's staff
accused them of subverting the youth of Belarus, but opposition
to their registration was later dropped.
Some difficulties still exist in transferring church property
from state control back to the former owners.  Minsk's Jewish
community received a more suitable building for its synagogue,
although it failed to reacquire the former main synagogue of
the city which remains the home of the Russian Drama Theater.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
According to the Constitution, citizens are free to travel
within the country and live and work where they wish.  All
adults are still issued internal passports, which serve as
primary identity documents and are required for travel,
permanent housing, and hotel registration.
The right to choose one's place of residence, although
guaranteed by law, remains restricted in practice.  Despite its
formal abolition by the Soviet government in October 1991, the
"propiska" (pass) system survives in Belarus.  All Belarusians
are required to register their places of residence and may not
change them without official permission.  The authorities limit
the number of residence permits in Minsk and the five regional
centers of Brest, Grodno, Mogilev, Vitebsk, and Gomel.
However, according to government officials and other sources,
officials based their decisions primarily on the availability
of housing, with fewer denials than previously.
The MVS' law on entry and exit, which took effect on January 1,
1994, authorized the issuance to all Belarusians of "global"
exit visas, good for from 1 to 5 years and valid for travel to
all countries.  Shortly after the new law took effect, the
authorities received so many applications for exit visas that
an enormous clerical backlog ensued.  On March 14, the
Government temporarily suspended the requirement for exit
visas, so all citizens who had passports could travel freely.
This suspension of exit visa requirements was scheduled to end
on December 31, 1994.
According to data for the first 9 months of the year, no
citizen was denied permission to emigrate.  Legislation
restricting emigration by those with access to "state secrets"
remained in effect, and any citizen involved in a criminal
investigation was also ineligible to emigrate.  Emigrants who
have been refused the right to emigrate may appeal to the
courts.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens began to have the right to change their government
when in July they elected Aleksandr Lukashenko as the first
President of Belarus for a term of 5 years in generally free
and fair elections.  Power was transferred peacefully from the
incumbent Prime Minister to the new President.  Parliamentary
elections are scheduled for March 1995.  Suffrage is universal
for all citizens over the age of 18, but participation is not
mandatory.  Since the Constitution requires that a presidential
candidate obtain at least 50 percent of the votes cast, two
rounds were necessary for President Lukashenko to win.  Turnout
was over 70 percent for both rounds.
The new Constitution outlines the structure of a presidential
type of government.  The Supreme Soviet (parliament), unchanged
since 1990, passed three laws in October, granting the
President authority to reshape the Cabinet of Ministers, to
redirect the sluggish economy, and to appoint provincial
governors who, in turn, appoint subordinate officials.
Previously, governors were directly elected by the voters.
There are no legal restrictions on women's participation in
politics and government.  However, social barriers to women in
politics are strong, and men hold virtually all leadership
positions.  Out of the 360 members of Parliament, 9 are women.
There are two female ministers in the Lukashenko Government,
the Minister of Health and the Minister of Social Welfare.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Human rights monitors reported that the Government presented
obstacles when they tried to investigate alleged human rights
violations.  The Belarusian League of Human Rights, founded in
1992, reported that the courts continued, on the pretext of
procedural grounds, to refuse to review its appeals to
investigate alleged human rights violations.  The League has
close contacts with a variety of international organizations
involved in human rights, but its president reported having
difficulty in obtaining permission to travel outside of Belarus
to attend international symposia on human rights.
International organizations were not hindered in making visits
to Belarus.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law on citizenship, passed by the Supreme Soviet, grants
citizenship to any person living permanently on the territory
of Belarus as of October 19, 1991.  Those who arrived in
Belarus after that date and wish to become citizens are
required to submit an application for citizenship, know the
Belarusian language ("enough for communication"), take an oath
to support the Constitution, have a legal source of income, and
have lived in the country for 7 years.  Parliament debated new
laws on immigration and migration which would provide numerical
limits on new citizens.
     Women
Although statistics are not available, domestic violence
against women continues to be a significant problem.
Knowledgeable sources indicate that police generally are not
hesitant to enforce laws against violence and that the courts
are not reluctant to impose sentences.  The problem, according
to women's groups, is a general reluctance among women to
report incidents of domestic violence.
The law requires equal wages for equal work, and in practice
women are paid the same as men.  However, they have
significantly less opportunity for advancement to the upper
ranks of management and government.
     Children
The Government is committed to children's welfare and health,
particularly as related to the consequences of the nuclear
accident at Chernobyl, and, with the help of foreign donors,
gives them special attention.  Families with children receive
government benefits.
     People with Disabilities
A law mandating accessibility to transport, residences,
businesses, and offices for the disabled came into force in
1992.  However, facilities, including transport and office
buildings, often are not accessible to the disabled.  The
Government, facing a deteriorating economic situation, failed
to budget sufficient funds to implement these laws.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution upholds the right of workers, except state
security and military personnel, to form and join independent
unions on a voluntary basis and to carry out actions in defense
of workers' rights, including the right to strike.  However,
the independent trade union movement in still in its infancy.
Although several independent trade unions exist, the Belarusian
branch of the former U.S.S.R's All-Union Central Council of
Trade Unions--currently the Federation of Trade Unions of
Belarus (FTUB)--is by far the largest trade union
organization.  This trade union of 5 million members is not
considered independent in practice since it often follows
government orders.
In practice, workers are often automatically inducted into the
FTUB, and their union dues are deducted from their wages.
Independent labor leaders believe that the official trade
unions' control over social functions usually performed by the
State (such as pension funds) is an obstacle to the growth of
true, independent trade unions.
The two major independent trade unions are the Free Trade Union
of Belarus (SPB), and the Belarusian Independent Trade Union
(BNP).  The BNP (formerly the Independent Miners Union of
Belarus) and the SPB formed the Congress of Free Trade Unions
of Belarus, which coordinates the activities of the two largest
unions' nearly 16,000 members.
No major strikes occurred in 1994.  According to the Chairman
of the BNP, a number of small-scale strikes did occur, but they
were not planned.  Government regulations requiring notice of
at least 100 days in advance of a strike has prevented the
Congress of Free Trade Unions from acting on a larger scale.
     b.  The Right to Organize and Bargain Collectively
Legislation dating from the Soviet era provides for the right
to organize and bargain collectively.  Since the economy is
still largely in the hands of the State, unions usually seek
redress at the political level.
The right to organize and bargain collectively was reportedly
violated when N.A. Grinchik, the full-time union chairman at
the Minsk Tranzistor factory, was denied regular access to the
union offices at the plant.  Police and the plant's management
reportedly harassed the free trade union leadership, as when
local free trade union chairman Ramaev was detained for over a
month while they investigated the alleged embezzlement of
10,000 rubles (about $1).  When workers at the firm Fondok
(formerly the Bobruiskdrev Wood Products Plant) chose to change
allegiance from the official trade union to the free trade
union, the management continued to deduct union dues from
workers' wages for the official trade union.  Workers and
independent unions have recourse to the court system.
     c.  Prohibition of Forced or Compulsory Labor
The 1994 Constitution prohibits forced labor, and it is not
known to occur.
     d.  Minimum Age for Employment of Children
Current labor law establishes 16 years of age as the statutory
minimum age for employment of children.  With the written
consent of one parent (or legal guardian), a child of 14 years
may conclude a labor contract.  Reportedly, the Procurator
General's office enforces this law effectively.
     e.  Acceptable Conditions of Work
The Supreme Soviet sets a minimum wage, periodically raised in
response to inflation, which is effectively enforced.  At
year's end, the monthly minimum wage was $3 (30,000 Belarusian
rubles).  The minimum wage is too low to provide a decent
standard of living.
The Labor Code sets a limit of 40 hours of work per week and
provides for at least one 24-hour rest period per week.
Because of the difficult economic situation, an increasing
number of workers find themselves working considerably less
than 40 hours per week.  Often, factories require workers to
take unpaid furloughs due to shortages of raw materials and
energy and lack of demand for factory output.
The law establishes minimum conditions for workplace safety and
worker health; however, these standards are often ignored.  A
State Labor Inspectorate exists but does not have the authority
to enforce compliance, and violations are often ignored.
(###)
BELGIUM1
%V%VTITLE:  BELGIUM HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BELGIUM
Belgium is a parliamentary democracy under a constitutional
monarch who plays a mainly symbolic role.  The Council of
Ministers (Cabinet), led by the Prime Minister, holds office as
long as it retains the confidence of the bicameral Parliament.
Constitutional reforms enacted in 1993 transformed Belgium into
a federal state.  The next general elections, to be held by the
end of 1995, will replace regional councils with directly
elected legislatures in Dutch-speaking Flanders and
French-speaking Wallonia.
Civilian authorities are in effective command of the national,
municipal, and judicial police forces.
Belgium is a highly industrialized state with a vigorous
private sector and government participation in certain
industries.  An extensive social welfare system supports a high
standard of living for most Belgians.
The Constitution and laws contain provisions safeguarding human
rights, and the Government enforces them.  In 1994 Parliament
broadened existing antiracism legislation and passed a new law
giving children a voice in judicial proceedings that affect
them.  A parliamentary commission published the results of its
15-month inquiry into human trafficking in Belgium, and the
police and judiciary cracked down on prostitution rings.
Applications for political asylum dropped dramatically due to
strict policies adopted late in 1993.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of such treatment or punishment.
Allegations of human rights abuses by Belgian forces serving in
the U.N. operations in Somalia in 1992 and 1993 led to in-depth
investigations by the Military Prosecutor's Office, covering
265 complaints; it concluded that in most cases the soldiers
took appropriate action, but that 5 cases involving 8
paracommandos warranted prosecution.  In December three of the
eight were acquitted.  In January 1995 four were given short
prison terms and/or fines, and one was sentenced to 5 years in
prison for the murder of a Somali.  The Ministry of Defense
conducted an inquest into the experience in Somalia which led
to recommendations for the conduct of future operations.
     d.  Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest and imprisonment is provided for
by law, and the Government respects these rights.  Arrested
persons must be brought before a judge within 24 hours.
Pretrial confinement is allowed only under certain legally
specified circumstances.  The premise for such confinement is
subject to monthly review by a panel of judges, which may
extend pretrial detention based on carefully circumscribed
criteria (e.g., whether, in the court's view, the arrested
person would be likely to commit further crimes or attempt to
flee the jurisdiction if released).  Arrested persons are
allowed prompt access to a lawyer of their choosing or, if they
cannot afford one, an attorney appointed by the State.  Bail
exists in principle under Belgian law but is rarely granted.
Exile is not permitted by law and does not occur.
     e.  Denial of Fair Public Trial
The law ensures a fair public trial, and the authorities honor
this in practice.  When a preliminary judicial investigatory
phase is completed, a suspect is formally charged if the
evidence so warrants.  Charges are clearly and formally stated,
and there is a presumption of innocence.
Defendants have the rights to be present, to have counsel (at
public expense if needed), to confront witnesses, to present
evidence, and to appeal.  The Constitution provides for the
judiciary's independence, and the Government respects this.
Military tribunals try military personnel for common-law as
well as military crimes.  All military tribunals consist of
four officers and a civilian judge; at the appellate level, the
civilian judge presides.  The accused has the right of appeal
to a higher military court.
     f.  Arbitrary Interference with Privacy, Family, Home or
         Correspondence
Freedom from arbitrary state interference with privacy is
guaranteed by law and respected in practice.  Search warrants
issued by a judge are required unless the inhabitants of a
domicile agree to a search.
In 1994 Parliament passed legislation under which law
enforcement officials may apply to a magistrate for permission
to use wiretaps.  Permission is generally granted only for
limited periods of time and only for the investigation of major
crimes.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for these freedoms, and the Government
respects them.  An independent press, an effective judiciary,
and a functioning democratic political system combine to ensure
there are no unwarranted restrictions.
The Government operates several radio and television networks
but does not control program content.  Programs are supervised
by boards of directors which represent the main political,
linguistic, and opinion groups.  A government representative
sits on each board but has no veto power.  Private radio and
television stations operate with government licenses.  Almost
all homes have access by cable to television from other Western
European countries and elsewhere abroad.
There are restrictions on the press regarding libel, slander,
and the advocacy of racial or ethnic discrimination, hate, or
violence.  In two much-publicized cases, members of far-right
political parties were tried for publishing materials deemed
racist; none were found guilty.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
Public assembly is unrestricted except for restrictions on
blocking some major thoroughfares and on entering a small zone
near the Royal Palace and Parliament.  The Government requires
sponsors of open-air assemblies to obtain permits, but these
are granted routinely.  Citizens are free to form organizations
and establish ties to international bodies, but the Antiracism
Law (see Section 5) prohibits membership in organizations that
practice discrimination overtly and repeatedly.
     c.  Freedom of Religion
The Government does not hinder the teaching or practice of any
faith.  The law accords "recognized" status to Roman
Catholicism, Protestantism, Judaism, Anglicanism, Islam, and
Greek and Russian Orthodoxy, and these receive subsidies drawn
from general government revenues; objecting taxpayers have no
recourse against contributing to religious subsidies.  By law,
each "recognized" religion has the right to provide teachers
for religious instruction in the schools, but not all avail
themselves of this right.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Belgians are free to travel both within the country and abroad,
to return, and to emigrate.
All asylum-seekers in Belgium can plead their cases before
immigration authorities.  In 1994 the Interior Ministry cleared
a backlog of applications that in 1993 numbered in the
thousands.  The Ministry now usually makes its initial decision
within a week of receipt.  The law requires that rejected
applicants be deported within 2 months, but it grants them the
right to appeal.  There have been no reports of forced
expulsion of those having a valid claim to refugee status.
Applications for political asylum fell by about 60 percent in
1994 owing to tightened policies introduced in September 1993,
which include denying work permits to asylum-seekers awaiting
decision, and fingerprinting all applicants (to prevent them
from obtaining social benefits in more than one municipality).
Also, the law now permits rejected applicants to be detained in
special centers while awaiting deportation; three centers
opened in 1994.
Parliament approved legislation in April creating a system of
centralized registration, which should be in place in 1995, to
replace the current one which calls for asylum-seekers to
register in their chosen municipality of residence.  In theory,
those whose cases are pending would still be able to choose the
municipality where they would reside and receive social
benefits; but in practice, their choice might be limited by the
Government's initiative to distribute asylum-seekers more
equitably around the country.  Currently, certain
municipalities with large foreign-born populations have
permission from the Government to refuse until 1995 legal
residence to any foreigners from outside the European Union.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Direct popular elections for parliamentary seats (excluding
some senators elected by provincial councils and others elected
by Senate members) are held at least every 4 years under a
system of universal, secret, and compulsory (under penalty of
fine) suffrage for all citizens age 18 and over.
Opposition parties operate without repression.  A four-party
coalition constitutes the current Government.
There are no restrictions, in law or practice, on the
participation of women or minorities in government or
politics.  Two of 16 federal ministers are women.  In the
federal Parliament, 9 percent (18 of 212) of House members and
11 percent (19 of 184) of the senators are women.  The law
requires a minimum level of representation of 25 percent for
each sex on electoral tickets.  The figure will rise to 33
percent after the next national elections in 1995.
The existence of communities speaking Dutch, French, and German
engenders significant complexities for the State.  All major
institutions, including political parties, are divided along
linguistic lines.  There are specific provisions for Dutch-,
French-, and German-speaking councils at the regional level.
National decisions take into account the needs of regional and
linguistic groups.
A package of constitutional reforms passed in 1993 is intended
to decentralize authority.  Beginning with the next general
elections, to be held no later than December 1995, the regional
councils will become directly elected assemblies which in turn
will each elect from among its members the respective regional
government's members.  The number of seats in both houses of
the federal Parliament will be sharply reduced.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several active independent human rights groups operate freely
without government interference.  No requests have been made
for outside investigation of the human rights situation in
Belgium.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Government actively promotes women's rights.  In 1992 the
Ministry of Labor created a Division of Equal Opportunity
(EOD), whose priorities include combating violence against
women and sexual harassment, encouraging women to participate
in the political process and to run for elected office, and
monitoring affirmative action programs.
In 1994 the EOD placed considerable emphasis on fighting sexual
harassment.  Having created in 1993 a Dutch-language telephone
hot-line through which victims of sexual harassment could
anonymously obtain information and guidance, free of charge, in
1994 the EOD started a French-language one.  The usefulness of
these hot-lines will be evaluated officially in early 1995.  In
addition, a recent law requires each private-sector workplace
with at least 50 employees to have a sexual-harassment
ombudsman, and so far an estimated 80 percent of these
workplaces have complied.  The EOD is seeking to expand this
program to the public sector.
The law prohibits organizing prostitution or assisting
immigration for prostitution.  In March the parliamentary
Commission on Human Trafficking (CHT) released the findings of
its 15-month investigations of such activities in several
Belgian cities and of police responses to them.  It concluded
that the activities were widespread and that police action was
often insufficient, occasionally due to corruption but more
often to inadequate training and poor coordination.  The CHT's
report made several recommendations for overcoming these
problems.  The police succeeded in closing down several clubs
employing foreign women as prostitutes, and at year's end an
alleged major figure in this trade was in pretrial detention.
The law prohibits physical abuse of women, and the Government
enforces this ban.  Available data do not indicate that abuse
of women is widespread in Belgium.  A government-sponsored
study estimated that 6.5 percent of women had experienced rape
or attempted rape and 5.2 percent had suffered serious physical
or sexual violence from their partners.  Legislation on sexual
abuse was last amended in 1989, when the definition of rape was
broadened and penalties made more severe.  The Justice Ministry
provides comprehensive training materials to police, medical
workers, and others who deal with victims of sexual abuse.
In August the Army dropped all distinctions between men and
women in its regulations.  Women are now eligible to apply for
any position in the armed forces, but they are required to meet
physical standards that are the same for both sexes.
     Children
Belgium has comprehensive child-protection laws, which the
Government enforces effectively.  The Francophone and Flemish
communities have agencies dealing with children's needs.
On October 1, a new law took effect giving children the right
to a voice in court cases that affect them, such as divorce
proceedings.  The law states that a minor "capable of
understanding" can request permission to be heard by a judge,
or a judge can request an interview with a child.
Child prostitution is of limited scope in Belgium.  The CHT's
report in March recommended stronger government action to
combat it.  The Government issues printed materials and videos
aimed at raising public awareness of child abuse.
     National/Racial/Ethnic Minorities
Belgium is a pluralistic society in which individual
differences in general are respected and linguistic rights in
particular are protected.  Some 60 percent of citizens are
native Dutch-speakers; about 40 percent French-speakers; and a
small minority, German-speakers.
In April the 1981 Antiracism Law was amended to increase
penalties for incitement of discrimination, hate, or violence
based on the race, ethnicity, or nationality.  The amendments
also made it specifically illegal for providers of goods or
services (including housing) to discriminate on the basis of
any of these factors, and for employers to consider these
factors in their decisions to hire, train, or dismiss personnel.
The Center for Equal Opportunity and Against Racism (CEOAR),
charged by Parliament with promoting integration and
interethnic dialog, initiated legal proceedings against certain
members of the Front National and Agir, two major Francophone
far-right political parties, under the 1981 law.  This law,
however, has only rarely been applied successfully.
In the European Parliament elections in June and the provincial
and municipal elections in October, the far-right, openly
anti-immigrant parties (the Flemish Vlaams Blok and Walloon
Front National and AGIR) received somewhat stronger support
than had generally been foreseen, but their backing was
concentrated in a few urban areas.  Following the elections,
Belgium's mainstream political parties honored pledges not to
form government coalitions with the far right.
Although immigration policy continues to be controversial,
there have been no overt campaigns of violence against
immigrants.  In May arsonists attacked an unoccupied hostel for
asylum-seekers which was under construction in Wallonia.  In
June a Moroccan was wounded by gunfire in Verviers in
skirmishes provoked by a Belgium-Morocco World Cup soccer
match.  Tensions in several immigrant neighborhoods decreased
due to outreach programs by local police and to the
construction of various youth-oriented facilities.
     People with Disabilities
The Government mandates that public buildings erected since
1970 be accessible to the disabled, and for other buildings it
offers subsidies to induce owners to make such modifications.
The Government provides financial assistance for the disabled.
It offers special aid for parents of disabled children and for
disabled parents.  Regional and community programs provide
other assistance for the handicapped, such as job training.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right to associate freely and to strike; the
Government does not hamper such activities.  The law prohibits
actions against a union that is seeking to be legally
registered.  Unions are independent of the Government but have
important informal links with major political parties.  Belgian
unions are affiliated with international labor organizations.
There were a number of strikes in 1994.  For some public
employees, such as those who provide essential public services,
the right to strike is not explicitly recognized; but they
often do strike.  Laws and regulations prohibit retribution
against strikers and union leaders, and the Government
effectively enforces these provisions.
     b.  The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized
and exercised freely.  The Belgian business federations and
unions negotiate every other year a nationwide collective
bargaining agreement covering the 2.4 million private-sector
workers, which establishes the framework for negotiations at
plants and branches.
The law prohibits discrimination against organizers and members
of unions, and protects against termination of contracts of
members of workers' councils, members of health or safety
committees, and shop stewards.  Employers found guilty of
antiunion discrimination are required to reinstate workers
fired for union activities.  Effective mechanisms exist for
adjudicating disputes between labor and management.
Belgium has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and does not occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment of children is 15, but schooling
is compulsory until the age of 18.  Youth between the ages of
15 and 18 may participate in part-time work/part-time study
programs.  Students may also sign summer-labor contracts of up
to 30 days.  During that period, they can work the same number
of hours as adults.  The labor courts effectively monitor
compliance with national laws and standards.
     e.  Acceptable Conditions of Work
In June the monthly national minimum wage rate for workers age
21 and over was set at $1,333 (42,469 Belgian francs);
18-year-olds can be paid 82 percent of the minimum,
19-year-olds 88 percent, and 20-year-olds 94 percent.  The
minimum wage rate, coupled with Belgium's generous social
benefits, provides workers with a standard of living
appropriate to a developed nation.
Minimum wages in the private sector are set in biennial
nationwide collective bargaining (see Section 6.b.), which
leads to a formal agreement signed by the National Labor
Council and made mandatory for the entire private sector by
royal decree.  In the public sector, the minimum wage is
determined in negotiations between the Government and the
public-service unions.  The Ministry of Labor effectively
enforces the law regarding minimum wages.
By law the standard workweek cannot exceed 40 hours and must
have at least one 24-hour rest period.  Many collective
bargaining agreements set standard workweeks of 36 to 39
hours.  The law requires overtime pay for hours worked in
excess of the standard.  Work done from the 9th to the 11th
hour per day or from the 40th to the 50th hour per week is
considered allowable overtime.  In special cases, workdays of
up to 12 hours and workweeks of up to 52 hours are permitted.
Work beyond 12 hours per day or 52 hours per week is not
permitted.
Collective bargaining agreements include provisions for worker
safety in addition to the comprehensive ones mandated by law.
Workers have the right to remove themselves from situations
that endanger their safety or health, without jeopardy to their
continued employment, and the law protects workers who file
complaints about such situations.  The Labor Ministry
implements health and safety legislation through a team of
inspectors and determines whether workers qualify for
disability and medical benefits.  Health and safety committees
are mandated by law in companies with more than 50 employees
and by works councils in companies with more than 100
employees.  Labor courts monitor effectively compliance with
national health and safety laws and standards.
BELIZE1
PTITLE:  BELIZE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             BELIZE
Belize is a parliamentary democracy with a Constitution enacted
in 1981 upon independence from the United Kingdom.  The Prime
Minister, a Cabinet of Ministers, and a Legislative Assembly
govern the country.  The Governor General represents Queen
Elizabeth II in the largely ceremonial role of Head of State.
Both local and national elections are scheduled on a
constitutionally prescribed basis.
The Police Department is responsible for law enforcement and
maintenance of order.  It is responsible to and controlled by
civilian authorities, but there were occasional credible
reports of police abuse and mistreatment.
The economy is primarily agricultural.  The Government favors
free enterprise and generally encourages investment, both
foreign and domestic.  Preliminary estimates put 1994 gross
domestic product growth at 1.5 percent in real terms.
The Constitution provides for, and citizens enjoy in practice,
a wide range of fundamental rights and freedoms.  Principal
human rights abuses include occasional reports of police use of
excessive force when making arrests, prolonged incarceration
without trial, discrimination and domestic violence against
women, and employer mistreatment of immigrant workers in the
banana industry.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killings.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution expressly forbids torture or other cruel,
inhuman, or degrading treatment or punishment.  Nonetheless,
there were occasional credible reports of mistreatment and
abuse by police.  For example, during the Government's
well-publicized anticrime campaign against urban gangs, several
of those arrested alleged police abuse.  The Police Department,
the Police Complaints Board, and on occasion, special
independent commissions appointed by the Prime Minister
investigate any such allegations.  No police or prison officer
was charged with or convicted of such an offense in 1994.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or detention, and
the authorities respect these provisions in practice.  The law
requires the police to inform a detainee of the cause of
detention within 48 hours of arrest and to bring the person
before a court within 72 hours.  In practice, the authorities
normally inform detainees immediately of the charges against
them.  Bail is granted in all but the most serious cases.
However, many detainees cannot make bail, and backlogs in the
judicial system often cause considerable delays and
postponements of hearings, resulting in overcrowded prisons and
prolonged incarceration without trial.
The Constitution forbids exile, and it does not occur.
     e.  Denial of Fair Public Trial
Persons accused of civil or criminal offenses have
constitutional rights to presumption of innocence, protection
against self-incrimination, defense by counsel, a public trial,
and appeal.  Trial by jury is mandatory in capital cases.
Those convicted by either a magistrate's court or the Supreme
Court may appeal to the Court of Appeal.  In some cases,
including those resulting in a capital sentence, the convicted
party may make a final appeal to the Privy Council in the
United Kingdom.  In December the Privy Council agreed to hear
three such appeals, thereby suspending the government-imposed
death sentences.
The authorities respect these constitutional guarantees in
practice, although observers question the judiciary's
independence from the executive branch, noting that judges and
the Chief Prosecutor must negotiate renewal of their employment
contracts with the Government and thus may be vulnerable to
political interference.  Some observers opined publicly that
the Chief Prosecutor's decision in December to drop a case
against two suspected major drug criminals might have been
influenced by such considerations.  The Supreme Court and
magistrate courts suffer backlogs aggravated by the inability
to maintain a full complement of judges.
There were no reports of political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the protection of personal
property, privacy of home and person, and recognition of human
dignity, and the Government generally honors these provisions.
The law requires police to obtain judicial warrants before
searching private property, except when they have a reasonable
suspicion that a crime is being committed and do not have time
to obtain a warrant.  The police observe this requirement in
practice.  Customs officers do not need a warrant to search
private property.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution and local custom protect freedom of speech and
the press.  In practice, all viewpoints are publicly presented
without government interference.  Six privately owned weekly
newspapers, several of them fiercely partisan, engage in lively
debate.  The opposition press is a frequent critic of
government officials and policies.  All newspapers are subject
to the constraints of libel laws.  In 1994 the Prime Minister
won a libel suit against the opposition newspaper and was
awarded $12,500 in damages.
Belize's first privately owned commercial radio station began
broadcasts in 1990.  Since then, broadcast media have become
considerably more open.  The popular radio call-in programs are
lively and feature open criticism of and comment on government
and political matters.  Continuing indirect government
influence over the autonomous Broadcasting Corporation of
Belize, a former government monopoly which depends on
government financial support, sometimes affects its editorial
decisions regarding news and feature reporting.
There are 18 privately owned television broadcasting stations,
including several cable networks.  The Government's Belize
Information Service and the independent television station
channels 5 and 7 produce local news and feature programs.  The
Belize Broadcasting Authority (BBA) regulates broadcasting and
asserts its right to preview certain broadcasts, such as those
with political content, and to delete any defamatory or
personally libelous material from the political broadcasts of
both parties.  As far as is known, the BBA did not exercise
this authority during 1994.
The law provides for academic freedom and the Government
respects it in practice.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and the
authorities honor it in practice.  Political parties and other
groups with political objectives freely hold rallies and mass
meetings.  The organizers of public meetings must obtain a
permit 36 hours in advance of the meetings; such permits are
not denied for political reasons.  The Constitution permits
citizens to form and join associations of their choice, both
political and nonpolitical.
     c.  Freedom of Religion
There is no state religion.  All groups may worship as they
choose, and all groups and churches may establish places of
worship, train clergy, and maintain contact with coreligionists
abroad.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement within the
country.  Foreign travel, emigration, and repatriation are
unrestricted.
As many as 40,000 Central Americans from neighboring countries
have taken up residence in Belize since 1980, many of them
entering illegally and living in the country without
documentation.  Successive governments conferred refugee status
on nearly one-fourth of the new arrivals and provided them with
assistance.  However, the sheer number of refugees and other
immigrants strained government social services, while the
highly visible presence of recent immigrants in the labor force
and the marketplace has provoked widespread resentment among
native-born Belizeans.
Occasionally over the past few years, the Human Rights
Commission of Belize (HRCB) and others have complained that
immigration and law enforcement authorities abused suspected
illegal immigrants and in a few cases deported persons who in
fact were legal residents or bona fide refugees.  In response
to complaints, the Government promised to investigate all
charges of unfair treatment, discourtesy, or abuse.  The
Government claims that no specific evidence of these
allegations has been presented.  To facilitate greater
understanding between Belizean officials and the
Spanish-speaking people with whom they increasingly must work,
the Government instituted mandatory Spanish language training
for field officers in the Customs Service and Immigration and
Nationality Department.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Belize is a democracy governed by a Legislative Assembly, with
executive direction from a Cabinet of Ministers headed by Prime
Minister Manuel Esquivel.  The law requires national elections
at least every 5 years.
All elections are by secret ballot, and suffrage is universal
for citizens 18 years and older.  National political parties
include the People's United Party, the United Democratic Party
(UDP), and the National Alliance for Belizean Rights (NABR).
The nation's ethnic diversity is reflected in each party's
membership.  The Government changed hands (for the third time
since independence in 1981) in 1993 when a coalition of the UDP
and NABR won 16 of 29 seats in the House of Representatives.
Women hold a number of appointive offices, including three of
nine Senate seats.  One member of the House of Representatives
is a woman, but women in elective office are the exception
rather than the rule.  None hold senior positions in the
political parties.  No laws impede participation of women in
politics; their scarcity in Belizean electoral politics can be
attributed to tradition and socioeconomic factors.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The HRCB, a nongovernmental organization (NGO) affiliated with
regional human rights organizations, operates free of
government restriction on a range of issues, including refugee
and agricultural workers' rights, cases of alleged police
abuse, and cases of alleged illegal deportations of Central
American nationals.  The HRCB publicizes, and urges police and
other government bodies to act upon, complaints it receives.
Local and international human rights groups operate freely, and
the Government cooperates with independent investigations of
human rights conditions.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Belize is a multiracial, multiethnic country, and the
Government actively promotes tolerance and cross-cultural
understanding.  Discrimination on ethnic or religious grounds
is illegal and not common, although ethnic tension,
particularly resentment of recently arrived Central American
immigrants, continued to be a problem.
     Women
Despite constitutional provisions for equality, women face
social and economic prejudices.  For example, women find it
more difficult than men to obtain business and agricultural
financing and other resources.  Most employed women are
concentrated in female-dominated occupations with traditionally
low status and wages.  A Women's Bureau in the Ministry of
Labor and Social Services is charged with developing programs
to improve the status of women.  A number of officially
registered women's groups work closely with various government
ministries in promoting social awareness programs.  Women have
access to education and are active in all spheres of national
life, but relatively few are found in top managerial
positions.  While the law mandates that women receive equal pay
for equal work, women wage earners often earn less than men in
similar jobs.  Women are not impeded from owning or managing
land or other real property.
Domestic violence against women is a chronic problem.  The
Government took several steps to address domestic violence,
including a public education campaign conducted by the Women's
Services Office in the Ministry of Human Resources, as well as
the introduction in Parliament of a sexual harassment bill.
Women Against Violence (WAV), an NGO with branches throughout
the country, runs a shelter for battered women and a hotline
for rape victims.  WAV and other women's organizations
successfully lobbied the Government to secure passage of a
domestic violence law in 1992.  The law appears to have had an
effect in at least one instance.  In a much publicized case in
December, in which a court convicted Lorna James of murdering
her husband, the charge was later reduced to manslaughter
because Ms. James had been the victim of domestic violence
inflicted by her husband.
     Children
The Government formed a Family Services Division in the
Ministry of Human Resources devoted primarily to children's
issues.  The division coordinates programs for children who are
victims of domestic violence, advocates remedies in specific
cases before the Family Court, conducts a public education
campaign, and works with NGO's and the U.N. Children's Fund to
promote children's welfare.  The Government also created a
National Committee for Families and Children, chaired by the
Minister of Human Resources.
     People with Disabilities
The law does not mandate specifically the provision of
accessibility for disabled persons nor prohibit job
discrimination against them.  The Government's Disability
Services Unit, as well as a number of NGO's such as the Belize
Association of and for Persons with Disabilities and the Belize
Center for the Visually Impaired, provide assistance to
physically disabled persons.  Disabled children have access to
government special education facilities.
Section 6  Worker Rights
     a.  The Right of Association
By statute and in practice, workers are free to establish and
join trade unions.  Thirteen independent unions, with an
estimated 9.8 percent of the labor force, represent a
cross-section of white-collar, blue-collar, and professional
workers, including most civil service employees.  Several of
the unions, however, are moribund and inactive.  The Ministry
of Labor recognizes unions after they file with the Office of
Registry.  The law empowers members to draft the bylaws and
constitutions of their unions, and they are free to elect
officers from among the membership at large.  Unions which
choose not to hold elections may act as representatives for
their membership, but the National Trade Union Congress permits
only unions which hold free and annual elections of officers to
join its ranks.  Both law and precedent effectively protect
unions against dissolution or suspension by administrative
authority.
Although no unions are officially affiliated with political
parties, several are sympathetic to one or the other of the two
main parties.  Unions freely exercise the right to form
federations and confederations and affiliate with international
organizations.  The law permits unions to strike, but unions
representing essential services may strike only after giving
21 days' notice to the ministry concerned.  The Public Service
Union, which is the bargaining unit for some 1,400 civil
servants, staged a 3-day wildcat strike after talks with the
Government broke down over increased wages, but the strike was
not well-supported.
     b.  The Right to Organize and Bargain Collectively
The law provides for collective bargaining and unions freely
practice it throughout the country.  Employers and unions set
wages in free negotiations, or, more commonly, employers simply
establish them.  The Labor Commissioner acts as a conciliator
in deadlocked collective bargaining negotiations between labor
and management, offering nonbinding counsel to both sides.
Historically, the Commissioner's guidance has been voluntarily
accepted.  However, should either union or management choose
not to accept the conciliator's decision, both are entitled to
a legal hearing of the case, provided that it is linked to some
provision of civil or criminal law.
The Constitution prohibits antiunion discrimination both before
and after a union is registered.  Unions may freely organize,
but the law does not require employers to recognize a union as
a bargaining agent.  Some employers have been known to block
union organization by terminating the employment of key union
sympathizers, usually on grounds purportedly unrelated to union
activities.  Effective redress is extremely difficult in such
situations.  Technically, a worker may file a complaint with
the Labor Department, but it has been virtually impossible to
prove that a termination was due to union activity.
The Labor Code applies in the country's two export processing
zones (EPZ's).  There are no unions in the EPZ's, however,
reflecting the general weakness of organized labor in the
country, as noted above.
     c   Prohibition of Forced or Compulsory Labor
The Constitution forbids forced labor, and it is not known to
occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 14 years, or 17 years for
employment near hazardous machinery.  Inspectors from the
Ministries of Labor and Education enforce this regulation,
although in recent years school truancy officers, who have
historically borne the brunt of the enforcement burden, have
been less active.  The law requires children between the ages
of 5 and 14 to attend school, but there are many truants and
dropouts.
     e.  Acceptable Conditions of Work
The minimum wage is $1.12 (B$2.25) per hour, except in export
industries where it is $1.00 (B$2.00) per hour.  For domestic
workers and shop assistants in stores where liquor is not
consumed, the rate is $0.87 (B$1.75) per hour.  The minimum
wage law does not cover workers paid on a piecework basis.  The
Ministry of Labor is charged with enforcing the legal minimum
wage, which is generally respected in practice.  The minimum
wage as a sole source of income is inadequate to provide a
decent standard of living for a worker and family.  Most
salaried workers receive more than the minimum wage.
The law sets the normal workweek at no more than 6 days or
45 hours.  It requires payment for overtime work and an annual
paid vacation of 2 weeks.  A patchwork of health and safety
regulations covers numerous industries, and the Ministries of
Labor and Public Health enforce these regulations in varying
degrees.  Enforcement is not universal countrywide, and the
ministries commit their limited inspection and investigative
resources principally to urban and more accessible rural areas
where labor, health, and safety complaints have been
registered.  Workers have the legal right to remove themselves
from a dangerous workplace situation without jeopardy to
continued employment.
The exploitation of undocumented foreign workers, particularly
young service workers and workers in the banana industry,
continues to be a major concern of the HRCB and other concerned
citizens.  Undocumented immigrants working in the Stann Creek
area banana industry have complained of poor working and living
conditions and routine nonpayment of wages.  In 1992 a
government labor inspector was assigned to the area to help
resolve wage disputes and promote improved conditions, but
after more than 2 years, little progress has been made.
BENIN1
PTITLE:  BENIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             BENIN
The Republic of Benin is a constitutional democracy headed by
President Nicephore Soglo, who was elected in free and fair
elections in 1991.  There are 24 political parties represented
in the 64-member National Assembly.  No party or grouping
commands a majority of seats.  The President resorted to
emergency powers to pass his 1994 budget and fulfill the
country's commitments to international financial institutions.
The civilian-controlled security forces consist of the armed
forces under the direction of the Minister of Defense and the
police force under the Minister of Interior.  The two ministers
also share authority over the gendarmerie, which exercises
police functions in rural areas.  Although the military
continued to play an apolitical role in government affairs,
there were some concerns about morale within its ranks, its
ethnic imbalance, and the depth of its commitment to
constitutional rule.
The economy is based largely on subsistence agriculture, cotton
production, regional trade, and small-scale offshore oil
production.  The Government continued its austerity program to
privatize state-owned enterprises, reduce fiscal expenditures,
and deregulate trade.  However, the country continues to suffer
from a bloated and inefficient bureaucracy, high debt-servicing
costs, and widespread unemployment.
Overall, the Government continued to respect the fundamental
rights provided for in the 1990 Constitution.  The major human
rights problems continued to be the failure by police forces to
curtail acts of vigilantism and mob justice; serious
administrative delays in processing criminal cases with
attendant denial of timely fair trials; harsh and unhealthy
prison conditions; societal discrimination and violence against
women and the abuse of children.  The Government finally
brought to trial those detained for coup plotting in 1992; it
acquitted 3 and convicted 24 persons.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and cruel, inhuman, and
degrading treatment, and there were no reports that government
forces employed it.  The Government began making payments to
victims of torture under the previous military regime which
ruled from 1972 to 1989.
A rising crime rate and a lack of police responsiveness led to
more reports of mob justice.  Mobs reportedly inflicted severe
injuries on suspected criminals, particularly thieves caught in
the act.  Although a number of these incidents took place in
urban areas, there were no indications that the Government
investigated or prosecuted anyone involved.
Prison conditions continue to be harsh.  Extensive overcrowding
and lack of proper sanitation and medical facilities pose a
risk to prisoners' health.  The prison diet is grossly
inadequate, and malnutrition and disease are common.  Prisoners
are allowed to meet with visitors.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits detention of persons for more than
48 hours without a hearing by a magistrate, whose order is
required for continued detention.  However, there were credible
reports that authorities exceed this 48-hour limit in many
cases, sometimes by as much as a week, using the accepted
practice of holding a person without specified time limit "at
the disposition of" the public prosecutor's office before
presenting the case to a magistrate.  There were no reports of
incommunicado detention.  Approximately 75 percent of prisoners
are pretrial detainees.  Arbitrary arrest is not routine but
does occur occasionally.
There were no reports that the Government held any political
detainees at year's end.  Early in 1994 the Government
provisionally released, pending their trials, the country's
former intelligence chief and his deputy who allegedly carried
out acts of torture under the old regime.  The Government had
held the pair on charges of torture, one since late 1991, the
other since late 1992.
President Soglo at the end of the year announced a one-half
reduction in the prison terms of those convicted of offenses
after August 1.  He excluded those sentenced for murder and
certain other felonies, as well as those convicted of
embezzlement of public funds.
In August the Government began the trial of a group of 27,
largely military officers, of whom 16 were tried in absentia.
Most had been held for over 2 years; international human rights
groups had expressed concern.  The trial ended in September.
The Constitution prohibits forced exile of any citizens, and
many who went into exile under previous governments have
returned.
     e.  Denial of Fair Public Trial
The legal system is based on French civil law and local
customary law.  A civilian court system operates on the
national and provincial levels.  Military disciplinary councils
deal with minor offenses by military members but have no
jurisdiction over civilians.  There is only one court of
appeals.
The President appoints career magistrates as judges in civil
courts.  Although the Constitution provides that the Ministry
of Justice has administrative authority over judges, officials
are answerable only to the law in carrying out their duties.
The Ministry may, however, transfer judges.  Inadequate
facilities and overcrowded dockets result in slow
administration of justice.  The relatively low salaries of
magistrates and clerks have a demoralizing effect on their
commitment to efficient and timely justice and make them
susceptible to corruption.
A defendant has the right to be present at trial and to
representation by an attorney, at public expense if necessary.
In practice, the court provides indigent defendants
court-appointed counsel upon request.  Trials are open to the
public.
The Supreme Court is the court of last resort in all
administrative and judicial matters, and the new Constitutional
Court is charged with passing on the constitutionality of
laws.  The Constitutional Court, seated in June 1993, decides
disputes between the President and the National Assembly.  Its
rulings against both the executive and legislative branches
indicated its independence from these two branches of
government.  The Constitution also provides that a High Court
of Justice convene when necessary to preside over crimes
against the nation committed by the President or government
ministers.
The Government held no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for, and the Government respected in
practice, the inviolability of private property and the home,
as well as the privacy of personal correspondence and
communications.  Police are required to obtain a judicial
warrant before entering a private home, a requirement observed
in practice.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression and of the
press and other media; the Government generally respected these
rights.  There is a large and active private press consisting
of more than a dozen private newspapers.  A major new
independent daily newspaper which frequently criticizes the
Government began publishing in 1994.
The Government continued to own and operate the local radio and
television stations and a daily newspaper, the media most
influential in reaching the public.  Nevertheless, journalists
continued to cover sensitive matters and to criticize the
Government.  This included strong criticism of the President's
exercise of emergency powers to implement the budget.
A major increase in defamation suits accompanied the rise of
the free press.  Due to the President's grant of a reduction in
sentences, authorities released a journalist early who had been
convicted in 1993 of libel and sentenced to 1 year in prison.
The Government does not censor foreign books or artistic works
and foreign periodicals are widely available at newsstands.
The High Authority for Audio-Visual and Communications (HAAC),
a new constitutionally mandated body, began its preliminary
work to develop private radio stations.  By year's end, it had
not approved any licenses.  The Government, without prior
consultation with the HAAC, adopted two decrees in September
which regulated movie and video clubs.
In general, academic freedom is respected.  University
professors are permitted to lecture freely, conduct research,
and publish their work.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of peaceful assembly
and association, and these rights were generally respected.
The Government on two occasions disbanded labor meetings (see
Section 6.a.).  The Government requires permits for use of
public places for demonstrations, and requires associations to
register.  However, it routinely grants both permits and
registrations.  The Government did not take any actions against
nonregistered organizations for failure or refusal to register.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government observed it in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The presence of police, gendarmerie, and illegal roadblocks
impedes domestic movement.  Though ostensibly meant to enforce
automotive safety and customs regulations, many of these
checkpoints serve as a means for officials to exact bribes from
travelers.
The Government's policy toward transhumance allows migratory
Fulani herdsmen from other countries to enter freely; it does
not enforce designated entry points.  In recent years, friction
between native farmers and itinerant foreign herders has
sometimes led to violence.
The Government does not restrict international travel for
political reasons, and those who travel abroad may return
without hindrance.  Benin hosts some 50,000 Togolese refugees
who are protected and assisted by the United Nations High
Commissioner for Refugees (UNHCR).  The Togolese Government has
pressured Benin to deny asylum and to repatriate refugees
forcibly, most of whom are members of or are sympathetic to
opposition groups.  The Government has resisted this pressure
and continues to maintain an open-door policy toward refugees.
There were no reports of forced repatriation.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this constitutional right in free and fair
elections in 1991.  The Constitution provides for a 5-year term
of office for the President (who is limited to 2 terms) and
4-year terms for National Assembly members (who may serve an
unlimited number of terms).  National Assembly elections are
scheduled for March 1995, with presidential elections in 1996.
More than a dozen new parties were created in 1994; others
folded or merged.  Voting is by secret ballot and the franchise
extends to all adults.
Women participate actively in political parties, but there are
only 2 women in the 19-member Cabinet and 3 in the 64-member
National Assembly.  The President of the Constitutional Court
is a woman, and the HAAC and the Economic and Social Council
each have one female member.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several nongovernmental organizations (NGO's) monitor human
rights without restriction or interference by the Government.
These organizations include:  the Human Rights Commission; the
Study and Research Group on Democracy and Economic and Social
Development; the Association of Christians Against Torture; and
the League for the Defense of Human Rights in Benin.  The Human
Rights Commission regularly investigated complaints it received
about police violence, arbitrary arrests, illegal detentions,
abuses of authority, and interference with labor rights.
In 1994 the Government provided a detailed response to Amnesty
International's 1993 report on the human rights situation in
Benin.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
and religion.
     Women
Although the Constitution provides for equality for women in
the political, economic, and social spheres, women experience
extensive societal discrimination, especially in rural areas,
where they occupy a subordinate role and are responsible for
much of the hard work on subsistence farms.  In urban areas,
women dominate the trading sector in the open-air markets.  By
law, women have equal inheritance and property rights, but
local custom in some areas prevents them from inheriting real
property.  Women are underrepresented in government positions
and do not enjoy the same educational opportunities as men.  In
some parts of the country, girls receive no education at all.
While no statistics are available, violence against women,
including wife beating, occurs.  It is not considered
widespread.  The press sometimes reports incidents of abuse of
women, but judges and police are reluctant to intervene,
considering such abuse a family matter.
     Children
The Ministry of Labor and Social Affairs is charged generally
with the protection of children's rights and focuses primarily
on education and health issues.  There is no broad pattern of
societal abuse against children, nor is there child
prostitution.  There are some traditional practices that
inflict violence on children which the Government has been
vigorous in its efforts to end, including prosecuting
offenders.  These practices include the killing of deformed
babies (thought to be sorcerers in some rural areas) and a
tradition in which a groom abducts and rapes the prospective
(under 14 years of age) bride.  In a much-publicized case in
July, a criminal court sentenced a mother and her accomplices
to 15 years in prison at hard labor for arranging the 1988
kidnaping and sale of her 8-year-old son.
Female genital mutilation (FGM), which is condemned by
international health experts as damaging to physical and mental
health, is practiced on females at a young age as well as on
teenage girls and women up to age 30.  Studies suggest at least
4 percent of Beninese women are affected by this practice,
mostly in the northern provinces.  Recent research by an NGO
found that those who perform such circumcisions, themselves
often elderly women, have a strong profit motive in the
continued practice.  The Government has cooperated with an
Inter-African committee working against FGM by making available
locally produced posters and pamphlets at government health
clinics even though FGM is not illegal.
     National/Racial/Ethnic Minorities
Benin has a long history of regional rivalry.  Although
southerners dominate the Government's senior ranks, northerners
dominate the military.  The south has enjoyed more advanced
economic development, a larger population, and has
traditionally held favored status.
     Religious Minorities
There is no official religion and no single dominant religion.
     People with Disabilities
Although the Constitution mandates that the State "look after
the handicapped," the Government does not mandate accessibility
for disabled persons.  The Government operates a number of
social centers for disabled persons to assist their social
integration.  Nonetheless, many are unable to find employment
and must resort to begging to support themselves.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides workers with the freedom to organize,
join unions, meet, and strike, and those rights are usually
respected in practice.  The labor force of about 2 million is
primarily engaged in subsistence agriculture (80 percent), with
less than 2 percent of the population engaged in the modern
(wage) sector.  Approximately 75 percent of wage earners belong
to labor unions.  There are four union confederations;
confederations and individual unions have the right to
affiliate internationally.  Unions are generally independent of
the Government and political parties, but there were growing
efforts by some members of the National Assembly to coopt the
unions in their disputes with the Government.  The Economic and
Social Council, a constitutionally mandated body installed in
1994, includes four union representatives.
There were several instances of labor unrest during 1994, and
on two occasions the Government disbanded labor meetings.  In
July authorities denied permission for a labor demonstration
owing to concern that it would disrupt normal business, then
intervened when the demonstration was held anyway.  In January
the Government prevented a union from meeting despite the fact
that the union had conformed to normal procedures.
There was a legal 3-day general strike in March called by the
four labor unions to protest devaluation.  There were no
incidents or government intervention, even though the strike
was highly disruptive.  There were no known efforts to
retaliate against strikers.
     b.  The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining, and workers
freely exercised these rights.  Wages in the private sector are
set in negotiations between unions and employers.  A tripartite
group, composed of unions, employers, and the Government,
discussed and agreed to revisions in the former labor code;
these are now under consideration by the National Assembly.
The Government sets wages in the public sector by law and
regulation.
The Labor Code prohibits employers from taking union membership
or activity into account regarding hiring, work distribution,
professional or vocational training, or dismissal.  The
Government levies substantial penalties against employers who
refuse to rehire workers dismissed for lawful union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, and it is
not practiced.
     d.  Minimum Age for Employment of Children
The Labor Code prohibits the employment or apprenticeship of
children under the age of 14 in any enterprise.  However, the
Ministry of Labor enforces the Code in only a limited manner.
Child labor continues, on rural family farms, in urban areas,
and as domestic servants.
     e.  Acceptable Conditions of Work
The Government administratively sets minimum wage scales for a
number of occupations.  The minimum wage is approximately $39
per month (20,300 CFA), not enough to cover the costs for food
and housing of even a single worker living in an urban area.
Many workers must supplement their wages by subsistence farming
or in informal sector trade.  Most workers in the wage sector,
however, earn more than the minimum wage.
The Labor Code establishes a workweek of from 40 to 56 hours,
depending on the type of work, and provides for at least one
24-hour rest period per week.  The authorities generally
enforce legal limits on workweeks.  The Labor Code establishes
health and safety standards, but the Ministry of Labor does not
enforce them effectively.  The Labor Code does not provide
workers with the right to remove themselves from dangerous work
situations without jeopardy to continued employment.  The
Ministry of Labor has the authority to require employers to
remedy dangerous working conditions, but does not do so
effectively.
BHUTAN1
oTITLE: BHUTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            BHUTAN*
The Wangchuck dynasty of hereditary monarchs has ruled Bhutan
since 1907.  Located in the Himalayas between India and Tibet,
the small Kingdom has been able to escape domination by any
external power since the 10th century.  There is no written
constitution or bill of rights.  King Jigme Sinhye Wangchuck,
on the throne since 1972, has continued some efforts toward
social and political modernization begun by his father.
However, in the past half-decade government efforts to repress
ethnic Nepalese has sidetracked further progress.  Buddhist
citizens fear for the survival of their culture and identity
because of the rapid growth of the Nepalese segment of the
population.  Buddhists constitute one-half to two-thirds of the
population and generally inhabit the northern areas of the
Kingdom.  About one-third of the population, living mostly in
the southern districts, is Hindu of Nepalese origin.
The Royal Bhutan Police, a force of about 5,000, assisted by
the Royal Bhutan Army, with approximately 7,000 lightly armed
men, and a militia of about 10,000, maintains internal
security.  These forces have committed gross human rights
abuses against ethnic Nepalese in the past, and the Government
has failed to prosecute those responsible.
An estimated 90 percent of Bhutan's 600,000 population live in
rural areas on subsistence agriculture in a mainly barter
economy and are largely illiterate.  India is Bhutan's main
trading partner and principal source of foreign exchange.
The human rights situation improved slightly, but many basic
rights remain restricted.  There was insufficient information
to determine if the Government continued to sanction the
expulsion of ethnic Nepalese.  These people continued to arrive
in refugee camps in eastern Nepal, although in much lower
numbers than in the past few years.  Some refugees claim that
they were evicted by security forces.  From 1989 to 1992,
Bhutanese authorities forcibly expelled tens of thousands of
people declared to be illegal immigrants under the 1985
Citizenship Act.  Other rights are also restricted.  The
citizens do not have the right to change their government, and
there are significant limitations on the right to a fair trial,
peaceful association and assembly, and on worker rights.
Traditional cultural practices discriminate against women.

*The United States does not have an embassy in Bhutan.
Information on the human rights situation is therefore limited.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no independent confirmations of political or
extrajudicial killings.  However, the government-controlled
weekly newspaper continued to describe dozens of incidents in
which unidentified men staged hit-and-run attacks on civilians
living in the south, resulting in some deaths.  Many attacks,
described by the Government as political terrorism, appear to
have been the work of criminal gangs taking advantage of
unsettled conditions on the border with India.
     b.  Disappearance
From 1989-92, police and army forces arrested thousands of
ethnic Nepalese suspected of supporting the dissident
movement.  Some have been held in incommunicado detention;
others have disappeared.  The Government has denied
responsibility for any disappearances.  In the past few years,
the Government released from detention at least 1,666 ethnic
Nepalese under official amnesties, including 23 on February
22.  Among those amnestied in February was Deo Dutta Sharma, a
student leader who says he was abducted by the Royal Bhutan
Police from the Indian state of West Bengal in December 1989.
After his release, Sharma claimed he was held in solitary
confinement for the first 3 years of his detention.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
According to local human rights groups, allegations of torture
and rape in southern Bhutan decreased at the end of 1993.
However, there was little evidence of that the Government
investigated or punished security force officials implicated in
the widespread abuses reported during 1989-1992.  Government
forces committed these abuses in southern Bhutan as part of an
effort to reduce the presence of ethnic Nepalese (see Section
5).  This policy created a climate of impunity in which the
Government tacitly condoned the physical abuse of ethnic
Nepalese.
The Human Rights Organization of Bhutan (HUROB), the People's
Forum for Human Rights, Bhutan (PFHRB), and the South Asia
Human Rights Documentation Center (SAHRDC) published dozens of
affidavits from victims of rape and torture who fled to refugee
camps in Nepal.  Several nongovernmental organizations (NGO's)
in Nepal are providing rehabilitation services to victims of
torture among those refugees.
Following the 1990 disturbances and mass arrests, prison
conditions had been poor, with inadequate sanitation, unhealthy
food, and endemic overcrowding which reportedly resulted in the
deaths of detainees.  Responding to urging from Amnesty
International (AI), the Government ended the use of shackles in
1992.  Representatives from the International Committee of the
Red Cross (ICRC) began visiting prisons in 1993.  The opening
of a new prison camp in Chemgang and the release of more than
1,600 detainees contributed to some improvement in conditions
of detention.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention remain a problem but are not
routinely used as a form of harassment.  The law does not
provide for protection against arbitrary arrest.  There are few
established procedures for processing detainees.  These
shortcomings in the criminal justice system leave the
authorities ample room for abuse.  The authorities may arrest
persons without warrants and detain them for weeks before they
are brought before a judicial officer.  Delay in informing
family members of an arrest is commonplace.  Incommunicado
detention was a serious problem in 1991 and 1992, but the
initiation of ICRC prison visits and establishment of an ICRC
mail service between detainees and family members has helped to
allay this problem.
"Terrorists" caught by village volunteers are generally held in
detention camps in southern Bhutan before they are transferred
to prison facilities near the capital.  In many cases, the
detention of accused "antinationals," a term the Government
uses to describe some ethnic Nepalese dissidents, is
arbitrarily prolonged.  At mid-year, the authorities detained
some 165 detainees on charges related to political unrest in
southern Bhutan.  Many have been awaiting trial for nearly 4
years.
Although the Government does not formally use exile a form of
punishment, many of the accused "antinationals" freed under
government amnesties say they were released on the condition
that they depart the country.  Several of them subsequently
registered at camps in Nepal funded by the United Nations High
Commissioner for Refugees (UNHCR).
     e.  Denial of Fair Public Trial
The judicial system consists of district courts and a High
Court in Thimpu with judges appointed by the Royal Civil
Service Commission.  Minor offenses and administrative matters
are adjudicated by village headmen.  Criminal cases and a
variety of civil matters are adjudicated under a 17th century
legal code, revised in 1965, which applies to all citizens
regardless of ethnic origin.  Judges are accountable to the
King are responsible for all aspects of a case, including
investigation, filing of charges, prosecution, and judgment.
Defendants have the right to appeal to the High Court, and may
make a final appeal to the King, who traditionally delegates
the decision to the Royal Advisory Council.  The legal system
does not provide for jury trials or the right to a
court-appointed defense attorney, although it does allow for
the appointment of a "jambi," a person trained in the law, if
the defendant so desires.  Defendants are not presented with
written charges; instead they answer to accusations made orally.
Questions of family law, such as marriage, divorce, and
adoption are resolved according to a citizen's religion:
Buddhist law for the majority Buddist population; and Hindu
law, which predominates in areas inhabited by ethnic Nepalese.
The Government tried and convicted about 40 people over the
past 2 years on charges of treason and other "antinational"
activities related to ethnic Nepalese resistance to the 1985
Citizenship Act and its enforcement by the Government.  In
addition, some or all of the 129 persons detained in Chemgang
Prison in connection with anti-national activities may be
political prisoners.  Tek Nath Rizal, an ethnic Nepalese and
internationally recognized political prisoner, remained in
prison following his 1993 conviction under the National
Security Act.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
There are no laws providing for these rights, but cultural
traditions are highly respectful of personal privacy.  However,
the Government has undermined these traditions by its emphasis
on promoting national integration.  For example, a royal decree
issued in 1989 made Drukpa national dress compulsory for all
citizens.  Anyone found violating the decree may be fined or
sentenced to jail for a week.  Although observance of the
decree is lax, there are occasional drives to stiffen
enforcement, which exposes ethnic Nepalese to intimidation.
According to human rights groups, police regularly conduct
house-to-house searches for suspected dissidents without
explanation or legal justification.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
With an adult literacy rate around 30 percent, Bhutan's
population is relatively uninfluenced by the print media.
Kuensel, the Government's weekly newspaper, with a circulation
of 10,000, is the country's only regular publication.  The
authorities allow indirect criticism of the King in the
National Assembly and Kuensel sometimes covers such criticism.
Indian and other foreign newspapers are available, but
authorities confiscate and censor editions carrying articles
critical of the royal family or government policies.
Bhutan has no television broadcast service.  In 1989 the
Government ordered the dismantlement of all private television
antennas and satellite receiving dishes.
The government radio station broadcasts each day in the four
major national languages (Dzongkha, the language of the western
highlands; Nepali, English; and Sharchop).
At the end of 1990, the Government banned the Nepali language
as a medium of instruction in Bhutanese schools.
     b.  Freedom of Peaceful Assembly and Association
These freedoms are restricted.  Citizens may engage in peaceful
assembly and association only for purposes approved by the
Government.  Although the Government allows civic and business
organizations, there are no political parties.  The Government
regards two parties organized by ethnic Nepalese exiles--the
the BPP and BNDP--as "terrorist and antinational" organizations
and has declared them illegal.  The parties do not conduct
activities inside the country.  The BNDP advocates a
constitutional monarchy with a parliamentary democracy.  The
BPP seeks an ethnic Nepalese government.
A third exile-based opposition party, the Druk National
Congress, was launched in mid-1994 by reform-minded persons of
the Drukpa elite.
     c.  Freedom of Religion
Buddhism is the state religion.  The Government subsidizes
monasteries and shrines and provides aid to about a third of
the Kingdom's 12,000 monks.  The monastic establishment enjoys
statutory representation in the National Assembly and Royal
Advisory Council and is an influential voice on public policy.
Citizens of other faiths, mostly Hindus, enjoy freedom of
worship but may not proselytize.  Under the law, conversions
are illegal.  The King has declared major Hindu festivals to be
national holidays, and the royal family participates in them.
Foreign missionaries are not permitted to proselytize, but
international Christian relief organizations and Jesuit priests
are active in education and humanitarian activities.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Some citizens enjoy considerable freedom of movement, but many
reports indicate that ethnic Nepalese face travel restrictions
within Bhutan.  The southern border with India is open, and
people residing in the immediate vicinity cross it freely.  The
Government has informally limited the admission of tourists to
4,000 a year, a limit which includes Indians who enter the
country by airplane or stay in hotels.  There were 2,985 such
arrivals in 1993.  By treaty, citizens may reside and work in
India.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government.
Bhutan is an absolute monarchy, with sovereign power vested in
the King.  The Government has resisted democratic changes.
Decisionmaking is centered in the royal palace and involves
only a small number of officials in the civil and religious
establishment.  Although the present King and his father have
made some attempts to integrate women and ethnic Nepalese into
the body politic, the system is still dominated by the male
members of an aristocracy of Mahayana Buddhist ancestry.
Political parties do not legally exist, and their formation is
discouraged by the Government.  The Government prohibits two
parties established by abroad by ethnic Nepalese (see Section
2.b.).
The National Assembly, established in 1953, is composed of 105
members elected by limited franchise:  by village headmen in
Buddhist areas and heads of families in Hindu areas.  Twelve
members of the Assembly are elected by monastic establishments
and 33 members are high-level government officials appointed by
the King.  The Assembly enacts laws, approves senior government
appointments, and advises the King on matters of national
importance.  Voting is by secret ballot, with a simple majority
needed to pass a measure.  The King may not formally veto
legislation, but may return bills for further consideration.
The Assembly occasionally rejects the King's recommendations or
delays implementing them, but in general, the King has enough
influence to persuade the Assembly to approve legislation he
considers essential or to withdraw proposals he opposes.  The
Assembly may question government officials and force them to
resign by a two-thirds vote of no confidence.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not allow local human rights groups.  At
least three groups established by ethnic Nepalese exiles,
HUROB, PFHRB, and the Association of Human Rights
Activists-Bhutan (AHURA), operate abroad and take depositions
from ethnic Nepalese refugees arriving in Nepal (see Section
1.c.).  The Government accuses these groups of working for the
opposition and does not permit them in Bhutan.  These groups
also conduct international campaigns to put pressure on the
government and provide human rights education in the refugee
camps.  However, they rarely report violations committed by
dissident political groups.
The Government continued to cooperate with humanitarian
groups.  ICRC representatives continued their periodic prison
visits, and the Government for the first time allowed them
access to temporary detention facilities in the south, an area
inhabited by ethnic Nepalese.  The Government also allowed a
visit by a team from Refugees International, which traveled
widely in the south.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Bhutan has not developed a rigid caste system or customs that
sequester or disenfranchise women.  Family land is divided
equally between sons and daughters, and dowry is not practiced,
even among ethnic Nepalese Hindus.  A study by the United
Nations Children's Fund (UNICEF) found that boys and girls
receive equal treatment regarding nutrition and health care.
This equality is reflected in data showing little difference in
child mortality rates between the sexes.  UNICEF found that
among Among urban dwellers, girls are given "equal or nearly
equal opportunities" to pursue education.  However, government
data indicate that girls account for only about 40 percent of
the school population nationwide.  Although traditional
cultural patterns place girls in a lower status than boys,
girls are still cherished, as women generally care for parents
in old age.
The sexes mix freely, and polygyny is sanctioned as long as the
first wife gives her permission.  Marriages may be arranged by
partners themselves as well as by their parents.  Divorce is
common.  Recent legislation requires that all marriages must be
registered and favors women in matters of alimony.  About 10
percent of government employees are women.  Women in unskilled
jobs are generally paid less than men.
Rape was made a criminal offense in 1953, but that law had weak
penalties and was poorly enforced.  In 1993 the National
Assembly adopted a revised Rape Act with clear definitions of
criminal sexual assault and stronger penalties.  In cases of
rape involving minors, reportedly a growing problem, sentences
range from 5 to 17 years.  In extreme cases, a rapist may be
imprisoned for life.
     Children
Children enjoy a privileged position in society and benefit
from international development programs focused on maternal and
child welfare.  There is no known pattern of societal abuse
against children.
     National/Racial/Ethnic Minorities
Ethnic Nepalese arrived in Bhutan in large numbers at the turn
of the century.  The Citizenship Law of 1958 granted
citizenship to all ethnic Nepalese adults who owned land and
had lived in Bhutan for at least 10 years (also see Section
2.d.).  However, the Government maintains that large-scale
illegal immigration continued and was not detected until the
1988 census.  The discovery that ethnic Nepalese were close to
becoming a majority prompted the Government to launch an
aggressive campaign to reassert Bhutanese, or Drukpa, culture,
restrict immigration, and expel many ethnic Nepalese.  The
ruling elite feared that Bhutan's Buddhist society would be
overwhelmed by the Hindu ethnic Nepalese--as happened in
neighboring Sikkim, which was annexed by India in 1974.
Early efforts at halting the unfavorable demographic trends
focused on limiting immigration and attempting to assimilate
the existing ethnic Nepalese.  Attempts at assimilation
included financial incentives for intermarriage, education for
some students in regions other than their own, and direction of
economic development funds to the south.  By 1989 assimilation
gave way to policies aimed at "Bhutanization."  Measures
intended to preserve a national identity required the wearing
of Bhutanese dress, made the teaching of Dzongkha compulsory,
and banned instruction in Nepali.
Beginning in early 1988, the Government sought to reduce the
ethnic Nepalese population by enforcing a 1985 law that
significantly tightened the requirements for citizenship.
Until 1985, citizenship was confered upon children if their
father was a citizen under the 1958 Nationality Law.  However,
the 1985 act raised this standard by requiring that both
parents must be citizens to confer citizenship on their
children.  The Government declared as illegal immigrants all
residents who could not meet the new requirement.
Residents who lost their citizenship under the 1985 act may
apply for naturalization, but only after satisfying a rigorous
set of standards that include proficiency in the Dzongkha
language and proof of residence during the previous 15 years.
Exile political groups complain the law makes unfair demands
for documentation on largely illiterate people in a country
that has only recently adopted basic administrative
procedures.  They claim many ethnic Nepalese whose families
have been in Bhutan for generations were expelled because they
were unable to document their claims to residence.  The
Government denies this and asserts that the word of village
leaders is an acceptable substitute for written documentation.
Refugee groups claim that village elders are not present when
citizenship interviews are carried out.
The 1985 Citizenship Act also stipulates the revocation of
citizenship of any naturalized citizen who "has shown by act or
speech to be disloyal in any manner whatsoever to the King,
country and people of Bhutan."  The Home Ministry, in a
circular notification in 1990, advised that "any Bhutanese
national leaving the country to assist and help the
antinationals shall no longer be considered as a Bhutanese
citizen ... such people's family members living under the same
household will also be held fully responsible and forfeit their
citizenship."  Human rights groups charge this provision was
widely used to revoke the citizenship of ethnic Nepalese who
were subsequently exiled from southern Bhutan.
Arrivals of refugees in the eight camps run by the UNHCR and
its cooperating agencies in Nepal peaked during 1992.  By
mid-1994, arrivals had fallen to slightly more than 60 per
month, reflecting a significant decrease in the number of
families emigrating from Bhutan.  Independent NGO's reported
that many of the refugees arriving in Nepal in 1994 had
unquestioned Bhutanese citizenship and made no claims of
political persecution in Bhutan.  Most of the arrivals reported
that they departed Bhutan because of the depopulation in the
southern districts, a heightened sense of apprehension and
insecurity, and the desire to be reunited with family members
already in Nepal.  A group of 284 who arrived in April was
reportedly composed of bona fide Bhutanese citizens who left
because of a land dispute.
By May 83,817 refugees were registered in the UNHCR camps, of
whom about 66,000 arrived in 1992.  Between 5,000 and 15,000
other refugees are believed to have settled with family members
in India.  The total outflow of approximately 100,000 people in
2 years is equal to about 15 percent of Bhutan's population.
The Government maintains that those who have been expelled are
Nepalese or Indian citizens who arrived in Bhutan after the
enactment of the 1958 Nationality Law.  It also claims the
majority of those in Nepal departed Bhutan voluntarily after
selling their land and property.  Nonetheless, there are
credible reports that these "voluntary" emigrants were
compelled to sign away their property by government officials.
A Nepal-Bhutan joint ministerial committee met in February,
April, and June to discuss ways to determine which refugees
might be entitled to return to Bhutan.  These discussions
achieved little progress.
As concern spread about the growing refugee population in
Nepal, international pressure mounted on the Government.  In
response, the Government tried to reduce the outflow of
migrants from southern Bhutan.  The Government issued a royal
decree which made the forcible eviction of a citizen a criminal
offense.  Three government officials were convicted on charges
of intimidating ethnic Nepalese.  The decree also exempted
ethnic Nepalese from paying rural taxes and contributing labor
for development projects in 1992.  However, the exodus had
gained momentum and by early 1994 visitors reported that much
of southern Bhutan had become depopulated (see Section 2.d.)
By law southerners may own land and establish business in the
north, and northerners have the same right in the south.
Nonetheless, it is reportedly still difficult for ethnic
Nepalese, except government officials, to buy property in
Buddhist areas.
Residents are required to provide certificates issued by the
police for admission to school and government jobs.  For
example, a February 16 advertisement in the national newspaper
required a police certificate from students seeking to enter a
government-supported training course.  Human rights groups
claim these certificates are used to prevent ethnic Nepalese
citizens from taking jobs or educational slots in many
districts of Bhutan.
Exiles student groups accuse the Government of revoking the
scholarships of ethnic Nepalese students who were accused of
supporting the dissident movement.  Government critics claimed
families with ties to the palace and senior levels of the
Government are strongly favored in their access to government
employment and state scholarships for foreign education.  The
Government contends it has made a serious effort to send
qualified minority candidates for education overseas.
     People with Disabilities
There is no evidence of official discrimination toward people
with disabilities but the Government has not passed legislation
mandating accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Trade unionism is not permitted, there are no labor unions,
workers do not have the right to strike, and the Government is
not a member of the International Labor Organization.
     b.  The Right to Organize and Bargain Collectively
There is no collective bargaining or labor legislation
pertaining to industry, which accounts for about 25 percent of
the gross domestic product but only a minute fraction of the
total work force.  The Government affects wages in the
manufacturing sector through it control over parastatal wages.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Government uses a system of compulsory labor taxes to
compensate for its low financial tax base.  Under various rural
development schemes, a typical family of 8.5 persons may be
required to provide up to 40 worker-days each year.  There is
no evidence to suggests that domestics or children are subject
to coerced or bonded labor.
     d.  Minimum Age for Employment of Children
There are no laws governing the employment of children.
Children are not employed in the industrial sector but many
assist their families in the traditional economy.  In
road-building, eligibility for employment determined by ther
applicant's height, not age.  Although most workers are at
least 15, a UNICEF study suggested that children as young as 11
are sometimes employed with road-building teams.
     e.  Acceptable Conditions of Work
As noted above, there is no labor legislation, no legislated
minimum wage, standard workweek, or health and safety
standards.  Labor markets are highly segmented by region, and
monitoring wage developments is inhibited by the preponderance
of subsistence agriculture and the practice of barter.  The
largest salaried labor market is the government service, which
has an administered wage structure last revised in 1988.  Only
about 18 industrial plants employ more than 50 workers.  Apart
from a few of these larger plants, the entire industrial sector
consists of home-based handicrafts and some 60 privately owned
small- or medium-scale factories producing consumer goods.
Bhutan's rugged geography and land laws that prohibit a farmer
from selling his last five acres result in a predominantly
self-employed agricultural labor force.
BOLIVIA1
fTITLE:  BOLIVIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BOLIVIA
A multiparty democracy with an elected president and bicameral
legislature, Bolivia has separate executive, legislative, and
judicial branches with an attorney general independent of all
three.  In August the Congress approved constitutional
amendments affecting election of future presidents and
congresses, lowering the voting age, reforming the judicial
system, and creating a human rights ombudsman office and a
court of constitutionality.
The Army, Air Force, Navy, and National Police (including the
UMOPAR rural mobile patrols) comprise the security forces.
They are generally responsible to the civilian authorities, but
some elements of the security forces committed incidents of
human rights abuse.
Rich in minerals and hydrocarbons, Bolivia has a per capita
gross domestic product of about $1,000; 55 percent of its
inhabitants live below the poverty line.  Many Bolivians lack
services such as water, power, sewage, and elementary health
care, while traditional agricultural practices and weak
infrastructure make poverty endemic in rural areas.  The
Government stressed debt reduction, exports, foreign
investment, privatization, and a freer banking system to
promote development.  Real economic growth was estimated at
about 4 percent in 1994, the same as 1993.
The most pervasive human rights abuse continued to be prolonged
incarceration of detainees caused by inefficiency and
corruption in the judicial system.  The Government's efforts to
combat well-entrenched and violent drug traffickers produced
some abuses, including an extrajudicial killing, thefts, and
drug-related corruption.  Other abuses included mistreatment of
detainees and prisoners (exacerbated by failure to punish
perpetrators), substandard prison conditions, violence and
discrimination against women and indigenous people, and inhuman
working conditions in the mining industry.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.  There
were two documented cases in which government forces committed
extrajudicial killings.  In one, a patrol of soldiers under a
junior officer beat to death a Spanish citizen following an
argument.  At the urging of the Foreign Ministry, the armed
forces investigated; the officer and five soldiers were at
year's end on trial for murder in a civilian court.  In another
case, on August 18, an UMOPAR patrol killed a cocaine
laboratory worker, Felipe Perez Ortiz, during a
counternarcotics operation in the coca-growing Chapare region.
Initial police reports indicated Perez died in a gun battle,
but further investigation showed he died in custody from a
gunshot to the head.  The members of the patrol were detained;
the policeman suspected of the actual shooting, however,
"escaped" September 3 under circumstances not yet clarified.
The guards on duty at the time of the escape were arrested but
have not yet been tried.
Following a 7-year trial in absentia for murder, human rights
abuses, and other crimes, in April 1993 the court sentenced
former dictator General Luis Garcia Meza to the maximum 30-year
prison term.  Brazilian authorities arrested Garcia Meza and
approved a Bolivian extradition request in 1994, but his
lawyers appealed, and Brazil had not returned him to Bolivian
custody by the end of the year.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The constitutional prohibition on torture is generally
honored.  There were, nevertheless, credible charges of cruel
and degrading treatment of detainees and prisoners by police
and prison personnel, particularly in connection with a major
coca eradication effort in the Chapare region.  The Government
sent an investigatory team there, but no security personnel
were tried for such acts; lack of evidence and fear prevented
cases from going to trial.  Some rural leaders exaggerated
reports of UMOPAR abuses, making it hard to distinguish between
legitimate complaints and political agitation.  In the past,
however, there were credible reports of UMOPAR mistreatment of
detainees (e.g., pushing, kicking).  Allegations of more
serious abuses, such as rape, could not be confirmed.  UMOPAR
has augmented the human rights component of its training.
Allegations also resurfaced that ex-officers in police
intelligence had in past years tortured captured terrorists.
The congressional human rights committee investigated the
charges but announced no conclusions.  The accusations seem
politically motivated and not credible.
Prison conditions vary from luxurious to wretched.  Ability to
pay can determine cell size, visiting privileges, day-pass
eligibility, sentence, and place of confinement.  Cell prices
range from $20 to $5,000, paid to prior occupants or to
prisoners who control cell blocks.  In the poorest parts of La
Paz' San Pedro prison, for example, inmates occupy tiny cells
(3 by 4 by 6 feet) with no ventilation, lighting, or beds.
Crowding in some "low-rent" sections obliges inmates to sleep
sitting up.  Children up to 6 years old may live with an
incarcerated parent; authorities have worked to get children
out of prisons, but many have nowhere else to go.  A member of
the Bolivian Permanent Assembly for Human Rights (APDHB)
asserted that approximately 400 children live with their
parents in prison.  Well-financed drug traffickers and
terrorists often enjoy relatively lavish accommodations and
visiting rights.  Chonchocoro prison, outside La Paz, is built
to hold the most dangerous criminals.  These, however, often
have means to get transfers, for "medical" reasons, to less
secure facilities.
     d.  Arbitrary Arrest, Detention, or Exile
Denial of justice through prolonged detention remains the most
pervasive human rights problem.  Judicial corruption, a
shortage of public defenders, inadequate case-tracking
mechanisms, and complex criminal justice procedures keep
persons incarcerated for months, or even years, before trial.
Some estimates claim that up to 85 percent of inmates have yet
to go to trial.  The Constitution provides for judicial
determination of the legality of detention.  Prisoners are
released if a judge rules detention illegal, but the process
can take months.  Prisoners may see a lawyer, but public
defenders are overburdened.  Bail exists, except in some drug
cases, and is generally granted.  Many persons, however, cannot
afford it.  Persons tried under Law 1008 (the counternarcotics
law) must await Supreme Court confirmation or rejection of
lower courts' verdicts--a process involving severe delays.
Acquittal does not guarantee release from prison.  Thousands
remain in jail for months or even years after receiving "not
guilty" verdicts because they cannot pay for release papers,
other forms, and lawyers' fees.  The Government has begun to
address the problem of delay of justice, including
constitutional reforms to streamline the judicial system.  The
Minister of Justice vowed to free those who have spent long
periods imprisoned without trial or were found not guilty but
stay incarcerated for inability to pay fees and fines.  At his
urging, the legislature approved a government proposal to end
imprisonment for debt.  (The law had provided that debtors may
be imprisoned until they pay civil damages, as well as court
costs and fees.)  The Government freed some 300 persons by
year's end, some of whom served as many as 10 years in prison
for debts as small as $50.
Exile is not used as a punishment.
     e.  Denial of Fair Public Trial
The Constitution provides for the right to a fair public trial,
and the authorities generally respect it.  Investigation,
trial, and appeal procedures, however, take so long that
prisoners can serve more time than the sentence for the crime
with which they are charged.  Defendants have the right to an
attorney, to confront witnesses, to present evidence, and to
appeal judicial decisions.  The authorities generally honor
these rights.  Although the law provides for a defense attorney
at public expense if needed, one is not always available.  The
highly formal and corrupt judicial system makes it difficult
for poor, illiterate persons to have access to courts and legal
redress.
Corruption and intimidation in the judicial system remain major
problems.  Poor pay and working conditions help make judges and
prosecutors susceptible to bribes to free suspected drug
traffickers and their property.  In July the acting Attorney
General, under circumstances that suggested strongly he had
been bribed or threatened, recommended against the extradition
of several traffickers.  After a long impeachment trial in
Congress, two Supreme Court justices, including the Court's
president, were found guilty of malfeasance and removed from
the Court.
APBDH, the major local human rights group, asserted that there
were about 20 "political prisoners," but the Government claimed
they were terrorists involved in violent crimes, including
murders and bombings.  Available evidence supported the
Government's claim.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the sanctity of the home and the
privacy of citizens' lives, and the Government usually
respected these provisions.  There were credible allegations of
UMOPAR abuses, including thefts of property from homes and
illegal searches.  Opponents charged that security services
conducted illegal phone taps and other surveillance; these
charges could not be confirmed.  The Government respects the
rights of individuals to determine family size, religion, and
political affiliations.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
No legal or institutional barriers to freedom of speech and
press exist.  State-owned and private radio and television
stations operate freely.  Newspapers are privately owned; most
adopt antigovernment positions.  There were credible charges of
politicians and drug traffickers paying newsmen for favorable
coverage, even though professional organizations rejected such
accusations.
The Government respects academic freedom, and the law grants
public universities autonomous status.  Some university-based
Marxist groups seek to deny academic freedom and impose their
political agenda on the education process.  They have
threatened to paralyze the educational system to protest the
Government's reform plan, which moves resources from the
universities to primary education.
     b.  Freedom of Peaceful Assembly and Association
The law provides for the rights of peaceful assembly and
association, and the authorities respect them in practice.
Labor, political, and student groups carried out numerous
demonstrations and rallies in La Paz and other cities.  As a
rule, authorities try to avoid confronting demonstrators.  The
Government routinely granted permits for marches and rallies.
     c.  Freedom of Religion
Roman Catholicism predominates; the Constitution recognizes it
as the official religion.  Citizens may practice the religion
of their choice.  About 400 religious groups, mostly
Protestant, are active.  Missionary groups must register with
the Foreign Ministry as nongovernmental organizations (NGO's);
no indication exists that they received treatment different
from that given other NGO's.  Despite Catholic Church
criticism, the Ministry disallowed no registrations.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
No restrictions exist on travel.  The Government permits
emigration, guarantees the right to return, and does not revoke
citizenship for political reasons.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Bolivia is a multiparty democracy with an elected president and
an independent, bicameral legislature.  Political parties
ranging from far left to moderate right function openly.
National elections are held every 4 years; the June 1993
elections were free and fair, resulting in a peaceful,
constitutional change of government.  Suffrage is universal and
obligatory.
No legal impediments exist to women or indigenous people
voting, holding political office, or rising to political
leadership.  Nevertheless, the number of women and indigenous
people who have prominent positions in politics remains small,
but with notable exceptions such as Vice President Victor Hugo
Cardenas, an Aymara Indian, and La Paz mayor Monica Medina.
The "popular participation" law passed in April will give local
communities more influence in decisionmaking.  Its impact has
been greatest in rural areas, where neighbors formed 1,500
basic territorial organizations and small communities created
47 centralized municipal associations, which have legal status
to receive and spend public funds, largely on local development
projects.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government is sensitive to the views of domestic and
international human rights organizations and discusses their
concerns with them.  Amnesty International, Human Rights Watch/
Americas, and the Washington Office on Latin America follow the
local human rights scene; monitors have visited without
hindrance.  The House of Deputies' Human Rights Commission gets
considerable political and media attention.  The Catholic
Church, the APDHB, foreign NGO's, labor and student
organizations, and the media monitor human rights issues.  As
part of a large counternarcotics operation, the Government
expelled two foreign human rights monitors for immigration law
violations, involvement with pro-coca activities and groups,
and possible links to terrorists.  The Government's accusations
were credible; there was no evidence that they were expelled
because of human rights activities.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based upon race, sex,
language, religion, political or other opinion, origin, or
economic or social condition.  Nonetheless, there is
significant discrimination against women and indigenous people.
     Women
Women generally do not enjoy a social status equal to that of
men.  Many poor women do not know their legal rights;
traditional prejudices and social conditions remain obstacles
to advancement.  Women generally earn less than men for equal
work.  Young girls often leave school to work at home or on the
economy.  A study by the National Statistical Institute (INE)
found that, as of the 1992 census, 27.7 percent of women were
illiterate, compared to 11.8 percent of men.  Although no legal
impediments exist, women hold few professional positions.
Violence against women is pervasive.  An INE study covering the
July 1992-June 1993 period found that 40 percent of all
reported violent attacks in La Paz department were perpetrated
against women.  Ninety-five percent of the attackers were male;
in 71 percent of the cases the attacker was closely related to
the victim.  Of these domestic violence complaints, 52 percent
involved physical mistreatment and 48 percent were related to
psychological abuse.  A total of 11,069 complaints of violence
against women were registered in La Paz during this period.
The Subsecretary for Women's Affairs in the Ministry of Human
Development estimates that 95 percent of all cases of violence
against women go unpunished.  Women's rights advocates point
out that the Penal Code provides that no punishment is
applicable when "injuries are light" and were inflicted by a
close family member (including in-laws) living with the victim.
The Government has developed a four-part plan for the
protection of women.  It implemented the first part on October
24 by promulgating Law 1559 which adopted the Inter-American
Convention for the Prevention, Punishment, and Eradication of
Violence Against Women as Bolivian law.  Subsequent steps
include a law against domestic violence, establishment of
comprehensive legal services offices to help and support women,
revisions to school curriculums, and educating health care
providers about the appropriate manner of dealing with female
patients.
     Children
According to the Subsecretary for Generational Affairs of the
Ministry of Human Development, approximately 40 percent of the
urban population under 18 years of age (about one million
persons) is mistreated; he estimated that the proportion is
higher in rural areas.  Statistics from the Ministry of
Planning's education reform team note that in rural areas, only
0.7 percent of girls and 1.4 percent of boys finish high
school; in urban areas, 26 percent of girls and 31 percent of
boys do so.  The 1994 Educational Reform Act seeks to better
the situation of children; even optimistic observers, however,
note the reforms will need years to make an impact.
The old practice of "criadito" service still persists in some
parts of Bolivia.  Criaditos are indigenous children of both
sexes, usually 10 to 12 years old, whom their parents indenture
to middle- and upper-class families to perform household work
in exchange for education, clothing, room, and board.  There
are no controls over the benefits to or treatment of the
criaditos, who may become virtual slaves for the years of their
indenture.
     Indigenous People
Indians, who comprise a majority of the population, lack the
opportunity to participate in decisions affecting their lands,
culture, traditions, and the allocation of natural resources.
The Government has placed rights for indigenous people on its
reform agenda, which includes educational reform and popular
participation.  The 1994 constitutional reforms acknowledge
Bolivia as a "multiethnic, pluricultural society" and allow the
indigenous nations to assume ownership of traditional lands.
By year's end, however, few if any results were apparent.
Discrimination against and abuses of indigenous people
continued.  The Indian majority generally remains at the low
end of the socioeconomic scale, facing severe disadvantages in
health, life expectancy, education, income, literacy, and
employment.  Lack of education, poor farming and mining
methods, indigenous cultural practices, inability to speak
Spanish, and societal biases keep the indigenous people poor.
Construction workers, mostly indigenous, are often fired before
3 months' service, relieving the employer of the obligation to
provide severance pay and other benefits.  The same employer
then rehires the workers for another short period.
     People with Disabilities
No specific legislation protects the disabled but some limited
steps have been taken:  for example, the new electoral law
makes arrangements for blind voters.  In general, however,
there are no special services nor infrastructure to accommodate
the handicapped.  Social attitudes keep many disabled persons
at home from an early age, limiting their integration into
society.
Section 6  Worker Rights
     a.  The Right of Association
Workers may form and join organizations of their choosing.  The
Labor Code requires prior governmental authorization to
establish a union, permits only one per enterprise, and allows
the Government to dissolve unions, but the Government has not
enforced these provisions in recent years.  While the Code
denies civil servants the right to organize and bans strikes in
public services, including banks and public markets, nearly all
civilian government workers are unionized.  In theory, the
Bolivian Labor Federation (COB) represents virtually the entire
work force; approximately one-half of the workers in the formal
economy belong to labor unions.  Some members of the informal
economy also participate in labor organizations.  Workers in
the private sector frequently exercise the right to strike.
Solidarity strikes are illegal, but the Government does not
prosecute those responsible nor impose penalties.
Significant strikes centered around annual negotiations over
salaries and benefits for public employees.  When the
Government refused to accede to union demands, strikers
marched, set up roadblocks, and cut access to certain areas of
the Chapare region.  Additional talks produced a settlement
favorable to the workers, and the strikes ended.  Unions are
not independent of government and political parties.  Most
parties have labor committees that try to influence union
activity, causing fierce political battles within unions.  The
law allows unions to join international labor organizations.
The COB became an affiliate of the formerly Soviet-dominated
World Federation of Trade Unions (WFTU) in 1988.
     b.  The Right to Organize and Bargain Collectively
Workers may organize and bargain collectively.  In practice,
collective bargaining, defined as voluntary direct negotiations
between unions and employers without participation of the
Government, is limited.  Consultations between government
representatives and labor leaders are common, but there are no
collective bargaining agreements as defined above.  In state
industries, the union issues a list of demands and the
Government concedes some points.  Private employers often use
public sector settlements as guidelines for their own
adjustments, and some private employers exceed what the
Government grants.  The Government, conscious of International
Monetary Fund guidelines, rarely grants wage increases
exceeding inflation.
The law prohibits discrimination against union members and
organizers.  Complaints go to the National Labor Court, which
can take a year or more to rule.  Union leaders say problems
are often moot by the time the court rules.
Labor law and practice in the seven special duty-free zones are
the same as in the rest of Bolivia.
     c.  Prohibition of Forced or Compulsory Labor
The law bars forced or compulsory labor.  There were no cases
reported other than the criadito service described in Section 5.
     d.  Minimum Age for Employment of Children
The law prohibits employment of persons under 18 years of age
in dangerous, unhealthy, or immoral work.  The Labor Code is
ambiguous on conditions of employment for minors aged 14 to 17;
it permits apprenticeship for those 12 to 14.  This practice
has been criticized by the International Labor Organization;
the Government responded that it would present legislation
reforming this and other provisions of the Labor Code.
Responsibility for enforcing child labor provisions resides in
the Labor Ministry, but it generally does not enforce
provisions on employment of children.  Urban children hawk
goods, shine shoes, and assist transport operators.  Rural
children often work with parents from an early age.  Children
are not generally employed in factories or formal businesses
but, when employed, often work the same hours as adults.
     e.  Acceptable Conditions of Work
The law establishes a minimum wage (about $38 per month),
bonuses, and fringe benefits.  The minimum wage does not
provide a worker a decent standard of living, and most workers
earn more.  Although the minimum wage falls below prevailing
wages in most jobs, certain fringe benefits are pegged to it.
The minimum wage does not cover about 20 percent of urban
workers--vendors and shoe polishers, for example--nor does it
cover farmers, some 30 percent of the working population.
Only half the urban labor force enjoys an 8-hour workday and a
workweek of 5 or 5 1/2 days, because the maximum workweek of 44
hours is not enforced.  The Labor Ministry's Bureau of
Occupational Safety has responsibility for protection of
workers' health and safety, but such laws are poorly enforced.
Although the State Mining Corporation has an office charged
with safety, the mines, often old and using antiquated
equipment, are dangerous and unhealthy.
In a tradition dating from the Spanish conquest, employers in
the mining sector promote chewing of coca leaf with a catalyst
that serves to release the leaf's alkaloids, including
cocaine.  Coca is promoted as a substitute for food, water, and
appropriate rest periods.  In many cooperative mines, miners
earn less than $3 per 12-hour day.  They work without helmets,
boots, or respirators in mines where toxic gases abound; they
buy their own supplies, including dynamite, have no scheduled
rest periods, and survive with little water and food.
Employers and others assure them coca leaf satisfies not only
nutritional needs but also suppresses hunger and thirst, makes
them strong, and protects them from toxic gases and silicosis.
Miners stay underground from 24 to 72 hours without
interruption.  With no drinking water available in many mines,
miners drink urine.  The promotion of coca chewing by some
employers, politicians, the COB, and persons having a financial
stake in the manufacture and sale of cocaine, contributes to
conditions of work that fall far below international labor and
human rights standards.
BOSNIA_A1
!s!sTITLE: BOSNIA AND HERZEGOVINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                     BOSNIA AND HERZEGOVINA
The United States formally recognized the Republic of Bosnia
and Herzegovina, one of six constituent republics of the former
Yugoslavia, as a sovereign state in April 1992, following a
free and fair referendum in which 63 percent of its voters
endorsed independence.  President Alija Izetbegovic heads the
multiethnic collective presidency of a parliamentary democratic
government elected in 1990.  Since 1992, approximately 80
countries, including the United States, have recognized the
Republic, which is a member of the United Nations.  Within days
of the Republic declaring its independence, elements of the
JNA, supported by Serbian nationalist militias, launched
attacks throughout northern and eastern Bosnia and Serbian
Democratic Party leader Radovan Karadzic declared the
establishment of the "Republika Srpska" or "Serb Republic."
Seventy percent of the Republic remained under Serbian
occupation throughout 1994.  The estimated number of dead
neared the quarter-million mark, while more than half of the
country's prewar population of 4 1/2 million continued to be
dispersed as refugees or displaced persons.  The Government of
Bosnia and Herzegovina, rebel forces, and representatives of
the international community wielded varying forms of authority
over various areas of the country during the year.
The Federation of Bosnia and Herzegovina was constituted in
March and established in May, transforming the internal
structure of the territories with an ethnic Bosnian and
Croatian majority.  At year's end, the President of the
Federation (Kresimir Zubak) was a Croat and the Vice President
(Ejup Ganic) was a Bosnian Muslim.  Although the parliaments of
the Federation and the Republic differed slightly in their
makeup, the Prime Minister (Haris Silajdzic) and cabinet
ministers governed in the name of both the Republic and the
Federation.
The self-proclaimed "Serbian Republic" of Serbian Democratic
Party (SDS) leader Radovan Karadzic, headquartered in the
Sarajevo suburb of Pale, is the illegitimate occupation
authority of the 70 percent of the country's territory held by
the nationalist Serbs.  Although a "Serbian Republic"
parliament exists, the "government" is run by a small group of
military and civilian "authorities," dedicated to an extreme
nationalist ideology, who control an elaborate police and
security structure and an enormous army inherited from the
former Yugoslavia.
Another self-proclaimed authority, the "Croatian Republic of
Herzeg-Bosna," was the institutional wing of the Croatian
Defense Council (HVO) and Croatian Democratic Union (HDZ), as
well as a rival claimant to territory in Bosnia and Herzegovina
until the Washington Agreement in March, which led to formation
of the Federation.  It continued to exist through much of
western Herzegovina and some of central Bosnia as a provisional
Croatian authority within the Federation, pending formation of
cantons as prescribed by the Federation Constitution.
In August Bosnian army troops retook the territory of yet
another self-proclaimed entity, Fikret Abdic's "Autonomous
Province of Western Bosnia" (APWB), a pro-Serb Muslim enclave
within the larger Muslim enclave of Bihac.
The United Nations Protection Force (UNPROFOR) in Bosnia and
Herzegovina exercised limited authority in specific areas.
These included control of some border points and control of air
space and some overland movement, as well as police powers and
other quasi-governmental functions.
The Bosnian Army (ABH) is the military branch of the Republic.
It is a multiethnic fighting force, including predominantly
Bosnian Muslims, but also Croats, Serbs, and Bosnians of mixed
ethnicity.  It is basically a citizens' militia and suffers
from a lack of equipment and training.  The ABH generally
respected the Geneva Convention and citizens' human rights.
The ABH also has maneuver and commando forces, such as the 7th
Muslim brigade, the "Black Swans," other home-grown special
forces, and some foreign mercenaries of Muslim origin, who
called themselves "mujahidin."  These latter elements of the
ABH were accused of committing atrocities during the course of
the war.  Specifically, in 1994, mujahidin mercenaries, mostly
located in the central Bosnian town of Zenica, were accused of
unlawfully entering Croatian homes, vandalizing Croatian
property, and desecrating Croatian cemetaries.  A Turkish
battalion of UNPROFOR succeeded in stopping these activities.
The HVO was credibly accused of abusing human rights, though
HVO's behavior toward non-Croat populations has improved
somewhat since the signing of the Federation Agreements.  Some
local Croatian paramilitary units retained a considerable
criminal element, especially in areas such as Kiseljak, Vitez,
and Prozor.  The HVO also attracted a larger proportion of
mercenary elements, who were implicated in human rights abuses.
The Bosnian Serb army (BSA) is the military arm of the "Serbian
Republic."  Amalgamated in 1992 from Serbian paramilitary
bands, local rural militias, and elements of the JNA, it
continued its pattern of using terror tactics against Sarajevo
and other civilian areas within sniping or artillery range.
U.N. sources reported that in late summer the BSA cut off
utilities service to Sarajevo upon orders from the Serbian
military, a violation of U.N. Security Council (UNSC)
Resolution 900.  BSA forces regularly shot at, harassed, and
kidnaped UNPROFOR troops, frequently resulting in injury and
occasionally in loss of life, with the goal of disrupting
delivery of humanitarian assistance and coercing UNPROFOR into
cooperating with Serbian objectives.
The Bosnian economy, once dependent upon heavy industry, such
as construction, metallurgy, mining, hydroelectricity, and
forestry, largely came to a halt, both in federal and Serb-
occupied territories.  In July the Government switched to the
German mark as its official currency and in October "officially"
introduced the "Bosnian dinar"; however, the German mark remains
the de facto currency.  Most prewar industries no longer
function, either because of damage from fighting or shortages
of spare parts and supplies.  There is some agricultural
production in contiguous Federation territory, minimizing the
need for humanitarian food assistance there.  Serb-blockaded
Sarajevo, however, remains almost completely dependent upon
humanitarian assistance, as do Bihac and the eastern enclaves.
When the U.N.-protected road to the Sarajevo airport was opened
in June, Sarajevo began to experience a revival of commerce.
But when UNPROFOR shut it down on July 26 at the request of SDS
leader Karadzic, trade all but stopped again.  Serbs were able
to feed themselves in Serb-occupied territory, but lack of
markets and raw materials shut down most industry there as well.
In 1994 Serbian expulsions of mainly Muslims and Croats--what
has become known as "ethnic cleansing"--slowed but did not
cease.  In pursuit of the goal of ethnic cleansing, the Serbs
for more than 2 years have laid siege to cities,
indiscriminately shelled civilian inhabitants, withheld food
deliveries and utilities so as to starve and freeze residents,
executed noncombatants, ran detention camps in which they
executed some prisoners and subjected many inmates to inhumane
treatment, employed rape as a tool of war to terrorize people,
forced large numbers of civilians to flee to other regions,
razed villages to prevent the return of displaced persons, and
interfered with international relief efforts, including attacks
on relief personnel.
The U.N. High Commissioner for Refugees (UNHCR) confirmed
reports of substantial ethnic cleansing in the Bijeljina area
of northeast Bosnia, in Banja Luka in northwest Bosnia, and in
Rogatica, north of the Gorazde enclave.  Non-Serbs were lured
out of their homes by promises of transit out of Serb-held
territory and were then robbed and abandoned en route.  Men
were taken to work camps to dig trenches along the
confrontation lines and were used as human shields.  There were
credible reports that Serbian military and paramilitary groups
conducting ethnic cleansing acted at the behest of the "Serbian
Republic" leadership in implementing its policies.
The work of the U.N. War Crimes Tribunal, established at The
Hague in 1994, is expected to document, assess, and determine
the culpability of alleged perpetrators of war crimes,
including the extent to which Serbian atrocities and genocide
were a matter of low-level loss of control or of high-level
policy.  In late 1994 the Tribunal began legal proceedings
against the first defendant, a Serb now living in Germany,
accused of being an officer and ordering summary excutions at
the Bosnian death camps in 1992.  The European Union's (EU)
Administrator's office continued to report Croatian expulsions
of Muslims from east Mostar and protested to Croatian
authorities.  Croats, on the other hand, complained that Muslim
pressure in Bosnian-held areas, in particular in Bugojno,
forced Croats to leave their homes.
Generally, wartime conditions stalled the democratization
process in Bosnia, initiated in the ill-fated 1990 "free"
elections which brought about the victories of ethnic-based
parties.  The Party of Democratic Action (SDA) of President
Izetbegovic and the HDZ were the dominant parties on Federation
territory.  Opposition parties claimed that the SDA and HDZ
increasingly control the media and scarce jobs and housing.  In
Serb-held territory, the SDS, led by Karadzic, controlled both
the media and political activity, and did not permit dissent.
RESPECT FOR HUMAN RIGHTS*
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Both Government and Federation Constitutions guarantee the
right to life.  There was no credible evidence that government
forces committed political or other extrajudicial killings.
Nor was there credible evidence in support of allegations of
Bosnian atrocities against the population of the APWB during
the overthrow of its leader Fikret Abdic; direct observation
suggested humane treatment of persons and property there.
Similar allegations of Bosnian atrocities committed in the
course of an early October commando raid outside of Sarajevo
also proved unfounded.
Military and paramilitary forces of the "Serbian Republic"
continued to terrorize Bosnian civilians through shelling,
sniping, and other military action (see Section 1.g.).  While
accurate statistics are difficult to obtain because Serbian
authorities do not cooperate with international human rights
groups, significant numbers of non-Serbs were killed in
Serb-run detention camps (see Section 1.c.).  Opposition to SDS
views also resulted in death.  Risto Djogo, a popular satirist,
was found mysteriously drowned in a lake near Zvornik on the
Serbian border, after a dinner with the notorious paramilitary
leader "Arkan."  While the official account claimed his death
was accidental, due in part to drunkenness, many Bosnians
strongly suspected that he was assassinated because he had run
afoul of Serbian President Milosevic.
     b.  Disappearance
Since the beginning of the war, 3,800 Bosnians have been
registered with the Bosnian Red Cross as missing.  The Red
Cross suspects the real number of missing could be more than
twice as high, given the inability of many Bosnian citizens to
come to the Red Cross to register those missing.  In addition,
* NOTE:  Although the United States and other friendly
governments actively are involved in helping establish
Federation governmental structures, all references to the
"government" in the report apply to the Government of the
Republic, not the Federation.
since some families were completely wiped out, many missing
citizens may simply have no one left to inquire about them.
The Red Cross believes these missing persons fall into
different categories:  Some have escaped but have failed to
contact relatives, some have been killed, and some remain in
work camps that the International Committee of the Red Cross
(ICRC) has not been able to visit.  The Bosnian Red Cross has
registered 83 cases of persons who disappeared and who were
last seen in 1994.  Although during the year the Bosnian Red
Cross registered a total of 928 missing persons, the majority
of those disappeared in prior years; their relatives had been
unable to register them until 1994.  The majority of those who
disappeared in 1994 came from Gorazde, Bijeljina, and the
vicinity of Sarajevo.
There was no resolution of the longstanding case involving the
disappearance of approximately 180 men from Hadzici in June
1992.  Pending information on the whereabouts of these men, the
Bosnian Government continued to detain for a second year
approximately 150 Bosnian Serbs in a grain silo in the nearby
town of Tarcin.  Five Bosnian Muslim community leaders in Banja
Luka were reported to have been arrested in late August by
local Serb "authorities."  There was no further word on their
welfare or location.  Local Bosnian officials in Bugojno have
yet to provide satisfactory information on the whereabouts of
26 prominent Croats who disappeared when the ABH took the town
in late 1993.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment.
The Constitutions of both the Government and the Federation
provide for the right to freedom from torture and cruel or
inhuman treatment or punishment, and there are no credible
allegations that the legitimate Government or its authorities
engaged in such practices in 1994.
In 1994 in Siroki Brijeg, HDZ militia severely beat a Croat who
was trying to establish an arm of the rightwing Croatian Party
of Rights.
Non-Serbs in Serb-held territory credibly reported they were
routinely beaten by the authorities.  For example, a retiree
from Prnjavor reported that military police entered his home,
beat him, then took him to the police station and continued to
beat him for several hours, breaking his ribs and teeth and
leaving him with a cracked skull.  In another case, a man
evicted from his home in Banja Luka was later arrested and
beaten at the local military police headquarters by the same
men who had evicted him.  Another case of serious abuse
involved the participation of medical professionals.  A Muslim
woman in Bijeljina was mistreated by hospital personnel while
giving birth to her first child.  She suffered terrible pain
for 3 months after delivery.  After fleeing to Tuzla where she
sought medical help, doctors discovered that her vagina had
been stitched with wire and the surgical needle and wire left
in her vagina.  According to the woman, the medical personnel
of the hospital in Bijeljina had threatened her that she would
suffer after her childbirth.  Three operations were required to
remove the wire and needle.  Doctors in Tuzla stated that the
use of these methods was unheard of in such medical
procedures.
In government prisons, access to prisoners being held for
criminal offenses is adequate, according to human rights
lawyers.  Prisoners of war (POW's) are kept in the same jail
facilities as common criminals, as well as in military prisons,
contrary to the Geneva Convention.
Both Bosnian and "Serbian Republic" authorities allow the ICRC
access only to "conflict-related prisoners."  This term is not
to be confused with that of prisoner of war as defined by the
Vienna Convention.  In particular in Serb-held territory, "Serb
Republic authorities" routinely detain non-Serb civilians for
use in exchanges for Serb POW's.  This practice constitutes
another form of "ethnic cleansing."  Approximately 500
acknowledged "conflict-related prisoners" on both sides are
being detained in jails, prisons, and some 15 to 20 camps on
the Serbian side and 10 camps on Federation territory.  Both
Bosnians and Serbs deny the ICRC access to prisoners accused of
common crimes.
The best known Bosnian-run detention facility is the grain silo
in Tarcin (see Section 1.b.).  Relief workers who have visited
the grain silo state that, although it is an unacceptable
detention facility, those held there are fed, clothed, and in
reasonably good health.  The detainees are forced to labor in
the local agricultural fields.  According to credible sources,
in addition to Tarcin, the Bosnian Government also allegedly
runs 9 or 10 other detention facilities for Serbian
conflict-related prisoners.
According to recently exchanged Bosnian prisoners of war, the
BSA allegedly regularly engages in torture, including use of
electric shocks.  During its November offensive against Bihac,
the BSA humiliated Bosnian prisoners in front of television
cameras, ridiculing them and forcing them to chant pro-Serb
slogans.
The Karadzic Serbs continue to hold non-Serb military personnel
and civilians in from 15 to 20 detention camps.  According to
government sources, the ICRC has access to some but not all of
these camps, as Serbs also differentiate between "conflict-
related" and other prisoners and deny access to the latter.
According to a reliable source, the forced labor camp
"Rasadnik" outside of Rogatica continued to function through
April 1994.  The Serbs denied access to the camp, claiming that
it was not related to the conflict.  The camp has held up to 50
prisoners who worked as prison labor in the stockyards.  There
reportedly were approximately a dozen murders at this camp at
the hands of camp officials; one was confirmed in 1994--a
prisoner from Gorazde was reportedly beaten to death in front
of his fellow prisoners following the Serbian assault on
Gorazde in May.  A reliable source reported that in 1994
"Rasadnik" officials raped five women from this camp, also
following the Gorazde assault--two of whom were teenage girls
from Gorazde, two were young women, and one a woman in her
fifties.  Most of the prisoners from this camp were transferred
to Kula Prison outside of Sarajevo in the spring, and some were
freed in the October prisoner exchange.
The Kula Prison houses the Serbian poet, Vladimir Srebro.  In
1992, shortly after the invasion began, Srebro walked from
Sarajevo to Ilidza to protest the actions of the Karadzic
Serbs.  He was quickly arrested and sentenced to 10 years in
jail for being an "enemy of the Serbian nation."  Released Kula
Prison inmates report Srebro is regularly tortured and his
health has seriously deteriorated.  However, he refuses to sign
a document swearing his allegiance to the "Serbian Republic."
     d.  Arbitrary Arrest, Detention, or Exile.
In September the Bosnian police in Hrasnica detained 100 Serbs
boarding a bus for an "organized trip" to Serb-controlled
Ilidza.  The Bosnians accused the Serbs of trying to avoid
military service and civil defense duties and of attempting to
"depart illegally" from Bosnia and Herzegovina.  Women,
children, and the elderly were released fairly quickly, but men
of military age are allegedly still detained in jails in
Hrasnica and Sarajevo.  Bosnian authorities deny the existence
of a jail in Hrasnica and have not allowed access to the
prisoners held in Sarajevo, saying they are imprisoned for
"civil offenses."  However, some Bosnian officials admit these
men are being kept for future POW exchanges.
In parts of the Bosnian Federation where curfews were in force
(such as Sarajevo), violators were subject to arrest and
detention overnight.  They typically had access to a telephone
but were not released until the next morning, at the end of the
curfew period.
Both sides typically held POW's for exchange.  Several hundred
were traded by each side during the course of the year, the
largest exchange taking place on October 5 when 295 Serbs were
released in exchange for 166 Bosnians.  As is the case with the
majority of these exchanges, Bosnian civilians from ethnically
cleansed areas of Serb-held territory were exchanged for
Serbian POW's.
The Kula Prison outside of Sarajevo has approximately 60
prisoners, mostly from ethnically cleansed areas of eastern
Bosnia and Herzegovina, such as Rogatica.  These civilians were
kept in the Kula Prison pending U.N.-brokered POW exchanges.
Bosnians argue that UNPROFOR is assisting with ethnic cleansing
because it accepts the "exchange" of ethnically cleansed
Bosnian civilians for Serbian POW's.  A Western relief worker
based in Serb-held Bosnia noted that one of the main goals of
ethnic cleansing in 1994 was to have a readymade pool of
non-Serbs to exchange for Serbian POW's.  Serbs running the
Kula Prison told relief workers that the civilians held there
are not being detained but rather are kept in the facility
pending release to the Bosnian Government, because "there is no
hotel in this area."
Over 10,000 Bosnians in 1994 were victims of ethnic cleansing,
including over 6,000 in the Bijeljina region from July through
October (many at the hands of paramilitary "colonel" Vojkan
Djurkovic), hundreds more from Prijedor and Banja Luka in the
spring and summer, and more than 100 people from Rogatica in
early October, 2 weeks after U.N. Special Representative Akashi
had protested directly to "Serbian Republic" leader Karadzic.
Statistics as of late September reveal the extent of the
planned removal of non-Serbs from Serb-held territory.  An
estimated 80,000 non-Serbs remained in Serb-held northeastern
Bosnia, compared to 837,000 living there before the war; only
10,000 non-Serbs remained out of a prewar 300,000 in eastern
Bosnia; and just 17,000 non-Serbs remained in the area of Banja
Luka and Prijedor, where there were 537,000 in 1992.
In the course of these expulsions, Serbian agents typically
coerced property owners into handing over property titles,
robbed them of their money and belongings, demanded "fees" to
pay for their transport into exile, and seized military-age men
for detention in "work camps," such as one in Lopare where over
200 were held for forced labor.  The ICRC has been consistently
denied access to the Lopare camp.
     e.  Denial of Fair Public Trial.
The Republic's Constitution establishes a regular judicial
hierarchy based on municipal courts, which have original
jurisdiction in most civil and criminal cases, and cantonal
courts, which have appellate jurisdiction over the canton's
municipalities, as well as three federal courts
(Constitutional, Supreme, and human rights).  The Constitution
provides for open and public trials.  Judges are appointed for
terms which end upon their reaching age 70, and administration
of the judicial branch is managed internally.  The judiciary's
independence extends to the investigative division of the
criminal justice system, as the Constitution also establishes a
judicial police force that reports directly to the courts.
These principles appeared to be practiced in areas under
Bosnian Government control.
The legal system is designed to guard against discrimination
against ethnic minorities by ensuring adequate diversity of
representation on the bench, although there have been
allegations that the ruling SDA and HDZ parties are "stacking
the courts."  The court system for the most part uses the same
criminal code used by the former Socialist Republic of Bosnia
and Herzegovina.  The Constitution provides for the right to
fair criminal proceedings.  There is a functioning appealate
system and the accused has the right to legal counsel.
According to international relief workers based in Pale, the
Bosnian Serbs, for the most part, use the same criminal code as
that of the Republic for trials of common criminals.  It is
unlikely, however, that there are any non-Serb judges serving
on Serb-held territory, reducing the possibility of a fair
trial for non-Serb defendants.  In late October, Bosnian Serb
television reported the establishment of "drumhead courts," in
which local military or police commanders had the right to
arrest and punish civilians and military personnel guilty of
"spreading disinformation about the 'Serbian Republic.'"  These
commanders were authorized to kill offenders on the spot or
sentence them to forced labor on the front lines, without
benefit of a trial.  This measure was directed primarily at
soldiers who refused to fight or males who refused to be
mobilized.  According to a reliable observer, deserters were
shot after drumhead court procedures even before the policy was
announced.  An eyewitness reported that in July a soldier was
shot in front of his unit for "failure to fight."
The Bosnian Government does not hold any political prisoners.
The Serbian authorities hold poet Vladimir Srebro (see Section
1.c.) as well as a journalist charged with terrorism in October
in the "Tajfun affair," an alleged conspiracy against the
Karadzic regime.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence.
The Republic's Constitution provides for the right to privacy,
protection of the family and of children, and property.
Governmental respect for these rights was the rule rather than
the exception in 1994.  Bosnian authorities attempted to
monitor communications that impinged on military or other
national security concerns.
Local Serbian authorities in Serb-occupied territories in
Sarajevo, such as Grbavica, instituted a policy of summarily
confiscating the property of mixed-marriage couples with sons
who had either fled abroad or to Federation territory.
According to a credible observer, Serbian authorities in
Grbavica threatened to confiscate the property of a mixed
Serb-Muslim family whose son fled from Grbavica to
Bosnian-controlled Sarajevo and who was dating a loyalist Serb,
if the son did not return to fight for a "Greater Serbia."
There are five other mixed families living in the same building
with sons who have fled, who also were threatened with having
their property confiscated unless their sons acceded to the
draft.
The persistence of the Serbian policy of ethnic cleansing
constituted sustained arbitrary interference with family and
home.  Serbs continued to enter Bosnian and Croatian homes in
Serb-held territory without search warrants.  In the towns of
Banja Luka, Bijeljina, and Rogatica, the pattern of ethnic
cleansing usually began with unauthorized entry into non-Serb
homes by the BSA, Serbian police, or other paramilitary forces
who demanded weapons and threatened residents with violence if
they did not leave.  In the village of Janja, in the Bijeljina
township, Serbs regularly placed Serbian refugee families in
Muslim homes, forcing the owners to live in one room.  In
general, in Serb-occupied Bosnia, police powers were intrusive
and only minimally restricted by law or custom.  Letters
carried through Serbian lines were regularly opened.
In addition to forcible eviction, extortion, and robbery,
Bosnian Serb authorities routinely harassed and terrorized
non-Serbs in Serb-held territories by breaking into homes with
dynamite and threatening to blow up the occupants; by
destroying graveyards so that deceased family members had to be
buried in family gardens; and by destroying farm animals and
crops to starve out the population.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Bosnian government forces are under orders to honor the Geneva
Convention and subject to discipline if they violate it.
Allegations of official abuse have not been substantiated with
credible documentation.  For example, although the ABH's
success in subduing the rebel Muslim insurgency in Bihac led by
Fikret Abdic resulted in the flow of almost 20,000 persons into
Serb-held Croatian Krajina in August, there was no credible
evidence of human rights abuses committed by the Bosnians.
Although Serbian officials in Pale also claim to honor the
Geneva Convention, international observers agree that the
Serbian forces continue to violate the terms of the Convention
on a massive scale.
The BSA continues to target noncombatant and populated areas in
order to maintain a constant atmosphere of terror and
vulnerability.  Standards of wartime behavior are dictated by
the Geneva Convention, but UNPROFOR must nevertheless negotiate
with Serbian forces to seek their adherence to these
standards.  Frequently, these negotiations involve issues, such
as sniping at civilians, that are explicitly cited as
unacceptable in UNSC resolutions.  The Serbs routinely violate
even these agreements.  Some acts routinely committed by the
Serbs, (e.g., sniping at civilians) not only constitute
ordinary crimes (for example, murder when the sniping results
in death) but also violations of the Geneva Conventions, with
the result that those who order the act can be prosecuted,
along with those committing the act, before national courts as
well as the War Crimes Tribunal.
BOSNIA_A2
QTITLE: BOSNIA AND HERZEGOVINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
From January through October, Serbian snipers killed over 50
Sarajevo civilians and wounded more than 300.  Even though an
antisniping agreement was signed in August, there were eight
fatalities in September, and the sniping continues unabated.
There were more persons wounded in September (60) than there
were in January (47), before the North Atlantic Treaty
Organization's (NATO) ultimatum.  UNPROFOR figures on this
subject may be somewhat different because, as of the September
antisniping agreement, UNPROFOR began classifying injuries from
sniper fire as "injuries caused by random exchange of fire."
Thus, under UNPROFOR categories, only killings are classified
as sniper fire.
Throughout 1994, the BSA continued to pound Bosnian populations
centers with mortars and automatic weapons fire, causing the
death of hundreds of civilians from January through October.
The population centers most affected were Sarajevo, Gorazde,
Mostar, Olovo, Tuzla, Visoko, Vares, and Breza.  During the May
offensive against Gorazde, Serbian shelling killed between 500
and 600 Bosnian civilians.  In Sarajevo, prior to the NATO
ultimatum, the most deadly results from a single projectile
came in a downtown Sarajevo marketplace in February when one
shell killed 68 people.  Also prior to the ultimatum, on
January 22, Serbs fired three shells into a residential
neighborhood, killing five children.
In addition to firing directly on civilians, during the year
the BSA fired directly on humanitarian aid convoys and on
UNPROFOR troops escorting them.  It choked off assistance at
various times to the eastern enclaves, Sarajevo, and (through
its Krajina Serb allies) Bihac.  In an early November order on
mobilization, issued in response to ABH successes near Bihac,
the "Serbian Republic" leadership ordered secondary schools
closed, students to report to their units, and emigres to
return to fight under penalty of being branded as deserters.
UNSC Resolution 900 specifically provides for the uninterrupted
supply of utilities to Sarajevo.  In defiance of this
resolution, Bosnian Serb authorities continued to manipulate
the supply of basic utilities as part of their strategy of
pressuring and demoralizing the population of Sarajevo.
UNPROFOR-sponsored talks were held to resolve the utilities
problem, but the Bosnian Government claims that utilities were
restored only after the Bosnians found ways to cut off
utilities to Serb-occupied territory.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
but 3 years of wartime conditions have thwarted the development
of truly independent media in Federation territory.  As a
result, the Government only partially respects this right in
the majority of Federation territory, and the authorities in
the HDZ-controlled "Herceg-Bosna" do not respect this right at
Although there are some independent media in Federation
territory, in general the ruling SDA and HDZ political parties
exert considerable influence over the media.  Many private
radio stations broadcast from Federation territory; a smaller
number of private television stations serve local markets in
Zenica and Tuzla.  These independent media have complained of
strong-armed Bosnian government tactics.  When the ruling SDA
party came under strong criticism for alleged corruption by the
Sarajevo paper Bosna, former employees for the paper claim it
subsequently was harassed out of existence, closing its doors
in October.  In the northeastern city of Tuzla, for example,
the local television station "FS3" lost its building and some
equipment when the district government moved Tuzla Radio and
Television operations to its premises.
Bosnian government-controlled television dominates the
airwaves.  It came under strong criticism in 1994 for alleged
censorship of programming that did not hew to the SDA line,
such as a series of broadcasts by the satirical troupe
"Nadrealisti" ("Surrealists"), which Bosnian television had
itself produced.  The development of independent media also was
constrained by the wartime lack of start-up capital, paper, and
supplies.  Western television stations such as Cable News
Network (CNN) and Sky News are available to those in Federation
territory who can afford such service.  In HDZ-controlled
"Herceg-Bosna," the media are part of the HDZ structure but not
as strictly censored as in the "Serbian Republic."  Croatia
supplies transmissions of Radio Split to the inhabitants of
"Herceg-Bosna."
Foreign journalists in Sarajevo and elsewhere on federation
territory say they operated without censorship or government
interference of any kind, whereas media in the "Serbian
Republic" are a propaganda tool of the ruling SDS party.  The
SDS strictly censors the media in Serb-controlled territory;
laissez-passers for foreign journalists are issued by
Karadzic's daughter.  The party's media voice, the Serbian
Republic News Agency, Tanjug (the news agency of the Milosevic
regime in Serbia), and other Serbian sources formed the basis
for near total domination of both print and electronic
information media.  All foreign media are banned in the
"Serbian Republic."  The public in Serbian territory only has
access to two choices:  Serbian media from Pale or Serbian
media from Belgrade.
In Bosnia and Herzegovina, academic freedom was constrained
more by lack of resources and access (to information, other
academic communities, etc.) than by government policies.  In
Serb-controlled areas, general lack of tolerance for dissent
led to total control of the educational media.  Curriculums in
Serb-controlled areas have been revamped to teach solely Serb
history, art, literature, etcetera.  There has been no evidence
of an intellectual exchange of ideas in the media or other
academic fora in Serb-held territory since the 1992 invasion.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of association, and the
Government generally respected this right in practice.
Although large gatherings of people were generally discouraged
in Sarajevo for security reasons, demonstrations took place,
for example, to protest the offensive against Gorazde in April.
While political membership is not forced, membership in the
ruling SDA and HDZ parties in Federation territory is viewed as
the main way to obtain scarce housing and jobs.  In
"Herceg-Bosna," the HDZ, through threat and coercion, has
prevented other Croatian parties from forming.
In the "Serbian Republic," the SDS's control over security and
police impose severe limitations on the right to assemble and
associate.  In September, however, the authorities took no
action against demonstrations by small groups in the Serb-
controlled Sarajevo suburb of Ilidza, protesting the closure of
the blue route (the UN-protected road over Mount Igman leading
into and out of Sarajevo which was closed by the UN in July
after Karadzic threatened to use force to close it).  While
political membership is not forced, membership in the SDS is
viewed as the means to obtain access to both jobs and housing.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, including
private and public worship.  However, within the Federation the
authorities did not respect these rights in consistent
fashion.  In general during 1994, conditions for religious
observance were significantly better for non-Muslims in those
parts of the Federation where Muslims dominated than they were
for non-Catholics in areas where Croats dominated.
In Tuzla, for example, which is governed by a nonnationalist
city administration with a Muslim majority, the authorities
repaired a Serbian Orthodox church damaged by Serbian shelling
The dominant political parties are both based on ethnic or
religious identification:  SDA-Muslim and HDZ-Croat.  Members
of these parties used religion or ethnicity as ideological
litmus tests and means of intraparty competition.  The results,
reinforced by Communist-era experience, sometimes emerged in
the form of radical positions embraced by some political or
religious figures.  For example, a trend towards Islamization
of Bosnia was widely reported in international media during the
latter half of 1994.  Among the examples cited to illustrate
this trend were statements made by the Reis-ul-Ulema, the head
of Bosnia's Muslim community, criticizing mixed marriages and
consumption of pork and alcoholic beverages.  Culture and
Education Minister Enes Karic was also cited for heavyhandedly
promoting Muslim religious studies in elementary schools,
calling for a ban against Serbian music played over Sarajevo
radio stations, and trying to exercise political control over
the content of educational and cultural activities.  In almost
all cases, however, public outcry (especially among Muslim
Bosnians) forced politicians to back down from such
positions.
The "Serbian Republic" continued systematically to eradicate
the remaining traces of the centuries-old Muslim and Catholic
presence, demolishing mosques, churches, cultural and religious
monuments, and graveyards.  In spite of the Serb "authorities"
use of religion as an identifier for "ethnic cleansing," those
remaining non-Serbs in Serb-held territory reportedly are
allowed to attend services, if they can find a place in which
to worship.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement.  In
practice, however, the ongoing hostilities effectively
restricted the full exercise of this right.  The demands of
mobilization and the dangers of crossing checkpoints and
confrontation lines often made movement difficult.  Moreover,
as a matter of policy, the Government sought to avoid letting
all would-be refugees flee to avoid both depopulating the
country and creating massive resettlement problems throughout
Europe.
The Federation has not yet fully addressed the issue of the
right of refugees and displaced persons to freely return to
their homes of origin and to have returned to them any property
of which they were deprived in the course of ethnic cleansing,
as provided for in the Constitution.  According to Bosnian Red
Cross statistics, there are currently a quarter of a million
displaced persons in Federation territory.  Frequently they are
prevented from returning to their homes because of harsh
recriminations leveled by different communities.  For example,
in mid-October Bosnian Croat leaders denounced alleged ethnic
cleansing by Muslim Bosnians in cities such as Vares, Bugojno,
Zenica, and Sarajevo.  Bosnians in Bugojno denied this was
true, and claimed that their city contained many Bosnians
driven out of Croat-controlled Prozor, Stolac, and Capljina who
had personally witnessed the brutality of ethnic cleansing by
Croats.
The proposed law on refugees and displaced persons being
considered by the Federal Parliament provides for the return
home of all Federation citizens.  Bosnian Red Cross officials
oppose massive population resettlements and view relocation as
contributing to Karadzic's policy of ethnic cleansing.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens of the Bosnian Federation have the right to change
their government peacefully, both through direct elections and
by amending the constitution.  However, they have not had the
ability to do so since the elections of December 1990.
According to the Constitution, elections to the federal
legislature ought to have been held 6 months after the
Constitution's entry into force, that is, by September 30.
These elections were delayed pending the formation of the
federal cantons which were in turn delayed by disagreements
between Croats and Bosnians on formation of the cantons'
constituent municipalities.
The delay in establishing the Federation's internal structure
was compounded by the nature of the Federation as a state of
Bosnians, Croats, and "others."  Under the Constitution, power
would be shared primarily between Bosnians and Croats.  It
became clear during 1994 that, in practice, "Bosnians" actually
meant the dominant Muslim political party SDA, and "Croats"
meant the dominant Croat party HDZ.  Among the quasi-
disfranchised "others" were non-SDA Muslims and non-HDZ Croats,
along with Serbs who had been loyal to the multiethnic
republic, Bosnians of mixed ethnicity (estimated to make up 30
percent of the prewar Bosnian population), Jews, Roma, Vlachs,
and the rest of Bosnia's varied ethnic mix.
Women are underrepresented in government and politics, although
a few women occupy prominent positions.  For example, a Serbian
woman belongs to the Republic's collective presidency, and a
Muslim woman heads Bosnian radio and television.
Although people on territory controlled by the "Serbian
Republic" have a theoretical right to change their government
and actually participated in "referendums," including one in
August on the Contact Group proposal (with a 90 percent-plus
vote against), SDS control of the media and security apparatus
effectively precludes true citizen participation without
intimidation.  In the "Serbian Republic," women such as
Karadzic's daughter, his wife (head of the "Serbian Republic"
Red Cross), and one of his vice presidents occupy important
posts.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
In late 1994, officials of the U.N. War Crimes Tribunal said
that the Bosnian Government was cooperating fully with their
investigations and inquiries, even in cases of accusations of
war crimes by Bosnian forces.  Other human rights monitors also
worked effectively with the Bosnian Government.
The U.N. Special Rapporteur and his staff, however, remain
barred from Banja Luka following publication of their report in
1993 which condemned the ethnic cleansing that occurred there.
The staff of the War Crimes Tribunal also traveled to Pale in
"Serbian Republic"-held territory and described its visit as
"satisfactory."  However, most human rights monitors observed
that Bosnian Serb authorities effectively impeded the War
Crimes Tribunal's work by blocking its passage to Serb-held
areas.
In early November, the Government accused the UNPROFOR of
blocking the transport of witnesses to testify at a war crimes
trial in Denmark.  This accusation appeared to be without
substance; UNPROFOR did much to support the War Crimes Tribunal
staff during its visits to Bosnia.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for freedom from discrimination based
on race, color, sex, language, religion or creed, political or
other opinions, and national or social origin.  However, the
state of war and the ethnic and religious basis of that war
created an environment in which many forms of discrimination
were practiced.
     Women
Women hold some of the most responsible positions in society,
including judges, doctors, and professors.  However, they
continued to be subjected to rape and other forms of physical
abuse.  Officials at the "Rasadnik" forced labor camp in the
"Serbian Republic" raped five women from the camp early in the
year (see Section 1.c.).
     Children
There is no discrimination against children as such, but they
suffered long-term harm from war-related shortages of food and
clothing, the closing of schools, psychological trauma, and
constricted environments for living and playing.  Serbian
snipers are suspected of targeting children; the inordinate
number of children killed by snipers apparently substantiate
this suspicion.  In the final months of the year, Serb snipers
shot and killed a 12 year old girl in the middle of town, a
young boy riding his bicycle in front of the Holiday Inn and
another young boy in the Dobrinja area near the airport.
     National/Racial/Ethnic Minorities
Ethnic differences are at the heart of the war in Bosnia and
Herzegovina and have been manipulated by both the SDS party and
the HDZ to sustain concepts of a "greater Serbia" and a
"greater Croatia."  The human rights violations addressed
throughout this report--ethnic cleansing, rape, forced labor,
forced relocation, extrajudicial killing--were largely
perpetrated with the goal of establishing the superiority and
political domination of a particular ethnic group.  No group
was more victimized than Bosnia's Muslims.
     People with Disabilities
It is not known whether there are laws providing for protection
of the handicapped.  In 1994 the number of disabled veterans
and civilians disabled by war injuries continued to increase.
The Government had limited resources to address the special
needs of the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of workers to form and
join labor unions.  The largest union is the Confederation of
Independent Trade Unions of Bosnia and Herzegovina, the heir of
the old Yugoslav Communist Trade Union Confederation.  Unions
have the right to strike, but in practice mobilization and
other emergency wartime measures generally restricted the
exercise of this right.  Moreover, the economic devastation and
joblessness caused by the war throughout much of the Federation
allowed trade unions little opportunity to organize and carry
out their normal role.
     b.  The Right to Organize and Bargain Collectively
The law provides for this right, but the practice of collective
bargaining in labor-management negotiations was not
significantly used in 1994.
     c.  Prohibition of Forced or Compulsory Labor
Most Bosnians of productive age in the Federation were
mobilized to serve either in the military or in supporting
capacities in connection with the war.  Government authorities
in practice tolerated a significant amount of independent
freedom of choice in the selection of work to fulfill the
obligations imposed by the mobilization decree.
Reliable sources reported that detainees at the government-run
detention facility in Tarcin did agricultural forced labor in
the fields nearby (see Section 1.c.).
According to a reliable service, the forced labor camp
"Rasadnik" operated by "Serbian Republic" authorities outside
of Rogatica continued to function through April 1994.  Serbs
have denied access to the camp, saying it is "not related to
the conflict."  The camp has held up to 50 prisoners who worked
as prison labor in the stockyards there (see Section 1.c.).
"Serbian Republic" agents seized military-age men for detention
in "work camps," such as one in Lopare where over 200 were held
for forced labor, without access to international observers.
As of October, according to Bosnian Serb television reports,
local military and police commanders have the right to punish
those guilty of spreading disinformation about the "Serbian
Republic" by sentencing then to forced labor on the front lines
(see Section 1.e.).
Non-Serb men and women in the Banja Luka and Bijeljina regions
were routinely forced to labor, digging trenches, tilling
fields, cleaning streets, etc.  They received no compensation
for this work.  A few farmers were able to avoid forced labor
by giving their entire harvest to the authorities.  Reports of
the forced labor of non-Serb women began to appear in September.
     d.  Minimum Age for Employment of Children
The minimum age for employment of children remained 16.  Bosnia
had no effective social services agency to enforce the limit in
1994.  Children sometimes assisted their families with farm
work and odd jobs.
     e.  Acceptable Conditions of Work
In principle, minimum wages were guaranteed, but with the
economy in collapse workers had no assurance they would be paid
for work performed.  The basic wage paid to government
employees in Sarajevo, for example, was $0.66 (DM 1.00) per
month, with supplemental allowances of flour and other
humanitarian assistance.
The prewar 42-hour workweek, with a 24-hour rest period, was
formally still in effect, but for many workers no limits on
working hours appeared to apply.
Occupational safety and health regulations were generally
sacrificed because of the demands and constraints imposed by
the war.
BOTSWANA1
?h?hTITLE:  BOTSWANA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BOTSWANA
Botswana is a multiparty, parliamentary democracy.  The
President exercises executive authority; Sir Ketumile Masire,
was reelected for a third 5-year term in October.  The ruling
Botswana Democratic Party (BDP) continued to dominate the
National Assembly, holding 31 of 44 seats.  The opposition
Botswana National Front (BNF) has the remaining 13 seats.
The civilian Government exercises effective control over the
security forces.  The military, the Botswana Defense Force
(BDF), and the Botswana National Police (BNP) are responsible
for external and internal security.
The economy is market oriented with strong encouragement for
private enterprise.  Steady diamond revenues and efficient
economic and fiscal policies resulted in steady growth,
although the rate slowed somewhat compared to the previous
year.  Per capita gross domestic product was approximately
$3,100 in 1994.  Over 50 percent of the population is employed
in the informal sector, largely subsistence farming and animal
husbandry.  Rural poverty remains a serious problem.
Respect for citizens' human rights is enshrined in the
Constitution, and the Government has widely observed these
rights.  Despite a number of problem areas, Botswana's overall
human rights record has been consistently positive since
independence in 1966.  However, there were credible reports
that police sometimes mistreated suspects, especially during
interrogation.  The continued arbitrary detention of suspected
economic migrants alongside convicted felons remained a serious
problem in 1994.  Women continue to face significant legal and
societal discrimination, and violence against women is a
growing problem.  Groups not numbered among the eight
"principal tribes" identified in the Constitution still do not
enjoy full access to social services and are marginalized in
the political process.  In many instances the judicial system
did not provide timely fair trials due to a serious backlog of
cases.  Trade unions continued to face some legal restrictions,
and the Government did not always ensure that labor laws were
observed in practice.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution explicitly forbids torture, inhuman, and
degrading treatment or punishment.  The authorities generally
respect this prohibition in practice, and in some cases have
taken disciplinary or judicial action against persons
responsible for abuses.  However, instances of abuse do occur.
While coerced confessions are inadmissible in court, evidence
gathered through coercion or abuse may be used in prosecution.
There were credible reports that police sometimes used
intimidation techniques in order to obtain evidence.  In the
past, police sometimes suffocated criminal suspects with a
plastic bag, but police beatings and other forms of extreme
physical abuse are rare.  A victim of police brutality filed
and won a civil suit against the BNP in 1994; criminal charges
are still pending.
The Department of Wildlife and National Parks (DWNP) has law
enforcement authority within the confines of the 40 percent of
the country that is devoted to conservation.  There were
credible but unconfirmed reports that DWNP wardens sometimes
tortured suspected poachers in remote areas.  There was
insufficient evidence for the DWNP or the courts to assemble
cases against the alleged perpetrators.  The DWNP and the rest
of the Government condemn such practices, but the allegations
continued in 1994.
Prison conditions are generally acceptable, although
overcrowding has increased in the last decade.  The Government
makes efforts to protect women in custody from rape and other
abuse.  Police placed arrested women in the charge of female
officers to reduce the potential for mistreatment, and they
keep female suspects and convicted felons in separate
facilities from men.  Sexual assault against women is not a
problem in the prison system.
The Government does not forcibly repatriate or deport failed
asylum seekers, but does not always permit them to remain
free.  In the absence of a dedicated facility for failed asylum
seekers, the authorities have resorted in some instances to
incarcerating them alongside convicted felons.  While
recognizing this as a problem, the Government is reluctant to
build a separate facility both for budgetary reasons and out of
concern that such a facility would attract asylum seekers.
The Government permits independent monitoring of its prisons,
including by church, nongovernmental organizations (NGO's), and
international groups.
     d.  Arbitrary Arrest, Detention, or Exile
Under the Constitution, "every person in Botswana" enjoys
freedom from arbitrary arrest as well as due process and the
presumption of innocence.  However, the Government has not
extended those rights to those who enter the country
illegally.  Upon arrest, a suspect must be informed of his or
her legal rights, including the right to remain silent, to be
allowed to contact a person of choice, and generally to be
charged before a magistrate within 48 hours.  A magistrate may
detain a suspect for 14 days through a writ of detention, which
may be renewed every 14 days.  Most citizens charged with
noncapital offenses are released on their own recognizance;
some are released with minimal bail.  Detention without bail is
highly unusual, except in murder cases, where it is mandated.
Detainees have the right to hire attorneys of their choice.
Poor police training and poor communications in rural villages,
however, make it difficult for many detainees to obtain legal
assistance, and authorities do not always strictly follow
procedures.  The Government does not provide counsel for the
indigent, and there is no public defender service.  Two
NGO's--the University of Botswana Legal Assistance Center and
the Botswana Center for Human Rights--provide pro bono legal
services, but their capacity is limited.  Constitutional
protections do not apply to illegal immigrants, although the
constitutionality of denying due process to illegal immigrants
has not been tested in court.
While the Government does not use exile for political purposes,
it has expelled foreigners on political grounds, declaring
foreigners who criticize government policy prohibited
immigrants--a ruling from the office of the President for which
there is no appeal process.
     e.  Denial of Fair Public Trial
Botswana has two court systems, the civil courts and the
customary (traditional) courts.  While the Constitution
provides for due process, the civil courts, which include
magistrates' courts and the Court of Appeal, are not able to
provide for timely fair trial in many cases.  In 1994 these
courts continued to face acute resource shortages and a lack of
trained personnel, leading to enormous backlogs, over a year in
many capital cases and longer in lesser offenses.
Most trials in the regular courts are public, although trials
under the National Security Act (NSA) may be held in secret.
As a rule, the courts appoint public defenders only for those
persons charged with capital crimes (murder and treason); those
charged with noncapital crimes are often tried without legal
representation if they cannot afford an attorney.  As a result,
many defendants are not informed of their rights in pretrial or
trial proceedings.
Botswana's civil courts operate with a high degree of
independence.  They are largely unhampered by corruption and
rarely susceptible to political influence.  However, judicial
authority has been undermined by the Government's continued
reluctance to abide by a 1992 decision of the High Court that
the Citizenship Act is unconstitutional because it
discriminates against women.  International human rights
monitors criticized the Government for its failure to revise
the law and respect the Court's ruling (see Sections 2.d. and
5).  The Government has yet to declare publicly how it will
implement the High Court's decision.  President Masire has made
a commitment to address the issue in 1995.
During the debate preceding adoption of the 1994 Anticorruption
Bill, some human rights organizations expressed concern that,
in the case of those accused of misuse of government resources,
the bill would weaken the constitutional provision providing
for the defendants' presumption of innocence.
Most citizens encounter the legal system through the customary
courts under the nominal authority of a traditional leader.
These courts handle minor offenses involving land, marital, and
property disputes.  In these courts, the defendant does not
have legal counsel, and there are no precise rules of
evidence.  Tribal judges, appointed by the traditional leader
or elected by the community, determine sentences, which may be
appealed through the civil court system.  The quality of
decisions reached in the traditional courts varies
considerably.  In communities where chiefs are respected, their
decisions are respected; in communities where the chiefs are
not respected, people seek justice from the civil courts.
The Government held no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the protection of privacy and the
security of the person, and the Government respects these
rights.  While judicial search warrants are normally required,
police officers above the rank of sergeant may enter, search,
and seize property if they have reasonable grounds to suspect
that evidence might be destroyed or that a crime is in
progress.  Evidence gathered without a search warrant is
admissible in court, but judges may and do disqualify such
evidence if it can be shown that the police had time to obtain
a warrant.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression, both
individual and corporate, but also permits restrictions on
these freedoms "reasonably required in the interests of
defense, public safety, public order, public morality, or
public health."  Botswana has a long tradition of vigorous and
candid public discourse, and the Government has not used this
constitutional provision to place unreasonable restrictions on
speech or press.
However, the broadcast media remain a government monopoly, with
radio the most important medium of information in this highly
dispersed society.  Radio Botswana follows government policies
and draws most of its stories from the official Botswana Press
Agency (BOPA).  Opposition leaders have access to the radio,
but they complain--with some justification--that their
broadcast time is severely limited.  The Government also
subsidizes a free daily newspaper which depends heavily on BOPA
for its material.
The independent press is small but lively and frequently
critical of the Government and the President.  It reports
without fear of closure, censorship, or intimidation.  There
are no privately owned radio or television stations, but there
is a semilegal television station broadcasting mostly pirated
programs to viewers in the capital city.  Independent radio and
television from neighboring South Africa are easily received.
On occasion the Government has taken steps, under loosely
defined provisions of the NSA, to limit publication of national
security information.  The Attorney General did not take any
action during 1994 in the case involving two journalists
accused of violating the NSA in 1993, in part because one of
the reporters was abroad on a scholarship.
The Government also has leverage over the independent press
through advertising placed by state-owned enterprises.  Within
the Government, there has been some discussion of withdrawing
such advertising from the independent media, but no such action
had been taken by year's end.
There are no limits placed on academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of association, and the
Government respects this right in practice.  Police
authorization is needed to hold public demonstrations, but the
authorities withhold permission only in limited cases and then
exclusively for the sake of public safety.  Although
associations must officially register, the Government has not
used the registration process to delay, harass, or otherwise
impede group formation.  There are a multiplicity of political
parties, labor unions, and civic associations
     c.  Freedom of Religion
The Constitution provides for this freedom, and people worship
freely in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no barriers to domestic and international travel or
migration.  Citizenship is not revoked for political reasons,
although once voluntarily relinquished, it can only be regained
through naturalization.
Citizenship provisions of the  Nationality Law discriminate
against women and have been severely criticized by human rights
groups, as well as being the object of legal action (see
Section 5).
The Government does not repatriate refugees against their will,
nor will it forcibly expel those who have applied for, but
failed to gain, refugee status.  Those granted refugee or
asylum status are treated well, but some failed asylum seekers
have been detained without charge for up to 2 years in the same
facilities and cells as convicted felons.  The Government
cooperates with the United Nations High Commissioner for
Refugees (UNHCR) and other international refugee organizations,
but it generally applies stricter criteria to asylum seekers
than does the UNHCR.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government.  In
practice, one party--the BDP--has dominated the lower chamber
of Parliament, the National Assembly, since independence,
although its representation in the Assembly was reduced in the
October 15 multiparty general elections, in which it won 27 of
the 40 elected seats.  While eight parties contested the
election, only the BNF, with 13 seats, joined the BDP in
Parliament.  There are also four appointed seats.  The BNF's
recent performance at the polls (increasing its parliamentary
presence from 3 to 13 seats) reflected a strong following in
urban areas.  Parliament elects the President.  Citizens 21
years of age and older may vote, using a secret ballot.
The House of Chiefs, a ceremonial upper chamber of Parliament
with limited advisory powers, is constitutionally restricted to
the eight "principal tribes" of the Tswana nation.
Consequently, other groups of Botswana citizens, e.g., the
Basarwa (widely known as "bushmen"), Herero, Kalanga,
Humbukush, Baloi or Lozi, are not represented in the House of
Chiefs.  Given the limited authority of the House of Chiefs,
the impact of this discrimination is largely symbolic, but it
is viewed as important in principle by a number of non-Batswana.
Members of the National Assembly are required to be able to
speak English, and one prospective candidate for a seat
representing a Basarwa constituency was not nominated by his
party for this reason.  This restriction has never been
challenged in court.
Women are also underrepresented in the political process.
Although women constitute just over 50 percent of the
population, only 3 of 44 National Assembly seats are occupied
by women, and only 2 women are in the Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not prevent local and international
organizations from investigating human rights abuses in
Botswana, nor does it make any attempt to suppress any critical
publications.  Local human rights groups operate openly and
independently.  They freely use the independent media to
publicize their findings, which are often critical of the
Government.  Organizations such as Human Rights Watch/Africa
and Amnesty International have criticized certain practices in
Botswana.  The Government often disputes the conclusions of
NGO's but does not attempt to prevent them from being debated.
Officers from international human rights groups enter and
depart Botswana freely.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution and Penal Code forbid discrimination on the
basis of ethnicity, nationality, or creed but do not address
discrimination based on sex.
     Women
Women in Botswana do not have the same civil rights as men.  A
prominent illustration of this is the highly publicized Unity
Dow lawsuit challenging Botswana's citizenship laws.  Attorney
Unity Dow, a female citizen of Botswana married to an
expatriate, filed a successful suit challenging the
constitutionality of Botswana's Nationality Law.  Under that
Law, a Motswana woman married to a non-Motswana could not
transmit Botswana citizenship to her child whereas a Motswana
man in the same situation could do so.  Although the High Court
declared the law unconstitutional, the Government has since
failed to take action to pass a new law which would treat male
and female citizen parents equally with respect to transmission
of citizenship to their children.  In an effort to force
government action, Unity Dow has since applied for a passport
for her child, but the authorities had declined to act on that
application by year's end.
A number of other laws, many of which are attributed to
traditional practices, restrict civil and economic
opportunities for women.  Women married in "common property"
are held to be legal minors, requiring their husbands' consent
to buy or sell property, apply for credit, and enter into
legally binding contracts.  Women have, and are increasingly
exercising, the right to marriage "out of common property," in
which case they retain their full legal rights as adults.
Polygyny is still legal under traditional law and with the
consent of the first wife, but it is rarely practiced.
Well-trained urban women enjoy growing entry-level access to
the white-collar job market, but the number of opportunities
decreases sharply as they rise in seniority.  Discrimination
against women is most acute in rural areas where women work
primarily in subsistence agriculture.
Violence against women, primarily beatings, remains a serious
problem in Botswana.  Under customary law and in common rural
practice, men have the right to "chastise" their wives.
Statistics are believed to underreport the true level of abuse
against women.  Police are rarely called to intervene in cases
of domestic violence, and there were no cases in which a wife
filed criminal charges against an abusive husband in 1994.
Spouse abuse does not receive widespread media attention.
A number of women's organizations have emerged to promote the
status of women.  The groups vary considerably in their
membership, philosophy, and tactics.  The Government has been
slow to respond concretely to issues raised by these groups.
     Children
The rights of children are addressed in the Constitution and
the 1981 Children's Act.  Under the Act, Botswana has a court
system and social service apparatus designed solely for
juveniles.  There is no pattern of societal abuse against
children.
     National/Racial/Ethnic Minorities
The Tswana majority, of which the Constitution recognizes eight
"principal tribes," has a tradition of peacefully coexisting
with "minor" tribes, chief among which are the Kalanga who
represent some 25 percent of the population.  Each of the eight
principal tribes is represented in the advisory House of
Chiefs, while other groups are permitted only a subchief, who
is not a member of the House.  Other than the lack of schooling
in their own language and representation in the House of
Chiefs, Botswana's Bantu minorities and nonindigenous
minorities, such as the white and Asian communities, are not
subject to discrimination.  However, the nomadic Basarwa remain
marginalized and have lost access to their traditional land.
The Basarwa are vulnerable to exploitation, and their
isolation, ignorance of civil rights, and lack of
representation in local or national government have stymied
their progress.
     People with Disabilities
The Government does not require accessibility to public
buildings and conveyances for people with disabilities, and the
NGO community has only recently begun to press for more
government attention to the needs of the disabled.  The
Government does not discriminate on the basis of physical or
mental handicap, although employment opportunities for the
disabled remain limited.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of association, and in
practice all workers, with the exception of government
employees, are free to join or organize unions of their own
choosing.  Government workers may form associations that
function as quasi-unions but without the right to negotiate
wages.  The industrial or wage economy is small, and unions are
concentrated largely in the mineral, and to a lesser extent, in
the railway and banking sectors.  There is only one major
confederation, the Botswana Federation of Trade Unions (BFTU),
but unions are free to form other confederations.
Unions are independent of the Government and are not closely
allied with any political party or movement.  Unions may employ
administrative staff, but the law requires elected union
officials to work full time in the industry the union
represents.  This severely limits union leaders'
professionalism and effectiveness and has been criticized by
the International Confederation of Free Trade Unions (ICFTU).
In addition, the law severely restricts the right to strike.
Legal strikes are theoretically possible after an exhaustive
arbitration process, but in practice none of the country's
strikes to date has been legal.  Employees of two banks, one
private and one state owned, staged strikes in December.  At
year's end, both actions were unresolved.
Unions may join international organizations, and the BFTU is
affiliated with the ICFTU.  The Minister of Labor must approve
any affiliation with an outside labor movement, but unions may
appeal to the courts if an application for affiliation is
refused.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for collective bargaining for unions
that have enrolled 25 percent of a labor force.  In reality,
only the mineworker unions have the organizational strength to
engage in collective bargaining, and collective bargaining is
virtually nonexistent in most other sectors.
Workers may not be fired for union-related activities, and
dismissed workers may appeal to labor officers or civil
courts.  However, labor officers rarely do more than order
2 months' severance pay.
Botswana has only one export processing zone--in the town of
Selebi-Phikwe--which is subject to the same labor laws as the
rest of the country.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution specifically forbids forced or compulsory
labor, and it is not practiced.
     d.  Minimum Age for Employment of Children
Although education is not compulsory, the Government provides
7 years of free education to every child, and most children in
Botswana take advantage of this opportunity.  Only an immediate
family member may employ a child 13 years old or younger, and
no juvenile under 15 may be employed in any industry.  Only
persons over 16 may be hired to perform night work, and no
person under 16 is allowed to assume hazardous labor, including
in mining.  District and municipal councils have child welfare
divisions that are responsible for enforcing child labor laws.
     e.  Acceptable Conditions of Work
The minimum monthly wage for full-time labor is $100 (270
Pula), which is just under 50 percent of what the Government
calculates is necessary to meet the basic needs of a family of
five.  The Ministry of Labor is nominally responsible for
enforcing the minimum wage, but there were no known cases in
which the Ministry took actions against an employer paying less
in 1994.
Formal sector jobs almost always pay well above minimum wage
levels.  Informal sector employment, particularly in the
agricultural and domestic service sectors, where housing and
food are included, frequently pay below the minimum wage.
Illegal immigrants, primarily Zimbabweans and Zambians, are
easily exploited as they would be subject to arbitrary and
immediate deportation if they filed grievances against
employers.
Botswana law permits a maximum 48-hour workweek, exclusive of
overtime which is payable at time and a half for each
additional hour.  Most modern private and public sector jobs
are on the 40-hour workweek.
Workers who complain about hazardous conditions cannot be
fired.  The Government's institutional ability to enforce its
workplace safety legislation remains limited, however, by
inadequate staffing and unclear jurisdictions between different
ministries.  Nevertheless, worker safety is generally provided
for by employers, with the occasionally notable exception of
the construction industry.
BRAZIL1
cTITLE:  BRAZIL HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             BRAZIL
Brazil is a constitutional federal republic comprising 26 states
and the federal district.  In 1994 voters elected a new
President, two-thirds of the Senate, 513 federal deputies,
27 governors, and members of state legislatures.  It was the
second time since the end of military rule that Brazilians
freely chose their President and renewed the legislative bodies
in accordance with the 1988 Constitution.  Fernando Henrique
Cardoso became President on January 1, 1995, and will serve a
4-year term, reduced from 5 years by a 1994 constitutional
amendment.
Security forces in Brazil fall primarily under the control of
the states.  State police are divided into two forces:  the
civil police, with an investigative role, and the uniformed,
"military" police, who are responsible for maintaining public
order.  According to the Constitution, the states' military
police must serve as army reserves; they maintain some vestiges
of military privileges, including special judicial systems.
Brazil's federal police force is very small and plays little
role in maintaining internal security.  The military police
courts (distinct from the armed forces' courts-martial) are
overloaded, seldom conduct rigorous investigations of fellow
officers, and rarely convict them.  The separate system of
state military police courts creates a climate of impunity for
police elements involved in extrajudicial killings or abuse of
prisoners, which is the single largest obstacle to altering
police behavior to eliminate such abuses.
Brazil exports primary products and has a large industrial
sector.  Gross domestic product was $456 billion in 1993, and
the economy grew at a rate of 5 percent in 1994.  The
Government issued a new currency in July and brought down the
rate of inflation from 50 percent a month to less than 2
percent by September.  Large disparities in income distribution
continued, with the poorest fifth of the population receiving
only 2 percent of the national income, while the richest tenth
hold 51 percent.
The most serious human rights abuses continued to be some
instances of extrajudicial killings and torture committed by
the police.  Justice is slow and unreliable, especially in
rural areas where powerful landowners use violence to settle
land disputes and influence the local judiciary.  In urban
areas, the police are frequently implicated in killings and
abuse of prisoners, but the special police courts rarely
investigate effectively or bring the accused to trial.  Regular
courts did take up two high-profile cases of extrajudicial
killing, and both cases were still pending at year's end (see
Section 1.a.).  The poor, predominantly from racial minorities,
bear the brunt of most violence, whether committed by the
police or by criminals.  Indigenous peoples, despite
constitutional guarantees, remain the victims of abuse and
neglect, with continued invasions of their land.  Laws against
forced labor are not adequately enforced, and children are
exploited in the sugar and charcoal industries.  A free press
and active human rights organizations expose abuses and demand
action to stop them.  The Federal Government has made efforts
to respond to human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Extrajudicial killings continued to be a serious problem
throughout the country.  There are no reliable statistics on
the number of people that police, vigilante groups, or hired
gunmen murder annually.  City morgue statistics frequently fail
to distinguish between murder and accident victims.  The police
investigations in 90 percent of the cases were insufficient for
any judicial action, according to a recent study of 3,236
homicide victims in Rio de Janeiro by the Higher Institute for
Studies of Religion (ISER).  In Sao Paulo, the official
statistics on the number of civilians killed by police fail to
include those who are wounded and die later in the hospital.
According to these statistics, the number of civilians killed
by Sao Paulo state's military police dropped from an average of
86 per month in 1991 and 1992 to 21 per month in 1994.  No
national figures are available, but this drop in killings in
Brazil's largest city is significant.  Both lethal and
nonlethal confrontations with police have fallen steadily since
1991.  Human rights groups attributed this decrease to the
state government's appointment of a new state secretary for
public security who made clear that abuses would have to stop.
This leadership, along with courses in human rights, internal
transfers, and the threat of punishment reduced the number of
killings.
The special police courts have not yet tried the 120 police
accused of the 1992 Carandiru prison massacre.  The police
prosecutor predicted he would conclude this case with
convictions in early 1995, but other lawyers following the
trial estimated that it would take much longer.  (Police courts
are special courts with jurisdiction over the state police; see
Section 1.e.)
In Rio de Janeiro, the execution-style killing of street
children continued, according to reliable reports from
organizations aiding the youths.  Five policemen, indicted for
the July 1993 killings of eight street children in downtown
Candalaria square, were still in jail awaiting trial by regular
courts.  Their case was kept out of the special police courts
because they were not on duty at the time and apparently did
not use police equipment in the crime.  Similarly, the regular
court system is trying the cases of 33 members of the police
gang accused of murdering 21 Vigario Geral residents in 1993,
but the number of the defendants and appeals involved means the
case is moving very slowly, with no trial date set.  One of the
defendants escaped from custody of his fellow policemen; two
others fled before being arrested.
Despite efforts to prosecute the most notorious police crimes
and to improve training, the Rio de Janeiro state government
made little progress in stopping the high number of murders in
Rio de Janeiro.  Some crimes appear to be politically
motivated, such as the murder of two black Workers' Party (PT)
activists June 13.  Unknown gunmen killed the two PT members
shortly after they denounced police crimes at a party meeting
to discuss security issues; police investigating the murder
accused a common criminal.
On October 31, the Government sent in the armed forces to
control crime in Rio de Janeiro, placing civil and military
police forces under the command of a general.  The joint
military-police operations to seize arms and drugs in Rio's
slums have been essentially nonviolent and popular with the
city's residents.  Military authorities denied allegations of
illegal searches and arrests, saying they have worked closely
with judges to obtain the necessary warrants.  The authorities
are investigating media reports of beatings and mistreatment.
In the state of Sao Paulo, the June 11 murder of a union
organizer and his wife, members of the Socialist Party of
Unified Workers (PSTU), appeared to be a professional killing,
with few clues found by police investigators.  Colleagues of
the couple in the town of Sao Carlos believe they were killed
to prevent a repeat of the successful strike they organized
against the local sugar refineries in 1993.
Throughout Brazil, local human rights organizations point to
excessive use of force by police.  The police killed Fernando
Neves, an employee of the Sao Martinho association for street
children, shooting him four times as he rode his bicycle home
crossing the path of police pursuing a car thief.  Neves'
family received threats for demanding an investigation, and the
police officers identified by an internal inquiry as
responsible for the shooting remained on active duty.  Rio de
Janeiro's governor acknowledged police abuses, including
summary executions, in the October 18 raid against drug gangs
in the Nova Brasilia slum that resulted in 13 deaths.  In the
southern state of Santa Catarina, state military policemen were
accused of shooting an unarmed, escaped prisoner 12 times.  The
authorities in Rio Grande do Sul held state military policemen
responsible for the killing of a prisoner in his hospital bed;
he had been recovering from wounds received in a gunfight that
left a policeman dead.
The Luiz Freire Cultural Center/Legal Advisory Service, a
prominent human rights group in the northeastern state of
Pernambuco, reported the number of murders there were on the
increase, with a total of 1,847 between January 1993 and July
1994.  In those cases in which the killers could be identified
by some evidence, the group attributed 11 percent of the
murders to extermination squads and 5 percent to police.
In the northeastern state of Alagoas, the governor's temporary
appointment of an army colonel to command police forces in 1993
dramatically reduced the number of murders involving the state
military police.  The Permanent Forum against Violence in
Alagoas, a locally prominent human rights group, implicated the
police in only 56 out of the 434 murders in Alagoas in the
first half of 1994, in contrast to 1992 when human rights
monitors attributed 80 percent of 600 homicides to police
forces.
A high crime rate, a failure to apprehend most criminals, and
an inept criminal justice system all contribute to public
acquiescence in police brutality and killings of criminal
suspects.  Acts of intimidation, including death threats
against witnesses, prosecutors, judges, and human rights
monitors, often hindered investigation into these incidents.
Sao Paulo state military police prosecutors Stella Kuhlman and
Marco Antonio Ferreira Lima received death threats warning them
to stop investigating police crimes; Kuhlman found a bloodied
doll and a miniature casket left inside her office as a
warning.  Another Sao Paulo prosecutor investigating police
corruption, Eliana Passarelli, was threatened.  In Rio de
Janeiro, judges, the chief prosecutor investigating police
links to organized crime, and workers aiding street children
have all received death threats.  An international lawyers'
committee report emphasized the extraordinarily high rate of
threats against judges and lawyers in Brazil.
In rural areas in the north and northeast, landowners often
intimidated judges, lawyers, and police by violence and threats
of violence.  For example, in the northern state of Para, the
mayor of Xinguara and several landowners stand accused of
plotting the murder of a rural union leader in 1991, but their
cases have yet to be tried.  In 1994, eight persons were
killed, three escaped attempts on their lives, and several
families fled Xinguara after learning their names were on the
landowners' "death list."  These death lists include not just
rural union leaders, but anyone believed to be on the side of
squatters, such as shopkeepers who sell to them.  Landowners
also threatened three Catholic priests, including father
Ricardo Rezende of the neighboring town of Rio Maria.  Local
officials, who are linked to the mayor, took no action to
investigate the killings or to protect those on the death list.
On June 23 in Rio Maria, where six rural union leaders have
been gunned down since 1985, the authorities tried the man
accused of the attempted murder of union leader Carlos Cabral.
The defendant confessed to firing the shots, and witnesses
testified that he earlier had offered them money to kill
Cabral.  The local jury ruled the crime was not premeditated,
however, and the judge gave the gunman a suspended sentence.
In contrast, when a court granted a change of venue from Rio
Maria to the state capital of Belem 600 miles away, a jury
convicted the ex-policeman hired to kill Cabral's two fellow
union leaders.  The judge sentenced the killer to 50 years in
prison, but he escaped with three other inmates on October 24.
The authorities have not brought any of the landowners who
contracted for the killings to trial.
However, on December 16 the courts convicted a gunman, and the
ranch foreman who hired him, of killing union leader Expedito
de Souze in 1991, and sentenced them to 24- and 21-year prison
terms.  However, the ranch owner--also accused of the
crime--failed to appear for trial.  Despite a warrant for his
arrest, he remains at large (see Section 1.e.).
The Catholic Church's Pastoral Land Commission (CPT) reported
that land disputes resulted in 52 persons murdered in 1993, and
the CPT reported 37 such murders in the first 10 months of 1994.
The high level of crime and the failings of the judicial system
also contribute to public tolerance of vigilante lynchings of
suspected criminals.  Lynchings occurred in all regions of the
country, but the state of Bahia had the record number of
lynchings--84--in 1993, and mobs killed 15 persons there in the
first 8 months of 1994.  In Salto de Lontra, in the southern
state of Parana, a mob took an accused murderer out of the
police lockup in April and killed him while police watched.
There continued to be reports of murders of homosexuals, where
the identity of the killers remains unknown.  In the Porto
Alegre area, such assailants murdered five transvestites, while
others have been beaten and robbed.  On October 8, a military
police court in Sao Paulo reduced the sentence of a policeman
convicted of killing a transvestite from 12 to 6 years, noting
that being a transvestite was a "high risk" activity.
Prosecutors said they would appeal the decision, and several
prosecutors and law professors characterized the court's action
as illegal.
     b.  Disappearance
There were no reports of politically motivated abductions.
Human rights groups often blamed the police or vigilante groups
for the disappearance of street children or persons believed to
be criminals.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and contains severe legal
penalties for torture or acquiescence in it.  Yet the absence
of any law defining torture has led to nearly total impunity.
On June 23, a divided Supreme Court ruled on a torture case;
five justices voted to absolve a policeman, based on the
argument that Congress had failed to incorporate torture into
the Penal Code, but six justices prevailed to convict the
defendant based on the statutes defining norms for juvenile
justice, which specify penalties for torture.  (The victim was
a minor when he was beaten into confessing a crime in August
1991.)
There are frequent credible reports that police beat and
torture criminal suspects to extract information, confessions,
or money.  In Rio de Janeiro, law enforcement officials have
acknowledged that physical abuse of prisoners is common, and in
September the civil police established a special unit to
investigate charges of torture.  In the state of Ceara, the Bar
Association reported that a police inspector charged with one
case of torture in 1993 was later found to be involved in 16
other incidents, but the inspector remained on the force while
criminal proceedings continued more than a year later.
Brazil's overcrowded prisons held 128,465 inmates in space
designed for 51,368.  There are often six to eight prisoners in
a cell meant for three; some prisoners force others to pay for
the use of a bed.  The Ministry of Justice reported that
rebellions average 2 per day, attempted or successful escapes,
3 per day.  The Archbishop of Ceara, Aloisio Lorscheider, after
investigating conditions at a prison near Fortaleza on March 15
(and being held hostage temporarily), reported to the city
council about torture of prisoners, "food not fit for
cockroaches," and lack of hygiene.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution limits arrests to those caught in the act of
committing a crime or those arrested by order of a judicial
authority.  The authorities usually respect the constitutional
provision for a judicial determination of the legality of
detention, although some convicted inmates are held beyond
their sentences due to poor record keeping.  The law permits
provisional detention for up to 5 days under specified
conditions during a police investigation, but a judge may
extend this period.  However, the police sometimes detain
street youths illegally without a judicial order or hold them
in incommunicado detention.
     e.  Denial of Fair Public Trial
The judiciary is an independent branch of government, but in
many instances it is unable to ensure the right to fair trial.
The judicial system, with the Federal Supreme Court at its
apex, includes courts of first instance and appeals courts.
States organize their own judicial systems but must adhere to
the basic principles in the Federal Constitution.  Brazil also
has a system of specialized courts dealing with police, labor,
elections, juveniles, and family matters.
Special police courts have jurisdiction over the state military
police; the record of these courts shows that punishment is the
exception rather than the rule.  A human rights group in the
northeast, studying police crimes against civilians judged in
police courts over two decades (1970-1991), found only 8
percent of the cases resulted in convictions.  In Sao Paulo,
another study found that only 5 percent result in convictions.
The courts (which are separate from the courts martial of the
armed forces, except for the final appeals court) are composed
of four ranking military police officials and one civilian
judge.  With too few judges for the caseload, there are
backlogs, and human rights groups report a lack of zeal among
police charged with investigating fellow officers.  An attempt
in Congress to pass a law giving ordinary courts jurisdiction
over police crimes against civilians remained stalled in 1994.
Defendants are entitled to counsel and must be made fully aware
of the charges against them.  In cases in which a defendant
cannot afford an attorney, the court must provide one at public
expense; courts are supposed to appoint private attorneys to
represent poor defendants when public defenders are
unavailable, but there is often a de facto lack of defense.
Juries try only cases of willful crimes against life; a judge
tries all others.
The right to a fair public trial, as provided for by law, is
generally respected in practice, although in rural areas the
judiciary is less capable and more subject to the influence of
local landowners, particularly in cases related to indigenous
peoples and rural union activists.  Local police are less
zealous in investigating, prosecutors are reluctant to initiate
proceedings, and judges find reasons to delay when cases
involve gunmen contracted by landowners to eliminate squatters
or rural union activists.
The need for judicial reform is widely recognized because the
current system is inefficient, with backlogs of cases and
shortages of judges.  In Manaus the authorities took no action
in 80 percent of the crimes against life that should have gone
to juries, due to insufficient police action to gather evidence.
Out of 176 townships in the northeast state of Pernambuco,
73 do not have a judge.  Low pay, combined with exacting
competitive exams that in some years eliminate 90 percent of
the applicants, makes it difficult to fill vacancies on the
bench.  Due to the backlog of cases, under the Brazilian system
where a trial must be held within a certain period of time from
the date of the crime (similar to a statute of limitations),
old cases are frequently dismissed.  According to a former
judge, this encourages corrupt judges purposely to delay
certain cases so they can be dismissed.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for freedom from arbitrary intrusion
into the home.  There were no reports of illegal entry for
political reasons, but illegal entry into homes without a
warrant occurs in searches for criminal suspects.  A women's
rights group in the city of Porto Alegre reported suspected
police involvement in five break-ins at its offices--each time
its files on spousal abuse and finances were ransacked.
Wiretaps are unconstitutional except when authorized by a
judicial authority for purposes of criminal investigation and
prosecution.  The inviolability of private correspondence is
respected.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The 1988 Constitution abolished all forms of censorship and
provides for the right to free speech and to a free press.  The
authorities respect these rights in practice.  The press and
broadcast media routinely discuss controversial social and
political issues and engage in investigative reporting.  Most
radio and television stations are privately owned; but the
Government controls licensing authority and politicians
frequently obtain the licenses.  Eighteen television and 115
radio stations are owned by current or former congressmen, some
of whom are or were members of the committee overseeing
communications.  Newspapers and magazines, which are privately
owned, vigorously report and comment on government performance.
Congress is considering changing the penalty for libel under
the 1967 Press Law--a prison term--which judges consider
extreme.  The Folha de Sao Paulo newspaper called current legal
regulation of the press "an archaic and authoritarian press law
inherited from the military regime."  The 1994 Inter-American
Press Association (IAPA) report on freedom of the press in
Brazil said, "there has been increasing recourse to the (1967)
press law, especially by the executive and the judiciary,
against journalists."  According to the report, the courts
tried seven journalists and a labor leader for libel and
defamation of character under this law after complaints by the
executive branch; they jailed one and freed the others as
first-time offenders.  Lucio Flavio Pinto, an independent
journalist in Belem, Para state, had to close his weekly
newsletter in order to defend himself against the suits brought
by the owners of the city's major newspaper for libel and
defamation under the 1967 press law.  The IAPA also called for
an investigation into the February killing of a newspaper
publisher in Vitoria da Conquista, Bahia state.  In the state
of Sergipe, four journalists received death threats after
criticizing the police in their newsletter.
Foreign publications are widely distributed in Brazil; prior
review of films, plays, and radio and television programming is
practiced only to determine a suitable viewing age.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble peacefully,
and this right is respected in practice.  Permits are not
required for outdoor political or labor meetings, and such
meetings occur frequently.
     c.  Freedom of Religion
There is no favored or state religion.  All faiths are free to
establish places of worship, train clergy, and proselytize,
although the Government controls entry into Indian lands.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on movement within Brazil, except for
the protected Indian areas, nor are there any restrictions on
emigration or return.  Some towns in the south, however, were
reported to be trying to block the entry of poor migrants from
the north.  Brazil admits few immigrants, does not formally
accept refugees for resettlement, and is selective in granting
asylum.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for the right of citizens to change
their government through free elections, and citizens exercised
this right in 1994, filling executive and legislative offices
throughout the country.  Brazilians chose the President,
two-thirds of the Senate, 513 federal deputies, 27 governors,
and members of state assemblies from a multitude of parties and
alliances.
Voting is secret and mandatory for all literate Brazilian
citizens aged 18 to 70, except military conscripts who may not
vote.  It is voluntary for minors aged 16 to 18, for the
illiterate, and for those aged 70 and over.
Women have full political rights under the Constitution, and
they are becoming active in politics and government.  In the
1994 elections, voters elected 1 female governor and 34 women
to the Chamber of Deputies (out of 513 seats).  Five women
serve in the Senate (out of 81).  The 1988 Constitution gave
Indians the franchise, but their ability to protect their own
interests is severely limited (see Section 5).  Eight Indian
candidates ran for office in 1994, but none was elected.
BRAZIL2
YTITLE:  BRAZIL HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Brazilian nongovernmental organizations (NGO's) actively
investigate allegations of human rights violations and often
initiate legal proceedings.  Several international NGO's either
maintain offices in Brazil or visit periodically.  Government
entities, such as the Ministry of Justice's secretaries for
citizenship and human rights or the federal prosecutor's
office, respond readily to inquiries about human rights cases
and launch their own investigations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Discrimination on the basis of sex, race, religion, and
nationality is unconstitutional, yet women, blacks, and
indigenous people continued to experience discrimination.
     Women
The Constitution prohibits discrimination based on sex in
employment or salaries and provides for 120 days of paid
maternity leave.  The provision against wage discrimination is
rarely enforced, however, and, as a reaction against the
maternity leave law, some employers seek sterilization
certificates from prospective employees or try to avoid hiring
women of childbearing age.
There is a high incidence of physical abuse against women, and
125 cities have established special police offices to deal with
crimes against women.  One Rio de Janeiro office reported that
more women were submitting complaints, which increased from 80
per month in 1993 to 300 per month in 1994, and that 80 percent
of the complaints involved spousal abuse.  Both Porto Alegre
and Sao Paulo, which has 120 police offices for women, found a
similar trend of more women reporting complaints.  The women
generally asked police to talk to their husbands, rather than
taking legal action.
In rural areas, women have little recourse since there are no
specialized police offices available to them.  Men who commit
crimes against women, including sexual assault and murder, are
unlikely to be brought to trial.  Although the Supreme Court
struck down in 1991 the archaic concept of "defense of honor"
as a justification for wife murder, courts are still reluctant
to prosecute and convict men who attack their wives.
     Children
Despite progressive laws to protect children and a growing
awareness of their plight through media and NGO campaigns, the
Government still has not been able to help millions of children
who fail to get an education, who work to survive, and who
suffer from the poverty afflicting their families.  A 1994
report issued by the Brazilian Institute for Geography and
Statistics indicated that upwards of 2 million children between
10 and 13 years of age work, many of them together with their
parents, under conditions approximating forced labor or debt
bondage (see Section 6.d.).  Many other children are found
begging on the streets of cities.
There are no reliable figures on the number of street children,
some of whom are homeless, but the majority of whom return home
at night.  In Rio de Janeiro, an organization aiding street
children estimated that 30,000 frequent the streets by day, but
less than 1,000 probably sleep there.  NGO's have made enough
shelters available for homeless children, but some prefer the
freedom and drugs that street life offers.  In Sao Paulo, a
survey of street children published in March found 4,500 on the
streets by day and 900 at night, but the survey's methodology
has been criticized because surveyors worked from cars, without
walking into dark alleys.  The Government response to the
plight of street children has been slow and ineffective.  For
example, the Sao Paulo State Council for the Rights of Children
has never acquired meeting space nor have its government
members been named.
The report of a congressional investigating committee on child
prostitution, published in June, called for more targeted
social programs, changes in the Penal Code, and enforcement of
existing laws to protect children, noting police complicity in
child prostitution in most states.  The committee concluded
that there was no evidence to back the claim that an estimated
500,000 minors are involved in prostitution in Brazil, but they
found appalling cases in all 10 states visited.  In Rio de
Janeiro, a study cited by the committee found 500 girls between
the ages of 8 and 15 involved in prostitution, all of them glue
sniffers or drug users, most first raped at an early age.
     Indigenous People
Brazil's approximately 250,000 Indians, who speak 170 different
languages, have a constitutional right to their traditional
lands.  In practice, however, the authorities allow most
indigenous peoples only limited participation in decisions
affecting their lands, cultures, traditions, and the allocation
of natural resources.  The 1988 Constitution charged the
Federal Government with demarcating 519 indigenous areas within
5 years, but the authorities have yet to complete more than
half the demarcations and entitling decrees.  The lower house
of Congress passed a law in 1994 to implement constitutional
provisions with respect to Indian rights, but the Senate took
no action.
The Constitution provides Indians the exclusive use of the
soil, waters, and minerals found in their lands, subject to
congressional authorization.  The legal regulations necessary
for economic exploitation are still pending before the Senate
as part of the Indian rights bill.  Illegal mining, logging,
and ranching are a constant problem on Indian lands, as an
estimated 84 percent of them have been occupied by
non-Indians.  Approximately 2,500 gold miners reentered the
Yanomami reserve in the state of Roraima in 1994, causing
another surge in the number of Indians dying from malaria and
other diseases.  Malaria killed at least 26 Yanomami, in part
due to the Federal Government's failure to provide adequate
medical care for indigenous peoples.
The 1993 case against the Brazilian gold miners who killed 16
Yanomami on the Venezuelan side of the border remains mired in
legal problems.  None of the accused miners are in custody.
Yanomami witnesses failed to recognize two of the accused, and
other witnesses have disappeared.  Also in Roraima state, four
Macuxi Indians were murdered in the Raposa-Serra do Sol area,
which is still not demarcated because the order has been
stalled in the Justice Minister's office for more than a year.
The Catholic Church's Indigenist Council reported in 1993 that
more than 7,400 Indians were trapped into forced labor (see
section 6.c.).  The majority were Guarani Indians in the state
of Mato Grosso do Sul.  With 10 Guarani communities embroiled
in legal battles for their land, there were a few victories in
1994.  The Sete Cerros Guarani won a federal Supreme Court
order to stop a local federal judge from granting ranchers the
right to occupy demarcated Guarani land.  The regional appeals
court in Sao Paulo ruled in favor of the Jaguari community,
ordering FUNAI to restore the Guarani to their homeland and
evict the non-Indians.  FUNAI carried out the order with police
assistance.  In Para state, the Xikrim Indians won a court
injunction blocking two major logging firms from extracting
mahogany from their lands.
In the absence of government action, indigenous groups have
begun to take matters into their own hands.  Xerente Indians in
Tocantins successfully stopped the state government from
building a road into their territory by seizing the site.  (The
state government had ignored a federal injunction supporting
the Xerente.)  In September Kayapo Indians decided to expel
2,000 gold miners from their territory, forcing the local
government and federal authorities to deal with the problem.
     National/Racial/Ethnic Minorities
Although racial discrimination has been illegal since 1951,
darker-skinned Brazilians frequently encounter discrimination.
Most black Brazilians are found among the poorest sectors of
society.  Even though nearly half of Brazil's population has
some African ancestry, very few senior officials in government
or the armed forces are black.  There are few blacks in senior
private sector management positions.  Black consciousness
organizations challenge the view that Brazil is a racial
democracy with equal treatment regardless of skin color.  They
assert that racial discrimination becomes most evident when
blacks seek employment, housing, or educational opportunities.
The news magazine Veja reported that whites in the
predominantly black city of Salvador, Bahia, earn on average
three times more than blacks, while in the southern city of
Curitiba, whites earned 1.5 times the black average.  The
magazine attributed the difference between the two cities to
better public education in the south.  In many southern cities,
however, municipal governments try to prevent the migration of
poor families from the northeast, who are often identified by
their color.  For example, city officials in Blumenau, Santa
Catarina state, routinely screen incoming bus passengers and
strongly encourage those who are nonwhite and without
employment to leave on the next bus.
Racism, as a crime, is difficult to prove in courts, although
both Sao Paulo and Rio de Janeiro have designated special
police units to investigate it.  When a black activist, Jane
Makebe, was told by a friend that she lost a job with a
cellular phone company because the owner did not want any black
employees, she filed a complaint with Sao Paulo's racial crimes
police.  However, the witness, Makebe's friend, refused to
testify for fear of losing her job.
     People with Disabilities
The 1988 Constitution contains several provisions for the
disabled, stipulating a minimum salary, educational
opportunities, and access to public buildings as well as public
transportation.  Groups that work with the disabled, however,
report that state governments completely failed to meet the
legally mandated targets for educational opportunities and work
placement.  The elimination of architectural barriers to the
disabled made little progress; the mayor's office in Recife
(Brazil's sixth largest city) conducted a survey of 30 public
buildings, finding none with adequate access for the
handicapped.
Section 6  Worker Rights
     a.  The Right of Association
The Labor Code provides for union representation of all workers
(excepting military, military police, and firemen) but imposes
a hierarchical, unitary system, funded by a mandatory "union
tax" on workers and employers.  Under a restriction known as
"unicidade" (one per city), the Code prohibits multiple unions
of the same professional category in a given geographical
area.  The 1988 Constitution freed workers to organize new
unions out of old ones without prior authorization from the
Government but retained other provisions of the old Code.
Elements of Brazil's labor movement and the International
Confederation of Free Trade Unions (ICFTU) criticize the
retention of unicidade and the union tax.
In practice, unicidade has proven less restrictive in recent
years, as more liberal interpretations of its restrictions
permitted new unions to form and--in many cases--to compete
with unions and federations that had already enjoyed official
recognition.  The sole bureaucratic requirement for new unions
is to register with the Ministry of Labor which, by judicial
decision, is bound to receive and record their registration.
The primary source of continuing restriction is the system of
labor courts, which retain the right to review the registration
of new unions and to adjudicate conflicts over their
formation.  Otherwise, unions are independent of the Government
and of political parties.
Approximately 20 to 30 percent of the Brazilian work force is
organized, with just over half of this number affiliated with
an independent labor central.  Intimidation of rural labor
union organizers by landowners and their agents continues to be
a problem (see Section 1.a.).
The Constitution provides for the right to strike (excepting,
again, military, police, and firemen, but including other civil
servants).  Enabling legislation passed in 1989 stipulates that
essential services must remain in operation during a strike and
that workers must notify employers at least 48 hours before
beginning a walkout.  The Constitution prohibits government
interference in labor unions but provides that "abuse" of the
right to strike (such as not maintaining essential services, or
failure to end a strike after a labor court decision) is
punishable by law.
Federal police, federal customs inspectors, bankworkers,
autoworkers, oilworkers, teachers, and federal and state
government employees went on strike in 1994.  Formerly, the
courts ruled virtually automatically that strikes were abusive;
in recent years, however, the courts have applied the law with
more discretion.  The 1989 strike law prohibits dismissals or
the hiring of substitute workers during a strike, with certain
exceptions, provided the strike is not ruled abusive.
Although the law makes no provision for a central labor
organization, three major groups have emerged:  the Sole
Workers Central (CUT), the General Workers Confederation (CGT),
and Forca Sindical.  The centrals do not have legal standing to
represent professional categories of workers, but all three
centrals can effectively acquire such standing by affiliating
with existing statewide federations or nationwide
confederations, or by forming new federations and
confederations, challenging the old structure.  The status of
the federations and confederations created since 1991 remains
in doubt, however, as a result of a challenge in the labor
courts by the old organizations.
Unions and centrals freely affiliate with international trade
union organizations.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right to organize.  With some
government assistance, businesses and unions are working to
expand and improve mechanisms of collective bargaining.  The
scope of issues legally susceptible to collective bargaining is
narrow, however, and the labor court system exercises normative
powers with regard to the settlement of labor disputes, thus
discouraging direct negotiation.  Existing law charges these
same courts, as well as the Labor Ministry, with mediation
responsibility in the preliminary stages of dispute
settlement.  In many cases, free negotiations set wages; labor
court decisions set them in others.  The International Labor
Organization (ILO) notes that important differences in wages
continue to exist to the detriment of women and blacks,
particularly in the rural sectors (see Section 5).  Beginning
in 1990, the Federal Government attempted to control salary
increases in order to limit inflation.  After introducing the
new currency unit and an economic stabilization plan in
mid-1994, the Government took an active role in auto industry
negotiations to minimize the negative effect of a wage
settlement on the economy.
The Constitution incorporates a provision from the Labor Code
which prohibits the dismissal of employees who are candidates
for or holders of union leadership positions.  Nonetheless,
dismissals take place, with those dismissed required to resort
to a usually lengthy court process for relief.  In general, the
authorities do not effectively enforce laws protecting union
members from discrimination.  Union officials estimate that
only 5 percent of such cases reaching the labor court system
are resolved within days through a preliminary judicial order.
The other 95 percent generally take 5 to 10 years (and
sometimes more) to resolve.
Labor law applies equally in the free trade zones.  However,
the unions in the Manaus free trade zone, like rural unions and
many unions in smaller cities, are relatively weaker vis-a-vis
industry as compared to unions in the major industrial centers.
     c.  Prohibition of Forced or Compulsory Labor
Although the Constitution prohibits forced labor, there were
credible reports of forced labor in many parts of Brazil.  The
Federal Government admits that existing enforcement resources
are inadequate.  In 1994, the Catholic Church's Pastoral Land
Commission denounced 29 cases of forced labor, involving a
total of 19,940 workers, an increase from the 16,442 reported
in the previous year.  The CPT reported cases of forced labor
in 12 different states, including many Guarani Indians in Mato
Grosso do Sul.  Forced labor is common on farms producing
charcoal for use in the iron foundries and steel industries,
and in the sugar industry (see also Section 6.d.).
State and federal authorities have generally not conducted
timely investigations of reports of compulsory labor, claiming
lack of resources.  Local police admit that overseers or owners
of many farms withhold pay from migrant laborers and use force
to retain and intimidate them, but the jurisdiction for such
violations falls to the Ministry of Labor, which has only 2,300
inspectors for all Brazil.  Labor organizations alleged that in
mining and the rural economy thousands of workers, including
minors, are hired on the basis of false promises, subjected to
debt bondage, with violence used to retain or punish workers
who attempt to escape.
The Labor Ministry conducted investigations at the 29 alleged
sites of forced labor the CPT reported to the International
Labor Organization, and said it found no proof of forced
labor.  The inspectors, however, did report violations of the
Labor Code and subhuman working conditions.  The CPT noted that
the delay--in some cases years--in investigating these sites,
and the fact that employers were often alerted before the
arrival of inspectors, made confirmation of forced labor
unlikely, emphasizing the need for timely, surprise
inspections.  In March the Labor Ministry issued regulations to
guide inspectors in documenting forced labor, but NGO's and
federal prosecutors report that enforcement remains a problem.
     d.  Minimum Age for Employment of Children
The minimum working age under the Constitution is 14 years,
except for apprentices.  Judges can authorize employment for
children under 14 years of age when they feel it appropriate.
The authorities rarely enforce legal restrictions intended to
protect working minors under age 18, however, and the problem
is widespread.  The law requires permission of the parents or
guardians for minors to work, and they must attend school
through the primary grades.  The law bars all minors from night
work, work that constitutes a physical strain, and employment
in unhealthful, dangerous, or morally harmful conditions.
Despite these legal restrictions, official figures state that
nearly 3 million 10- to 14-year-old children (or 4.6 percent of
the work force) were employed.  Many children are forced to
work along side their parents in cane fields, cutting hemp, or
feeding wood into charcoal ovens; frequent accidents, unhealthy
working conditions, and squalor are common in these cases.  At
sawmills in the state of Rondonia, 20 teenagers lost fingers or
suffered other accidents but were not entitled to compensation
because they were employed illegally.
Independent shoe manufacturers in Franca (Sao Paulo state)
continue to employ thousands of children under age 14, in
violation of the law.  Public prosecutors brought suit in
November against five major Franca shoe manufacturers for
illegally subcontracting work which led to the exploitation of
child labor.  Sugar cane growers illegally employ children and
adolescents from 7 to 17 years of age, many cutting cane with
machetes.  Specific reports of minors working illegally also
involve orange growers in Sao Paulo, street vendors in Rio de
Janeiro and Sao Paulo, and mining and logging industries in the
Amazon region.
The Ministry of Labor is responsible for enforcement of child
labor laws, but it has too few inspectors to do so
effectively.  The widely held view that it is better for minors
to work than to be involved in street crime also hampers
enforcement efforts.
     e.  Acceptable Conditions of Work
Prior to July, the Government adjusted the national minimum
wage every month.  With the midyear introduction of the
economic stabilization plan, it set the minimum wage at $83
(70 reals) per month.  The Interunion Department for
Socioeconomic Studies and Statistics estimated that the minimum
wage is less than one-fifth that necessary (based on a standard
set by the 1988 Constitution) to support a family of four.  The
most recently available national survey (for 1990) showed that
35 percent of economically active individuals, including minors
from 10 to 14 years of age, earned no more than the minimum
wage.  Many workers, particularly outside the regulated economy
and in the northeast, reportedly earned less than the minimum
wage.
The 1988 Constitution limits the workweek to 44 hours and
specifies a weekly rest period of 24 consecutive hours,
preferably on Sundays.  The Constitution expanded pay and
fringe benefits and established new protections for
agricultural and domestic workers; however, the Government does
not enforce all of these provisions.
Unsafe working conditions are prevalent throughout Brazil.
Incomplete figures from the Government's Social Security
Administration for workplace accidents and fatalities in 1993
showed 412,293 reported accidents; 3,110 resulted in fatalities
and 16,875 caused permanent disabilities.  Fundacentro, part of
the Ministry of Labor, sets occupational health and safety
standards.  However, the Ministry has insufficient resources
for adequate inspection and enforcement of these standards.
There were also credible allegations of corruption within the
enforcement system.  If a worker has a problem in the workplace
and has trouble getting relief directly from his employer, he
or his union can file a claim with the regional labor court,
although in practice this is frequently a cumbersome,
protracted process.
The law requires employers to establish internal commissions
for accident prevention in workplaces.  The law protects
employee members of these commissions from being fired for
commission activities.  Such firings, however, do occur, and
legal recourse usually requires years for resolution.
BRUNEI1
MTITLE:  BRUNEI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             BRUNEI
Brunei Darussalam, a small, wealthy monarchy located on the
north coast of Borneo, is a sultanate ruled by the same family
for 600 years.
The 1959 Constitution provided for the first delegation of
political power by former Sultan Omar Ali Saifuddin to an
appointed council of state, but in 1962 the Sultan invoked an
article of the Constitution that allowed him to assume
emergency powers for 2 years.  These powers have been regularly
renewed, most recently in September by the current Sultan.
Although not all of the articles of the Constitution are
suspended, the state of emergency places few limits on the
Sultan's power.  He also serves as Prime Minister, Minister of
Defense, dean of the national university, and chief religious
leader.
The police force, which has responsibility for internal
security, reports to the Prime Minister's office and is firmly
under the control of civil authorities.
Brunei's large oil and natural gas reserves, coupled with its
small population, give it one of the world's highest per capita
gross national products.
Human rights in Brunei remain broadly circumscribed.  In
practice, citizens do not have the right to change their
government and they generally eschew political activity of any
kind, knowing that the Government and ruler will disapprove
such activity and may punish them.  Nor, constitutional
provisions notwithstanding, do they genuinely exercise the
freedoms of speech, press, and association.  Other human rights
abuses, including discrimination against women and restriction
of religious freedom, continued in 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The media occasionally report on allegations of police
mistreatment of prisoners, but these reports cannot be
verified.  In 1988 caning became mandatory punishment for 42
criminal and drug-related offenses and for vandalism.  Since
then, sentences of whipping have been handed down and carried
out in the presence of a doctor who monitors implementation and
has the authority to interrupt and postpone the punishment for
medical reasons.  Reportedly, as many as 50 offenders per year
are caned.
     d.  Arbitrary Arrest, Detention, or Exile
While the law provides for a prompt judicial determination of
the validity of an arrest detention, those provisions, like the
Constitution itself, may be superseded, either partially or
wholly, through invocation of the emergency powers.  Moreover,
the Internal Security Act (ISA) permits the Government to
detain suspects without trial for renewable 2-year periods.
The Government occasionally has used the ISA to detain persons
suspected of antigovernment activity, but apparently did not do
so in 1994.
Police officers have broad powers to make arrests without
warrants.  However, under normal circumstances, a magistrate
must endorse a warrant for arrest.  Warrants are issued without
this endorsement on rare occasions, such as when police are
unable to obtain the endorsement in time to prevent the flight
of a suspect.
A person detained under the ISA was released in April following
his pledge of loyalty to the Sultan.
     e.  Denial of Fair Public Trial
The Bruneian judicial system consists of five levels of courts,
with final recourse available through the Privy Council in
London.  Procedural safeguards include the right to defense
counsel, the right to an interpreter, the right to a speedy
trial, and the right to confront accusers.  There were no known
instances of government interference with the judiciary in 1994
and no trials of political opponents.
A few political prisoners, probably "returnees" (individuals
who participated in the 1962 rebellion, fled the country, and
subsequently returned), are still in prison because of their
role in the rebellion and their alleged refusal to renounce
violence and pledge loyalty to the Sultan.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although the law permits government intrusion into the privacy
of individual persons, families, or homes, this rarely
happens.  There are sporadic reports of mail having been opened
prior to delivery.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
While no law restricts freedom of speech and freedom of the
press, the Government frequently censored international
newspapers and periodicals by removing or blacking out articles
or photographs found to be objectionable, particularly those
potentially embarrassing to Brunei's royal family, critical of
the Government or the Sultan, or those judged sexually or
morally improper by censors.  The University of Brunei
Darussalam (UBD) dismissed an expatriate professor in 1994 for
writing articles which Bruneian officials deemed objectionable.
However, the growing use of facsimile machines and access to
satellite transmissions make it increasingly difficult to keep
such material from entering Brunei.  The independently owned
local newspaper practices self-censorship by avoiding issues it
knows the Government would object to.
The only television station is government owned.  It receives
two Malaysian television channels and several channels of a
Hong Kong-based network, including the Cable News Network and
the British Broadcasting Corporation news programs, which it
rebroadcasts locally on the UHF band.  Because of the almost
total absence of criticism or opposing views, the Government's
tolerance of political criticism has not been effectively
tested recently.  In the past it has not hesitated to arrest on
national security grounds those who attempted to propagate
unwelcome political views.
     b.  Freedom of Peaceful Assembly and Association
Freedom to assemble for political purposes also has not been
seriously tested in recent years.  Following the 1967 ban on
political parties, the Government allowed two parties to form
in 1985 and 1986.  The Government severely restricted
membership in both parties, disbanding one of them in 1988.
The other political party, the Brunei National Solidarity
Party, lingers on with a few dozen members.
     c.  Freedom of Religion
The Constitution states, "The religion of Brunei Darussalam
shall be the Muslim religion according to the Shafeite sect of
that religion:  provided that all other religions may be
practiced in peace and harmony by the person professing them in
any part of Brunei Darussalam."  In 1991 the Government began
to reinforce the legitimacy of the hereditary monarchy and the
observance of traditional Bruneian and Muslim values by
reasserting a national ideology known as the Malaya Islam
Beraja (MIB) or "Malay Muslim monarchy," the genesis of which
reportedly dates back to the 15th century.
The resulting Islamization of Bruneian society has created a
variety of impediments to the full and unconstrained exercise
of religious freedom called for in the Constitution and in the
1993 Kuala Lumpur Declaration.  The Government in 1993
participated in issuing the Kuala Lumpur Declaration, which
confirms the right of all persons to a wide range of human
rights, including freedom of religion.  Despite this, and
constitutional provisions, the Government routinely restricts
the practice of non-Muslim religions by:  prohibiting
proselytizing; occasionally denying entry to foreign clergy or
particular priests, bishops, or ministers; banning the
importation of religious teaching materials or scriptures such
as the Bible; and refusing permission to expand, repair, or
build new churches, temples, and shrines.
The Ministry of Education has also restricted the teaching of
the history of religion or other courses in religion in
non-Islamic schools while requiring courses on Islam or the MIB
in all schools.  Only the International School, which Bruneian
citizens or permanent residents generally are not permitted to
attend, is exempted from these restrictions.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government restricts the movement of former political
prisoners during the first year of their release.  Otherwise,
it generally does not restrict freedom of movement for most
citizens, permanent residents, and other foreigners.  The
Government places some contractual restrictions on foreign
travel for certain expatriate employees, but this is limited to
the first year of the contract.  Although Brunei has not been
willing to accept asylum seekers, it has agreed in principle,
and subject to certain reservations, to the Comprehensive Plan
of Action adopted by the 1989 International Conference on
Indochinese Refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Bruneian citizens are unable to change their government through
established democratic processes.  Under the continuing state
of emergency, there is no parliament, and political authority
and control rests in the hands of the ruling monarch.
Individual citizens may seek to express their views or
influence government decisions and policies by petitioning the
Sultan or handing him letters when he appears in public.
The only form of popular representation lies in a traditional
system of village chiefs who, since 1992, are elected by secret
ballot by all adults.  These leaders communicate constitutents'
wishes through a variety of channels, including periodic
meetings, chaired by the Home Affairs Minister, with several
officials appointed by the Sultan.
Substantial numbers of women serve at the junior and middle
levels of Brunei's large government bureaucracy.  Nevertheless,
at higher levels of the bureaucracy a clear pattern of
discrimination exists.  Since independence, no woman has been
appointed to head a ministry, and women continue to be passed
over despite the fact that there are by now a number of
well-qualified candidates for promotion to positions at
permanent secretary and deputy minister levels.  A woman now
serves as an intermediate court judge, the highest judicial
position held by Bruneians.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no government or private organizations in Brunei that
deal specifically with the protection of human rights.  Given
the tight restrictions on freedom of speech and press and the
Government's unwillingness to tolerate criticism, any group or
individual attempting to investigate and report publicly on
human rights issues would face severe constraints.  There were
no known allegations of abuses or requests to visit by
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
In accordance with Koranic precepts, women in Brunei are denied
equal status with men in a number of important areas, such as
divorce, inheritance, and custody of children.  Under the
Brunei Nationality Act, citizenship is passed on through males
only.  Female citizens of Brunei who are married to foreigners
or bear children by foreign fathers cannot pass on Bruneian
citizenship to their children, even when such children are born
in Brunei.  This has resulted in creation of a sizable
population of stateless children, estimated at more than 5,000
residents, who are entitled to live in Brunei and be documented
for travel by the Government, but who cannot enjoy the full
privileges of citizenship, including the right to own land.
Although men are eligible for permanent positions in government
service whether or not they hold university degrees, women who
do not have university degrees are eligible to hold government
positions only on a month-to-month basis.  While recent changes
eliminated some previous inequities, women in month-to-month
positions continue to receive slightly less annual leave and
fewer allowances than their male and female counterparts in
permanent positions.
Religious authorities strongly encourage Brunei Muslim women to
wear the tudong, a traditional head covering, and many women do
so.  Some Muslim women do not, however, and there is no
official pressure on non-Muslim women to do so.  All female
students in government-operated schools are required to wear
the tudong, however, while students in nongovernment schools
are officially encouraged to wear it.
The extent to which spousal abuse may occur and go unreported
is not known.  However, in response to a growing perception
that domestic violence is a serious problem, the police
established a special unit to investigate allegations of
spousal abuse in October.  Approximately 20 cases of domestic
abuse were reported to police in the first half of 1994.  The
Government has established a shelter for abused women, and
reportedly there were three residents there in 1994.
The criminal penalty for a minor domestic assault is 1 to 2
weeks in jail and a fine.  An assault resulting in serious
injury would be punished by caning and a longer jail sentence.
One area of apparent abuse involves female domestic servants.
While the level of violence in Bruneian society is low, there
is less taboo about the beating of servants--or refusing them
the right to leave the house on days off, sometimes on grounds
that they "might encounter the wrong company."  Since most
female domestics are foreign workers who are highly dependent
on their employers, those subject to abuse may be unwilling or
unable to bring complaints, either to Bruneian authorities or
to their governments' embassies in Brunei.  When such
complaints are brought, however, the Government is generally
quick to investigate allegations of abuse and impose fines and
punishment as warranted.
There are no separate pay scales for men and women, and in
recent years there has been a major influx of women into the
work force.  Women serve in a wide variety of capacities in
Brunei's armed forces, although they may not serve in combat.
The number of female university graduates is increasing, and
nearly two-thirds of UBD's entering class is female.
     Children
There are no published statistics regarding the welfare of
children.  The strong commitment to family values within
society, the high standard of living, and government funding
for children's welfare provides most children a healthy and
nurturing environment.  With a few exceptions involving small
villages in extremely remote areas, nutritional standards are
high and poverty is almost unknown.  Instances of child abuse
appear low, and child prostitution seems to be nonexistent.
     Indigenous People
The 6 percent of Brunei's population that is composed of
indigenous peoples has long been integrated into Bruneian
society, and enjoys the same rights as other citizens.
     National/Racial/Ethnic Minorities
Some members of non-Malay minorities, such as ethnic Chinese,
including those born and raised in Brunei, are not
automatically accorded citizenship and must travel abroad as
stateless persons.
     People with Disabilities
While no legislation mandates accessibility or other assistance
to disabled persons, they are well integrated into Brunei
society and the workplace, due mainly to past and ongoing
efforts of the Government and associations to raise public
consciousness.
Section 6  Worker Rights
     a.  The Right of Association
Trade unions are legal in Brunei but must be registered with
the Government.  There are three generally inactive registered
trade unions, all of them in the oil sector, with a total
membership amounting to less than 5 percent of that industry's
work force.  All workers, including civil servants other than
those serving in the military and police, may form or join
trade unions.  Unions are independent of the Government.  The
Trade Unions Act of 1962 permits the formation of trade union
federations in Brunei but forbids affiliation with labor
organizations outside Brunei.  An individual contract is
required between an employer and each employee, but legal trade
union activities cannot be deemed to violate employee
contracts.  Local legal experts interpret this provision as
conferring the right to strike, but there have been no
strikes.  Brunei is not a member of the International Labor
Organization.
     b.  The Right to Organize and Bargain Collectively
The Government has not prevented the legal registration of
trade unions, nor has it dissolved any.  The Government did not
interfere with lawful union activity.  It is illegal to refuse
employment or discriminate against an employee on the basis of
membership or nonmembership in a trade union.  While unions are
legal and easy to register, conditions in Brunei are not
conducive to the development of trade unions.  There is little
interest on the part of workers in forming trade unions, and
existing unions are not very active.  Brunei law is silent on
collective bargaining, and it occurs in only a few industries.
There are few industries of the kind in which unions have
traditionally developed.  Also, cultural tradition favors
consensus over confrontation.  Wage and benefit packages are
based on market conditions and tend to be generous.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and it is not practiced.
     d.  Minimum Age for Employment of Children
Chapter XI of the Labor Enactment Laws of 1954 prohibits
employment of children below the age of 16.  Parental consent
and approval by the Labor Commission is required for those
below the age of 18.  Women under 18 may not work at night or
on offshore oil platforms.  The Department of Labor (DOL),
which is a part of the Ministry of Home Affairs, effectively
enforces laws on the employment of children.  There were no
reports of violations of the child labor laws in 1994.
     e.  Acceptable Conditions of Work
Skilled labor is in short supply, and market forces enable most
citizens of Brunei to command good salaries.  Brunei has no
minimum wage.  The standard workweek is Monday through Thursday
and Saturday, with Friday and Sunday off, allowing for two
24-hour rest periods each week.  Overtime is paid for work in
excess of 48 hours a week, and double time is paid for work
performed on legal holidays.  Occupational health and safety
standards are established by government regulations.  The DOL
inspects working conditions on a routine basis and in response
to complaints.  The DOL generally enforces labor regulations
effectively.  However, in the unskilled labor sector
enforcement is lax, especially for foreign laborers.  The DOL
is empowered to close any workplace where health, safety, or
working conditions are unsatisfactory, and it has done so in
the past.
BULGARIA1
jTITLE:  BULGARIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            BULGARIA
Bulgaria is a parliamentary republic ruled by a democratically
elected government.  President Zhelyu Zhelev, former chairman
of the Union of Democratic Forces (UDF), was elected in 1992 to
a 5-year term in the country's first direct presidential
elections.  Prime Minister Lyuben Berov, who headed the
government after the fall of the UDF government in 1992, lacked
a stable parliamentary majority during 1993 and 1994 and was
forced to depend on the Bulgarian Socialist Party (BSP), heir
to the Communist party, for much of his support.  Nevertheless,
he resigned in September.  When the sitting parliament failed
to form a new cabinet, President Zhelev dissolved the
Parliament, called for new parliamentary elections in December,
and appointed a caretaker Government for the interim.  Results
of the December 18 elections gave the BSP an absolute majority
in Parliament.
Most security services are the responsibility of the Ministry
of the Interior, which controls the police, National Security
Service (NSS--civilian counterintelligence), internal security
troops, border guards, and special forces.  The President
oversees the National Intelligence Service (foreign
intelligence).  In June Parliament passed a bill regulating NSS
activities.  There were some allegations of police abuse toward
Roma.
The transformation of a centrally planned economy into a
market-oriented system has been retarded by continued political
and social resistance.  The service and consumer goods sectors
in private hands continued to grow, but progress in the
privatization of large and medium-sized state enterprises was
very slow.  Integration with Western security and economic
structures continued, and an association agreement with the
European Union entered into force.  The Government reached
agreement with its commercial creditors to restructure
$8 billion of defaulted commercial debt, concluded a standby
agreement with the International Monetary Fund, and negotiated
structural adjustment loans with the World Bank.
The Government generally respected freedom of speech, press,
association, assembly, and travel, but xenophobia, nationalism,
and antiethnic expression grew markedly among the population at
large.  Government actions and the rising level of public
intolerance significantly interfered with the activities of
some non-Eastern Orthodox religious groups.  Police beatings of
Roma during arrest continued, albeit on a reduced scale; there
were no reports that the Government tried and convicted any of
the perpetrators.  Private citizens increasingly attacked Roma
and other minority groups.  The Constitution's provisions
against ethnically based political parties continued to hamper
political expression.  Parliament, over President Zhelev's
objections, passed a judicial reform bill which could have
resulted in removal from office of the sitting Chief Prosecutor
and Chief Justice of the Supreme Court, a move eventually
blocked by a Constitutional Court decision.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
According to human rights observers and journalists, the body
of a Pazardzhik resident who died while in police custody
following an August roundup of suspected criminals in that town
showed traces of beating on the head and body and burn marks on
the genitals.  The man died 2 days after his detention during
the roundup, which was carried out by police from Sofia and
several other regions of the country.  Police and one human
rights group have initiated an investigation.
On September 25, a detainee died 1 day after being taken into
custody by the regional police department of Pleven.  The death
is attributed to anemia, embolism, and hematoma on the death
certificate; however, a witness told a human rights
nongovernmental organization (NGO) that the body displayed
facial injuries.  The family of the deceased plans to pursue
the case by requesting an investigation, and police have
indicated that they would be cooperative.
A police investigation of a 1993 incident in which police
allegedly beat three escaped prisoners upon recapture,
initiated in January by the Sofia prosecutor's office, was
referred to the National Investigative Service in September for
further investigation.  Two of the prisoners in that incident
were reportedly beaten to death.  The police have generally
refused the requests of human rights groups to make reports of
its investigations public.  The climate of impunity that the
Government allows to prevail is the single largest obstacle to
ending such abuses.
     b.  Disappearance
There were no reported instances of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution expressly prohibits torture, cruel, inhuman,
or degrading treatment, forcible assimilation, and subjection
to medical, scientific or other experimentation without consent.
There continued to be a number of credible reports, although
fewer than during 1993, that police beat Roma upon arrest or
during other confrontations.  Human rights groups also
complained of police brutality directed at non-Roma citizens.
To date, the Government has failed to convict and punish any
police personnel for brutality against civilians.
Conditions in some prisons are substandard, although they do
not appear to threaten life or health.  Prisoners' complaints
continued to receive media coverage, which in some cases
resulted in improved treatment.  The Government cooperated with
requests by NGO's to monitor prison conditions.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for access to legal counsel from the
time of detention.  Judicial authorities must rule on the
legality of a detention within 24 hours.  Defendants have the
right to visits by family members, to examine evidence, and to
know the charges against them.  Charges may not be made public
without the permission of the Chief Prosecutor.  Pretrial
detention is limited to 2 months under normal circumstances,
although the Chief Prosecutor may extend this to 6 months and
may also restart the process.
About 30 percent of Bulgaria's approximately 8,500 prison
inmates are in pretrial detention.  In the event of a
conviction, time spent in pretrial detention is credited toward
the sentence.  The Constitution provides for bail, and some
detainees have been released under this provision, although
bail is not widely used.  Neither internal nor external exile
is used as a form or punishment.
     e.  Denial of Fair Public Trial
The Constitution grants the judiciary independent and coequal
status with the legislative and executive branches.  The court
system consists of regional courts, district courts, and the
Supreme and Constitutional Courts.  A 25-member Supreme
Judicial Council appoints judges who, after serving for
3 years, are assured of tenure, except under limited, specified
circumstances.
The Constitutional Court is empowered to rescind legislation it
considers unconstitutional, settle disputes over the conduct of
general elections, and resolve conflicts over the division of
powers between the various branches of government.  Of the
12 justices on the Constitutional Court, whose term of office
is 9 years, a third are elected by the National Assembly, a
third appointed by the President, and a third elected by
judicial authorities.  Military courts handle cases involving
military personnel and some cases involving national security
matters.  The Constitutional Court does not have specific
jurisdiction in matters of military justice.
The Constitution stipulates that all courts shall conduct
hearings in public unless the proceedings involve state
security or state secrets.  In one case, the defense lawyer for
indicted mayor Yusuf Djudjo complained he had been given
inadequate access to witnesses (see below).  Defendants have
the right to know the charges against them and are given ample
time to prepare a defense.  The right of appeal is guaranteed
and widely used.  Defendants in criminal proceedings have the
right to confront witnesses and to have an attorney, provided
by the State, if necessary, in serious cases.
In June Parliament passed a judicial reform bill which
established separate Supreme Courts of Cassation (civil and
criminal appeal) and Administration.  Nearly all observers
welcomed the law's comprehensive reforms as improvements in the
judicial system, consistent with the Constitution.  However,
several elements proved controversial, particularly one
establishing the requirement that high-level judicial figures,
including the Chief Prosecutor, the Director of the National
Investigative Service, and the Presidents of the Supreme Courts
have not only 15 years' experience within the legal system but
also 5 years' experience as a judge, prosecutor, investigator,
or law researcher with academic rank.  In effect, this
requirement disqualified anyone who had not held such positions
under the Communist regime, including sitting Chief Justice of
the Supreme Court Ivan Grigorov and Chief Prosecutor Ivan
Tatarchev.  Parliament by a majority vote overruled President
Zhelev's objection to this provision.  The President then
petitioned the Constitutional Court for a ruling.  The Court
held that Grigorov and Tatarchev could not be removed from
office, but that the experience requirement was otherwise valid
and would apply to future selections for these posts.
Most observers agreed that the judiciary, while generally
independent, struggled with continuing problems in 1994.  In
addition to the confusion created by the reform bill, it is
plagued by relatively low salaries, many unfilled positions,
and a heavy backlog of cases which sparked complaints that
pretrial detention is excessively lengthy.  Partly as a legacy
of communism, and partly because of the court system's
structural and personnel problems, most citizens have little
confidence in their judicial system.
A number of criminal cases against former leaders for alleged
abuses during the Communist period were carried forward in
1994.  In January a Supreme Court panel upheld the 1992
conviction of former dictator Todor Zhivkov for abuse of power
involving personal expense accounts and state privileges.
Zhivkov's sentence was upheld by one review panel but remains
suspended pending further supervisory review by the Supreme
Court.  A second case begun in 1993 involving a charge of
embezzlement for giving grant aid to Communist parties in other
countries (the "Moscow case") moved forward slowly.  In another
case, 43 former high-level Communists were indicted in 1994 for
having given grant aid during the 1980's to then friendly
governments in the developing world such as Cuba, Angola, and
Libya.  Some human rights observers criticized these and
previous indictments, asserting the activities in question were
political and economic in nature, not criminal acts.  The Chief
Prosecutor responded that the transfer of funds had been
carried out without parliamentary approval and was thus
illegal.  President Zhelev in August pardoned on grounds of ill
health former Prime Minister Georgi Atanasov, convicted in 1993
of embezzlement of state funds, and he was released from
prison.  Former Minister of Economy and Planning Stoyan
Ovcharov, convicted on the same charge, remained in prison.
Little progress was made in a case begun in 1993 concerning the
forced assimilation and expulsion of ethnic Turks in 1984-85
and 1989.  Human rights groups complain that local prosecutors
and magistrates sometimes fail vigorously to pursue crimes
committed against minorities.  In a trial relating to the
notorious death camps set up by the Communists after they came
to power in 1944, 3 defendants were charged with the murder of
14 camp inmates.  A key witness in the case was murdered in
September, and some speculated that her murder was intended to
frustrate the prosecution of the case.  Police authorities
initiated an investigation.  The trial, itself, has been
delayed further while replacements are found for two jurors.
A controversial 1992 "lustration" act ("Law for Additional
Requirements Toward Scientific Organizations and the Higher
Certifying Commission") known as the "Panev law" continued in
effect in 1994.  Under this law, former secretaries and members
of Communist party committees are barred from positions as
academic council members, university department heads, deans,
rectors, and chief editors of science magazines.  By one
conservative estimate, a total of 1,637 people have lost
positions in academic institutions alone due to application of
the Panev Law.  The Act applies a presumption of collective
guilt that conflicts with international human rights standards.
In October 1993, a local prosecutor removed Satovcha mayor
Yusuf Djudjo from office on charges that he had falsified
official documents and abused his administrative powers by
intimidating Pomaks (Muslims of Slavic ancestry).  The charge
of intimidation was later dropped for lack of evidence, but
Djudjo was convicted in 1994 on the charge of falsifying
documents and given a suspended sentence.  An examination of
the documents in question suggests that the changes made were
minor and without significant ethnic implication, e.g.,
changing the name "Asan" to "Hasan," or "Ibraimova" to
"Ibrahimova."  Despite protests by Djudjo's lawyer that he had
inadequate access to witnesses, the Supreme Court upheld
Djudjo's conviction.  Human rights groups, including Amnesty
International, protested that the proceedings showed clear bias
against the defendant.  They also complained that provisions in
the Penal Procedural Code give prosecutors the right to remove
appointed and elected officials, who have little satisfactory
recourse.
Bulgaria has no political prisoners, although it appears that
political motives lie behind some indictments of former
Communist leaders on a variety of charges.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for inviolability of the home,
protects the freedom and confidentiality of correspondence, and
provides for the right to choose one's place of work and
residence.  Parliament passed a bill in June regulating the
activities of the NSS, which is responsible for civilian
counterintelligence.  The law allows the Interior Minister to
authorize electronic surveillance for up to 24 hours without
informing other government agencies, if he determines there is
imminent danger to national security.  Some human rights groups
asserted that the Government has carried out unjustified
surveillance of religious groups and of the outlawed Macedonian
group UMO-Ilinden (see Section 2.b.).  Labor leader Krustyo
Petkov charged that security services monitored union
activities during the period before a threatened general strike
in May.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution prohibits censorship of the press and mass
media, and the Government generally respected this prohibition.
The variety of newspapers published by political parties and
other organizations represented the full spectrum of political
opinion, and foreign newspapers circulated without hindrance.
A notable degree of self-censorship exists in the press among
journalists who believe they must conform to what are often
heavily politicized editorial views.  Large financial groups
hold controlling interests in many nominally independent
national dailies and in some cases intervened directly to
control editorial content.
Following an October 1993 newspaper article which accused a
high-level prosecutor of using his position to acquire an
apartment at a low price, the Chief Prosecutor issued a warrant
to begin an investigation of the case.  The Union of Bulgarian
Journalists and human rights groups complained the warrant did
not specify charges and amounted to an effort to intimidate the
press.  On March 31, the Sofia Regional Court terminated the
case for technical reasons, effectively closing the case.  In
November, the press reported, the Chief Prosecutor's Office
began a preliminary proceeding against the editor in chief of
the Bulgarian Socialist Party's daily newspaper, charging him
with insulting the President in an earlier article.  The
President said that he did not need the "protective measures"
taken by the Chief Prosecutor's Office, and the Deputy Chief
Prosecutor characterized the action as only an "examination"
rather than a preliminary proceeding.  Nevertheless, some
observers thought the incident might have a negative effect on
freedom of the press in Bulgaria.
Most television broadcasting is in state hands and under
parliamentary supervision.  Two channels broadcast in
Bulgarian, while a third broadcasts Russian programming, and a
fourth broadcasts a mixture of Cable News Network,
international, and French-language programming.  Bulgaria's
first private television channel received a license in 1993 and
began limited broadcasting in July 1994.  Foreign government
radio programs, such as those of the British Broadcasting
Corporation and the Voice of America, had unrestricted access
to commercial Bulgarian radio frequencies.  Television and
radio news programs present opposition views but are generally
seen as being biased in favor of the Government.  There are no
formal restrictions on programming.  Some political groups
complained that coverage was one-sided, although they
acknowledged that their representatives were interviewed
regularly by media journalists.  Both television and radio
provide a variety of news and public interest programming,
including talk format and public opinion shows.
More than 30 independent radio stations are licensed in
Bulgaria.  The Government twice required Radio Aura of the
American University in Blagoevgrad to stop broadcasting, and it
complained of harassment; the Government correctly asserted
that the station was broadcasting beyond its licensed area of
operations and had never gone through the procedure to obtain
an appropriate license.  Other private stations complained that
their licenses unduly restricted the strength of their
transmissions in comparison to state-owned stations.  Some
Turkish-language broadcasting takes place.  The Government owns
all radio transmitter facilities.
Private book publishing remained active, with more than
50 publishers in business.  With the notable exception of the
Panev law described in Section 1.e., there was continued
academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to peaceful and unarmed
assembly.  Permits from municipal authorities are required for
rallies and assemblies held outdoors, and most legally
registered organizations were routinely granted permission to
assemble.  Many non-Orthodox religious groups reported
difficulties obtaining permits for outdoor assemblies as well
as for renting assembly halls.  Vigorous political rallies and
demonstrations were a common occurrence and took place without
government interference.
Bulgaria, as a member state of the Conference on Security and
Cooperation in Europe, has undertaken to respect the rights of
individuals and groups freely to establish their own political
parties or other political organizations.  Despite this
undertaking, there are constitutional and statutory
restrictions that limit the right of association and meaningful
participation in the political process.  For example, Article
44 of the Constitution prohibits organizations which threaten
the country's territorial integrity or unity or that incite
racial, ethnic, or religious hatred.  It barred a Macedonian
rights group, UMO-Ilinden, from legal registration since 1990
on the grounds that it espouses separatist views.  Police in
1994 forcibly broke up its attempts to hold public meetings.
TMO-Ilinden, a related cultural group, had its legal
registration suspended in 1993 at the request of the Chief
Prosecutor.  George Solunski, leader of this group, was
arrested in June 1993 on a charge of attempted murder for
allegedly firing a shot at a political opponent.  The murder
charge was dropped, but Solunski was kept in pretrial detention
on a charge of hooliganism until January 1994.  The case
remains open.
The Constitution forbids the formation of political parties
along religious, ethnic, or racial lines and prohibits
citizens' associations from engaging in political activity.
These restrictions were used in 1991 to challenge the
legitimacy of the Movement for Rights and Freedoms (MRF), which
has a mainly Muslim constituency.  A 1991 Constitutional Court
ruling preserved the party's legal status.  Some observers
believe the Court's ruling was definitive, while other believe
the MRF remains vulnerable to a new challenge to its legal
status.  Its right to compete in the National Assembly
elections held on December 18 was not challenged.
A Roma party, denied registration in 1991 on the grounds it was
ethnically based, chose not to challenge this stricture in
1994.  A party which professes to represent the interests of
Bulgaria's Pomak (Muslim of Slavic descent) population was
registered as a political party.  To date, its legal status has
not been challenged.
     c.  Freedom of Religion
The ability of a number of religious groups to operate freely
came under attack in Bulgaria in 1994, both as a result of
government action and because of a rising tide of public
intolerance.  Dozens of articles in a broad range of newspapers
depicted lurid and inaccurate pictures of the activities of
non-Orthodox religious groups, attributing teen suicides and
the breakup of families to the activities of these religious
groups.
The Government refused visas and residence permits for
missionaries, and some came under physical attack in the street
and in their homes.  A skinhead group attacked the Bulgarian
Church of God in Ruse during a religious service, seriously
injuring eight people.  Members of the Mormon Church complained
of continued acts of harassment, with limited, indifferent
police response.
Credible charges of police complicity were raised by a human
rights organization and the press in the April 15 shooting
death of Yordan Tsolov, an Orthodox priest in Surnitsa.
Reports differ as to why a police officer shot at the priest,
but a human rights organization cited eyewitness accounts that
material facts about the case were misreported.  To date, no
criminal proceedings have been initiated.
Parliament passed amendments to the Families and Persons Act,
tightening registration requirements for groups whose
activities had a religious element.  More than 75 groups which
had originally registered with the courts as civil
organizations were given 3 months to apply for reregistration
through the Religious Affairs Directorate.  After review by the
Directorate and the Council of Ministers, more than two-thirds
of them were denied legal registration.  Among those turned
down were a Bulgarian chapter of Gideon International, Jehovah's
Witnesses, and several Muslim groups.  Human rights groups
protested this action as unconstitutional on the grounds that it
was an executive branch revocation of a judicial branch action
and that it denied religious freedom.  Gideon International and
some other groups are reapplying, which they are free to do.
Human rights groups credibly charged that the NSS had conducted
surveillance and infiltration of religious groups, including
those legally registered.  A teacher in Karlovo was fired on
the grounds that she had proselytized students, although she
claimed she had mentioned her adherence to Jehovah's Witnesses
only after normal school hours.
The Constitution designates Eastern Orthodox Christianity as
the "traditional" religion of Bulgaria.  A number of major
religious bodies, including the Muslim and Jewish communities,
receive government financial support.  For those religious
groups that were able to maintain their registration, there
were no restrictions on attendance at religious services or on
private religious instruction.  A school for imams, a Muslim
Cultural Center, university theological faculties, and
religious primary schools operated freely.  Many new mosques
were constructed, primarily in the southern regions.  Bibles
and other religious materials in the Bulgarian language were
freely imported and printed, and Muslim, Catholic, and Jewish
publications were published on a regular basis.
The schism which opened in the Orthodox Church in 1992
persisted in 1994.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Freedom of movement within the country and the right to leave
it are constitutionally enshrined and not limited in practice,
with the exception that some areas along the border are off
limits both to foreigners and Bulgarians not resident therein.
Every citizen has the right to return to Bulgaria, may not be
forcibly expatriated, and may not be deprived of citizenship
acquired by birth.  A number of former political emigrants were
granted passports and returned to visit or live in Bulgaria.
Bulgaria pursued agreements with Poland and Germany for the
repatriation of thousands of Bulgarians illegally resident in
those countries.
Bulgarian law provides for the granting of asylum to persons
persecuted for their opinions or activities based on standards
in the 1951 Convention Relating to the Status of Refugees and
its 1967 Protocol.  Estimates of the number of illegal aliens
resident in Bulgaria range from 15,000 to 30,000.  Bulgaria
often serves as a temporary refuge for third-country nationals
seeking to travel to the West.  Approximately 600 refugees have
applied for asylum.  A Bureau of Territorial Asylum and
Refugees, established in 1993, is preparing to process
applications for refugee status.  Protests by skinhead and
local citizens' groups, however, have frustrated the Bureau's
plans to establish a refugee processing center in the Sofia
area as of November 1, and attempts to locate centers at
alternate sites in the country have likewise failed.
Approximately 100 to 150 persons fleeing the conflict in the
former Yugoslavia are resident in Bulgaria and have received
assistance from the Government and the United Nations High
Commissioner for Refugees; an estimated 1,000 to 2,000 more
have not registered officially and are staying with friends and
relatives.
BULGARIA2
QTITLE:  BULGARIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government and head of
state through the election of the President and of the members
of the unicameral National Assembly, although restrictions on
political parties based on religious, ethnic, or racial
identities have the effect of circumscribing access to the
political process (see Section 2.b.).  President Zhelyu Zhelev
was elected in 1992 in the first direct presidential
elections.
The most recent parliamentary elections took place in December
1994 when more than 40 political parties and coalitions
participated and approximately 75 percent of the electorate
voted.  The Bulgarian Socialist Party won an absolute majority
of the 240-seat Parliament, which is to be convened no later
than 1 month after its election, according to the
Constitution.  International observers commented that the vote
was conducted in accordance with free and democratic election
procedures and in a peaceful, well-organized fashion.  However,
CSCE and other observers voiced concern about the unequal
access to the mass media for all political parties,
particularly to television.
The Constitution provides for elections by secret ballot.  The
240 parliamentary deputies are elected by a proportional system
from party lists.  Their term is for 4 years, although the
Constitution provides for preterm elections if Parliament is
unable to agree on a government.  Suffrage is universal at the
age of 18.  A distinct separation of powers exists between the
Government (Prime Minister and Council of Ministers) and the
President, who is Chief of State.  The President has limited
powers and is elected for a term of 5 years.
There are no restrictions in law on the participation of women
in government.  A number of women held elected and appointed
office at high levels; the Prime Minister of the preelection
caretaker Government and a Deputy Prime Minister, who also
served as Finance Minister, were women.  However, women held
only 15 percent of the seats in the most recent Parliament and
no Cabinet-level positions in the Berov government.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local and international human rights groups operate freely.
Among these is the Bulgarian Helsinki Committee, founded in
1992 and formally affiliated with the international Helsinki
organization in 1993.  A separate group, called Helsinki Watch,
is not affiliated with the International Helsinki Federation.
Another group, the Human Rights Project, actively investigated
police-Roma clashes and made efforts to work with the Ministry
of the Interior and local officials.  The Government did not
interfere with the work of NGO's and human rights groups,
although it was often reluctant to provide information or
active cooperation.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for individual rights, equality, and
protection against discrimination, but in practice
discrimination still exists, particularly against women and
Roma.
     Women
The Constitution forbids privileges or restrictions of rights
on the basis of sex.  However, women face discrimination both
in terms of recruitment for employment and the likelihood of
layoffs.  Official figures show the rate of unemployment for
women to be higher than that for men, and this gap appears to
be widening.  While women are equally likely to attend
university, some single mothers report difficulty in finding
housing, either for financial reasons or because their needs
are perceived to be less compelling.  Women, in the main,
continue to have primary responsibility for child-rearing and
housekeeping even if they are employed outside the home.
The courts prosecute rape, although it remains an underreported
crime because some stigma still attaches to the victim.  The
maximum sentence for rape is 8 years; convicted offenders often
receive a shorter sentence or early parole.  Marital rape is a
crime but rarely prosecuted.  Human rights and women's groups
say that domestic abuse is a serious problem, but there are no
figures, official or otherwise, on its occurrence.  Courts and
prosecutors tend to view domestic abuse as a family rather than
criminal problem, and in most cases victims of domestic
violence take refuge with family or friends rather than
approaching the authorities.  No government agencies provide
shelter or counseling for such individuals, and there are no
active programs to address the problem.
Many of the approximately 30 women's organizations in Bulgaria
are closely associated with political parties or have primarily
professional agendas.  Of those which exist mainly to defend
women's interests, the two largest are the Women's Democratic
Union of Bulgaria, heir to the group that existed under the
Zhivkov dictatorship, and the Bulgarian Women's Association,
which disappeared under communism but has now reemerged and has
chapters in a number of cities.
     Children
The Government appears to be committed to protecting children's
welfare.  It maintains, for example, a sizable network of
orphanages throughout the country.  Groups that exist to defend
the rights of children charge that an increasing number of
children are at serious risk because the Government's social
insurance payments fall farther behind inflation and are often
disbursed as much as 6 months late.
The vast majority of some 2 million children are free from
societal abuse, although skinhead groups beat some Roma
children, particularly the homeless or abandoned.  Some Roma
minors were forced into prostitution by family or community
members; there was little police effort to address these
problem of discrimination.
     National/Racial/Ethnic Minorities
Ethnic Turks and Roma make up the two largest minorities, each
constituting from 6 to 9 percent of the population.  Pomaks
constitute the other sizable minority, comprising 2 to
3 percent of the population.  Sometimes referred to as
Bulgarian Muslims, Pomaks are a distinct group of Slavic
descent whose ancestors converted from Orthodox Christianity to
Islam.  Most are Muslim, although a handful have become
atheists or reconverted to Christianity.
There are no restrictions on the practice of Muslim religious
traditions, the speaking of Turkish in public, or the use of
non-Slavic names.  A defense bill before Parliament sparked
controversy when deputies proposed language that would make use
of the Bulgarian language mandatory in the military.  MRF
leaders charged this might lead to harassment of Turkish-
speaking military recruits.  An eventual compromise in the text
of the draft bill made Bulgarian the official language of the
military; the Minister of Defense stated publicly that recruits
who wished to speak Turkish among themselves were free to do so.
Voluntary Turkish-language classes, funded by the Government,
continued and expanded in areas with significant Turkish-
speaking populations.  Some ethnic Turkish leaders, mainly in
the MRF, demanded that Turkish-language schooling be made
compulsory in ethnic Turkish areas, but the Government resisted
this.  Government regulations issued in September specify that
pupils may begin study of a non-Bulgarian mother tongue in the
first grade rather than in the third grade, as had been the
case previously.
BSP and nationalist figures, as well as members of the Internal
Macedonian Revolutionary Organization, continued to accuse some
members of the ethnic Turkish community of "forcible
Turkification," i.e., pressuring Pomaks to declare themselves
ethnic Turks and take Turkish names.  Independent observers
found community and peer pressure but no evidence of forcible
Turkification.  Reports continued in 1994 that some Muslim
religious figures refused to perform burial services for
Muslims with Slavic names, a practice which some observers saw
as an encroachment on religious freedom.
In the 1992 census, approximately 3.4 percent of the population
identified itself as Roma.  The real figure is probably at
least twice that high, since many persons of Roma descent
prefer to identify themselves to the authorities as ethnic
Turks or Bulgarians.  Roma groups continued to be divided among
themselves, although several groups had some success presenting
Roma issues to the Government.  As individuals and as an ethnic
group, Roma faced sharply rising levels of discrimination.
A troubling new development in 1994 was a series of attacks by
private citizens on Roma communities.  The most serious attack
took place in February in the village of Dolno Belotintsi.
After a Roma conscript who had deserted his military unit
apparently committed a murder, inhabitants of the town launched
a series of attacks upon some 20 Roma families who lived
there.  Roma houses were broken into and destroyed, and a group
of men wielding guns and farm tools forced about 30 Roma,
including children and aged persons, to carry out a forced
march to a neighboring town and back.  Despite repeated
complaints by the victims during the 2 days of attacks, local
police and prosecutors took no action.  Amnesty International
and Bulgarian human rights groups have charged that the
Government violated the human rights of these Roma by failing
to provide them adequate protection.  The home of one family
was burned to the ground, and the family was housed in
inadequate temporary quarters at the end of the year.  The
other families eventually returned to their homes.
Roma encounter difficulties applying for social benefits, and
rural Roma are discouraged from claiming land to which they are
entitled under the law dividing up agricultural collectives.
Most Roma children are directed at age 12 into special schools
for "vocational training" which severely limit their subsequent
employment prospects.
Overall, there were fewer reports of police mistreatment of
Roma than in 1993, but many more instances in which private
citizen groups attacked Roma.  In some cases police were
accused of standing by and deliberately failing to intervene.
A police investigation into 1993 allegations of police
brutality in Stara Zagora concluded there was no inappropriate
police behavior, although the American chapter of Helsinki
Watch, Amnesty International, the Human Rights Project, and the
Bulgarian Helsinki Committee all concluded that police had
behaved with brutality.
Recognizing the discrimination that Roma and other minorities
face, the Council of Ministers set up an interagency Ethnic
Affairs Council chaired by a deputy prime minister.  The
Ministry of Education continued its program to introduce
Roma-language schoolbooks into schools with Roma students,
albeit slowly.  Roma police were hired in some localities, and
some teachers received Roma-language training, although this
program lagged far behind its Turkish-language counterpart and
ran into significant local opposition.
Workplace discrimination against minorities continued to be a
problem, especially for Roma.  Employers justify such
discrimination on the grounds that most Roma have relatively
low training and education.  Supervisory jobs are generally
given to ethnic Bulgarian employees, with ethnic Turks, Pomaks,
and Roma among the first to be laid off.
During compulsory military service, most Muslims and Roma are
shunted into labor units where they often perform commercial as
well military construction and maintenance rather than serving
in normal military units.  The MRF protested this practice, as
did human rights groups and labor observers who cited it as a
violation of International Labor Organization (ILO) accords.
There are only a few ethnic Turkish and reportedly no Roma
officers in the military.
Thousands of Bulgarians, mainly in the southwest, identify
themselves as Macedonians, most for historical and geographic
reasons.  Active members of the two organizations which purport
to defend the interests of ethnic Macedonians, UMO-Ilinden and
TMO-Ilinden, are believed to number in the hundreds (see
Section 2.b.).
     People with Disabilities
Disabled persons receive a range of financial assistance,
including free public transportation, reduced prices on
modified automobiles, and free equipment such as wheelchairs.
As in other areas, however, budgetary constraints mean that
such payments have fallen behind.  Handicapped individuals have
access to university training and to housing and employment,
although no special programs are in place to allow them to live
up to their full employment potential.  To date, little effort
has been made to change building or street layouts to help
blind or otherwise physically handicapped persons.  The policy
under the previous regime of deliberately separating both
mentally and physically handicapped persons, including very
young children, and often placing them in homes and workplaces
remote from the larger cities, remains unchanged.
Section 6  Worker Rights
     a.  The Right of Association
The 1991 Constitution guarantees the right of all workers to
form or join trade unions of their own choice, and this right
appears to have been freely exercised in 1994.  Estimates of
the unionized share of the work force range from 30 to
50 percent.  This share is shrinking as large firms lay off
workers and most new positions appear in small, nonunionized
businesses.
Bulgaria has two large trade union confederations, the
Confederation of Independent Trade Unions of Bulgaria (CITUB)
and Podkrepa.  CITUB, the successor to the trade union
controlled by the former Communist regime, operates as an
independent entity.  Podkrepa, an independent confederation
created in 1989, was one of the earliest opposition forces but
is no longer a member of the UDF.
The 1992 Labor Code recognizes the right to strike when other
means of conflict resolution have been exhausted, but political
strikes are forbidden.  Workers in essential services such as
the military, police, energy production and supply, and health
sectors are prohibited from striking.  Students and miners went
on strike in 1994 but won no major concessions from the
Government.  Legal actions initiated against some unions in
1992 on the grounds their activities had violated the
constitutional prohibition against political activities by
citizens' associations (defined to include trade unions) were
still pending in 1994.  Until the limitations of this
constitutional prohibition are more clearly defined, either by
legislation or judicial precedent, there remains the potential
for inappropriate attacks on legitimate union activities,
although no such attacks took place in 1994.
The Labor Code's prohibitions against antiunion discrimination
include a 6-month period of protection against dismissal as a
form of retribution.  While these provisions appear to be
within international norms, there is no mechanism other than
the courts for resolving complaints, and the burden of proof in
such a case rests entirely on the employee.
The ILO in 1993 requested further information on lustration
proceedings, measures directed at compensating ethnic Turks for
abuses under the previous regime, efforts taken to improve the
economic situation of minorities, and measures to promote
equality of workplace opportunity between men and women.  At
the end of 1994, the ILO was still reviewing the information
provided to it by the Government and had not yet issued
opinions or recommendations.
There are no restrictions governing affiliation or contact with
international labor organizations, and Bulgarian unions
actively exercise this right.
     b.  The Right to Organize and Bargain Collectively
The Labor Code institutes collective bargaining, which was
practiced nationally and on a local level.  Both CITUB and
Podkrepa complained, however, that while the legal structure
for collective bargaining was adequate, many employers failed
to bargain in good faith or to adhere to concluded agreements.
Because most large firms are still state owned, the unions
demanded that the Government enforce collective bargaining
procedures.  The Government responded that since state-owned
firms were independently managed, the appropriate recourse was
through the courts, not the executive branch.
Only Podkrepa and CITUB are authorized to bargain
collectively.  This restriction led to complaints by smaller
unions, which may in individual workplaces have more members
than either of the two large confederations.  One of these
smaller unions, the National Trade Union, lodged a formal
complaint with the ILO.  Smaller unions also protested their
exclusion from the National Social Council.
There were no instances in which an employer was found guilty
of antiunion discrimination and required to reinstate workers
fired for union activities.  The International Confederation of
Free Trade Unions continued to charge that the revised Labor
Code does not provide effective protection against acts of
antiunion discrimination.  It also asserted that the "national
representation" requirement for participation in the National
Social Council violated the right to organize, and criticized a
provision making negotiation of individual contracts possible
regardless of existing collective agreements.
The same obligation of collective bargaining and adherence to
labor standards prevails in the export processing zones, which
at year's end appear to exist largely on paper.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor.  Many
observers agreed that the practice of shunting minority and
conscientious-objector military draftees into work units which
often carry out commercial construction and maintenance
projects is a form of forced labor (see Section 5).
     d.  Minimum Age for Employment of Children
The Labor Code sets the minimum age for employment at 16 years;
the minimum for dangerous work is set at 18.  Employers and the
Ministry of Labor and Social Welfare are responsible for
enforcing these provisions.  Child labor laws are enforced well
in the formal sector.  Underage employment in the informal and
agricultural sectors is increasing as collective farms are
broken up and the private sector continues to grow.  However,
the practice does not yet seem to be either widespread or
systematic.
     e.  Acceptable Conditions of Work
The national monthly minimum wage was adjusted three times in
1994 and stood at year's end at approximately $33 (2,143 leva).
Pensions, unemployment, and child benefits were raised by about
25 percent during the year.  Inflation in 1994 was estimated at
100 percent and dramatically increased the cost of living.  The
minimum wage is not enough to provide a wage earner and family
a decent standard of living.  The Constitution stipulates the
right to social security and welfare aid assistance for the
temporarily unemployed, although in practice such assistance
was often either late or not disbursed.
The Labor Code provides for a standard workweek of 40 hours
with at least one 24-hour rest period per week.  The Ministry
of Labor and Social Welfare enforces both the minimum wage and
the standard workweek.  Enforcement has been generally
effective in the state sector, although there are reports that
state-run enterprises fall into arrears on salary payments to
their employees if they incur losses.  Enforcement of work
conditions is weaker in the emerging private sector.
Bulgaria has a national labor safety program with standards
established by the Labor Code.  The Constitution states that
employees are entitled to healthy and nonhazardous working
conditions.  The Ministry of Labor and Social Welfare is
responsible for enforcing these provisions.  Under the Labor
Code, an employee has the right to remove himself from a work
situation which presents a serious or immediate danger to life
or health without jeopardizing continued employment.  In
practice, refusal to work in situations with relatively high
accident rates or associated chronic health problems would
result in loss of employment for many workers.  Conditions in
many cases are worsening owing to budget stringencies and a
growing private sector over which labor inspectors have not yet
achieved effective supervision.
BURKINA1
}W}WTITLE:  BURKINA FASO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          BURKINA FASO
President Blaise Compaore continued to dominate the Government
of the Fourth Republic, assisted by members of his party, the
Organization for Popular Democracy/Labor Movement (ODP/MT).  In
spite of the existence of more than 60 political parties, there
is little viable opposition to the President and his
Government, which includes representatives from three small
self-described opposition parties.  The ODP/MT controls the
National Assembly with 79 of the 107 seats.  Several opposition
parties, meanwhile, have modest representation.  Although the
National Assembly approved in 1993 the Government's proposals
for a constitutionally mandated (though purely consultative)
second chamber, such a body has still not yet been appointed.
Burkina Faso's security apparatus consists of the armed forces,
the paramilitary gendarmerie, controlled by the Ministry of
Defense, and the police, controlled by the Ministry of
Territorial Administration.  In 1994 the Government initiated a
military reorganization that is ultimately intended to remove
the gendarmerie from the military chain of command.  Security
forces continued to commit human rights abuses.
Over 80 percent of the population of 9.5 million engage in
subsistence agriculture, which is highly vulnerable to rainfall
variation.  Frequent drought, limited communication and
transportation infrastructures, and a low literacy rate are
longstanding problems.  Per capita income is about $300 per
year.  The January devaluation of the CFA franc by 50 percent
added to the existing economic hardship, in conjunction with a
structural adjustment program directed by the International
Monetary Fund under way since 1991.  That program seeks to
limit government spending, especially on salaries and
transfers, and open the economy to market forces, including
privatization and reduction in the size of many inefficient
state companies.
On balance, 1994 reflected some progress in the movement
towards greater democratization and decentralization, with
preparations for the February 1995 municipal elections, the
first since independence in 1960.  However, serious human
rights abuses persisted, including abuse and extrajudicial
killings by police and penal authorities in a climate of
impunity fostered by failure to prosecute abusers.  The
independent press continued to gain strength following
amendment of the prejudicial provisions on libel in the
Information Code.  Violence against women also persisted, although
several positive measures were taken in the campaign
against female genital mutilation.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Security forces continued extrajudicial killings of suspected
criminals and convicts.  During December 1993 and January 1994,
security forces launched "Operation Punch," a campaign against
resurgent urban and rural banditry.  They shot and killed
scores in the capital and in several other towns.  Newspapers
carried photos of many of the dead, often lying beside the
weapons they were allegedly carrying while resisting arrest.
Some popular support was expressed in certain city districts
for such ruthless policing action.  In August, however, the
main Burkinabe human rights organization, the Burkinabe
Movement for Human Rights and Peoples (MBDHP), issued a
condemnation of these and several other extrajudicial killings.
In July guards savagely beat two young arrivals at Maco Prison
in Ouagadougou and subjected them to degrading treatment.  One
of the two died the same day of internal hemorrhaging.  A
police investigation of the incident has come to a close
without calling for the punishment of those responsible.
Also in July, the press reported that an influential
businessman implicated in a corruption scandal, Youssouf
Sawadogo, allegedly shot himself when the police arrived to
question him.  Several days later, a suspect in the case, Cisse
Ousseni, died in police custody, allegedly of a heart attack.
An internal investigation cleared the police of any
wrongdoing.  The Attorney General is reportedly conducting a
separate investigation, the results of which had not been
released at year's end.  Human rights monitors claim the
autopsy performed on Ousseni provides evidence he died from
abuse.
Although international and local human rights groups pressured
the official commission investigating the 1991 assassination of
Clement Ouedraogo, a prominent opposition leader, to submit a
report of preliminary findings to the Prime Minister, the
report has not yet been made public.  The case remains open, as
do the 1989 "disappearance" of Professor Guillaume Sessouma,
detained for allegedly participating in a coup plot, and of
medical student Dabo Boukary in 1990, detained following
student demonstrations.  Credible reports indicated that
security forces tortured and killed both.  The Government
continued to make no real effort to investigate the fate of a
Ghanaian detainee, reportedly killed in 1993 while in police
custody.
Another disturbing trend was the increase in reported cases of
vigilante killings by the public.  There were numerous
documented incidents of summary mob justice meted out to
thieves caught by the citizenry, mostly in urban centers.  To
date, the authorities have provided no explanation of the death
of Doin Redan, who was found dead the day after being detained
by police.
     b.  Disappearance
There were no new reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
While legally prohibited, torture and mistreatment of
detainees, often to extract confessions, have been documented
for a number of years.  There are credible reports that
officials at Maco Prison continue to employ torture and
degrading treatment, including beatings, cold showers, exposure
to hot sun, and forcing persons to eat their own feces, as
occurred in the case of the two internees cited in Section
1.a.  The Government is not known to have taken any
disciplinary action against those responsible.
Prison conditions are harsh, overcrowded, and can be
life-threatening.  The federal government prison in
Bobo-Dioulasso, built in 1947, housed about 1,000 prisoners,
although designed to hold less than half that number.  The
prison diet is poor, and inmates must often rely on
supplemental food from relatives.
In July Police Trainee Commissioner Roger Zango, in an address
at the Police Academy, strongly criticized abuse of detainees.
However, the climate of impunity created by government failure
to prosecute abusers remains the largest obstacle to ending
torture and other abuses.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Constitution provides for the right to expeditious
arraignment and access to legal counsel, and the law limits
detention for investigative purposes without charge to a
maximum of 72 hours, renewable for a single 48-hour period, in
practice, police rarely observe these provisions.  The normal
average time of detention without charge is 1 week.  There were
no known political detainees or prisoners at year's end.
Although some intellectuals, military officers, and former
government officials remain in self-imposed exile abroad,
increasing numbers repatriated themselves.
     e.  Denial of Fair Public Trial
The Constitution provides for the right to public trial, access
to counsel, and has provisions for bail and appeal.  While
these rights are generally respected, the ability of citizens
to obtain a fair trial remains circumscribed by ignorance of
the law (70 percent of the population is illiterate) and by a
serious shortage of magistrates.
The Constitution provides that the Supreme Court is the highest
court in the country.  Beneath it are two courts of appeal and
ten provincial courts ("de grande instance").  The Constitution
also provides for a High Court of Justice, with jurisdiction to
try the President and senior government officials for treason
and other serious crimes, but it has not yet been established.
According to the Constitution, the judiciary is independent of
the executive.  The President has extensive appointment and
other judicial powers.  The National Assembly passed
legislation reforming the military court system, which had been
susceptible to considerable executive manipulation.  At year's
end, this court system had not yet been staffed.
In addition to the formal judiciary, customary or traditional
courts, presided over by village chiefs, handle many
neighborhood and village-level problems, such as divorce and
inheritance disputes.  These decisions are generally respected
by the population, but citizens may also take the case to a
formal court.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for these rights, and, in practice,
the authorities generally do not interfere in the daily lives
of ordinary citizens.  In national security cases, however, a
special law permits surveillance, searches and monitoring of
telephones and private correspondence without a warrant.  By
law and under normal circumstances, homes may be searched only
with the authority of a warrant issued by the Minister of
Justice.  Except in certain cases, such as houses of
prostitution and gambling dens, such warrants must be executed
during "legal hours," defined as between 6 a.m. and 9 p.m.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The 1990 Information Code provides for freedom of speech and
press.  In practice, these freedoms still remain circumscribed
by a certain degree of self-censorship.  The President and his
Government remain sensitive to criticism.  However, provisions
in the Code granting the Government strong legal powers to
intimidate the press through a broad interpretation of
defamation were removed in December 1993.  Journalists now
charged with libel may defend themselves in court by presenting
evidence in support of their allegations.  Perhaps as a result,
the independent press exercised greater freedom of expression.
The independent press now includes four dailies, a dozen weekly
newspapers, and a weekly newsmagazine.  Although the official
media, including the daily newspaper Sidwaya and the national
radio, display progovernment bias, the presence of independent
competition led it to give more coverage to the political
opposition.
Academic freedom is recognized.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  Permits must, however, be obtained from municipal
authorities for political marches.  Applicants must indicate
date, time, duration, and itinerary of the march or rally, and
authorities may alter or deny requests on grounds of public
safety.  However, denials or modifications may be appealed
before the courts.
Labor unions and others held several large and peaceful
marches.  Since early 1990, political parties have been
permitted to organize and hold meetings and rallies without
seeking government permission.  The authorities sent security
forces to control disorders at Ouagadougou University on
February 8 during a demonstration by some students protesting
nonreceipt of their stipends.  They arrested several students
for pelting passing city buses on the highway near campus.
Police later released them and did not press charges.
     c.  Freedom of Religion
Burkina Faso is a secular state.  Islam, Christianity, and
traditional religions operate freely without government
interference.  Neither social mobility nor access to modern
sector jobs are linked to, or restricted by, religious
affiliation.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Gendarmes routinely stopped travelers within the country for
identity and customs checks and the levying of road taxes at
police and military checkpoints.  There is no restriction on
foreign travel for business or tourism.  Refugees are accepted
freely in Burkina Faso.  Due to civil unrest in neighboring
countries, there are nearly 50,000 refugees and displaced
persons, mostly Tuaregs from Mali and Niger.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Burkinabe citizens have the constitutional right to change
their government through multiparty elections.  In practice,
however, they have been unable to exercise that right.  Power
remained in the hands of President Compaore and the ODP/MT,
most of whose members also played prominent roles in the ruling
National Revolutionary Council (1983-87) and Popular Front
(1987-91).  The Government includes a strong Presidency, a
Prime Minister, a Council of Ministers presided over by the
President, a two-chamber National Assembly, and the judiciary.
The Compaore Government faces new legislative elections in 1997
and presidential elections in 1998.  The first round of
municipal elections is scheduled for February 1995.
The Supreme Court ruled in 1994 that an elected deputy in the
National Assembly is not bound to the political party under
which that person was elected and may change party affiliations
as a representative in the legislature.  This practice has been
labelled "political nomadism" and is responsible for much of
the factionalism in opposition parties.
There are no restrictions in law or practice on the
participation of women or minority group members in politics.
However, there are few women in positions of responsibility; 3
of the 25 ministers and 6 of the 107 National Assembly deputies
are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government's attitude toward local human rights groups has
been mixed.  It continued to tolerate the activities of the
MBDHP, an independent group with representation in all 30
provinces.
The Government is responsive to investigations by international
nongovernmental organizations.  At year's end, there were no
known outstanding investigations by outside organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of race,
religion, or ethnic origin.  Minority ethnic groups, like the
Majority Mossi, are represented in the inner circles of the
Government, and government decisions do not favor one group
over another.
     Women
There are no constitutional or other legal protections for
women, who face extensive discrimination.  In general, women
continue to occupy a subordinate position and experience
discrimination in such areas as education, jobs, property, and
family rights.  In the modern sector, however, women make up
one-fourth of the government work force, although usually in
lower paying positions.  Women still do much of the subsistence
farming work.
Violence against women, especially wife beating, occurs fairly
often.  Cases of wife beating are usually handled through
customary law and practice.  A "popular conciliation tribunal"
composed of community representatives usually mediates such
cases.  The Government is attempting, using education through
the media, to change attitudes toward women.
     Children
The Constitution nominally protects children's rights.  The
Government announced its commitment to improving the condition
of children by adopting a national policy to revitalize primary
health care and improve access to primary education.
Females constitute approximately one-third of the total student
population in the primary, secondary, and higher educational
systems--although the percentage decreases dramatically beyond
the primary level.  Schools in rural areas have
disproportionately fewer female students than schools in urban
areas.
Female genital mutilation (FGM), which has been condemned by
health experts as damaging to physical and psychological
health, is still widely practiced, especially in many rural
areas, and is usually performed at an early age.  According to
an independent expert in the field, the percentage of Burkinabe
females who have undergone this procedure may be as high as 70
percent.  The Government has made a strong commitment to
eradicate FGM through educational efforts, and a newly formed
national committee launched a campaign against the practice
with United States Government assistance.  Nevertheless, FGM is
still widely practiced.  At year's end, it was evident that the
Government had taken an important first step via its
sensitization campaign regarding the deleterious effects of
this practice.  Another form of mutilation, scarification of
the faces of both boys and girls of certain ethnic groups, is
gradually disappearing.
     People with Disabilities
While there is a modest program of government subsidies for
workshops for the disabled, there is no government mandate or
legislation concerning accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
A new labor code is currently before the National Assembly for
review.  Notwithstanding this pending legislation, workers,
including civil servants, traditionally have enjoyed a legal
right to association which is recognized under the
Constitution.  There are 6 major labor confederations and 12
autonomous trade unions linked together by a National
Confederal Committee.  They represent a wide ideological
spectrum, of which the largest and most vocal member espouses a
Socialist doctrine.  Essential workers--police, fire, and
health workers--may not join unions.
The Constitution provides for the right to strike, and workers
use strike actions to achieve labor goals.  The union movement
made a call for a national strike on April 6-8 to protest
further austerity measures in the wake of devaluation of the
CFA franc.  Strikers demanded a 50 percent increase in wages
and price freezes.  About half the union movement responded.
Labor unions freely affiliate with international
trade union bodies.
     b.  The Right to Organize and Bargain Collectively
Unions have the right to bargain for wages and other benefits,
both directly with employers and with industry associations.
These negotiations are governed by minimums on wages and other
benefits contained in the Interprofessional Collective
Convention and the Commercial Sector Collective Convention,
which are established with government participation.  If no
agreement is reached, employees may exercise their right to
strike.  Either labor or management also may refer an impasse
in negotiations to labor tribunals.  Appeals may be pursued
through the Court of Appeal to the Supreme Court, whose
decision is binding on both parties.  Collective bargaining is
extensive in the modern wage sector but encompasses only a
small percentage of workers.
The Labor Code prohibits antiunion discrimination.  The Labor
Ministry handles complaints about such discrimination, which
the plaintiff may appeal to a labor tribunal.  If the tribunal
sustains the appeal, the employer must reinstate the worker.
Union officials believe that this system functions adequately.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor and it is not practiced.
     d.  Minimum Age for Employment of Children
The Labor Code now in effect sets the minimum age for
employment at 14, the average age for completion of basic
secondary school.  However, the Ministry of Employment, Labor,
and Social Security, which oversees labor standards, lacks the
means to enforce this provision adequately, even in the small
wage sector.  Most children actually begin work at an earlier
age on small, family subsistence farms, in the traditional
apprenticeship system, and in the informal sector.
     e.  Acceptable Conditions of Work
The Labor Code mandates a minimum monthly wage, a standard
workweek of 40 hours with at least one 24-hour rest period, and
establishes safety and health provisions.  The current minimum
monthly wage in the formal sector, about $48 (25,000 CFA), does
not apply to subsistence agriculture, employing about 85
percent of the population.  The Government last set the minimum
wage in April.  It is not adequate for an urban worker to
support a family.  Wage earners usually supplement their income
through reliance on the extended family and subsistence
agriculture.
A system of government inspections under the Ministry of Labor
and the Labor Tribunals is responsible for overseeing health
and safety standards in the small industrial and commercial
sectors, but these standards do not apply in the subsistence
agricultural sector.  In December 1993, the Center for Worker
Education in Ouagadougou reported that since 1991 there were
2,399 recorded workplace accidents (1,476 in the manufacturing
sector, 215 in construction, and 192 in transport and
communications sectors).  Every company is required to have a
work safety committee.  If a workplace has been declared unsafe
by the government labor inspection office for any reason,
workers have the right to remove themselves from dangerous work
without jeopardy to continued employment.  In practice there
are indications that this right is respected, but such
declarations are relatively rare.
BURMA1
qTITLE: BURMA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             BURMA
Burma continued to be ruled by a highly authoritarian military
regime widely condemned for its serious human rights abuses.
The Military Government, the State Law and Order Restoration
Council (SLORC), headed by the armed forces commander and
composed of top military officers, seized power in September
1988 after harshly suppressing massive prodemocracy
demonstrations.  Retired dictator General Ne Win, whose
idiosyncratic policies had isolated Burma and driven the
country into deep economic decline, is believed by many to
continue to wield considerable influence.
The SLORC permitted a relatively free election in 1990, but it
failed to honor the results--which were an overwhelming
rejection of military rule--or to cede power to the victorious
prodemocracy forces.  Instead, the SLORC attacked the coalition
of winning parties and their leaders through intimidation,
detention, and house arrest.  Since April 1992, the SLORC has
taken some modest steps to lessen its harsh rule.  Universities
were reopened, many political prisoners were released, and
steps were taken to reform the economy.  But in January 1993
the SLORC established the "National Convention," a body
ostensibly tasked with working out a new Constitution.
Overwhelmingly made up of delegates handpicked by the military,
the SLORC has carefully stage-managed the Convention's
proceedings and ignored even limited opposition views.  Despite
having no mandate from the people, the SLORC seems determined
to draft a Constitution that will guarantee a dominant role for
the military in the country's future political structure.
The Government reinforces its rule via a pervasive security
apparatus led by military intelligence, the Directorate of
Defense Services Intelligence (DDSI).  Control is buttressed by
selective restrictions on contact with foreigners, surveillance
of government employees and private citizens, harassment of
political activists, intimidation, arrest, detention, and
physical abuse.  The Government justifies its security measures
as necessary to maintain order and national unity, although
many longstanding insurgent groups have reached accommodations
with the SLORC in recent years and the others pose little
threat to major population centers.
Burma is primarily an agricultural country, although it also
has substantial mineral, fishing, and timber resources.  Since
1988, the Government has slowly opened up the economy to permit
expansion of the private sector, and to attract foreign
investment.  Some economic improvement has ensued, but major
obstacles to economic reform persist.  These include
restrictions on private commerce; constantly changing rules and
regulations; overcentralized decisionmaking; a bloated
bureaucracy; a greatly overvalued currency; poor
infrastructure; and grossly disproportionate military spending.
Despite an appearance of greater normalcy fostered by increased
economic activity, in fact the Government's unacceptable record
on human rights changed little in 1994.  Out of sight of most
visitors, Burmese citizens continued to live subject at any
time and without appeal to the arbitrary and sometimes brutal
dictates of the military.  There continued to be credible
reports, particularly from ethnic minority-dominated areas,
that soldiers committed serious human rights abuses, including
extrajudicial killings and rape.  The use of porters by the
army--with all the attendant maltreatment, illness, and even
death for those compelled to serve--remained a standard
practice and probably even increased.  The Burmese military
forced hundreds of thousands, if not millions, of ordinary
Burmese (including women and children) to "contribute" their
labor, often under harsh working conditions, to construction
projects throughout the country.  The forced resettlement of
civilians also continued.
Four hundred or more political prisoners remained in detention,
including approximately 40 parliamentarians elected in 1990.
Although she has yet to be charged with any crime, Nobel
Laureate Aung San Suu Kyi began her sixth year of house arrest
in July.  In extending her arrest, the SLORC circumvented its
own amended statute limiting house arrest to 5 years and
ignored repeated U.N. General Assembly and U.N. Human Rights
Commission resolutions calling for her release and that of all
other prisoners of conscience.
The SLORC continued to restrict severely basic rights to free
speech, association, and assembly.  In July and August the
authorities arrested five persons for trying to smuggle out
information on conditions in Burma to the outside world.
Through use of pressure and outright threats, the Government
gathered 4 million Burmese at political rallies in January to
endorse its political agenda.  The authorities continued to
control discussion at the national convention.
More than 100,000 Rohingyas (Burmese Muslims from Arakan State)
remained in refugee camps in Bangladesh, pending repatriation
under an ongoing program overseen by the U.N. High Commissioner
for Refugees (UNHCR).  A few thousand students and dissidents
continued in exile in Thailand, while at year's end roughly
70,000 Burmese were residing in ethnic minority camps near the
border in Thailand.
Several positive developments occurred, including the February
decision to allow a nonfamily member to visit Aung San Suu
Kyi.  Also, after years of refusing to acknowledge her status
as the leader of Burma's prodemocracy forces, in September
SLORC Chairman Than Shwe and DDSI Chief Khin Nyunt met with
Aung San Suu Kyi for the first time since she was placed under
house arrest.
An unknown number of political prisoners was released,
including prominent political satirist Zargana, although the
number of public announcements of such releases declined
compared to 1993.  By midyear, the Government agreed to study a
draft Memorandum of Understanding to govern visits by the
International Committee of the Red Cross (ICRC) to Burmese
prisons.  The Government permitted the UNHCR to open an office
in Rangoon and to work in the Rohingya refugee processing
area.  A limited number of international nongovernmental
organizations (NGO's) were allowed to set up operations or
expand existing ones.
Despite these positive moves, there was by year's end no clear
sign that the SLORC was yet ready to take the kind of decisive
action needed to break with its past, reach a political
settlement with the country's democratic forces, and restore
the basic human and political rights once enjoyed by the people
of Burma.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There was no evidence of an explicit or systematic government
policy encouraging summary killings.  However, there continued
to be credible reports of instances of brutality and killings
of civilians by the military, particularly in
minority-dominated areas and among those impressed as porters.
The Government did not take any action against military
personnel responsible for extrajudicial killings or other
abuses.  The Government did not carry out the death sentences
imposed after a summary trial of four civilians charged with
killing a student in Rangoon in January.
     b.  Disappearance
As in previous years, private citizens and political activists
continued to "disappear" temporarily for several hours to
several days.  DDSI officials usually picked up individuals for
questioning without the knowledge of their family members, and
in most cases released them soon afterward.  However, many
people continued to be conscripted by the military for
porterage or other duties without the knowledge of their family
members.  The whereabouts of those conscripted, as well as of
prisoners transferred for labor or porterage duties, remained
difficult to trace (see Sections 1.g. and 6.c.).
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Again in 1994, political detainees were held incommunicado for
long periods.  These detainees were routinely subjected to
harsh interrogation techniques designed to intimidate and
disorient.  The most common forms of maltreatment were sleep
and food deprivation coupled with round-the-clock questioning.
There were also reliable indications that authorities sometimes
physically abused prisoners and pretrial detainees.  In recent
years, there have been credible reports of beatings and of
prisoners being forced to squat or assume unnatural positions
for lengthy periods.  In the past, there have also been reports
of practices such as electrical shocks to the genitals,
suffocation, and cigarette burns, but there were no known
instances of these techniques being employed in 1994.
The regimen at Insein prison near Rangoon remained unacceptably
harsh, including permanent solitary confinement for 250 of the
approximately 4,000 inmates, little or no exercise, no reading
or writing materials for all but a tiny minority of prisoners,
poor nutrition, and inadequate medical care.  A few prominent
political prisoners, such as former National League for
Democracy (NLD) Chairmen Tin Oo and Kyi Maung, continued to be
provided limited reading material and bungalow accommodations.
Most prisoners were permitted to receive medicine as well as
supplemental food brought by their families during the
15-minute visits permitted every 2 weeks.  Conditions were
reliably reported to be much worse at some upcountry locations,
particularly Thayet and Thayawaddy prisons, to which scores of
Insein's political prisoners were transferred in June.
In February U.S. Congressman Bill Richardson was able to meet
with Nobel Laureate Aung San Suu Kyi and four other political
prisoners, writer Ma Thida, former NLD central committee member
Win Tin, former Aung San Suu Kyi administrative aide Win Htein,
and former student leader Min Ko Naing.  The health of Min Ko
Naing, whom the Congressman had met the previous year at Insein
prison, appeared to have improved somewhat but he continued to
show signs of mental and physical suffering from his 5 years of
solitary confinement.
The Government continued to bar the ICRC from visiting
detainees or convicted prisoners of any kind, but its
discussions with the Government concerning such access
intensified.
Beyond its harsh treatment of prison inmates there continued to
be credible reports that security forces subjected ordinary
citizens to harassment and physical abuse.  The military
routinely seized villages to confiscate property and food, and
used abusive recruitment methods to procure porters.  Those
forced into porterage or other duties faced extremely difficult
conditions and maltreatment that sometimes resulted in death
(see Section 1.g.).
     d.  Arbitrary Arrest, Detention, or Exile
The SLORC routinely practiced arbitrary arrest and
incommunicado detention.  Prior to being charged, detainees do
not have access to legal counsel or their families.  There is
no provision in Burmese law for judicial determination of the
legality of detention, and political detainees have no
opportunity to obtain release on bail.
Because of the high level of intimidation discouraging overt
political activity, detentions for public antigovernment
activities were less frequent in 1994 than in the early
1990's.  Nonetheless, in the course of the year scores of
political activists were detained for low-level political
protests, such as handing out opposition flyers or attempting
to organize demonstrations.  Such detentions often coincided
with various political anniversaries.  For example, in July a
group of high school students was detained in Rangoon for
participating in protest activities to mark the anniversary of
Ne Win's destruction of the Rangoon University Student Union
building.  Most of these cases ended with eventual release of
the detainees.
However, in July Khin Zaw Win, a former local contract employee
of the U.N. Children's Fund (UNICEF), was detained at Rangoon
airport, questioned secretly, and charged in late August with
trying to smuggle antigovernment materials and confidential
government information out of the country.  As a result of Khin
Zaw Win's arrest, four others, including the writer San San Nwe
and her daughter Myat Mo Mo Tun, together with two NLD winners
in the 1990 election, Khin Maung Swe and Sein Hla Oo, were also
picked up and accused of abetting the effort to get information
on Burma to the outside world, including to the U.N. Human
Rights Commission's Special Rapporteur on Burma, Professor Yozo
Yokota.  All five were found guilty in October and received
sentences ranging from 7 to 15 years for "spreading false
information injurious to the State" and other minor offenses.
In January the military informed former NLD General Secretary
and Nobel Peace Laureate Aung San Suu Kyi that her house arrest
had been extended for another year.  This was done despite the
fact that in 1994 she reached the 5-year legal limit of
detention without charge or trial.  In February the authorities
announced, apparently for the first time, that the initial year
of the former NLD leader's house arrest had been pursuant to a
decision of the previously unknown "Central Body" and that the
5-year clock began to run only after that time.
Streetside guard posts were removed from in front of Aung San
Suu Kyi's house in January, but the conditions of her detention
did not change.  She continued to receive visits from her
immediate family.  In mid-February the authorities also
permitted U.S. Congressman Bill Richardson, along with an
official from the United Nations and a New York Times reporter,
to meet with the former NLD leader, the first such visit by
outsiders other than family members since her house arrest
began.  In August a Buddhist monk resident in the United
Kingdom was likewise permitted to see Aung San Suu Kyi prior to
the SLORC's meeting with her in September.
     e.  Denial of Fair Public Trial
Throughout 1994 the Government continued to rule by decree and
was not bound by any constitutional provisions guaranteeing
fair public trials or any other rights.  Although remnants of
the British-era legal system were formally in place, the court
system and its operation remained seriously flawed.  Many
observers believe there has been an improvement in judicial
procedures, at least in the handling of nonpolitical cases.
But ongoing unprofessional behavior by some court officials,
pervasive bribe taking, the misuse of overly broad laws, and
the manipulation of the courts for political ends continued to
deprive the country of the right to a fair trial and the rule
of law.  The judiciary is not independent of the executive.
Some basic due process rights, including the right to a public
trial and to be represented by a defense attorney, were
generally respected.  However, the Supreme Court appoints
judges with the approval of the SLORC (which also names
justices to the Supreme Court).
Defense attorneys are permitted to call and cross-examine
witnesses, but their primary purpose is to bargain with the
judge to obtain the shortest possible sentence for their
clients.  Most court proceedings are open to the public.
However, in political cases, almost all trials are held in
courtrooms on prison compounds and are not open to the public.
In these instances, defense counsel appears to serve no purpose
other than to provide moral support, since reliable reports
indicate verdicts are dictated by higher authorities.  In an
effort to head off student unrest, in January the authorities
apprehended, charged, tried, and sentenced to death four
persons accused of involvement in the murder of a student from
the Rangoon Institute of Economics--all within the space of 2
days.  The sentences, however, appear not to have been carried
The Government continued to release political prisoners in 1994
although the exact numbers could not be verified.
Approximately 400 political prisoners remained in jail at
year's end, including at least 40 parliamentarians elected in
1990.  Both prominent political satirist Zargana and M.P.-elect
Nai Tun Thein were freed during the year.
Political prisoners were held not only in Rangoon's Insein
prison but also in some of the country's more than 20 upcountry
prisons.  For example, the monk who led the 1990 movement to
withhold spiritual services from the military, Ye Wa Da,
reportedly remained in Mandalay prison, while two other
prominent monks, Da Ma Wa Ya and Wi Thu Ta, were believed to
still be in custody in Myitkyina.  Among the many well-known
prisoners of conscience who continued to be held either at
Insein or elsewhere were former NLD leaders Tin Oo and Kyi
Maung, former National Convention delegate Dr. Aung Khin Sint,
the writer Ma Thi Da, and lawyer U Nay Min, who was reportedly
transferred in the course of the year from Insein to the
infamous Thayet prison.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The military rules unchecked by any outside authority and the
State continued to interfere extensively and arbitrarily into
the lives of private citizens.  Through its extensive
intelligence network, the Government closely monitored the
travel, whereabouts, and activities of many citizens,
particularly those known to be politically active.  Security
personnel selectively screened private correspondence and
telephone calls and conducted warrantless searches of private
premises.  Government employees were required to obtain advance
permission before meeting with foreigners.
The SLORC continued to move people out of cities to peripheral
new town settlements throughout the country, albeit on a
smaller scale than in past years.  While facilities in some of
these areas have improved over time, residents targeted for
displacement continued to be given no option but to move,
usually on short notice.  The military also continued to
forcibly relocate villages in rural areas, especially those
with large ethnic minority populations.
Also, those able to remain in established cities and towns were
subject to arbitrary seizure of their property.  Many residents
of Mandalay were compelled early in the year to cede large
parcels of prime downtown real estate to the authorities for
road-widening projects decided upon without any public
consultation or endorsement.  Widespread reports indicate the
Mandalay city government threatened to charge demolition costs
to those in affected areas who wavered in tearing down their
own homes.  Beyond these seizures for public purposes there
were consistent reports of pressure being applied to force
individuals to cede parts of their property to government or
military officials, in some cases for these officials' personal
use.  Automobiles and other movable property also remained
vulnerable to arbitrary seizure.  In rural areas, military
personnel confiscated livestock and food supplies during
periodic sweeps to procure porters.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
For more than 4 decades the Burmese Army has battled diverse
ethnic insurgencies.  These ethnic minority insurgent groups
have sought to gain greater autonomy from the dominant ethnic
Burman majority.  For most of the year the SLORC continued to
pursue efforts to engage insurgent groups in cease-fire talks
and refrained from launching major military offensives.
However, in late December, fighting between the Burmese Army
and the Karen National Union (KNU) and the All Burma Students'
Democratic Front (ABSDF) broke out when Burmese forces sought
to take advantage of an internal dispute among the Karen.  In
general, combat and attendant human rights abuses remained at a
persistent but low level in areas controlled by those ethnic
insurgent groups.
In November the Government allowed the ICRC to conduct a course
in Rangoon on humanitarian law during armed conflict.
In conjunction with the military's campaign against drug
trafficker Khun Sa and his Shan United Army, as many as several
thousand civilians were press-ganged into working as porters in
jungle areas in or near combat zones.  According to reliable
reports, Burmese military sweeps for porters reached such urban
areas as Rangoon, Mandalay, and Moulmein.  Military authorities
commonly demanded as much as $230 (10 times the minimum monthly
wage) to avoid service.  It was also credibly reported that
some members of the military used sham threats of impressment
to extort money.  There were numerous credible reports that
soldiers abused porters; when wounded, ill, or unable to work,
they were sometimes left unattended in harsh conditions to
die.  There were also continuing reports of rape, particularly
of ethnic minority women by soldiers.
Antigovernment insurgent groups were also responsible for
violence, causing both civilian and military deaths.  There
were also credible reports that members of these groups
committed serious human rights violations.  The
narcotics-trafficking Shan United Army is reported to have
brutalized villagers and impressed porters in the course of
fighting against the Burmese army and to have extorted
protection fees from local merchants.  In early May, insurgents
from the Rohingya Solidarity Organization (RSO) detonated a
series of bombs in towns and villages near the western border
of Arakan State resulting in several deaths and injuries.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Severe restrictions on freedom of speech and the press
persisted throughout 1994.  The security services continued to
clamp down on those who expressed opposition political views or
attempted to provide outsiders with information at variance
with the government-approved image of the country (see Section
1.d.).  Many more have refrained from speaking out for fear of
arrest and interrogation by police or military intelligence.
The Government-monopoly television, radio, and newspaper media
remained propaganda instruments.  With the exception of
coverage of some limited aspects of the national convention,
these official media did not report opposing views.  Editors
remained answerable to military authorities.  While the
English-language daily New Light of Myanmar continued to
include many international wire service reports on foreign
news, domestic news hewed strictly to and reinforced government
policy.
Practically all forms of media were officially controlled and
censored.  This strict control in turn encouraged
self-censorship on the part of writers and publishers.  Private
citizens were generally unable to subscribe directly to foreign
publications.  Some international newsmagazines and a sizable
number of new private publications on nonpolitical issues were
available to the public at large, but censors occasionally
banned issues or deleted articles deemed unwelcome by the
Government.
Foreign journalists, including television crews, were granted
increased access to the country, but their movements and
contacts were closely monitored.  Despite government hostility
to them, foreign radio broadcasts such as those of the British
Broadcasting Corporation, Voice of America, and Democratic
Voice of Norway remained prime sources of uncensored
information.  The Government also allowed the U.S. Information
Service to conduct a wide range of programs.  Foreign
television remained in limbo.  After its imposed September 1993
registration deadline for satellite dishes, the Government
failed to approve additional licenses or clarify who in the
future would be allowed to have foreign television.  Late in
the year, the Government cracked down on video rental shops in
Rangoon, forcing the withdrawal from circulation of most
foreign language videos.
University teachers and professors remained subject to the same
restrictions on freedom of speech, political activities, and
publications as other government employees.  These included
warnings against criticism of the Government; instructions not
to discuss politics while at work; and strictures against
joining or supporting political parties, engaging in political
activity, or meeting foreign officials.  Teachers continued to
be held responsible for maintaining discipline among their
students and preventing them from engaging in any unauthorized
political activity.
The universities, closed for several years after the 1988
disturbances, were open for most of 1994.  However, the
university midyear break was extended until August 18,
presumably to lessen the chance of unwanted student activities
in conjunction with various sensitive political anniversaries
falling in July and early August.
     b.  Freedom of Peaceful Assembly and Association
The Government does not respect these rights.  In January the
Government organized a series of 26 stage-managed mass rallies
throughout the country which were attended by approximately
4 million people.  The meetings of this government-initiated
group, the Union Solidarity and Development Association (USDA),
were orchestrated by government authorities as a mass
demonstration of support for the SLORC's political objectives.
With few exceptions, attendance was coerced, with explicit
threats of penalties to those who contemplated staying away.
Multiple reports indicate that at one rally in Pyay, a few
people were trampled to death when attendees ran from rally
monitors attempting to seize those in the crowd who had called
out dissenting views.
For others, the Government prohibition on unauthorized outdoor
assemblies of more than five people remained in effect, albeit
unevenly enforced.  Political demonstrations were strictly
banned, but even religious groups sometimes encountered
problems holding outdoor gatherings.  Legal political parties
were required to request permission from the authorities even
to hold internal meetings of their own membership.
The right of association existed only for organizations,
including trade associations and professional bodies, permitted
by law and duly registered with the Government.  Only a handful
continued to exist, and even those were subject to direct
government intervention or took special care to act in line
with government policy.  This included such benign groups as
the Myanmar Red Cross and the Myanmar Medical Association.
Only 10 political parties, out of an original 75 in 1992,
remained legal at the end of 1994, but even the few which
remained legal were virtually immobilized.
     c.  Freedom of Religion
Adherents of all religions duly registered with the authorities
generally enjoyed freedom to worship as they chose, although
Buddhists continued to enjoy a privileged position.  In recent
years, the Government has made special efforts to link itself
with Buddhism as a means of asserting its own popular
legitimacy.  For example, during the year the military
contributed an elaborate prayer hall, which was dedicated at
the foot of the revered Shwedagon pagoda in Rangoon.  This
campaign has led to increased government support for Buddhism
in keeping with the Government's strong nationalistic views.
The Government monitors the activities of members of all
religions in part because they have in the past become
politically active.  Security services demanded that religious
groups seek prior authorization to conduct services out of
doors.  These regulations were also in effect in and around
Buddhist monasteries and pagodas.  The SLORC has been largely
successful in halting political activism among the Buddhist
clergy, and by year's end, many, though not all, monks arrested
earlier had been released and most quietly resumed their
religious duties.
Religious publications, like secular ones, remained subject to
control and censorship.  Christian Bibles translated into
indigenous languages could not be imported.
Religious groups were able to establish links with
coreligionists in other countries, although these activities
were reportedly monitored by the Government.  Foreign religious
representatives were usually only allowed visas for short
stays, but in some cases were permitted to preach to Burmese
congregations.  Permanent foreign missionary establishments
have not been permitted since the 1960's, but a few foreign
Catholic nuns, and at least one priest resident in Burma since
independence, continued to reside upcountry.
BURMA2
d?d?TITLE: BURMA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
It has proven extremely difficult for Christian and Muslim
groups to obtain permission to build new churches and mosques.
For example, although there are more than 5,000 mosques in
Burma, the newest reportedly dates to 1975.  There were
isolated incidents in which the Government destroyed places of
worship as a result of infrastructure projects.  Also, the
Government continued to remove cemeteries from urban areas,
even though many non-Buddhist religions consider these to be
sacred ground.  In March four trustees of a Muslim cemetery in
Mandalay were taken into custody in the course of protests by
Muslims over destruction of an historic graveyard and religious
buildings.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Although citizens have the legal right to live anywhere in the
country, both urban and rural residents were subject to
arbitrary relocation (see Section 1.f.).  Except for
limitations in areas of insurgent activity, citizens could
travel freely within the country but must notify local
authorities of their whereabouts.  Those residents unable to
meet the restrictive provisions of the citizenship law, (e.g.
Chinese, Arakanese Muslims, etc.) had to obtain prior
permission to travel.
Though travel strictures continued to ease, the Government
maintained tight controls over travel abroad.  The Government
board that reviewed passport applications denied passports in
some cases apparently on political grounds.  Emigrants were
required to reimburse the Government for "educational expenses"
before receiving exit permits and were severely limited in what
they could take with them.  Burmese citizens who left legally
were generally allowed to return to visit relatives, and those
wishing to extend their stays usually had little difficulty
obtaining permission to do so.  Some who had lived abroad
illegally and acquired foreign citizenship found it easier to
return.  In most instances it was impossible for Christian
groups to obtain permission for their would-be clergy to travel
abroad to pursue religious studies.
The Government continued to ease restrictions on foreign
travelers.  However, select categories such as human rights
advocates and political figures continued to be denied entry
visas unless traveling under the aegis of a sponsor acceptable
to the Government.  Although large areas of the country
remained off-limits to foreigners for sercurity reasons, the
authorities did open up a number of new domestic destinations.
Except during clashes with the Shan United Army, foreigners
continued to be able to travel from northern Thailand into
Tachilek and Kentung in easternmost Shan state.
The pace of the repatriation of Muslims from Bangladesh
accelerated.  By year's end more than 130,000 of those who fled
the country had returned.  The UNHCR indicated cooperation with
the authorities had been good and that it had not detected any
signs of renewed action against the Rohingyas.
The Government does not allow refugees or displaced persons to
resettle or seek safe haven.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Despite the overwhelming desire the Burmese people demonstrated
in the 1990 elections for a return to democracy, they continued
to be denied the right to change their government.  Since 1988
active duty military officers have occupied an increasing
number of important positions throughout the bureaucracy,
particularly at the policymaking level.  Despite the
appointment of several civilians to the Cabinet in 1992, the
process of placing military or recently retired military
officers in most key senior level positions once held by
technocrats in the economic ministries has accelerated.
Following the NLD's victory in the 1990 elections, the SLORC
set aside the election results and disqualified, detained,
arrested, or drove into exile many successful candidates.  By
the end of the year, 198 of the 485 deputies elected had either
been disqualified, resigned under pressure, gone into exile,
been detained, or died.  Approximately 40 successful candidates
from the election remain in prison.
Rather than accept the will of the citizenry, the SLORC
convened a National Convention in January 1993 to draw up
principles for a new Constitution.  The SLORC handpicked
delegates, and proceedings have been carefully stage-managed;
even limited opposition views have been ignored.  Despite
having no mandate from the people, the SLORC tasked the
Convention with drafting a new constitution that will guarantee
a dominant role for the military in the country's future
political structure.  Although the SLORC leadership met with
detained prodemocracy leader Aung San Suu Kyi on two occasions,
at year's end it remained unclear whether the Military
Government is prepared to begin a genuine dialog with its
opponents to achieve a peaceful political settlement.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not allow internal human rights
organizations to exist, and it remained generally hostile to
outside scrutiny of its human rights record (see Section 1.d.
and 2.d.).  However, in July Burmese Foreign Minister Ohn Gyaw
agreed in principle to hold consultations with the U.N.
Secretary General regarding the human rights situation.
Subsequently, Foreign Minister Ohn Gyaw met with U.N.
Undersecretary for Political Affairs Marrack Goulding during
the U.N. General Assembly and in Rangoon in November with
Rafeeudin Ahmed, Deputy Head of the United Nations Development
Program.  At year's end both sides had agreed to continue their
discussions.
In keeping with his mandate, in November the Government allowed
U.N. Special Rapporteur Yozo Yokota to travel to Burma.
However, in its written response to the Rapporteur's interim
report, the Government denied allegations of extrajudicial
killings, torture, and rape, and indicated that instances of
arbitrary arrest and detention and forced labor were undertaken
in "accordance with the law."
NGO representatives previously denied visas were able to travel
to remote areas of the country and several others began
negotiations with the Government to establish humanitarian
programs.  In May ICRC representatives met with top government
officials, and the SLORC agreed to accept a draft memorandum of
understanding regarding prison visits.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
In general, women in Burma have traditionally enjoyed a high
status, exercising most of the same basic rights as men and
taking an active role in business.  Consistent with traditional
culture, they keep their own names after marriage and often
control family finances.  However, women remained
underrepresented in most traditional male occupations, and a
few professions continued to be entirely barred to women.
Women did not consistently receive equal pay for equal work.
There are no women's rights organizations in Burma or any
government agencies specifically devoted to safeguarding
women's interests.
There were reliable reports that many women and children in
border areas, where the Government's control is limited, were
forced or lured into working as prostitutes in Thailand.  It is
unknown how many young women have been duped into working as
prostitutes, but a common practice is to lure young women to
Thailand with promises of employment as a waitress or domestic
(See Thailand Report.).  Also, the Burmese military continued
to impress women for military porterage duties, and there was a
steady pattern of reports of rape of ethnic minority women by
Burmese soldiers.
     Children
Despite the establishment of various child welfare programs,
the Government allocated few resources for programs relevant to
children, and cut the share of the national budget for
education to 16 percent, with a mere 0.4 percent allocated to
social welfare services (versus almost 38 percent for the
military).
Many families allowed their young daughters to travel to
Thailand to work as prostitutes.  The rising incidence of Human
Immunodeficiency Virus (HIV) infection has increased demand for
younger prostitutes.
     National/Racial/Ethnic Minorities
Burma's myriad ethnic minorities have long resented the
dominance of the country's Burman majority.  The minorities
have been underrepresented in the Government and largely
excluded from the military leadership.  Over the last few years
and continuing in 1994, the SLORC, in the name of national
solidarity, has sought to pacify these ethnic groups by means
of negotiated cease-fires, grants of limited autonomy, and
promises of development assistance.  The Government included a
large number of ethnic minority representatives in the National
Convention and permitted extended debate on the issue of
minority autonomy.  However, the ethnic minority populations
complain that their concerns have not been addressed adequately
by the Government.
Government investment in the border areas in road, hospital,
and school construction has been modest at best and economic
development among minorities has continued to lag, leaving many
living at barely subsistence levels.  Since the focus of the
hostilities against armed insurgencies has been in the border
areas where most minorities are concentrated, those populations
have been disproportionately victimized by the general
brutalization associated with the military's activities.
Since only people who can prove long familial links to Burma
are accorded full citizenship, ethnic populations, such as
Muslims, Indians, and Chinese, continued to be denied full
citizenship and to be excluded from government positions.
People without full citizenship are not free to travel
domestically and are barred from certain advanced university
programs in medicine and technological fields (see Section
2.d.).  Anti-Chinese sentiment continued to increase.
     People with Disabilities
Official assistance to persons with disabilities is extremely
limited.  There is no law mandating accessibility to government
facilities.  While there are several small-scale organizations
to assist the disabled, most must rely on traditional family
structures to provide for their welfare.  Since 1986 Burmese
authorities have permitted representatives of the ICRC to
upgrade provision of orthopedic prostheses.  Because of
landmines and train accidents, Burma has one of the highest
rates of amputee injuries in the world.
Section 6  Worker Rights
     a.  The Right of Association
There continued to be no functioning trade unions.  Workers
were not free to form such groups, and leaders of unofficial
labor associations remained subject to arrest.  Workers
continued to be unable to strike, and there were no reported
instances of attempts to do so.
In July 1989, the United States suspended Burma's eligibility
for trade concessions under the Generalized System of
Preferences Program, pending steps to afford its labor force
internationally recognized worker rights.
     b.  The Right to Organize and Bargain Collectively
Workers do not have the right to organize and bargain
collectively to set wages and benefits.  The Government's
Central Arbitration Board, which theoretically provides a means
for settling major labor disputes, continued to exist on paper
but in practice was dormant.  Township-level labor supervisory
committees remained in place to address various low-level labor
concerns.
The Government unilaterally sets wages in the public sector.
In the private sector, wages are set by market forces.  The
Government pressures joint ventures not to pay salaries greater
than those of ministers or other high-level employees.  Joint
ventures circumvent this with supplemental pay, including
remuneration paid in foreign exchange certificates, as well as
through incentive and overtime pay and other fringe benefits.
Foreign firms generally set wages near those of the domestic
private sector but follow the example of joint ventures in
awarding supplemental wages and benefits.
No special export processing zones exist.
     c.  Prohibition of Forced or Compulsory Labor
The law does not contain provisions prohibiting forced labor.
As the military stepped up its program of road, rail, dam, and
other infrastructure projects, its recourse to forced labor
also increased.  It was conservatively estimated that many
hundreds of thousands--if not more--of ordinary citizens were
compelled to contribute labor to these public works,
undertakings unsanctioned by any democratically elected
authority.  Two very large projects using forced labor drew
international attention.  From April to July, almost the entire
adult population of Mandalay city was forced, along with
thousands from outlying areas, to contribute labor or money to
rehabilitate the moat around the Mandalay palace compound in
preparation for the "Visit Myanmar Year."  In southern Burma,
tens of thousands of villagers were dragooned into clearing
terrain and building embankments in harsh conditions along the
route of the new Ye-Tavoy railway.
     d.  Minimum Age for Employment of Children
Although the law sets a minimum age for the employment of
children, in practice the law is not enforced.  Working
children are highly visible in cities, mostly working for small
or family enterprises.  Children are hired at lower pay rates
than adults for the same kind of work, and economic pressure
forces them to work not only for their survival but also to
support their families.  Arts and crafts is the only sector
producing for the export market which employs a significant
number of children.  Despite a compulsory education law, almost
40 percent of children never enroll in school, and only a
quarter complete the basic education course.
     e.  Acceptable Conditions of Work
Surplus labor conditions and lack of protection by government
authorities continue to dictate substandard conditions for
workers, despite recent annual economic growth of at least 5
percent.  The Law on Fundamental Workers Rights of 1964 and the
Factories Act of 1951 regulate working conditions.  There is a
legally prescribed 5-day, 35-hour workweek for employees in the
public sector and a 6-day, 44-hour workweek for private and
parastatal sector employees, with overtime paid for additional
work.  The law also allows for a 24-hour rest period per week
and workers have 21 paid holidays a year.  Such provisions
actually affect only a small portion of the country's labor
force.
Only government employees and employees of a few traditional
industries are covered by minimum wage provisions.  The minimum
monthly wage for public employees (based on the market exchange
rate) is $6.00 (600 kyat), but this sum is supplemented by
various subsidies and allowances.  The general daily minimum
wage is $0.20 (20 kyats).  These wage rates apply to the lowest
level of government workers and some manual laborers; workers
in the private sector are much better paid.  The actual average
wage rate for casual laborers in Rangoon rose slightly in 1994
to about three times the official minimum, still well below
subsistence levels.  Wage increases continued to lag far behind
inflation.
Numerous health and safety regulations exist on the books, but
in practice the Government has not made the necessary resources
available to those charged with their enforcement.  By 1994 an
International Labor Organization-supported training program for
members of factory safety committees had reached about 400
persons, out of an estimated 2.43 million workers employed in
registered and unregistered enterprises.
BURUNDI1
eTITLE: BURUNDI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            BURUNDI
Burundi's first democratically elected Government retained
power following an October 1993 coup attempt and the
assassination of President Melchior Ndadaye, an ethnic Hutu.
Effective authority was limited, however, since government
confidence in the loyalty of the armed forces remained tenuous
and officials hesitated to resume full duties, fearing for
their personal safety, thus leaving their ministries to
management by incumbent civil servants of the opposition
parties.  Several ministers received anonymous death threats.
The assassinations of President Ndadaye, the President and Vice
President of the National Assembly, and of other officials
exhausted constitutional provisions for Presidential
succession.  In January a coalition consisting of the majority
(predominantly Hutu) FRODEBU Party, the elected opposition
(predominantly Tutsi) UPRONA Party, smaller political parties,
religious, business, labor, human rights, and other civic
leaders negotiated an agreement which installed majority party
leader Cyprien Ntaryamira as President.  The coalition's
selection of Ntaryamira involved the grant of a number of
power-sharing concessions to the opposition parties.  The
National Assembly passed a constitutional amendment allowing
the Assembly to fill the presidential vacancy.
On April 6, President Ntaryamira and Rwandan President Juvenal
Habyarimana were killed in a suspicious crash of Habyarimana's
airplane, which remains under investigation.  Renewed
presidential succession negotiations eventually concluded in
October with the installation of Acting President Sylvestre
Ntibantunganya to serve out the remainder of the presidential
term running to 1998.  These negotiations required further
power-sharing concessions to the political opposition.
Security forces consist of the army and gendarmerie under the
Ministry of Defense, the judicial police under the Ministry of
Justice, and the public security and documentation police
forces under the Ministry of Interior.  The high command of the
Tutsi-dominated military professed loyalty to the elected
Government and neutrality in political negotiations.  However,
in Bujumbura, it was not until August that the military acted
quickly and professionally to end civil disturbances involving
citizens of their own ethnicity.  On several other occasions,
military forces used excessive violence in government-
sanctioned operations to disarm civilians, fired on unarmed
civilians, including women and children, and engaged in burning
abuses were isolated, uncondoned breaches of discipline and and
looting of homes.  Military authorities insisted these were
corrected internally.  Neither the armed forces nor the
Government provided a public accounting of measures taken to
punish those responsible for these excesses.  However, at
year's end, according to military sources, 100 military
personnel were in prison facing general court martial for
excesses against civilians, looting, involvement in the 1993
coup attempt, or other acts of indiscipline.
Burundi is extremely poor and densely populated, with over
four-fifths of the population engaged in subsistence
agriculture.  The small monetary economy is based largely on
the export of coffee and tea.  The severe disruptions and
dislocations stemming from the October 1993 coup attempt
increased the economic misery, as large numbers of internally
displaced families were unable to produce their own food crops
and had to depend largely on international humanitarian
assistance.  The Government made little progress in its efforts
to privatize parastatal enterprises.
The Burundi security forces and armed civilian groups committed
serious human rights abuses, which the Government was largely
unable to prevent.  Perpetrators generally went unpunished.
The most serious abuses involved actions by the armed forces,
carried out in a climate of ethnic conflict.  Serious incidents
of ethnically motivated killing and destruction occurred in the
Bujumbura region, where armed troops brutally killed armed and
unarmed ethnic rivals, including women and the elderly.  Both
Hutu and Tutsi civilians in paramilitary, displaced, or
vigilante youth groups also committed extrajudicial killings.
The authorities made little or no progress in the
investigations of extrajudicial killings and have neither tried
nor punished any of the perpetrators.
Government efforts to restore security were inadequate and
mistrusted by Tutsis, particularly those gathered in displaced
persons camps.  Hutus often justifiably perceived the military
to be the principal threat to their security, rather than its
guarantor.
Members of the armed forces and vigilante groups committed
serious human rights violations with impunity.  The lack of
accountability for those responsible for the coup attempt,
assassinations, and ethnic violence was universally recognized
as a primary cause of public insecurity.  The dysfunctional
justice system could not satisfactorily address this problem
due to its own inefficiency, administrative disruption, and
public perception of its partiality.  Legal and societal
discrimination against women continues to be a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In addition to extrajudicial killings by the armed forces,
armed groups perpetrated unlawful, politically and ethnically
motivated killings of that group's ethnic counterpart or
political opponent.  The armed forces frequently committed
abuses in government-approved operations to disarm civilians.
On March 1 soldiers attacked and killed 25 civilians, including
women and the elderly, in the Kanyosha quarter south of the
capital, according to resident witnesses who fled the attack.
Soldiers also brutally killed 13 people taken into custody
after they responded to military appeals for noncombatants to
depart Kamenge.  Their bodies were discovered discarded on the
outskirts of Bujumbura, bearing bayonet wounds.  Some had
crushed skulls.
On May 9 troops in pursuit of armed civilians killed 52 unarmed
civilian residents in the nearby Gashorora region of rural
Bujumbura province.  Military authorities said they did not
condone these abuses and therefore punished the perpetrators,
but specific information about those arrested was not
available.  At the end of the year, no trials had begun.
In July, military forces removed approximately 30 male refugees
from a U.N. High Commissioner for Refugees (UNHCR) transit
point in Kabarore, Ngozi province, without prior notification
to UNHCR.  The group never returned and a mass grave for a
similar number of persons was found across the provincial
border.
Also in July, men in military uniforms gathered approximately
45 refugees, mostly women and children, into a deserted church
in Cendajeru, Ngozi, threw a grenade into the church and fired
on those who survived the blast.  The identity of the attackers
is not known.  These incidents received considerable
international media attention.
Hutu and Tutsi paramilitary and vigilante youth groups, in
territorial conflict, stoned, beat, and stabbed to death
members of the opposing ethnic group in Bujumbura.  Gangs also
waylaid buses, removing and killing passengers of opposite
ethnicity.  Buses later restricted their routes to communities
of the driver's ethnicity.  This reduced, but did not entirely
eliminate, the attacks.  In March a group of armed civilians in
Kamenge abducted and killed an army officer.  During August 7
and 8, an extremist Tutsi political leader incited Tutsi youth
to create civil violence which included the murder of 11
people.  Authorities failed to identify and prosecute the
perpetrators.
In June, according to UNHCR reports, civilians--with some
degree of complicity by unidentified military forces--separated
about 100 Rwandan Hutu refugees from their families near Kiri,
in Kirundo province, removed them to another location, and
killed them.  Local military authorities obstructed
investigation of a mass grave of approximately 100 bodies which
was subsequently discovered near the site of the killings.  One
civilian was arrested; his case is currently under
investigation.  Three other suspects fled to Rwanda before
being arrested.
In two incidents during August and September, assailants threw
grenades into the Bujumbura central market, killing and
injuring several people.  Police made arrests in both incidents
but later released the suspects due to a lack of witnesses who
were willing to testify.  It was not clear whether the attacks
were politically, personally, or criminally motivated.
Increasingly in Bujumbura, all three elements, in varying
degrees, motivated individual incidents of violence.
In August gunmen attacked the Catholic Bishop of Muyinga at the
altar while celebrating mass.  When members of the congregation
and clergy fled the church to the market, attackers armed with
machetes killed 123; the Bishop escaped.  One soldier was
arrested and his case remains under investigation.
A Hutu National Assembly member was shot in Bujumbura.  Both
Hutus and Tutsis have been accused of his murder, although an
investigation in progress at the end of the year has yielded no
suspects.  Eight communal administrators, most of whom were
Hutus, were killed in 1994.  All eight murders were presumed to
be politically motivated and investigations were pending.
Police have made arrests in some but not all of these cases.
Hutu governors in Bubanza and Kirundo were killed in political
or ethnic attacks.  Police killed one attacker in Kirundo.  No
arrest has been made in the Bubanza investigation.
Investigations are also pending in the politically or
ethnically motivated cases of an expatriate UNHCR field officer
killed in an apparent attack on another Hutu communal
administrator, attacks on a Hutu (wounded) and a Tutsi
(unharmed) National Assembly member, and attacks on two more
governors and several communal administrators, some of whom
were wounded but who survived their attacks.
     b.  Disappearance
During separate incidents in August and September, six Tutsis,
on legitimate business in the Kamenge quarter, disappeared and
are presumed dead.  Government investigations failed to
identify the perpetrators of the violence since most witnesses
either sympathize with the abductors or fear reprisals.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits these abuses but they occur in
practice.  Perpetrators of ethnic violence severely wounded
women and children, using spears and machetes.  Allegations of
torture in prison made in May and June by international human
rights organizations on behalf of several individuals charged
with participation in ethnic violence were not substantiated.
These charges were not made by the prisoners, some of whom did,
however, report brutal mistreatment by civilian arresting
forces before reaching the prison.  While the Government claims
that it does not condone such treatment, the authorities made
no serious effort to address the problem.
Prison conditions were life-threatening and characterized by
severe overcrowding and inadequate hygiene, clothing, medical
care, food, and water.  Four or even five persons were forced
to share a poorly ventilated cell 2 meters square.  Prisoners
had to rely on family members to ensure an adequate diet, and
officials acknowledged that digestive illness was a major
problem among the prisoners.  Women were held separately from
men.  At least one prison death occurred, due to poor health
conditions.
     d.  Arbitrary Arrest, Detention, or Exile
Presiding magistrates are authorized to issue arrest warrants.
Regular police and gendarmes can make arrests without a warrant
but must submit a written report to a magistrate within 48
hours of the detention.  The magistrate can order the suspect
released or confirm the charges and continue detention,
initially for 15 days, then subsequently for periods of 30 days
as necessary to prepare the case for trial.  The law allows
unlimited pretrial detention; 6 to 12 months is a typical
period, although less complex cases are dispatched more
quickly.  The police are obligated to follow the same laws but
have detained people for many months without having their cases
certified and forwarded to the Ministry of Justice as
required.  Bail is permitted in some cases.  Incommunicado
detention reportedly exists, although the law prohibits it.
Authorities generally followed legal procedures in criminal
cases, although they often exceeded the time limits prescribed
by law.  The lack of a well-trained and adequately supported
judiciary constrains expeditious proceedings.  The disruption
of the political process and the general level of insecurity
within the country have severely impeded the judicial process,
delaying a majority of criminal trials.
A National Inquiry Commission with arrest authority was
established to investigate responsibility for the October 1993
coup attempt and subsequent violence.  In May it began to make
arrests.  At year's end, the Ministry of Justice reported over
800 persons (including military personnel) were in custody for
crimes related to the coup attempt and assassinations or the
ensuing violence and reprisals.  (Military authorities confirm
14 military personnel in prison facing court martial charges
related to the coup attempt.)  Those arrested could not be
tried and remain in custody since a fully empowered President,
authorized to panel a criminal grand jury, was not installed
until October and had not yet addressed judicial questions at
year's end.  Police hold all detainees on criminal charges,
though several arrested in connection with ethnic violence
claimed they were being held for their political convictions
rather than involvement in violent acts.  Pretrial detainees
constitute about 75 percent of the prison population of
approximately 3,500 inmates.
The Constitution prohibits political exile and the Government
did not use forced exile as a means of political control.
     e.  Denial of Fair Public Trial
The judicial system was severely disrupted as a result of the
October 1993 coup attempt and the repeated presidential
succession negotiations throughout 1994.  When operating
normally, the judicial system is divided into civil and
criminal courts, with the Supreme Court at the apex.  Military
courts have jurisdiction over crimes committed by members of
the military or those involving actions against the military.
The Constitution provides for a High Court to try the
President, Prime Minister, or the President of the National
Assembly, and a Constitutional Court to review all new laws
(including decree-laws) and constitutional issues.
Citizens do not have regular access to civilian and military
court proceedings, although trials are ostensibly public.
Although defendants have a right to counsel and to defend
themselves, few have legal representation in practice.
The Constitution provides for an independent judiciary, but in
practice, it is dominated by the Tutsi ethnic group.  The
President's authority to appoint judges and to pardon or reduce
sentences was limited by constitutional amendment in September
during presidential succession negotiations.  Most Burundians
assume the courts still promote the interests of the dominant
Tutsi minority.
Besides the frequent lack of counsel for the accused, other
major shortcomings in the legal system include:  the lack of
adequate resources, trained personnel, and an outmoded Legal
Code.  Legal Code revisions begun in 1993 continued at a slowed
pace and had not yet been submitted for approval at year's end.
Since President Ndadaye's 1993 amnesty decree, there have been
no clearly identifiable political prisoners in Burundi.
However, police bring charges of involvement in violent crimes
or disturbance of the peace against detainees in connection
with political issues.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the right to privacy and the
authorities generally respect the law requiring search
warrants.  Security forces can monitor telephones and are
commonly assumed to do so.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Burundi's ethnic conflict did not erupt into civil war, but
incidents of ethnic violence continued to plague the country.
Ethnic violence resulted in 7 out of Bujumbura's 11 residential
districts being largely segregated along ethnic lines between
January and May.  Tutsis burned and looted Hutu homes in the
Ngagara, Nyakabiga, Musaga, and Cibitoke quarters.  Hutus
responded in kind in Kamenge, Kinama and Kanyosha.  In both
cases, fleeing individuals were often killed.
Credible witnesses alleged that troops pursuing armed Hutu
militants killed unarmed civilians, including women and
children, in rural Bujumbura, Muramvya, Gitega and Kayanza
provinces.  In two major operations in the Kamenge suburb of
Bujumbura in March and September, soldiers in each foray shot
and bayoneted more than 200 unarmed civilians, including women
and children.
Elements within the civilian intelligence organization provided
arms and encouragement to armed Hutu militants attacking
military patrols and stationary outposts in the interior and in
Bujumbura.  Hutus in the interior frequently attacked small
numbers of displaced Tutsis as they attempted to return to
their homes.  Military troops on legitimate disarmament
operations frequently targeted noncombatants or destroyed homes
or markets without authorization or provocation.  Displaced
Tutsis, often with the help of members of the military or armed
Tutsis from the capital, attacked Hutus and burned homes in
turn, maintaining a cycle of retribution.  Witnesses report
over 800 deaths from ethnic violence in Muyinga province alone.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the right to free opinion and
expression so long as these rights are expressed "in a manner
consistent with the public law and order."  In practice, these
rights are circumscribed by the Government's unrestrained
exercise of this proviso.  The 1992 Press Law, not enforced
until December 1993, restricts criticism of government
policies, the person of the President, and statements which the
authorities, at their discretion, could construe as contrary to
national unity or injurious to the national economy.  The law
also provides for government review and possible censorship of
all media prior to distribution.  In practice, private
newspapers were published without prior government review and
no cases of seizure were recorded.
Twenty-five newspapers appear regularly, in addition to the
government-owned French-language daily Le Renouveau.  There are
13 weekly and 3 monthly French-language newspapers; the
remainder are Kirundi-language publications, but journalistic
standards are low and most papers were simply political party
newsletters.  Others were consistent and energetic organs of
ethnic hatred.  No newspaper was banned or suppressed.
In August an undetermined source threatened and harassed three
senior editors of La Semaine, the most independent of the
French-language newspapers, as they were researching a report
on the military.  They fled the country.
Most citizens relied on the government-controlled radio
programming in French, Kirundi, and Swahili for information.
Newspaper readership, however, remained limited.  Burundi's two
government-owned radio stations (one broadcasting in Kirundi,
the other in French, Swahili, and English) allowed political
parties equal broadcasting opportunities in rotation.  Some
opposition parties complained that this arrangement provided
insufficient access.  In 1994, clandestine radio messages,
originating from unknown sources, were used to incite ethnic
hatred.
Academic freedom has not been tested.  The Civil Code does not
address academic freedom.
     b.  Freedom of Peaceful Assembly and Association
A 1991 decree-law established guidelines for granting permits
for public meetings or parades.  The Government granted
opposition parties permits for several public rallies and
demonstrations, but it occasionally denied this permission when
it alleged that the lead time was insufficient to arrange
adequate security; most meetings were subsequently
rescheduled.  Since the June 1993 elections, there have been no
reports of government harassment or bureaucratic obstacles to
the formation of associations in rural areas.  However, rural
residents other than those gathered in displaced camps were not
inclined to form associations for reasons of general security.
     c.  Freedom of Religion
There is no state religion and the Government made no attempt
to restrict freedom of worship by adherents of any religion.
However, ethnic alignments by religious affiliation led to
polarization, violence, and to mutual attacks on one another's
churches by representatives of the Catholic majority and of
various Protestant denominations.
     d.  Freedom of Movement within the Country, Foreign
         Travel, Immigration, and Repatriation
In general, the Government made no attempt to restrict
citizens' travel for political reasons, either internally or
abroad.  However, in one incident, officials of the
Tutsi-dominated Burundi immigration office denied exit to 23
Hutu students traveling on government scholarships to Bangui,
on the grounds that the majority FRODEBU Party was sending the
youths for paramilitary training.  The immigration office
presented no evidence for the claim but nonetheless prevented
the students from leaving the country.
Burundi now faces repatriation of several hundred thousand
indigent Hutu refugees who fled after the presidential
assassination and 1993 coup attempt, as well as the continued
repatriation of refugees from 1972 and 1991.  In addition,
nearly 600,000 internally displaced persons remain in camps or
dispersed in the hills.  In April and May approximately 90,000
Tutsi refugees entered freely from Rwanda.  In June violence in
Rwanda drove Hutu refugees into Burundi and the UNHCR reported
several incidents of Tutsi attacks on Hutu refugees.  The
Government made tentative efforts to resettle repatriating
refugees on a voluntary basis.
By October most Tutsi refugees had returned to Rwanda, while
approximately 216,000 Rwandan Hutu refugees remained in Burundi
at year's end.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for free, multiparty elections by
secret ballot, with a 5-year term of office for both the
President and members of the National Assembly.  The October
1993 assassination of the elected President, National Assembly
President, and National Assembly Vice President exhausted
constitutional provisions for presidential succession.  Since
security conditions precluded new elections, negotiations,
which included a broad spectrum of political parties and other
civic organizations, were held, resulting in the formation of a
coalition Government.
There are no legal restrictions on the participation of women
or indigenous peoples in elections or politics, although in
practice, both groups are underrepresented.  Women currently
hold 2 of 22 Cabinet ministries and 9 of 81 National Assembly
seats.  Though the Twa (approximately 1 percent of the
population) voted in the 1993 elections, none ran for office
nor participated actively in the political process.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigations of Alleged Violations
           of Human Rights
Private citizens harassed and threatened members of one
independent human rights group, Iteka, who left the country
after receiving threats on their lives.  Local human rights
groups received varying degrees of cooperation from government
ministries.
At the Government's request, a group of international human
rights organizations conducted an inquiry in January into
responsibility for the October 1993 coup attempt and subsequent
massacres.  The report, published in July, indicated extensive
military and civilian complicity in the coup attempt and
excessive and unnecessary use of force by the army and police.
The report also concluded that some local FRODEBU government
administrators participated in or incited the ensuing violence
against Tutsis and UPRONA Hutus in the provinces, but found no
evidence of an organized FRODEBU plan of massacre at a national
level.  The military and the political opposition immediately
dismissed the report as biased, inaccurate, and incomplete.
Other human rights groups including Amnesty International sent
delegations as well.  Physicians for Human Rights reported
resistance from local military authorities when visiting the
site of a mass grave suspected to be that of the refugees
murdered June 11 in Kirundo province.  Local military officers
prevented Physicians for Human Rights and other observers from
examining the grave site and discouraged local residents from
speaking with the group.
The International Committee of the Red Cross reported good
cooperation from government authorities in its prison visits.
BURUNDI2
i!i!TITLE: BURUNDI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution explicitly provides equal status and
protection for all citizens, without distinction based on sex,
origin, ethnicity, religion, or opinion.
     Women
Women hold a secondary place in society and face both legal and
societal discrimination.  Explicitly discriminatory inheritance
laws and discriminatory financial credit practices remain
unchanged.  Although women by law must receive the same pay as
men for the same jobs, women are far less likely to hold any
mid- or high-level positions.  In rural areas, women
traditionally perform hard farm work and have far less
opportunity for education than men enjoy.
Violence against women occurs, but there is no documentation of
its extent.  Wives have the right to bring physical abuse
charges against their husbands.  In practice this rarely
occurs.  Police do not normally intervene in domestic disputes,
and the press does not report incidents of violence against
women, including rape.  There were no known court cases dealing
with abuse of women.
     Children
The Government has taken no action to protect children's
rights, nor has it addressed the growing problem of the
increasing population of orphans which resulted from the
violence of 1993 and 1994.
     Indigenous People
The indigenous Twa (Pygmy) minority remained almost completely
marginalized, economically, socially, and politically.  Most
Twa continued to live in isolation, uneducated, and without
access to government services, including health care.  The Twa
voted in the 1993 election, but are otherwise outside the
political process.
     National/Racial/Ethnic Minorities
Burundi's fundamental problem continues to be ethnic conflict
between majority Hutus, who gained political power only with
the election of Ndadaye, and minority Tutsis, who have
historically held power and still control the military and
dominate educated society.  De facto ethnic discrimination
against Hutus--85 percent of the population--colors every facet
of society and institutions, including the military and the
judicial establishment, despite constitutional provisions and
some policies introduced under the Buyoya military
administration to attract Hutus into the professions.
The Ndadaye administration upon assuming office began a more
concerted effort to put its FRODEBU faithful into the
government bureaucracy.  Those policy changes quickly led to
increased tensions between long-term Tutsi professionals and
the FRODEBU Government.
     People with Disabilities
The Government has not enacted legislation or otherwise
mandated access to buildings or government services for people
with disabilities.  Burundi's rudimentary economy effectively
excludes the physically disabled from many types of
employment.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and the Labor Code nominally protect the
rights of workers to form unions, though the military, the
gendarmerie and certain expatriates working in the public
sector are prohibited from union participation.  Most workers
are urban civil servants.
Since its independence from the Government in 1992, the
national umbrella trade union organization, the Organization of
Free Unions of Burundi (CSB), has been financially dependent on
a system of voluntary checkoffs, as are local unions.  The CSB
represented labor in drafting negotiations for the revised
Labor Code and has participated in collective bargaining
negotiations in cooperation with individual labor unions.  The
CSB includes all labor unions except the teachers' union and is
the only existing labor federation.  The Labor Code permits the
formation of additional unions or confederations outside the
Unions are able to affiliate with international organizations.
The Labor Code also provides workers with the right to strike.
Restrictions on the right to strike and lockout are several:
that the action must be taken only after exhausting all other
peaceful means of resolution; that negotiations must continue
during the action, mediated by a mutually agreeable party or by
the Government; and that 6 days' notice must be given.  The law
prohibits retribution against workers participating in a legal
strike and this is upheld in practice.
In September the Labor Court decided in favor of workers in the
national data processing center strike, in process since
October 1993.  In the year's only other strike, teachers in
several regions of the country struck briefly, and
successfully, in September over their inability to claim assets
from an obligatory savings program.
     b.  The Right to Organize and Bargain Collectively
The Labor Code recognizes the right to collective bargaining,
which had formerly been acknowledged only by ordinance.  Since
most workers are civil servants, government entities are
involved in almost every phase of labor negotiations.  Public
sector wages are set in fixed scales in individual work
contracts and are not affected by collective bargaining.  In
the private sector, wage scales also exist but individual
contract negotiation is possible.  In principle, private sector
wage scales can also be influenced by collective bargaining,
although this is infrequent.
The Labor Code also gives the Labor Court jurisdiction over all
labor dispute cases, including those involving public
employees.  Labor negotiations are still conducted largely
between unions and employers under the supervision of the
tripartite National Labor Council, the Government's highest
consultative authority on labor issues.  The Council represents
government, labor, and management and is presided over and
regulated by the Minister of Labor.
The Labor Code prohibits employers from firing or otherwise
discriminating against a worker because of union affiliation or
activity.  This right is upheld in practice.
There are no export processing zones, although a decree-law
making the entire country a free zone for many nontraditional,
export-oriented activities was promulgated in 1992.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor and it is not
practiced.
     d.  Minimum Age for Employment of Children
The Labor Code states that children under the age of 16 are not
allowed to be employed by "an enterprise" even as apprentices,
although it also states that they may undertake occasional work
which does not damage their health or schooling.  In practice,
young children do heavy manual labor in rural areas in daytime
during the school year, including transporting bricks on their
heads.  Children are legally prohibited from working at night,
although many do so in the informal sector.  Children are
obligated by custom and economic necessity to help support
their families by participating in activities related to
subsistence agriculture in family-based enterprises and the
informal sector.
     e.  Acceptable Conditions of Work
The formal minimum wage for unskilled workers is $0.58 (140
Burundi francs) per day in Bujumbura and Gitega and $0.37 (88
Burundi francs) in the rest of the country, with a graduated
scale for greater skill levels.  This amount does not allow a
family to maintain a decent standard of living and most
families rely on second incomes and subsistence agriculture to
do so.  Employees working under a contract, particularly in
urban areas, generally earn significantly more than the minimum
wage.  All employees in the public sector work under contract.
The CSB estimates that 70 percent of employees working in the
formal private sector are covered by a contract.
The Labor Code imposes a maximum 8-hour workday and 45-hour
workweek except in cases when workers are involved in
activities related to national security.  Supplements must be
paid for overtime in any case.  The Labor Code establishes
health and safety standards requiring an employer to provide a
safe workplace and assigns enforcement responsibility to the
Ministry of Labor.  However, the Ministry does not enforce the
Code effectively.  Health and safety articles in the Labor Code
do not directly address the workers' right to remove themselves
from a dangerous work situation.
CAMBODIA1
eTITLE:  CAMBODIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            CAMBODIA
Cambodia completed its first full year under democratic rule
after 20 years of undemocratic regimes and civil war.  The
transition to democracy followed the signing of the 1991 Paris
Peace Accords by Cambodia's rival factions and a peace process
overseen by the U.N. Transitional Authority in Cambodia
(UNTAC).  This process culminated in the May 1993 multiparty
election sponsored by the United Nations.  The U.N. certified
the election as free and fair, although polling in areas
controlled by the Khmer Rouge was not possible.  The royalist
party FUNCINPEC entered into a coalition with the other parties
that participated in the election, including the Cambodian
People's Party (CPP), which had ruled the country since 1979
following the ouster of the Khmer Rouge (KR) regime by the
Vietnamese.  In September 1993 a new Constitution was
promulgated, establishing a constitutional monarchy with King
Sihanouk as Head of State.  The leader of FUNCINPEC, Prince
Norodom Ranariddh, and CPP leader Hun Sen became First and
Second Prime Ministers respectively.
The Royal Cambodian Armed Forces (RCAF) are composed of former
members of the armies of the factions that implemented the
Paris accords.  The RCAF continued to face a mostly low-level
armed insurgency by the Khmer Rouge, who signed the Paris
Accords but refused to implement them by demobilizing, opening
their illegal zones, or participating in the elections.
Although the KR have only a small number of troops, the
effectiveness of the RCAF in combating the KR was marred by
corruption, lack of materiel, overstaffing at senior levels,
poor leadership, and the Government's inability to pay troops a
living wage.  The RCAF drafted and began implementation of a
reform plan in September.  The Government announced plans to
integrate the police forces, which are composed mostly of CPP
staff, by appointing personnel from other parties.  The
Interior Ministry began to carry out this plan in the latter
part of the year.
Although the economy depends largely on subsistence rice
farming, Cambodia has a market economy.  It was a radical
Communist agrarian state under the Khmer Rouge, and had a
centrally planned economy for most of the time of
Vietnamese-backed rule, known as the State of Cambodia (SOC)
period.  Cambodia is primarily agrarian and very poor, with a
per capita gross domestic product of approximately $200.
The human rights climate was better than in past years, with a
relatively open political atmosphere, a vigorous press, and an
active human rights community.  Cambodia continued, however, to
suffer from many problems, including the ongoing threat of the
KR insurgency.  In July there was a failed coup attempt.  There
continued to be sporadic reports of political intimidation and
of murders that appeared to be politically motivated.  Emerging
democratic institutions, particularly the judiciary, were
weak.  The ethnic Vietnamese minority faced widespread
discrimination, sporadic attacks leading to numerous
casualties, and uncertain legal status.  There were credible
reports that individual members of government security forces
committed serious human rights abuses, including instances of
extrajudicial killing.  In many cases the Government lacked the
resources or the political will to act aggressively against
individuals who were responsible for such abuses.  Women and
people with disabilities, in principle protected under the
Constitution, in fact faced discrimination.
In areas they control, the Khmer Rouge denied citizens most
basic human rights.  There were confirmed reports that the KR
summarily executed large numbers of civilians, including
Cambodians, Thais, Western tourists, and Vietnamese fishermen.
The dead and wounded also included women and children.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There was no evidence of orchestrated violence by the
Government.  However, there were credible reports that
individual members of government security forces, including
members of the RCAF, committed extrajudicial killings.  In
December, an RCAF Colonel was arrested in connection with the
killing of a journalist.  (See detail below.)  There were
several other murders committed by as yet unidentified
assailants that appeared to be politically motivated.  The
authorities made few arrests in connection with these crimes,
due to a combination of ineffectiveness of law enforcement and
in some cases an intentional lack of prosecutorial vigor.
There were numerous allegations of civilians killed by RCAF
troops in various parts of Cambodia, particularly in areas in
the Northwest where fighting with the Khmer Rouge was
heaviest.  One KR soldier was reportedly beheaded after
interrogation (see Section 1.g.).  In the province of Kratie, a
civilian court convicted three provincial soldiers of voluntary
manslaughter after they killed three villagers in April.  Two
of the soldiers were sentenced to 13 years; one was sentenced
to ten years.
In November a Thai worker on a USAID construction project was
killed when soldiers fired upon the convoy in which he was
traveling.  The police questioned several persons in connection
with the case, but it is unclear whether any arrests had been
made by year's end.
On April 19, Ang Kouy, the third-ranking FUNCINPEC party
official in Kampot province, and his nephew, were killed at
close-range by unknown assailants.  According to well-informed
observers, Ang had been threatened by district officials and
believed his life was in danger.  No suspects were arrested in
the case.  Human rights organizations asserted that there was
strong evidence that local officials killed Ang Kouy.
On September 7 Nuon Chan, editor of the Voice of Khmer Youth
newspaper, was shot to death in Phnom Penh.  His newspaper had
been highly critical of government authorities of all parties
and his killing may have been politically motivated.  In
September the police arrested two suspects in connection with
the murder.  The investigating judge issued a statement that
there was no evidence against the two persons and that a
confession from one of them had been coerced.  However, the
case was returned to the investigating judge for further
investigation.  No trial had taken place at year's end.
According to human rights groups, a guard at Kampot provincial
prison shot and killed two prisoners who had surrendered after
an escape attempt in May.  The guard was not prosecuted.  Human
rights groups alleged there were several other instances which
resulted in the deaths of prisoners in which prison officials
used excessive force.
In December, journalist Chan Dara was fatally shot in the city
of Kompong Cham.  RCAF Colonel Sath Souen, who was with Chan
Dara at the time, was arrested for the killing.  There was
widespread speculation that Dara was killed in retaliation for
publishing allegations about corruption involving Kompong
Cham's rubber industry.  Sath Souen had not been tried by
year's end.
Human rights groups presented credible evidence that the
military killed at least 35 persons during the second half of
1993 at an illegal detention facility known as Cheu Kmau in a
remote part of Battambang province.  Human rights observers
believe one more detainee was killed at Cheu Kmau in January
1994.
Attacks on ethnic Vietnamese continued throughout the year,
resulting in numerous deaths and injuries.  In April unknown
assailants using grenades and AK-47's attacked a Vietnamese
village in Kandal province leaving 14 civilians dead and over
20 wounded.
The Khmer Rouge continued to execute summarily civilians in
areas under its control.  (See Section 1g.)  In July KR forces
killed nine people in a train ambush.  In October Khmer Rouge
radio announced that the KR had made a policy decision to
engage in the systematic execution of Government officials in
the countryside.  Since then several officials have been killed
by the KR, and others have been taken hostage or had their
houses burned.  The KR have kidnaped and killed other villagers
as well.  The Khmer Rouge have also broadcast threats to kidnap
foreigners, particularly Americans, French, and Australians,
and have implied that foreigners captured would be killed.  In
November the Government found the remains of three Westerners
taken hostage and subsequently executed by the Khmer Rouge
during the July train attack.  Also in November, Khmer Rouge
guerrillas were responsible for the massacre of 51 Cambodian
villagers and, in a separate attack for which the KR is widely
considered responsible, at least 21 Thai loggers, in border
areas inside Cambodia.
     b.  Disappearance
There were no reports of politically motivated disappearances.
However, people frequently disappeared temporarily, including
some who were abducted by the KR for short periods.  There was
no reliable mechanism for determining when or whether these
people reappeared.  Several such cases remained unsolved, like
that of the three Vietnamese abducted with the Westerners in
the July train attack.
The disappearances of 17 political party activists before the
May 1993 election, which UNTAC attributed to authorities of the
former State of Cambodia, remained unsolved.  Human rights
groups suspect these missing activists were killed by members
of the SOC security forces.  There were no new disappearance
cases of this nature in 1994, although people, including
individuals abducted by the Khmer Rouge, were often temporarily
unaccounted for in Cambodia.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Government does not systematically use torture, but there
were credible reports that security officials physically abused
criminal detainees, particularly during interrogations.  There
were credible allegations that in 1993 and possibly in early
1994 members of the security forces tortured prisoners in the
secret detention center, Cheu Kmau (see Section l.d.).
According to press reports, Battambang provincial officials
acknowledged in September that some prisoners were tortured in
the facility.
Discipline is poor within the RCAF and the Cambodian police;
members of the security forces commit many crimes, including
extortion, beatings, and car theft.  At least one extortion
attempt by soldiers is known to have resulted in a killing (see
Section 1.a.).
Access to prisons by human rights groups improved, and the
Government allowed human rights groups to give human rights
training to prison guards.  Many government officials appeared
determined to improve prison conditions within the limits of
available financial resources.  However, conditions in many
prisons remained unsatisfactory.  The Government allows
independent monitoring of prisons.  The U.S.-based
nongovernmental organization (NGO) Physicians for Human Rights,
which sent a team to Cambodia to investigate prison conditions,
issued a report on June 1 calling for the closure of the
judicial police prison in Phnom Penh, citing overcrowding, food
and water shortages, and a high level of violence against
prisoners.  The Cambodian NGO Licadho provided a similar
characterization of conditions in that prison and, to a lesser
extent, in other facilities.  Human rights observers say that
prisoners were often kept in their cells 24 hours a day in
violation of international standards, and that the practices of
using shackles and holding prisoners in small, dark cells
resumed after being virtually eliminated during the UNTAC
period.  A U.N. human rights official stated that prison
officials sometimes raped and abused women prisoners.  In
response to these criticisms, the Government, with the
assistance of the Australian Government and human rights NGO's,
began to take steps to improve conditions in the judicial
police prison.
     d.  Arbitrary Arrest, Detention, or Exile
A Penal Code drafted by UNTAC and approved by the interim
Supreme National Council remains in effect, as does a Criminal
Procedure Law dating from the State of Cambodia period.  The
Criminal Procedure Law in theory provides adequate protection
for criminal suspects, but in practice the Government
frequently ignored these protections.  The inefficiency of the
judicial system resulted in long pretrial detention periods.
Although the Government did not generally use detention without
charge as a means of political control, there were a few cases
in which persons, including a newspaper editor and a human
rights NGO worker, were detained for political reasons (see
Section 1.e.).
Human Rights groups criticized the Government for detaining for
a long period without charge nine Thai nationals arrested in
June for suspected involvement in the failed coup attempt.  In
October the Government tried the Thais, who were all given
three-year suspended sentences.  At year's end the nine had
returned to Thailand.
Human rights groups presented convincing evidence that 19
prisoners were held illegally by the security forces in the
secret detention facility in Cheu Kmau (see Section l.a.).
Although in 1993 UNTAC observers identified the site as an
illegal detention facility, government observers initially
denied reports of abuses at Cheu Kmau.  At year's end the
Government had not conducted a credible investigation.
However, according to press reports, Co-Interior Minister Sar
Kheng and a Deputy Governor of Battambang acknowledged in
September that Cheu Kmau was used as a detention center until
mid-1994.  Human rights groups believe the security forces
stopped detaining prisoners at Cheu Kmau by year's end.  Some
groups believe that military officials continued to detain
prisoners in other illegal facilities, but there is no evidence
to support this assertion.
Exile is prohibited in Cambodia's Constitution and is not
practiced.
No legal system is known to exist in Khmer Rouge zones.  KR
forces often seize hostages in order to intimidate villagers
into cooperating with their insurgency (see Section 1.g.).
     e.  Denial of Fair Public Trial
Although mandated in the Constitution, in practice the
Government does not ensure due process and an independent
judiciary.  There is a severe shortage of lawyers, particularly
in the provinces.  The judicial system implemented during the
SOC regime generally remains in place, and the country's
judges, most of whom were appointed during the SOC period, are
not equipped to operate an independent judicial system.  There
are frequent and credible charges of corruption by judges.  The
Constitution calls for the establishment of a body to choose
judges.  In late December, the National Assembly passed
legislation establishing a body to choose judges.  The body had
not been established by year's end.
Prisoners are usually allowed visits by their family and their
attorneys, if they have them.  However, the Government does not
provide attorneys to the indigent, although human rights groups
sometimes provide defenders.
Foreign and local NGO's are conducting major, long term
projects to train defenders and otherwise strengthen the
judiciary.  The military justice system faces similar problems.
Although the practice of holding political prisoners, common
under the SOC, has all but disappeared, there were a few cases
in which persons were detained for political reasons.
Newspaper editor Nguon Non was detained in July on national
security charges and released in August pending trial; there is
widespread speculation that he was arrested because the
Government disapproved of his coverage of the July coup attempt
(see Section 2.a.).  A human rights worker for the NGO Adhoc in
Prey Veng province was detained from November 1993 to February
1994 under an antiterrorism law; his alleged act of "terror"
was that he created instability and chaos by encouraging
villagers to reclaim their property.  Human rights groups
believe his detention was an act of retaliation on the part of
local authorities who suspected him of being the source of a
news article describing the corrupt handling of land disputes
by officials.  Human rights observers also believe that several
prisoners held in various areas on suspicion of being Khmer
Rouge members were detained for political reasons.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
According to human rights observers, the police routinely make
arrests and conduct searches without warrants.  However, the
number of forced entries into homes and offices decreased,
after a high incidence during the 1993 political campaign.
Reports of surveillance continued, but decreased as the
security apparatus of the SOC continued to be dismantled.
According to newspaper reports, the Government often monitored
private citizens' telephone calls and asked telephone companies
for records of conversations.  There were no reported
incidences of forced political party membership.  Persons in
Khmer Rouge zones are subject to rigid social controls and
accorded no right to privacy.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Fighting between government forces and the Khmer Rouge
insurgency escalated in early 1994.  A rise in the number of
incidents of excessive force and violations of humanitarian law
on both sides accompanied this fighting.  As in previous years,
many civilians were killed or wounded by indiscriminate
shelling and by land mines laid by both sides.  Villagers were
subjected to burning and looting during Khmer Rouge raids and
to harassment by RCAF officials.
Human rights NGO's reported that a Khmer Rouge soldier was
beheaded in May after undergoing interrogation by the RCAF.
According to these reports, the soldier's head was later
displayed on a wall outside the RCAF headquarters in
Battambang.  There were several other credible reports of
executions of Khmer Rouge prisoners by the RCAF.
The Khmer Rouge continued to abduct and summarily execute both
Cambodians and foreigners in areas under its control.  (See
Section 1a.)  In mid-November the Khmer Rouge massacred 51
villagers in Battambang province.  The Khmer Rouge often
attacked civilians.  A KR ambush on a train in July left 9
dead.  After the train attack hostages were taken, including
three Westerners who were subsequently killed and whose remains
were identified in November.  (See Section 1a.)  At year's end
the fate of three Vietnamese taken captive after the train
attack remained unknown.  Khmer Rouge soldiers raped the wives
of 10 RCAF soldiers in an attack on a village in Banteay
Meanchey province.
Several hundred people were abducted by the Khmer Rouge or
remained missing after being abducted in earlier years.  Most
hostages are released after several weeks, but in some cases
the captives are held for longer periods.  For example, Khmer
Rouge soldiers abducted 25 villagers in Kompong Speu province
on August 19.  After a 5-day walk they arrived at a Khmer Rouge
camp where about 35 other hostages were already being held.
They were held for approximately 7 weeks.  Some escaped, and
the rest were released after many of them became ill.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Cambodian Constitution provides for freedom of expression,
press, publication, and association.  However, the Constitution
implicitly limits free speech by requiring that the speech not
adversely affect public security and be carried out in
accordance with law.  The Constitution also declares that the
King is "inviolable."  The National Assembly has yet to
implement legislation to clarify how these articles affect
press freedom.  In practice, the Government placed some
restrictions on press freedom.  Self-censorship, reflecting the
Government's inability to ensure the safety of journalists,
remained a problem.
Cambodia's independent news organizations, which were first
allowed to operate during the UNTAC period, remained active.
At year's end, there were 33 newspapers and magazines in
operation.  The Khmer Journalists' Association, established at
the end of 1993, drew up a code of ethics and served as an
informal liaison between the press and the Government.
However, throughout the year government pressure and violence
from still undetermined sources created a climate of fear among
the members of the Cambodian press and a widespread suspicion
that journalists who criticized officials were being targeted
for violence, possibly by members of the Government or security
forces.
In March two men on motorcycles threw a hand grenade into the
office of the newspaper Intervention; police made no arrests in
connection with this incident.  In June the editor of
Intervention, Tou Chhom Mongkol, was found unconscious with a
fractured skull on a Phnom Penh street and later died.  A
police report stated that the cause of death was a collision
with a bicycle taxi.  In September another newspaper editor,
Nuon Chan, whose predecessor as editor of the newspaper Voice
of Khmer Youth had resigned after receiving threats on his
life, was shot to death in what may have been a politically
motivated killing (see Section 1.a.).  In December of
journalist Chan Dara was fatally shot in Kompong Cham (see also
Section 1.a.)
Nguon Non, editor of the Morning News, was arrested in July
under a provision of the SOC Press Law which prohibits
newspapers from publishing articles detrimental to the national
security.  His newspaper had published articles that implied
involvement of high-ranking officials in the failed July coup
attempt.  After several postponements of his trial, he was
released from prison in early August.  By year's end he had not
been tried.
Human rights groups criticized the broad language of the
SOC-era Press Law.  There are currently no laws on libel.
There were several instances in which the press printed stories
that included harsh personal criticisms of Government
officials, prompting Government threats to restrict press
freedom.  Although the final form of the draft press law under
consideration in the National Assembly was not known at year's
end, Members of Parliament may be responsive to King Sihanouk's
request that the draft law's criminal penalties for libel be
replaced by civil penalties.
The Government placed pressure on the press on several
occasions.  In May police surrounded the newspaper Sakol and
seized copies of the newspaper and printing materials.  The
newspaper had printed material critical of King Sihanouk.  The
authorities closed down the newspaper briefly, then allowed it
to reopen.  High-level government officials often hinted
publicly that they would shut down newspapers that continued to
print irresponsible stories.  Although many newspapers
continued to publish critical stories in spite of these
threats, some practiced self-censorship in order to avoid
government reprisals.
The Khmer Rouge does not allow freedom of speech or press in
zones they control.
     b.  Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and freedom of association are
provided for in the Constitution and were generally
unrestricted in 1994.  There were fewer political rallies than
in 1993, an election year.  There were no reports of disruption
of the few demonstrations that did take place, most of which
concerned land distribution.  However, human rights groups
believed that in some provinces the Government maintained a
climate of political intimidation that discouraged residents
from engaging in political activities.
Cambodia's large NGO community was generally allowed to operate
freely, particularly in Phnom Penh.  However, the lack of
legislation clarifying the rights and obligations of NGO's led
NGO's to worry that they would unintentionally run afoul of the
authorities.  The Interior Ministry registers NGO's and
requires them to submit lists of their staff, and to obtain
permission to conduct training.  There were reports that some
provincial officials enforced these requirements in a manner
which inhibited the NGO's ability to operate freely.
In Khmer Rouge controlled areas freedom of assembly and
association do not exist.  In early 1994 two participants in a
peace march in an area along the Thai-Cambodian border were
killed by Khmer Rouge gunfire.
     c.  Freedom of Religion
Buddhism is the state religion, but the Constitution provides
for freedom of religion and forbids discrimination based on
religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict travel outside Cambodia or
within parts of Cambodia it controls.  However, the presence of
land mines and bandits makes travel in some areas perilous.
The Khmer Rouge, who refused to comply with the Paris Accords
by opening the areas they control, continued to restrict access
to, from, and within these zones.
Tens of thousands of ethnic Vietnamese fled Cambodia in early
1993 due to racial violence directed at Vietnamese.  Many
returned overland after the elections.  However, the Cambodian
authorities stopped and forbade reentry to several thousand
boats on the Mekong river.  Immigration legislation passed in
August made no reference to nationality and therefore failed to
resolve the status of these people, many of whom were born in
Cambodia.
CAMBODIA2
.TITLE:  CAMBODIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for the right of citizens to change
their government, and most citizens exercised this right in the
1993 elections.  In those areas of the country controlled by
the Khmer Rouge, citizens cannot exercise this right.
Cambodia experienced its first complete year under democratic
rule in decades.  The Government was formed after a
U.N.-sponsored election in May 1993 in which each province
elected Constituent Assembly members through proportional
representation.  Some 20 parties took part; four won seats.
The United Nations certified the election as free and fair.
After the drafting of a Constitution the Constituent Assembly
became the National Assembly.  All four parties that took part
in the election entered a coalition government, which remained
in power throughout the year.
In July CPP members Sin Sen, Sin Song, and Prince Norodom
Chakrapong attempted a coup d'etat, which was quickly defeated,
in large part because of the loyalty of RCAF forces to the
Government.  In October following a 2-day trial, a military
court found guilty and sentenced those involved in the coup
attempt.  The three who led the effort received prison
sentences ranging from 18 to 20 years.  At year's end Sin Song
remained outside Cambodia, and Prince Chakrapong was in exile
in France.  Other CPP members involved received lesser
sentences.
In July the National Assembly outlawed the Khmer Rouge after
their refusal to negotiate in good faith with the Government.
Traditional cultural practices inhibit the role of women in
government.  There are seven women among the 120 members of the
National Assembly.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Cambodia's large international and indigenous human rights
community, which first began operating under UNTAC, remained
active and engaged in diverse activities.  The National
Assembly established a commission to serve as a liaison with
the human rights community.
Although generally allowed to operate freely, there were
isolated incidents in which the Government restricted NGO
activities, especially in the provinces.  There were also
credible reports of intimidation of NGO's by the Government.
An employee of the NGO Adhoc was imprisoned for what appeared
to be political motives (see Section l.e.).  Also, during a
human rights class in Kompong Chhnang province, several NGO
workers were taken away by RCAF soldiers wielding AK-47's.  The
NGO activists were held at the police station for 3 days, then
released but prohibited from conducting the human rights
class.  There were credible reports that human rights workers
were verbally threatened by provincial authorities.
On at least one occasion officials in Battambang prevented an
NGO from conducting human rights training; provincial NGO's
later stated they no longer felt restricted.
The Ministry of Foreign Affairs (MFA) interpreted as an
accusation of government involvement a statement released by
the NGO Khmer Institute for Democracy (KID) on the killing of
newspaper editor Nuon Chan.  In response, the MFA stated that
KID was operating illegally and threatened to close the
organization.  However, since KID was registered properly and
did not, as an indigenous group, fall under MFA jurisdiction,
no action was taken against the organization.  The Government
informed another indigenous NGO that it, too, was operating
illegally, but took no action to close the organization.
The Khmer Rouge does not permit any investigation of human
rights violations within their zones.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Although the Constitution prohibits discrimination based on
race, color, sex, language, religious belief, or political
views, the Government does not always protect these rights in
practice.  The Government's failure to implement these
provisions effectively means that women and children, the most
vulnerable elements of Cambodian society, are often victims of
discrimination.
     Women
The Constitution contains strong language providing for equal
rights for women, equal pay for equal work, and equal status in
marriage.  In practice, women have equal property rights with
men, have the same status in bringing divorce proceedings, and
have equal access to education and some jobs.  However,
cultural traditions continued to affect adversely women's
ability to reach senior positions in government, business, and
other areas.  There were a large number of women's NGO's and
the leaders of two of the most prominent human rights NGO's are
women.
International and Cambodian NGO workers confirm that violence
against women, including rape and domestic violence, is common,
although there have been no systematic studies to determine the
extent of the problem.  Authorities normally decline to become
involved in domestic disputes.
     Children
Children are often victims of land mines.  There is also
evidence of increasing numbers of  child prostitutes among
street children in Phnom Penh.  The Constitution explicitly
provides for children's rights, and ensuring the welfare of
children is a specific goal of the Government's political
program.  However, the Government must rely on international
aid to fund most social welfare programs targeted at children
and, therefore, resources devoted to the goal are modest.
     National/Racial/Ethnic Minorities
People of Vietnamese and Chinese background have long comprised
the largest ethnic minorities in Cambodia.  Ethnic Chinese are
well accepted.  However, fear and animosity toward the
Vietnamese, who are seen as a threat to the Khmer nation and
culture, continues.  In the absence of a nationality law, the
legal and constitutional rights of ethnic Vietnamese are
unclear.  Constitutional protections are extended only to
"Khmer people."  The Vietnamese Government and some NGO's
expressed concern that an immigration bill passed in August
could be used to conduct large-scale deportations of ethnic
Vietnamese.  The Government, however, made assurances that this
would not happen, and there were no such deportations in 1994.
The legal status of ethnic Vietnamese, many of whom were born
in Cambodia, was not resolved in the immigration legislation.
The Khmer Rouge continued a calculated campaign of racial
violence and inflammatory propaganda directed against ethnic
Vietnamese civilians, although relatively few killings of
ethnic Vietnamese could be attributed definitively to the Khmer
Rouge (see Section 1.a.).  There was violence against ethnic
Vietnamese from other sources.  In April 13 Vietnamese
residents of Kandal province were killed and 27 were wounded in
an attack on their village.  Seven suspects were arrested but
later released for lack of evidence.
Several thousand ethnic Vietnamese who fled to the
Vietnam-Cambodia border following massacres in early 1993 were
prohibited by the Government from returning to their homes.
They remained on the border at the year's end (see Section
l.d.).
     People with Disabilities
The Government does not mandate accessibility to buildings or
government services for people with disabilities.  According to
international human rights groups, one in 236 Cambodians is
missing at least one limb.  This figure reflects the continuing
impact of landmines on the population.  Programs administered
by various NGO's have brought about dramatic improvements in
the treatment and rehabilitation of amputees, but they continue
to face discrimination, particularly in obtaining skilled
employment.
Section 6  Worker Rights
     a.  The Right of Association
The current Labor Law was passed by the SOC in 1992.
Throughout the year the Government worked with the
International Labor Organization (ILO) and the Asian-American
Free Labor Institute (AAFLI) to draft a new labor code, but at
year's end the new legislation had not been passed.  Workers
have the right to form unions of their own choosing without
previous authorization, and unions are not required to join a
single trade union structure.
There were few, if any, independent trade unions active.  The
majority of salaried workers are employed by the State,
although there is a growing service sector.  A large proportion
of the urban population is engaged in low-level commerce or
self-employed artisanship.
The SOC Labor Law permits unions to join federations but does
not address whether they may be affiliated with international
bodies.
The 1993 Constitution provides for the right to strike, but the
Government has not passed implementing legislation.  There were
several strikes throughout the year.
     b.  The Right to Organize and Bargain Collectively
The Labor Law provides for collective bargaining, although any
agreement reached between workers and employees is subject to
government approval.  In practice collective bargaining does
not take place.  The Government sets wages for civil servants.
Wage rates in other sectors are set largely by the market.  The
Labor Law prohibits antiunion discrimination by employers, but
there is no mechanism for enforcement of this provision.
No export processing zones existed in 1994.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Law prohibits forced or compulsory labor and contains
penal sanctions for offenders.  However, the Government does
not adequately enforce these provisions.  There are no reports
that domestic or foreign workers are being forced to remain in
situations amounting to coerced labor, although there were some
reports of women being forced to work as prostitutes.  The
Khmer Rouge compel people under their control to serve as
porters for military and other supplies and to clear land for
farming.
     d.  Minimum Age for Employment of Children
The Labor Law states that the minimum age for employment is 16,
except for those workers in family enterprises.  Although
penalties exist for violation of these provisions, the
Government has not established an apparatus to enforce them.
Cambodians under the age of 16 years routinely engage in a
variety of jobs, including street trading, construction, and
small-scale manufacturing.  According to a NGO study, at least
86 children, most aged 11 to 14, worked in the Phnom Penh dump
collecting recyclable materials under extremely unhealthful,
dangerous, and unsanitary conditions.
     e.  Acceptable Conditions of Work
The Labor Law does not provide for a nationwide minimum wage,
but requires a wage that assures a decent living standard.
This standard wage varies according to region.  The Government,
however, does not enforce this requirement.  Currently,
market-determined wage rates at lower levels are not sufficient
to provide a decent living for a worker and family.
The Labor Law provides for a standard legal workweek of 48
hours and a 24-hour rest period and requires overtime pay.  The
Government does not enforce these standards and workers
commonly work more than 48 hours per week.  The Law states that
the workplace should have health and safety standards necessary
to ensure the workers' well-being.  However, the Government has
not yet set specific standards.  Penalties are specified in the
law, but there are no provisions to protect workers who
complain about unsafe or unhealthful conditions.  Conditions in
factories and small-scale industries are generally poor and
often do not meet international standards.
CAMEROON1
fTITLE:  CAMEROON HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            CAMEROON
Nominally a multiparty republic, Cameroon continues to be ruled
in fact by President Paul Biya and a circle of advisers drawn
largely from his own ethnic group and from his party, the
Cameroon People's Democratic Movement (CPDM).  The reigning
CPDM's power was last challenged in 1992 in relatively free
National Assembly elections and highly flawed presidential
elections.  The CPDM successfully dominates the National
Assembly through its controlling share of a ruling coalition
that has rendered the one significant opposition party in the
Assembly, the National Union for Democracy and Progress (UNDP),
essentially powerless.  In addition, Cameroon's 1972
Constitution gives extraordinary powers to the President,
including the authority to govern by decree during the 10
months of each year when the Assembly is not in session.  Few
significant opposition measures ever come to a vote.
Internal security responsibilities are shared by the national
police, the National Intelligence Service (DGRE), the
gendarmerie, the Ministry of Territorial Administration
(MINAT), Military Intelligence (SEMIL), the army, and to a
lesser extent, the Presidential Security Service.  The police
and the gendarmerie have dominant roles in enforcing internal
security laws.  As in previous years, security forces committed
numerous and egregious human rights abuses.
Cameroon's economy has continued to contract dramatically,
despite abundant natural resources.  In January the much-needed
devaluation of the CFA currency, recommended by the
International Monetary Fund and the World Bank went into
place.  While it provided a significant boost to agricultural
exports, city dwellers and salaried workers were badly
pinched.  Financially, the Government has a burdensome foreign
debt and runs a chronic budget deficit.  Its capacity to
collect revenues is hampered by widespread and long-standing
corruption and inefficiency.
The authorities continued to commit serious human rights
abuses, including a number of extrajudicial killings.  In at
least one case army troops, trying to control ethnic conflict
in Far North province and to deal with a serious problem of
banditry in that area, massacred civilians, including women and
children, in retaliation for attacks on troops by bandits.  In
numerous instances, the police and other members of the
security forces beat and tortured suspected criminals.  They
routinely beat prisoners throughout the country; in several
instances, they beat and abused opposition party activists to
intimidate and repress political activity.  The Government
rarely tries or punishes human rights abusers, thus creating a
climate of impunity in which the abuses continue to flourish.
The Government also restricted, to one degree or another,
almost all of the human rights discussed in this report,
including freedom of press and assembly, the right to a fair
trial, and the right to change the government.  The Government
has failed to carry out repeated promises to undertake
constitutional reform or hold multiparty elections.
Discrimination and violence against women remain a serious and
growing problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
While there were no killings known to have been politically
motivated, public security forces continued to be responsible
for a number of extrajudicial killings.  There were several
reliable reports of detainees having been beaten to death in
prisons around the country.  The most serious incidents
occurred in Far North province near the Chadian border, where
government security forces were called in to quell ethnic
violence between Choa Arabs and members of the Kotoko ethnic
group and to stamp out banditry.  Security forces were
responsible for arbitrary arrests of suspected perpetrators
and, in at least one case, for a retaliatory attack on a
village suspected of harboring them.
Malloum Eli, a Choa Arab arrested by government security forces
in late January in connection with an assault on government
security forces, which resulted in the death of nine soldiers,
reportedly died in detention at an army barracks in the village
of N'Djamena, Far North province.
In an apparently unrelated incident, three Choa Arabs, Harouna
Djidda, Allakhou Mahmat, and Issa Mahmat, died in the custody
of security forces shortly after their arrest on January 21 in
Far North province.  Djidda and Mahmat were credibly reported
to have been tortured to death, while the third, Issa Mahmat,
is reported to have been summarily shot.
On February 17, army troops, after an exchange of gunfire with
bandits, were credibly reported to have entered a village of
Choa Arabs in Far North province and to have massacred in
retaliation as many as 55 people, most of them women and
children, and wounded many others.  While local provincial
officials at first disputed the Choas' account of the incident,
admitting only that several villagers were injured during an
arms search, a report dated February 25 by a Far North
Provincial Commission found that a number of deaths had in fact
occurred.  Villagers claimed the army surrounded the village
and opened fire indiscriminately.  Military officials later
claimed that their troops had returned fire in self-defense.
It has not been possible to verify either side's account of the
events.  The National Commission on Human Rights and Liberties,
a government-appointed and funded group, did not have
sufficient funds to visit the site of the alleged massacre or
perform an investigation.
The Government is faced with a difficult situation in northern
Cameroon where several ethnic groups carry on banditry and
internecine disputes.  Chadians, some of them engaged in
banditry, generally move easily across the border.  There were,
however, reports that authorities arrested, mistreated, and
possibly killed detained Chadians suspected of illegal entry or
banditry.
On April 19, soldiers in Edea, Littoral province, arrested
Desire Nken for suspected burglary and tortured him to death at
a nearby military base the same day.  Photographs of his badly
beaten body were widely disseminated in the private press.  The
Government ostensibly investigated the incident but announced
no results.  During the night of May 25-26, a secondary school
student was shot to death during a riot by a gendarme in the
town of Nanga Eboko, Center province.  According to a report by
a Ministry of Education official who investigated the case,
gendarmes removed the student's body to their headquarters,
extracted the bullet, and stabbed the body to make it appear
that the boy had died during the riot by nonofficial means.  A
robbery suspect, Christian Pidi Ekoka, died on July 15 in the
custody of Douala gendarmes, following what the attending
physician determined to have been a severe beating that had
produced multiple injuries.
In September the head of a notorious special police unit that
has been widely and credibly accused of engaging in
extrajudicial arrests, tortures, and murders was arrested.
Credible reports indicate that his arrest was precipitated in
part by his extrajudicial activities.
     b.  Disappearance
There were no reports of long-term disappearances.  However,
police and gendarmes frequently failed to inform detainees'
family members or attorneys of their whereabouts.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Penal Code proscribes torture, renders inadmissible in
court evidence obtained thereby, and prohibits public servants
from using force against any person.  In spite of this, there
were many credible reports of security forces inflicting severe
beatings, systematic torture, and other inhuman treatment (see
Section l.a.).  Sanctions against those responsible are rare,
although the Government maintains that they face administrative
punishments which are not made public.  Public security forces
are credibly reported to operate a number of unofficial prisons
and torture centers of which one, the Chateau Americanos, is
particularly notorious.  These unofficial prisons have been
inaccessible to outside observers from the International
Committee of the Red Cross (ICRC) or other humanitarian
organizations.
In November the authorities arrested and jailed two Yaounde
police officers after they allegedly stripped and beat a
submagistrate who had attempted, as part of his official
duties, to visit prisoners.  No public legal proceedings had
begun involving police officers by the end of the year.
Security forces habitually inflict degrading mistreatment on
detainees, including stripping, confinement in severely
overcrowded cells, and denial of access to toilets or other
sanitation facilities.  Police and gendarmes routinely beat
detainees to extract confessions and the names and whereabouts
of alleged criminals.  In particular, they often beat them on
the soles of their feet with an iron bar or whip them with a
reinforced rubber tube.
In July the government-supported National Commission on Human
Rights and Freedoms, with a grant from the Canadian Government,
sponsored a 3-day human rights conference for military and
police officers.  Some 70 officers attended.  In November the
ICRC sponsored a course on law and order and the code of
conduct in combat, which was attended by 30 instructors from
the army, marines, and gendarmerie.
On January 12, following a riot at the University of Yaounde,
security forces supported by helicopters sealed off the
University and attacked the students with tear gas, then
transported them to the infamous Chateau Americanos.  Many were
badly beaten before being released the next day.  In another
incident, a squad of gendarmes assaulted four activists in a
branch office of the opposition UNDP Party near Bot Maka,
Littoral province, as they returned from a party meeting on
April 30.  The four were badly beaten and left unconscious by
the roadside.
Similarly, on May 21, several members of the Progressive
Movement, an opposition party, were badly beaten by gendarmes
and riot police when they attempted to hold a meeting at the
Bamenda Omnisport Stadium in Douala.  The Government had
earlier banned the intended meeting.
On September 25, a U.S. resident of Yaounde was struck in the
face and kicked in the groin by a police officer when stopped
at a roadblock and accused of speeding.  Unusually, the victim
later received an official apology.  This incident typifies
police conduct at roadblocks.  It is widely believed that some
police have targeted expatriates for harassment in order to
extort money.
Prison conditions are life threatening, especially outside
major urban areas.  Between March and September, 21 inmates
died in an epidemic of typhoid and tuberculosis in Douala's
central prison.  There are serious deficiencies in food, health
care, and sanitation in almost all prisons.  Some traditional
rulers in Northern Cameroon continue to maintain private
prisons which operate outside the authority of the government
penitentiary system.  Prisoners are sometimes chained in their
cells.  Beatings are common, with numerous credible reports
appearing in the private press of prisoners having been burned
by cigarette butts or painfully suspended over iron bars.
Seriously ill prisoners are often denied adequate medical
care.  Juveniles and nonviolent prisoners are often
incarcerated together with violent adults.  Corruption among
prison personnel is widespread.  The ICRC doesn't visit prisons
because it is too infrequently allowed access to those
detainees in whom it is interested.  These include detainees
who are detained outside the official prison system.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary, prolonged detention remains a serious problem.
Security forces failed to implement fully a Penal Code
requirement that detainees be brought promptly before a
magistrate and have held detainees incommunicado.
Police may detain a person in custody in connection with a
common crime for up to 24 hours before bringing charges.  That
period may be renewed three times.  However, the law only
provides for the right to a judicial review of the legality of
detention in a few areas of the country with an Anglophone
majority.  Elsewhere, the Francophone legal tradition applies,
precluding judicial authorities from acting on a case until the
administrative authority that ordered the detention turns the
case over to the prosecutor.  After a magistrate has issued a
warrant to bring the case to trial, he may hold the detainee in
"pretrial detention" indefinitely pending court action.
Furthermore, a 1990 law permits detention without charge for
renewable periods of 15 days "in order to combat banditry."
Persons taken into detention are frequently denied access to
both legal counsel and family members.  The law permits release
on bail only in the Anglophone provinces, where the legal
system includes features of British common law.  Even there,
bail is granted infrequently.
On July 30, the authorities arrested 28 members of the UNDP and
charged them with having fomented civil disorder as a result of
a riot in Maroua, North province, in which the motorcade of
Hamadou Moustapha, Deputy Prime Minister and Minister for Town
Planning, was attacked.  The Government claimed that the
detainees either participated in the attack or instigated it.
Leaders of the UNDP claimed that the detainees had nothing to
do with the attack and that the Government instigated the
attack as an excuse to arrest prominent members of the UNDP.
At the end of the year, the detainees remained in police
custody without any indication of when a trial would be held.
They were allowed access to attorneys.
The Government does not practice political exile.  Some
opposition members who considered themselves threatened by the
Government have voluntarily left the country and declared
themselves to be in political exile.
     e.  Denial of Fair Public Trial
The court system is part of the executive branch of Government,
subordinate to the Ministry of Justice.  Magistrates are thus
subject, particularly in political cases, to government
direction.  Corruption is endemic, and in many cases a
favorable judgment goes to the highest bidder.  Some
politically sensitive cases are never heard.
Magistrates acknowledge that rendering a decision in a
political case that displeases the Government may result in
transfer to a less desirable position.  Because appointed
attorneys receive little compensation, the quality of legal
representation for indigent persons is often poor.  The Bar
Association and some voluntary organizations, such as the
Cameroonian Association of Female Jurists, offer pro bono legal
assistance in some cases.  Trials are public.
Traditional courts are important in rural areas.  Their
authority varies by region and ethnic group, but they are often
the arbiters of property and domestic disputes and may serve a
probate function as well.  Most traditional courts permit
appeal of their decisions to traditional authorities of higher
rank.
There were no known political prisoners, as distinct from
political detainees, at year's end.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Both invasions of the home and tampering with correspondence
are illegal, but there were numerous credible reports that
police and gendarmes harassed citizens and conducted searches
without warrants.  Security forces, including police,
frequently set up roadblocks to extract bribes from travelers.
This longstanding practice appears to have increased as the
economy declined.  In June a high-ranking CPDM official
involved in a commercial dispute with a foreign citizen, rather
than resolve his dispute through legal means, employed the
police to seize the citizen's property unlawfully.  The foreign
citizen then sought redress through the courts.  At year's end,
the dispute remained before the courts without resolution.
On August 23, the national police breached accepted diplomatic
immunity in forcibly entering U.S. Government diplomatic
property (USAID and Administrative Compound) in Yaounde,
removing three vehicles and miscellaneous items.  The bailiff
claimed he had authority to seize the property pursuant to a
court decision.  The bailiff also claimed to have an order of
execution (warrant) signed by the Attorney General.  Police and
bailiffs again forcibly entered the grounds on August 26 and
again attempted to seize U.S. Government property.  The Embassy
in both instances protested vigorously this violation of
diplomatic immunity and twice received high-level apologies.
Government officials repeatedly promised that the vehicles
would be returned to the Embassy, but at year's end their
return was still pending.
There were numerous credible reports that the Government kept
some opposition activists and dissidents under surveillance.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Constitution provides for freedom of expression
and press, these liberties are not always respected.  In 1990 a
new law established more liberal regulations to begin
publication of newspapers and magazines.  That law, however,
formally enshrined prepublication censorship and granted the
Ministry of Territorial Administration the authority to suspend
or revoke the right to publish.  The law also provided for the
licensing of private radio and television stations, but at the
end of 1994, no licenses had been granted, and the Government
retained complete control of the electronic media.  Public
servants employed by the official media face retribution for
openly criticizing the Government, as in the case of numerous
radio and television journalists who have been transferred to
less desirable assignments for remarks that the Government
considered critical.
The Government publishes an official newspaper, the Cameroon
Tribune, and determines the content of radio and television
broadcasts.  Nevertheless, Government reporters sometimes write
articles which implicitly criticize the ruling party or portray
government programs in an unfavorable light.  The government-
controlled broadcast media provide disproportionately greater
attention to CPDM functions, than to opposition events.
Approximately 40 to 50 private newspapers are published, most
only sporadically.  These newspapers are often outspoken in
their criticism of the Government and the President, but
newspapers are not read widely outside the major cities.
Censorship declined and was suspended completely for a period
of about 6 weeks following a national communications conference
in late August.  By mid-October, however, censorship was
reinstituted, and police posted at printing plants to enforce
it.  The Government continued to censor articles or newspapers
that it considered libelous or a threat to the public order.
As in earlier years, authorities seized or restricted articles
critical of the Government and its supporters.
By year's end, the Government had censored 73 individual
articles, seized 7 issues of various newspapers, and suspended
3 newspapers for periods ranging from 1 to 3 months.  During
the course of the year police arrested or intimidated several
journalists and editors.
Authorities detained publishers and editors for publication of
unfavorable news and commentary about the Government.  For
example, on January 7, police arrested Ndzana Seme, publisher
of Le Nouvel Independant, following an interview with
Presidency Secretary General Joseph Owona in which Owona was
quoted as having made unfavorable comments about the Bamileke
ethnic group.  Police held Seme for 3 days without charges in
three different Yaounde police stations.  His newspaper was
suspended for 2 months.  Seme's wife was not notified of his
arrest, nor was she permitted to visit him.  Ndzana Seme was
arrested again on October 14 on charges of inciting public
disorder and of slander against President Biya.  The charges
were precipitated, apparently, by a series of articles dealing
with inner circle political scandals in the Government.  The
arresting authorities, however, cited no specific offending
article.  After being held without bail for 2 1/2 months, his
case was heard on December 23.  He was found guilty on both
counts, and fined approximately $900, given a 1-year suspended
prison sentence, and placed on probation for the next 3 years.
Although there are no legal restrictions on academic freedom,
it is generally believed that there are state security
informants on university campuses.  Some professors believe
that their political viewpoints and activism have had a
negative impact on professional opportunities and advancement.
Free political discussion at the university is dampened by the
presence of armed security forces, as well as the sometimes
strident pro-opposition groups.  In July newly appointed
Minister of Higher Education Peter Agbor Tabi decreed that
university lecturers would not be permitted to depart Cameroon
without his specific authorization.  In at least one instance,
a departing professor was removed from an airplane destined for
Bangui by security forces and forbidden to leave the country.
The Education Minister's apparent primary purpose in initiating
the travel ban, which has not been tested in court, was to stem
the outward flow of trained cadres rather than inhibit the
movement of political opponents.
     b.  Freedom of Peaceful Assembly and Association
Freedom of assembly and association are provided for in law but
restricted in practice.  The Penal Code prohibits public
meetings, demonstrations, or processions without prior
government approval.  Some 90 political parties operated
legally, albeit with severe restrictions, along with a growing
number of civic associations.
The Government severely hindered the ability of opposition
parties to operate, generally by refusing them permission to
hold meetings on various technicalities.  While the Government
insisted that political parties were permitted to hold meetings
if they had obtained a permit, it frequently denied permits on
the grounds that the proposed meetings threatened public
order.  Through such means, the Government prohibited the UNDP
from holding meetings in its stronghold of Adamaoua and the
North provinces, following a riot in Maroua in late July.
Although the ban on meetings included all parties, the
directive was clearly aimed at the UNDP.
Similarly, the Government in August banned meetings by the
Social Democratic Front (SDF) Party, and several times
prohibited the Progressive Movement Party from holding a rally
in Douala.  Various bans and interdictions effectively limited
the ability of opposition parties and coalitions to function
normally.  On November 26, government security forces broke up
a rally in Bafoussam by members of the Allied Front for Change,
a coalition of 16 opposition political parties.  Police
prevented John Fru Ndi, the head of the coalition, from
entering the city to lead the rally and arrested several
coalition activists.  The Government asserted that, as the
coalition is not a legally recognized political party, it does
not have the right to stage rallies.  The Government permitted
the Allied Front for Change to hold an end-of-year rally in
Yaounde on December 29, but discouraged attendance through
intimidation tactics, such as roadblocks on routes leading into
Yaounde, a heavy police presence around the stadium venue, and
helicopters circling over the stadium.
     c.  Freedom of Religion
The Government generally does not restrict freedom of
religion.  A religious group must be approved and registered
with the Ministry of Territorial Administration in order to
function legally.  There were no reports of Government
harassment of Jehovah's Witnesses, although the Government has
not returned properties confiscated in 1970.  The Witnesses are
free to build new places of worship.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law does not restrict freedom of movement within the
country, but the Government does in fact impede domestic
travel.  Police frequently stop travelers to check
identification documents, vehicle registrations, and tax
receipts as security and immigration control measures.  With
increasing frequency, police demanded illegal payments from
citizens at roadblocks or other points.
Although most opposition leaders traveled freely, some
political activists faced restrictions.  The Government, for
instance, occasionally used its passport control function to
prevent dissidents from leaving the country.  In February, for
example, Charly Gabriel Mbock, the national campaign manager
for the SDF, was prevented from traveling to Benin where he was
to represent his party at a conference.  Airport special police
questioned Mbock for several hours under the apparent pretext
that he was wanted for a criminal offense and freed him only
after his flight had departed.  In several instances,
opposition parties erected roadblocks or otherwise impeded free
movement of the public.
Cameroon has long served as a safe haven for displaced persons
and refugees from the region.  The Government estimates the
total number of displaced Africans, mostly Chadians, at
45,000.  Although Cameroon occasionally returns illegal Chadian
immigrants, there were no reports of forced repatriation of
recognized refugees.  Some illegal immigrants have been
subjected to harsh treatment, including imprisonment (see
CAMEROON2
GTITLE:  CAMEROON HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section l.a.).
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the constitutional right to change their
government, but the 1992 presidential elections, which were
marred by widespread government manipulation, and the near
total dominance of the political process by the President and
his party call into serious doubt the ability of citizens to
exercise this right.
In contrast to the relatively open March 1992 National Assembly
elections, the last presidential election held in October 1992
was characterized by widespread irregularities; it was highly
criticized by independent observers and widely regarded in
Cameroon as fraudulent.
The Government's control over Cameroon's administrative
apparatus is broad and deep.  The President appoints by decree
the chief operating official, the Government Delegate, of
Yaounde, Douala, Bamenda, and several other large cities, which
have no elected mayors.  The governors of each of the provinces
are also appointed directly by the President.  Important lower
level members of the provincial administrative structures,
including the senior divisional officers, the divisional
officers, and the district chiefs are all appointed by the
Prime Minister, who is also a member of the CPDM.  The
governors and senior divisional officers wield considerable
authority within the areas under their jurisdiction, including,
significantly, the authority to ban political meetings that
they deem likely to threaten public order.  Governors and
divisional officers frequently exercised this authority during
the year to ban meetings by opposition parties.
The CPDM's longevity is best explained by the fact that the
extensive powers it derives from the 1972 Constitution enable
it to maintain itself in power.  Opposition parties,
recognizing that they are unlikely to win a significant measure
of participation in the governance of Cameroon under the
present Constitution, have consistently called for a process of
constitutional reform that would lead to a greater
decentralization of presidential power.  On December 15, the
President convened a consultative constitutional review
committee to review a draft constitution prepared by the
Government without outside consultation.  The members of the
committee were selected entirely by the President without
reference to the wishes of any other groups or entities and
were given 1 week to convey their responses to the Government's
draft.  The committee's deliberations were not open to public
scrutiny.  Far from mollifying opposition groups, this maneuver
by the Government was seen as an effort to manipulate
constitutional changes in a way that minimized public debate or
broad participation.
In April the Government attempted to ban a meeting of the
All-Anglophone Conference (AAC).  The AAC, a loose structure of
Anglophone organizations primarily from Cameroon's Northwest
and Southwest provinces, defied the ban and met secretly to
discuss constitutional reform issues, primarily focusing on the
creation of a federal system within Cameroon that would give
the Anglophone West a greater degree of autonomy.  Government
officials expressed concern that the AAC planned to issue a
call for secession by the Anglophone provinces.  In their
efforts to block the meeting, the Government first issued a ban
order, then placed security forces around the scheduled meeting
site.  AAC delegates contravened the Government's efforts by
holding a series of secret meetings.  The delegates, rather
than calling for secession, called for renewed efforts to
negotiate a federal constitution within a reasonable time.
The Government has focused its energies on weakening and
destabilizing all sources of opposition to the hold exercised
by the Beti ethnic group in the circle around the President and
within the CPDM.  However, while the President's inner circle
is heavily drawn from his own Beti ethnic group, all levels of
the administration include significant numbers from other
ethnic groups.  There are no specific discriminatory laws
prohibiting women or minorities from participating in
government or in other areas of public life.  Women are
represented in the President's Cabinet (2 of 44 members), the
National Assembly (21 of 180 members), the CPDM, the judicial
system, and numerous state-run enterprises, although not in
numbers proportional to their share of the population.
Suffrage is universal at age 20.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Domestic and international human rights monitoring groups
continued to operate.  Nevertheless, the Government impeded
their effectiveness through intimidation.  It limited access to
prisoners, delayed issuance of visas to international monitors,
and, in the case of the governmental National Commission on
Human Rights and Freedoms, withheld financial resources.
Among numerous nongovernmental civic associations, some of the
most active include the National League for Human Rights, the
Organization for Human Rights and Freedoms, the Association of
Women against Violence, the Cameroonian Association of Female
Jurists, the Cameroonian Association for Children's Rights, and
the Human Rights Clinic and Education Center.  Financial
hardships, inexperience, and occasional fear of government
reprisals sometimes discouraged these groups from publicly
criticizing the Government's human rights record.
Nevertheless, several organizations issued press releases to
denounce specific human rights abuses.
In general the Government did not respond publicly to specific
allegations of wrongdoing by human rights monitors.  Instead,
it issued a "white paper" on the state of human rights in the
country, which was widely criticized by independent observers
as an attempt to distort and justify its actual record of
abuses.  The ICRC did not visit prisoners in 1994 because past
experience indicated that, even when the Government permitted
ICRC access to prisons, it did not always provide access to
detainees of particular concern.  A few other international
organizations conducted investigations, and one in particular,
Paris-based Rapporteurs Sans Frontieres, denounced the
Government's repeated detention of journalists.  Amnesty
International issued reports on several cases of alleged human
rights abuses, and Article 19, a London-based organization,
also investigated abuses.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on sex,
enshrines freedom of religion, and mandates that "everyone has
equal rights and obligations."  However, discrimination based
on race, language, religion, or social status is not explicitly
forbidden.
     Women
Despite constitutional provisions recognizing women's rights,
women do not, in fact, enjoy the same rights and privileges as
men.  Polygyny is permitted by law and tradition, but polyandry
is not.  The extent to which a woman may inherit from her
husband is normally governed by traditional law in the absence
of a will, and customs vary from group to group.  In many
traditional societies, custom grants greater authority and
benefits to male than to female heirs.  In cases of divorce,
the husband's wishes determine custody of children over the age
of 6.  While a man may be convicted of adultery only if the
sexual act takes place in his home, a female may be convicted
without regard to venue.  In the northern provinces,
traditional leaders (Lamidat) prevent their numerous wives from
ever leaving the palace.
Women's rights advocates report that violence against women has
surged in recent years, and that the law does not impose
effective penalties against violators.  Spouse abuse is not a
legal ground for divorce.  In cases of sexual assault, a
victim's family or village often imposes direct, summary
punishment upon the suspected perpetrator through means ranging
from destruction of property to lynching.  While there are no
reliable statistics on violence against women, the number of
newspaper reports indicates its frequency is high.
     Children
The Constitution provides for a child's right to education, and
schooling is mandatory through age 14.  Nevertheless, rising
school fees and costs for books have forced many families to
forego sending their children to school.  Babies and small
children are sometimes held in prison if their mothers are
incarcerated.  Familial child abuse is not common, but is one
of several targeted issues of children's rights organizations.
Female genital mutilation (FGM), which has been condemned by
international health experts as dangerous to both physical and
psychological health, is not practiced widely but is practiced
in some areas of Far North and Southwest provinces.  It
includes the most severe and dangerous form of the abuse,
infibulation, and is usually practiced on young, preadolescent
girls.  The Government does not recognize FGM as a problem and
has allocated no resources to education on the issue.
     National/Racial/Ethnic Minorities
There are frequent and credible allegations of discrimination
among Cameroon's more than 200 ethnic groups.  President Biya's
Beti ethnic group receives special preferences in all sectors
affected by the Government.  As a result, Betis hold a
preponderance of key positions in Government, the security
forces, and the military.  In other sectors, discrimination by
other ethnic groups is common.  Virtually all ethnic groups
tend to provide preferential treatment to fellow members of
their group when they are able to do so.
An important ethnic and political division falls along
linguistic lines rooted in the colonial period.  The Anglophone
minority (20 percent) often charges that the Francophone
majority does not share real power and that the Government
provides fewer economic benefits to English-speaking regions.
As noted in Section 3, the Government tried to prevent the
Second Annual Convention of the All-Anglophone Conference from
taking place in Bamenda, the capital of Northwest province.
Cameroon's indigenous population of Pygmies (a term which in
fact encompasses several different ethnic groups) primarily
resides in the forest areas of the south and southeast.  While
no legal discrimination exists, other groups often treat the
Baka as inferior and sometimes subject them to virtual slave
labor.
     People with Disabilities
The Constitution does not specifically protect the disabled.
Lack of facilities and care is particularly acute for the
mentally handicapped.  Although Cameroonian society is
generally tolerant of physical disabilities, which are
commonplace, the Government has not mandated accessibility for
the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The 1992 Labor Code allows workers to form and join trade
unions of their own choosing.  It permits groups of at least 20
workers to organize a union but also requires registration with
the Ministry of Labor.  Provisions of the Labor Code do not
apply to civil servants, employees of the penitentiary system,
or workers responsible for national security.  Some sections of
the Labor Code have never taken effect, as not all of the
implementing decrees have been issued.  No new implementing
decrees were issued in 1994.
The National Union of Teachers of Higher Education (SYNES)
applied in 1991 for legal status as a public service
association, as did the National Union of Contract Officers and
State Agents in 1994.  At year's end, the Ministry of Public
Service had not accorded legal status to either union.  The
Government also never responded to a 1993 finding by the
International Labor Organization  Committee on Freedom of
Association that the Government was at fault for delays in
registering SYNES, and for failure to respond to charges that
its members were subject to harassment.
The Labor Code explicitly recognizes workers' right to strike
but only after mandatory arbitration.  It provides for the
protection of legal strikers and prohibits retribution against
them.
As the economy contracted, the Government and state-owned
enterprise sector fell behind in salary payments, and several
strikes occurred.  The civil servants' strike which had begun
in December 1993 continued into February 1994.  Since the
Government has never recognized civil servants' unions, it
considered the strike illegal.  In January, 11 members of the
National Union of Secondary School Teachers, SYNAES, were
arrested, detained for 5 days at provincial police
headquarters, and reportedly beaten.  Subsequently, over 150
secondary school teachers were dismissed, and at least 75
teachers had their salaries suspended.  In addition, the
president of SYNES and the president of the National Order of
Cameroon Teachers as well as other leading activists in the
strike were dismissed from their civil service positions.
Despite an agreement between the Government and public sector
employees in early March which barred any further punishment of
civil servants who took part in the strike, many public sector
employees complained of continued harassment and intimidation,
including 11 professors at the University of Yaounde, who were
suspended for "irregular absences."  The 11 who were suspended
were among the most active supporters of the strike.
The only labor confederation is the Confederation of
Cameroonian Trade Unions (CCTU), formerly affiliated with the
ruling CPDM party under the name Organization of Cameroonian
Trade Unions.  The CCTU formally declared its political
independence in 1992, but Secretary General Louis Sombes'
attempts to exert that independence met with considerable
government opposition in 1994.  In April the CCTU President,
also a member of the CPDM's Central Committee, dismissed Sombes
in spite of the opposition of the remaining members of the CCTU
Executive Committee.  When Sombes continued to exercise his
duties as Secretary General, police detained him and several of
his associates for several hours.  Meanwhile, a new secretary
general, appointed by the CCTU President, took office.
In May the International Confederation of Free Trade Unions
(ICFTU) condemned the actions of the police and of the CCTU
President as "actions which violate internationally recognized
labor standards and practices as set out by conventions of the
International Labor Organization."  Nevertheless, in early
September, police broke into CCTU headquarters, changed the
locks on Sombes' office doors to bar his entry, and locked
Sombes and his family out of their CCTU-owned official
residence.  Although a Yaounde court subsequently ruled that
Sombes should be reinstated in his position, he had not
regained access to his office by the end of the year.
The CCTU is a member of the Organization of African Trade Union
Unity and the ICFTU.
     b.  The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining between
workers and management in local workplaces, as well as between
labor federations and business associations in each sector of
the economy.  Nevertheless, no sectoral collective bargaining
negotiations had been undertaken by the end of 1994.
The Labor Code prohibits antiunion discrimination, and
employers guilty of such discrimination are subject to fines
ranging up to the equivalent of $2,000 (1 million CFA).
However, employers found guilty of antiunion discrimination do
not have to reinstate the workers who have experienced
discrimination.  The Ministry of Labor reported no complaints
of such discrimination in 1994.
Three firms obtained approval in 1994 to operate under
Cameroon's Industrial Free Zone regime, and four more submitted
applications.  Free zone employers are exempt from some
provisions of the Labor Code but by law must respect all
internationally recognized worker rights.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is officially prohibited by the
Labor Code.  However, Cameroonian prisons continued to allow
inmates to be contracted out to private employers or used as
communal labor for municipal public works.
There are credible reports that slavery continues to be
practiced in the Lamidat of Rey Bouba, an isolated traditional
kingdom in North province.
     d.  Minimum Age for Employment of Children
The Labor Code establishes that no child may be employed before
the age of 14.  Ministry of Labor inspectors are responsible
for enforcing the minimum age of employment but lack resources
for an effective inspection program.  In rural areas many
children begin work at an early age on family farms.  Often,
rural youth, especially girls, are employed by relatives as
domestics, while many urban street vendors are under 14.
     e.  Acceptable Conditions of Work
Under the Labor Code, the Ministry of Labor is responsible for
setting a single minimum wage applicable nationwide in all
sectors.  In 1993 the Prime Minister failed to sign a decree
establishing the monthly minimum wage at approximately $80
(25,000 1993 CFA).  The devaluation of the CFA in January
rendered the proposed minimum wage unacceptable, and a new
minimum wage had not been negotiated by the end of 1994.
The Labor Code establishes a standard workweek of 40 hours in
public and private nonagricultural firms, and 48 hours in
agricultural and related activities.  The Code makes compulsory
at least 24 consecutive hours of rest per week.  The Government
sets health and safety standards, and the Ministry of Labor
Inspectors and Occupational Health Doctors are responsible for
monitoring these standards.  However, they lack the resources
for a comprehensive inspection program.
CANADA1
STITLE:  CANADA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             CANADA
Canada is a constitutional monarchy with a federal
parliamentary form of government.  Representatives in the
multiparty political system are elected by universal suffrage
at local, provincial, and federal levels.  An independent
judiciary interprets the Constitution.
Elected civilian officials control the federal, provincial, and
municipal police forces.  The armed forces have no role in
domestic law enforcement except in national emergencies.  Laws
requiring the security forces to respect human rights are
strictly observed, and violators are punished by the courts.
Canada has a highly developed market-based economic system.
Laws extensively protect the well-being of workers, and provide
for workers' freedom of association.
Canadians enjoy, in law and in practice, a wide range of
freedoms and individual rights as provided for in the Charter
of Rights and Freedoms, which was appended to Canada's revised
Constitution in 1982.  Principal complaints concerning human
rights issues have to do with discrimination against
minorities, aboriginals, the disabled, and women.  The
Constitution and laws provide avenues for legal redress of such
complaints, and the Government and private organizations seek
to ensure that human rights are respected in practice at all
levels of society.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.  Several members of a Canadian military
unit faced or are currently facing courts-martial for torturing
and killing a suspected thief in their custody during a
peacekeeping mission in Somalia in 1993.  The primary suspect
was found to be mentally unfit for trial.  Several defendents
were found guilty, including one who was convicted of torture.
In July the Federal Government amended the Criminal Code to
further restrict use of deadly force by police officers against
fleeing suspects.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and other cruel or inhuman treatment,
and the authorities generally respect this.  During 1994 there
were isolated reports of excessive use of force by police.
Such incidents often strained relations between minority
communities and the police.  In Toronto, police developed a
cross-cultural course on race relations that is to start in
1995, and expanded other training.  Minorities continued to be
underrepresented on most police forces, although new hiring
procedures seek to correct this.
In December a Quebec Court ruled that five officers from the
Montreal Urban Constabulary (MUC) must stand trial on
aggravated assault charges stemming from the alleged beating of
a suspect in 1993.  A provincial-level inquiry into this and
previous incidents recommended various specific corrective
measures after it found the MUC to be poorly supervised,
insufficiently trained, inadequately equipped, and racist.  The
new police chief began to implement many of the
recommendations.  A multiracial independent committee on police
ethics found that a 1991 MUC lethal shooting was a justifiable
use of force.
Prisons in Canada are open to independent monitoring by human
rights groups and the media.
(See also the case cited in 1.a.)
     d.  Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest and imprisonment, and is
respected in practice.  It requires arrests to be made under
warrants issued by judicial authorities, except in cases
involving violation of the Official Secrets Act.  Suspects must
be charged before a justice of the peace or a judge within 72
hours of arrest.  During national emergencies, the Federal
Government is authorized to take special measures, including
the suspension of civil liberties, to ensure safety and
security.
In September a Supreme Court decision strengthened the rights
of individuals to receive immediate legal advice before
questioning by authorities can begin.
     e.  Denial of Fair Public Trial
The judicial system is based on English common law at the
federal level as well as in most provinces; in the province of
Quebec it is based on the Napoleonic Code.  Throughout Canada,
judges are appointed.  In criminal trials, the law provides for
a presumption of the defendant's innocence and the rights to a
public trial, to counsel (free for indigents), and to appeal.
In 1994, judges occasionally exercised their power to close
courtrooms to the media in order to protect victims (mainly,
children) and to guarantee fair and impartial hearings.  Such
actions caused considerable controversy (see Section 2.a.).
The overwhelming majority of trials, including military
courts-martial, remain open to the public and the media.
Under the Official Secrets Act, which prohibits the private
possession, distribution, or publication of information deemed
prejudicial to the interests of the State, trials involving
classified government information may be held in secret, with
certain presumptions in favor of the State.  Prosecutions under
this statute are extremely rare, and convictions have proven
hard to sustain on appeal.  During 1994, federal authorities
seized material from a television station in conjunction with
an ongoing investigation of possible violations of the Act by a
former government employee.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution affords Canadians strong legal protection from
arbitrary interference, and federal and provincial governments
generally do not interfere with an individual's basic rights
without due process.  Intrusive searches may be carried out
only when there is a demonstrable, reasonable basis for
presuming the affected person is involved in criminal
activity.  Police officials face judicial penalties for abuse
of a person's privacy if they do not obtain a judicial search
warrant in advance.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the authorities generally respect this.  In 1993 an Ontario
judge banned news reports about a trial concerning a grisly
murder; in 1994 a group of media organizations unsuccessfully
tried to have this ban declared unconstitutional, and in May a
judge fined an individual for violating the ban.  In December
the Supreme Court ruled that the Charter of Rights and Freedoms
gives equal standing to the right of free speech and the right
to a fair trial; it is unclear how this ruling will affect
media restrictions already in place.
Some restrictions on free speech and press are imposed by
provincial-level film censorship, broadcasters' voluntary codes
curbing graphic violence, and laws against hate literature and
pornography.  In 1994 television stations canceled a show for
children after complaints about its violent content.
Federal customs authorities confiscate sexually explicit
material when inspecting imported material.  During 1994 human
rights and homosexual organizations protested such a seizure of
books intended for a store in British Columbia.  Toronto police
confiscated paintings of children which they claimed were
indecent under Federal statutes.
The Canadian Human Rights Act prohibits repeated communications
by telephone that expose a person or group to hatred or
contempt.  In 1994 federal courts jailed several individuals
who violated this law.
The Constitution protects the linguistic and cultural rights of
minorities.  Laws in the province of Quebec stipulate that
French is the working language of most businesses, and require
most children to receive publicly-funded education in French.
In 1993 Quebec liberalized its law restricting public display
of signs in languages other than French; in 1994 the province
dropped charges against several individuals who had violated
the old law while it was still in effect.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the authorities respect this.  Permits are not
required for meetings.
     c.  Freedom of Religion
There is complete freedom of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel within, from, or back to the
country, and to emigrate or repatriate.  Canada continues to be
a haven for many refugees and asylum seekers.  The Government
cooperates with the Office of the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting
refugees.  There are no credible reports of forced expulsion of
those having a valid claim to refugee status.
Canada recognizes refugee claims from applicants facing
persecution because of gender.  Although the guidelines on
granting refugee status to women do not have the status of
laws, they are based on the Canadian Charter of Rights and
Freedoms and other human rights legislation.  In 1994, the
first full year in which the guidelines were in effect, some
two-thirds of such claimants were granted refugee status.
The Government's policy of deporting noncitizen immigrants who
have a record of serious criminal convictions was challenged
before the U.N. Human Rights Committee by a Toronto resident.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Federal and provincial governments are freely elected by secret
ballot through universal suffrage.  The Governor General
represents Canada's Head of State, Queen Elizabeth II.  In
practice, power is exercised by the Prime Minister and the
Cabinet, who usually are elected members of the 295-seat House
of Commons.  Legislative elections at both the federal and
provincial levels must be held at least every 5 years.
The official opposition in Parliament, as well as the Quebec
Provincial Government, supports independence for Quebec.
All citizens have equal political rights, and these rights are
respected in practice.  There are no impediments de jure or de
facto to participation by women, minorities, and aboriginals at
any level in politics or government.  Women have headed major
political parties and served as Prime Minister and Governor
General.  Although aboriginals are usually consulted on
decisions affecting their interests, many bands continue to
press the Government to grant them more autonomy.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The numerous private human rights organizations in the country
operate freely.  The Canadian Human Rights Commission and its
provincial counterparts investigate and seek to resolve
complaints of discrimination and abuses of civil rights.
Canada has a long-standing record of cooperation with outside
investigations of alleged human rights abuses.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Charter of Rights and Freedoms provides for equal benefits
and protection of the law regardless of race, sex, religion,
mental or physical disability, national or ethnic origin, or
age.  The Government generally respects these rights, but there
are occasional charges of violations by officials.
In September a new law in Ontario, the Employment Equity Act,
required the vast majority of employers to begin removing
discriminatory barriers against women, aboriginals, people with
disabilities, and racial minorities.  The Act covers about
three-fourths of the work force in Ontario.  It does not apply
to employers in the private sector with under 50 employees, to
employers in the public sector with under 10 employees, to
police forces covered by the Police Services Act (which has its
own equity regulations), or to federally-regulated employers
such as banks.  Ontario's public sector is also covered by
earlier, similar legislation, which specifically designates
French-speakers as one of the groups thus assisted.
Despite Canada's policy of bilingualism, English-speakers in
Quebec and French-speakers in other provinces generally use the
majority language.  In Quebec, language laws allow access to
public English-language schools only for children whose parents
received English-language education in Canada.  While the other
provinces do not have similar laws restricting access to public
French-language schooling, many of their localities have
inadequate facilities.  The recent establishment of
French-language school boards in Alberta, Saskatchewan, and
Manitoba are intended to help alleviate such problems.
     Women
The law prohibits violence against women, including spousal
abuse.  Enforcement may be hindered, however, by a recent
Supreme Court ruling which established extreme drunkenness as a
valid defense.  Defendants in a rape trial and in a spousal
abuse trial used this defense and were acquitted.  The
Government is considering legislation to restrict this defense.
Federal and provincial governments and nongovernmental
organizations are continuing to fund various educational and
preventive programs dealing with family violence, largely
focusing on violence against women.  Many police forces now run
courses that train officers to deal with family violence.
Women are well represented in the labor force, including
business and the professions, but government reports show that
women generally still earn considerably less than men in
similar work, despite recent gains.  Other surveys indicate
there is little if any such disparity for women who are
university graduates.  Women enjoy the same marriage rights and
property rights as do men.
The law prohibits sexual harassment, and the Government
respects this provision.  Official data released in December
indicated that 23 percent of adult women had suffered sexual
harassment in the workplace.  Labor unions and other interest
groups have been taking steps against such offenses; e.g., in
the automobile industry, the most recent contracts between the
union and major manufacturers provide for employer-funded
assistance to women victimized by harassment on the job or
abuse at home.
     Children
Federal and provincial regulations protect children from abuse,
overwork, and discrimination, and duly penalize perpetrators of
such offenses.
     Indigenous People
Treatment of its native peoples continues to be one of the
nation's most important human rights issues.  Tensions are rife
on many reserves, due to disputes over self-government, treaty
rights, land claims, taxation, duty-free imports, fishing and
hunting rights, and alleged harassment by police.  Aboriginals
remain underrepresented in the work force, overrepresented on
welfare rolls, and more susceptible to poverty and suicide than
other groups.  In 1994 the Royal Aboriginal Commission
continued hearings on aboriginals' concerns.
The British Columbia Treaty Commission facilitated negotiations
among aboriginal groups, the Provincial Government, and the
Federal Government which are expected to provide aboriginals
with considerable benefits:  cash compensation for and/or title
to lands claimed by them; a share in fishing and forestry
revenues from those lands; and new powers of self-government.
In its first annual report, this Commission noted that the
federal and provincial governments "do not appear to have a
consistent approach" to the treaty process.
The Federal Government decided to dismantle the Department of
Indian and Northern Affairs, a move welcomed by aboriginal
groups.  In December the Minister heading the Department signed
an accord with native leaders transferring power from it in
Manitoba to native governments.  Also during 1994, Nova Scotia
established a native police force and created a framework for
native self-government and education.
     National/Racial/Ethnic Minorities
The law prohibits racial discrimination, and the authorities
respect this provision.  As before, nevertheless, there were
isolated incidents of racially motivated discrimination, some
involving violence.
Several hospitals in Ontario compensated employees affected by
past discriminatory practices against racial minorities, and
instituted measures to guard against such practices.
An Ontario commission reported overt and systemic racism in the
province's prison system; the Solicitor General publicly
declared his intention to follow up the commission's
recommendations.
The Halifax City Police Force, continuing to address minority
concerns, appointed its first race relations coordinator.
     People with Disabilities
The Charter of Rights and Freedoms and the Human Rights Act
explicitly prohibit discrimination against people with
disabilities.  Under Treasury Board guidelines, all facilities
leased and owned by the Government were to be accessible to
persons with disabilities by the end of the year.  Progress
toward this goal was noteworthy, but incomplete.
Section 6  Worker Rights
     a.  The Right of Association
Except for members of the armed forces, workers in both the
public and private sectors have the right to associate freely.
The Labour Code, protects these rights for all employees under
federal jurisdiction, while provincial legislation protects all
other organized workers.
Trade unions are independent of the Government.  They are free
to affiliate  with international organizations.  37.5 percent
of the nonagricultural work force is unionized.
All workers have the right to strike, except for those in the
public sector providing essential services.
The law prohibits retribution against strikers and union
leaders, and the Government enforces this provision.
     b.  The Right to Organize and Bargain Collectively
Workers in both the public sector (except for some police) and
the private sector have the right to organize and bargain
collectively.  While the law protects collective bargaining,
for some public-sector workers providing essential services
there are limitations, which vary from province to province.
In 1994 the federal and some provincial governments instituted
a freeze on wages of civil servants, an action that the unions
decried as interference with their right to collective
bargaining.
The law prohibits antiunion discrimination, and requires
employers to reinstate workers fired for union activities.
There are effective mechanisms for resolving complaints and
obtaining redress.
All labor unions have full access to mediation, arbitration,
and the judicial system.
Canada has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is illegal, and there were no known violations.
     d.  Minimum Age for Employment of Children
Child-labor legislation varies from province to province.  The
Federal Government does not employ youths under 17 years of age
while school is in session.  Most provinces prohibit those
under age 15 or 16 from working without parental consent, or at
night, or in any hazardous employment.  These prohibitions are
effectively enforced through inspections conducted by the
federal and provincial Labor Ministries.
     e.  Acceptable Conditions of Work
The federal minimum wage, established by ministerial order and
enforced by the Department of Labor, applies to employees in
industries under federal jurisdiction (about 8 percent of the
work force); since 1986 it has remained at $2.97 (4.00 Canadian
dollars).  In all the provinces, the minimum wage is higher
than the federal minimum.  For youths and students, Ontario,
Alberta, British Columbia, and the Northwest Territories have a
minimum wage lower than the respective standard minimum, as
does Nova Scotia for "inexperienced workers".  A family whose
only employed member earns the minimum wage would be considered
below the poverty line.
Standard workhours vary from province to province, but in all
the limit is 40 or 48 a week, with at least 24 hours of rest.
Federal law provides for safety and health standards for
employees under federal jurisdiction, while provincial and
territorial legislation provide for all other employees.  Labor
departments monitor and enforce these standards.
Federal, provincial, and territorial laws protect the right of
workers with "reasonable cause" to refuse dangerous work.
CAPE_VER1
8TITLE: CAPE VERDE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           CAPE VERDE
Cape Verde is a parliamentary democracy in which constitutional
powers are shared between President Antonio Mascarenhas
Monteiro, an independent, and Prime Minister Carlos Wahnon de
Carvalho Veiga, and his party, the Movement for Democracy
(MPD).  The MPD dominates the National Assembly in which only
two of the four official political parties are represented.
The Government controls the police, which have primary
responsibility for maintenance of law and order.  There were no
reported human rights abuses committed by security forces.
Cape Verde has a market-based economy but little industry and
few exploitable natural resources.  The country has a long
history of economically driven emigration, primarily to Western
Europe and the United States, and receipts from Cape Verdeans
abroad remain an important source of national income.  Even in
years of optimum rainfall, the country can produce food for
only 25 percent of the population, resulting in a heavy
reliance on international food aid.
The principal human rights problems in 1994 continued to be
societal discrimination, domestic violence against women, and
child abuse.  The easing of political tensions has allowed
authorities to begin bringing criminals to justice without fear
of accusations of political motive.  Individuals of all ethnic
origin who had used political conflict as cover are now visibly
pursued and arrested for violations of the law.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of these abuses.
     d.  Arbitrary Arrest, Detention, or Exile
The law stipulates that authorities bring charges before a
judge within 24 hours of arrest.  Police may not make arrests
without a court order unless a person is caught in the act of
committing a felony.  In exceptional cases, and with the
concurrence of a court official, authorities may detain persons
without charge for up to 5 days.  These laws are observed in
practice.
The Ministry of Justice has 40 days to prepare for trial in
state security cases, and may detain persons until trial or for
a period not to exceed 1 year.  There is a functioning system
of bail.
There were no reports of security detentions or forced exile.
     e.  Denial of Fair Public Trial
The Constitution provides for the right to a fair trial.  A
judiciary independent of the executive branch generally
provides due process rights, but there are serious delays owing
to an understaffed judiciary (see below).
The judicial system is composed of the Supreme Court and the
regional courts.  There are five Supreme Court judges,
including one appointed by the President, one appointed by the
National Assembly, and three appointed by the High Council of
Magistrates.  Judges are independent and may not belong to a
political party.
Defendants are presumed to be innocent; have the right to
public, nonjury trial; to counsel; to present witnesses; and to
appeal verdicts.  Free counsel is provided for the indigent.
Regional courts adjudicate minor disputes on the local level in
rural areas.  The Ministry of Justice and Labor appoints local
judges, who are usually prominent local citizens.  Defendants
may appeal regional court decisions to the Supreme Court.
The right to an expeditious trial is constrained by a seriously
overburdened judicial system.  A backlog of cases routinely
leads to trial delays of 6 months.
There were no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of domicile,
correspondence, and other means of communication, and the
Government respects these rights in practice.  The law requires
a judicial warrant before homes may be searched.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom to express ideas by
words, images, or any other means, and for freedom of the press
without censorship.  These freedoms are generally respected in
practice.
Journalists are independent of the Government and are not
required to reveal their sources.  However, self-censorship
limits media criticism of the Government.  Government officials
use Cape Verde's strict libel laws to intimidate critics, as in
a successful case against the government-owned Novo Jornal de
Cabo Verde and in several pending cases against the independent
A Semana.  The Government may also demote or dismiss
journalists in government enterprises who exceed the preferred
limits of criticism.
Government authorization is not needed to establish newspapers,
other publications, or electronic media.  There are
independent, governmental and opposition media.  The national
radio station broadcasts live National Assembly sessions in
their entirety.  Independent newspapers also enjoy freedom of
the press.  In 1994 a bimonthly paper, Correio Quinze, was
founded by supporters of a newly formed opposition group.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association without authorization and without harassment by the
authorities.  Various groups exercised this right without
government interference or objection.  However, in April, a
demonstration by high school students in Praia turned violent
when squatters and other homeless persons who had been forced
from illegally constructed housing joined the protest and
injured two government employees while throwing stones and
attacking buses and cars.  The Government does not require
permits for demonstrations.  However, organizers must inform
the authorities that a demonstration is planned.
     c.  Freedom of Religion
The Constitution provides for the freedom of religion and the
separation of church and state.  It also prohibits the State
from imposing religious beliefs and practices.  The Government
respects these rights in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel and establish residence without
government restrictions.  The Constitution provides for
repatriation, and the Government allows it in practice.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this right in 1991, after 15 years of
one-party rule.  An opposition party won the country's first
free legislative and presidential elections and peacefully
assumed power.  Promulgation of the new Constitution in 1992
consolidated this change.
The Constitution provides for separation of powers.  Cabinet
ministers are not required to be members of the National
Assembly, but they are individually subject to parliamentary
confirmation.  Collectively, they must retain the support of a
parliamentary majority.  The President may dismiss the
Government with the approval of the Council of the Republic,
which is composed of the President of the National Assembly,
the Prime Minister, the President of the Supreme Court, the
Attorney General, the President of the Regional Affairs
Council, and four private members.  Referendums may be held
under specified circumstances but may not challenge individual
political rights and liberties or the right of opposition
parties to exist and function freely.  No referendums were held
in 1994.
There are no restrictions in law or practice regarding the
rights of women or minorities to vote or to participate in the
political process.  Women hold 7.6 percent of the seats in
Parliament and 2 of 13 cabinet ministers are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are two private human rights groups in Cape Verde--the
National Commission of the Rights of Man and the Cape Verdean
League for Human Rights.  No major human rights organizations
conducted investigations in Cape Verde during 1994.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
religion, disability, language, or social status.
     Women
Women continue to face discrimination in several ways.  Despite
constitutional prohibitions against sex discrimination and
provisions for full equality, including equal pay for equal
work, traditional male-oriented values predominate.  Women
experience difficulties in obtaining certain types of
employment and are often paid less than men but are making
modest inroads in the professions.
The Constitution prohibits discrimination against women in
inheritance, family and custody matters.  However, largely
because of illiteracy, most women are unaware of their rights.
Women are often reluctant to seek redress of domestic disputes
in the courts.  The Organization of Cape Verdean Women alleges
disparate treatment in inheritance matters despite laws calling
for equal rights.
Women comprise 38 percent of the work force, but make up more
than half the workers in service and administrative positions.
Employment opportunities for women have improved, as evidenced
by the increasing presence of women in the upper echelons of
government and among law and medical professionals.
Domestic violence against women, including wife beating,
remains common, particularly in rural areas.  Victims rarely
report crimes such as rape and spousal abuse to the police.
Neither the Government nor women's organizations have addressed
directly the issue of violence against women.
     Children
Child abuse is a continuing problem.  The Government mounted a
public relations campaign to educate the public about the
dangers of child abuse and the rights of children.  The
Government may remove children from their parents' homes and
place them in an orphanage, if warranted.  However, few cases
of child abuse are prosecuted.
     People with Disabilities
The Government does not mandate access to public buildings or
services for the disabled.  It does provide transportation (a
combination wheelchair and three-wheel motor scooter) for
handicapped persons.  Physically disabled persons are not
subject to discrimination in employment or education.
Section 6  Worker Rights
     a.  The Right of Association
Workers are legally free to form and to join unions without
government authorization or restriction.  There are two
umbrella union associations:  the Council of Free Labor Unions,
formed after the change in government and composed of 11 unions
with about 7,000 members, and the National Union of Cape Verde
Workers, formed by the former ruling party but operating
independently in 1994, composed of 13 unions with about 15,000
members.  The Government does not interfere with the activities
of these organizations, but both suffer from a shortage of
funds.
The Constitution provides union members with the right to
strike, and the Government does not restrict this right.  There
were periodic strikes throughout 1994.  By law, an employer
must reinstate a worker fired unjustly.
Unions are free to affiliate internationally and have ties with
African and international trade union organizations.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right to organize and operate
without hindrance and to sign collective work contracts.
Workers and management in the small private sector, as well as
in the public sector, reach agreement through collective
bargaining.  As the country's largest employer, the Government
continues to play the dominant role by setting wages in the
civil service.  It does not fix wages for the private sector,
but salary levels for civil servants provide the basis for wage
negotiations in the private sector.
A 1991 legislative decree bans antiunion discrimination by
employers, with fines for offenders.  There were no reported
cases of such discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is forbidden by law and is not practiced.
     d.  Minimum Age for Employment of Children
The legal minimum age for employment is 14.  The law prohibits
children under 16 from working at night, more than 7 hours per
day, or in establishments where toxic products are produced,
but the Government rarely enforces the law.  In practice, the
Ministry of Justice and Labor enforces minimum age laws with
limited success, and only in the urban, formal sectors of the
economy.
     e.  Acceptable Conditions of Work
There are no established minimum wage rates in the private
sector.  Large urban private employers link their minimum wage
rates to those paid to civil servants, which for an entry level
worker is $180 (15,000 escudos) per month.  The majority of
jobs pay wages insufficient to provide a worker and his family
a decent standard of living; therefore, most workers also rely
on second jobs, extended family help, and subsistence
agriculture.
The maximum legal workweek for adults is 44 hours.  While large
employers generally respect these regulations, many domestic
servants and rural workers work longer hours.
The Director General of Labor conducts periodic inspections to
enforce proper labor practices and imposes fines on private
enterprises which are not in conformity with the law, but the
Government does not systematically enforce labor laws and much
of the labor force does not enjoy their protection.  There are
few industries that employ heavy or dangerous equipment, and
work-related accidents are rare.
CENTRAL_1
pTITLE: CENTRAL AFRICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                    CENTRAL AFRICAN REPUBLIC
The Central African Republic became a democracy in 1993
following free and fair elections in which Ange Felix Patasse,
candidate of the Movement for the Liberation of the Central
African People (MLPC) was chosen President.  Citizens also
elected an 85-member National Assembly in which no party
achieved a majority.  In 1994 a multiparty democratic
Constitution was widely discussed, debated, revised and finally
accepted in a national referendum in late December.
The military and the National Gendarmerie, under the Minister
of Defense, share internal security responsibilities with the
civilian police force, under the direction of the Minister of
Public Security.  Under President Patasse, the Presidential
Security Guard was reduced in size and responsibilities.
Outside of banditry in border regions, a brief university
student demonstration, and an ethnically charged, nonpolitical
fracas with Chadian merchants, there were no incidents of
unrest nor disturbances of public security.
The Central African Republic is a landlocked and sparsely
populated country, most of whose inhabitants practice
subsistence agriculture.  Principal exports are coffee, cotton,
timber, tobacco, and diamonds.  Devaluation of the currency in
January had the effect of raising producer prices, including
these commodities, and thus boosted rural income.  On the other
hand, devaluation raised the cost of imported items, which
constrained consumption by civil servants and other workers.
Economic structural reforms began to take effect midway through
the year, greatly improving the prospects for economic growth.
The overall human rights situation improved considerably
following the September 1993 elections and the installation of
the new Government in October.  Local watchdog groups, however,
remain vigilant.  They have expressed concerns that
prosecutions of former regime figures for corruption not be
tainted by political vendetta.  Similarly, they criticized the
Government's tendency to use police powers to intimidate
opponents.  Actions such as harassment of travelers,
politically inspired searches and interrogations, and telephone
monitoring have been used occasionally against political
opponents.  Several persons remained detained under national
security criteria in excess of legal limits without their cases
going to trial.  Police beatings of some detainees continued,
and the army's treatment of captured bandits was harsh.  The
Government is not known to have punished those responsible.
Other human rights abuses included continuing discrimination
and violence against women and discrimination against pygmies.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known political killings, but there were credible
reports that army troops captured and summarily executed
several bandits after a firefight near the Chadian border.
The Government investigated extrajudicial killings which had
occurred in April 1993 and August 1992, when security forces
used excessive force in suppressing anti-government forces.  A
military tribunal found four soldiers guilty of causing the
deaths of civilians in those incidents.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Penal Code prohibits torture and specifies
sanctions for those found guilty of physical abuse, the police
continue to beat and abuse criminal suspects.  There were
reliable reports that officials of the former regime held by
authorities as criminals on corruption charges were among those
mistreated.  So far as is known, the Government did not punish
those responsible.  Prison conditions are harsh.  Cells are
overcrowded, and the basic necessities of life, including food,
clothing, and medical care, are in short supply.
     d.  Arbitrary Arrest, Detention, or Exile
The law stipulates that persons detained in cases other than
those involving national security must be brought before a
magistrate within 96 hours.  In practice, this deadline is
often not respected, in part due to inefficient judicial
procedures.  By law, national security detainees defined as
"those held for crimes against the security of the State" may
be held without charge for up to 2 months.  Authorities in
early 1994 arrested, interrogated, and incarcerated under this
section of the law approximately 24 persons--half military,
half civilian--suspected of harboring weapons and plotting
against the Government.  Police freed several following
investigation and reduced charges against most others, but some
detainees remain in jail awaiting trial or court-martial.
Although previous governments used the national security
provision of the law to arrest opponents for exercising
internationally recognized human rights, the Government did not
detain any person for such presumed infractions.  There were no
known instances of incommunicado detention.
The judicial system does not provide for bail, but authorities
do release suspects on their own recognizance.  The Government
arrested six politically prominent persons on apparently valid
charges of corruption.  It has been slow to bring them to
trial, however, reflecting both the complexity of the cases as
well as politically driven motives to ensure convictions.
The law does not permit exile, and it does not occur in
practice.
The Government has repeatedly stated that any person in exile
for strictly political, rather than criminal, reasons may
return home without fear of persecution.  At the end of the
year, there were no known political self-exiles.  Former
politician Rodolph Iddi-Lala died in exile in 1994.
     e.  Denial of Fair Public Trial
The judiciary consists of regular and military courts, with the
Supreme Court at the apex.  In criminal cases, the accused have
the right to legal counsel, to public trial, and to be present
at their trials.  The Government generally respects these
safeguards in practice, but the judiciary suffers numerous
shortcomings, including executive interference, institutional
neglect, inefficient administration of the law, and shortages
of trained personnel and material resources.  The military
court, for example, did not convene during the first half of
the year for lack of money.  It did convene in September and
worked its way through a full docket of cases.  Military court
proceedings are open to the public and are broadcast on
national radio.
Parliamentary critics condemned as unconstitutional President
Patasse's action to grant amnesty, prior to completion of
investigations and possibly trial, to persons accused of
engaging in fraudulent manipulation of educational examination
results.  The Constitution is vague regarding authority to
grant executive clemency prior to conviction.  There were no
known political prisoners in 1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government rarely abused legal prohibitions on invasion of
the home without a warrant in civil and criminal cases.  Title
IV of the Penal Code, which covers certain political and
security cases, allows police to search private property
without written authorization.  Early in the year, police
conducted such searches as part of investigations into illegal
weapons caches.  In at least one other attempt, when the police
did not invoke national security provisions, irate neighbors
thwarted a politically inspired search.  The Government used
telephone monitoring to maintain a close watch on opposition
figures.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Private citizens spoke freely and publicly about political
developments, criticizing the Government, the President's
handling of certain issues, and political parties.  Opposition
leaders, in particular, used press statements, manifestos,
broadsides, and copies of open correspondence to the Government
to circulate their views.  Although not all of this
documentation was published in the government-controlled media,
the Government made no apparent effort to censure, seize, or
halt circulation of these materials.
The Government owns and controls one newspaper, which appeared
only 6 times during the year, a more regular wire service news
bulletin, and a radio and television station.  Although the
Government refused to provide unimpeded access to the media, it
allowed some opposition statements and press conferences as
news items.  The political opposition felt that, under this
policy, media coverage of political activities was unbalanced
and unfairly limited the public's right to information.  This
point was particularly relevant for several days during the
campaign leading to the constitutional referendum when the
government press did not report opposition views.  However, it
subsequently relented and reported opposing perspectives prior
to the voting.
Several private newspapers began publication during the year,
but only sporadically.  In addition, the Government granted
Radio Africa One, a private continentwide music-and-news radio
station, permission to begin unrestricted local broadcasting in
Bangui.  Finally, a church-run radio station was authorized but
had not yet started broadcasting by year's end.  The Government
did not impede foreign journalists in their work.
University faculty members and students belonged to the full
range of political parties and expressed their respective views
without fear of reprisal.  No issues of academic freedom were
tested.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of assembly, but this
is restricted by regulation.  A 1992 decree requires the
organizers of all demonstrations and public meetings to
register with the Government 48 hours in advance.  The decree
also prohibits political meetings in schools or churches.  In
September the political party responsible for the decree, the
Rassemblement Democratique Centrafricain (RDC), led by former
President Kolingba, scheduled a rally on school property, which
the Government then prohibited.  The RDC conducted the rally a
week later on its own premises without difficulty.  There were
no other known instances of permissions for meetings being
refused, nor did the Government interfere in or monitor such
meetings.
Associations are required to register with the Government in
order to enjoy legal status.  A 1991 law requires all political
parties to register with the Ministry of Public Security in
order to participate legally in politics.
The Government permitted the 23 registered political parties,
as well as a variety of nonpolitical associations, to hold
congresses, to elect officials, and to publicly debate policy
issues without interference.
     c.  Freedom of Religion
There is no state religion, and a variety of religious
communities are active.  Religious organizations and missionary
groups are free to proselytize, worship, and construct places
of worship.  However, religious groups must register with the
Government, and any group whose behavior is considered
subversive in nature remains subject to sanctions, although no
sanctions were imposed in 1994.  Jehovah's Witnesses, which the
previous Government had banned, encountered no difficulties
during 1994.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
People are free to move within the country, but police and
other officials sometimes harass travelers unwilling or unable
to pay bribes at checkpoints along major intercity roads and at
major intersections in Bangui, the capital.  The Government has
not taken effective measures to eliminate these practices.  On
several occasions police refused to let former President
Kolingba or members of his family, who are not under any sort
of restraining order, pass through the control barrier toward
his farm some 20 miles from town.  After protest, and without
admitting responsibility for its actions, the Government
permitted the former president to travel.  In an unrelated
case, authorities refused permission to the nephew of a
presidential candidate to board a Paris-bound plane.  Again
after protest, the individual was allowed to depart.  As part
of an anticorruption measure, the Government decreed that
former chief executives of state-owned companies would not be
free to leave the country until auditors had certified that
accounts were in order.
There were no known cases of revocation of citizenship during
the year.
The Government continued to host refugees from Chad, Sudan and
several dozen from Rwanda.  It cooperates with the United
Nations High Commissioner for Refugees (UNHCR).  There were no
reports of forced repatriation of refugees to countries in
which they feared persecution.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
In 1993 citizens were able to exercise peacefully their
constitutional right to change their government by democratic
means.  International observers deemed the elections free and
fair.
The new Constitution, which was adopted by national referendum
in December, provides for multiple political parties and
increased powers and independence for the legislative and
judicial branches at the expense of the executive.
Bye-elections for six empty parliamentary seats were also held
in December.  One of the six outcomes was again rejected
because of irregularities.  The ruling MLPC Party failed to
gain seats.
Most presidential candidates, including Patasse, promised
municipal and local elections by 1994, but as yet none are
scheduled.  In the interim the Government moved to appoint a
new mayor for Bangui, an action that engendered criticism from
prodemocracy forces as reneging on a commitment.  A
constitutional challenge by an opposition party led to
executive annulment of the appointment on the grounds that the
appointee, an elected member of the National Assembly, was not
eligible for a concurrent post.
Women remained underrepresented in politics.  Three women
candidates were elected to Parliament, and two others were
named as Cabinet ministers.
Pygmies (Ba'aka), who represent from 1 to 2 percent of the
national population, are not represented in the Government and
have little political power or influence, although they voted
in large numbers in the 1993 election.  In general, the Ba'aka
have little ability to participate in decisions affecting their
lands, culture, traditions, and the allocation of natural
resources.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Central African Human Rights League (LCDH) is a
nongovernmental organization with multiple goals, including
publicizing human rights violations and pleading individual
cases of human rights abuse before the courts.  During the
course of the year, several other nongovernmental
organizations, including the Movement for the Defense of Human
Rights and Humanitarian Action and the Central African Red
Cross, actively pursued human rights issues, including prison
visits.  The Government did not attempt to hinder any such
activities.
A representative of the International Committee of the Red
Cross visited the Central African Republic at least once during
the year and was given access to prisons.  There were no known
requests from other international human rights organizations
for visits.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution stipulates that all persons are equal before
the law without regard to wealth, race, or religion, but
significant discrimination exists, as indicated below.
     Women
Despite the Constitution, in practice women are not treated as
equal to men economically, socially, or politically; women in
rural areas suffer more discrimination than women in urban
areas.  Sixty to seventy percent of urban females go to primary
school, while only 10 to 20 percent of their rural counterparts
do.  Overall, at the primary level females and males enjoy
equal access to education, but a majority of young women drop
out at age 14 or 15 due to social pressure to marry and bear
children.  Only 20 percent of the students at the University of
Bangui are women.
In rural communities, women continue traditional childraising
duties and perform most subsistence farming, while men seek
salaried work or produce cash crops.  Customs forbidding women
and children to eat certain classes of food, including some
meats, persist in some areas of the country.
There are no accurate statistics on the percentage of female
wage earners, but in cities many educated women find work
outside the traditional patterns.  Some hold clerical
positions, and a modest but growing number are establishing
private businesses or moving into the higher echelons of
government.  Women serve in the military, the police force, and
the Gendarmerie.
Polygyny is legal, although there is growing resistance among
educated women to this practice.  There is no legal limit on
the number of wives a man may take, but a prospective husband
must indicate at the time of the marriage contract whether he
intends to take further wives.  In practice many Central
Africans never formally marry because men cannot afford the
traditional bride payment.  Women who are educated and
financially independent tend to seek monogamous marriages.
Divorce is legal and may be initiated by either partner.
Central African law does not discriminate against women in
inheritance and property rights, but a welter of conflicting
customary laws (depending on region or ethnic background) often
prevail.
Violence against women, including wife beating, occurs, but it
is impossible to quantify its extent as data are lacking, and
victims seldom make reports.  The courts try very few cases of
spouse abuse, although litigants cite this abuse during divorce
trials or in civil suits for damages.  Some women reportedly
tolerate abuse in order to retain a measure of financial
security for themselves and their children.  The Government did
not address this issue in 1994.
The Government chartered the Association of Central African
Female Jurists in 1993.  This group established a legal clinic
to advise women of their legal rights and published pamphlets
in conjunction with the Ministry of Social Affairs that advised
women of the legal prohibition and dangers of female genital
mutilation.  A second pamphlet, directed at women and young
children, discussed food taboos.  In 1994 the group sponsored
theatrical presentations designed to educate the populace about
women's rights.
     Children
Although there is no official discrimination against children,
the Government spends little money on programs for children.
There are a few church and other nongovernmental projects for
youth.  Crippling strikes in the education sector caused 3
years of missed school.  Schools restarted in late 1993 and
have operated normally since that time.  Nonetheless, most
children are woefully behind in their studies, and a number
have dropped out completely.  Bangui contains a population of
street children who make their way by begging and stealing.
Several charitable organizations strive to assist them.
Current interpretation of Article 187 of the Penal Code forbids
blows or injuries to children under the age of 15.  The project
of drafting a strong family code designed to protect women's
and children's rights was not completed in 1994.
The Government has never enforced in court a 1966 law
forbidding female genital mutilation (FGM) nor Article 187,
which is also interpreted as prohibiting FGM.  International
health experts have condemned FGM as damaging to both physical
and psychological health.  This traditional tribal practice is
found in certain rural areas, and to a lesser degree in Bangui,
and is performed at an early age.  Preliminary data from a
national health census indicates that 44 percent of females
have undergone this mutilation.
     Indigenous People
Despite constitutional provisions, in practice some minorities
are treated unequally.  In particular, indigenous
forest-dwelling pygmies are subject to social and economic
discrimination and exploitation which the Government has done
little to correct.  Pygmies often work for villagers at wages
lower than those paid to other groups.
     National/Racial/Ethnic Minorities
There are about 90 ethnic groups, and in the past there has
been little ethnic balance at the higher levels of government.
Under the former Kolingba government, members of the minority
Yakoma ethnic group held a disproportionate number of senior
positions in the government, military, and state-owned firms.
Under the Patasse Government, this trend has changed.  Although
residents of the north of the country are a majority in his
Cabinet, a broader ethnic balance has been achieved.  Even so,
observers detect noticeable favoritism towards northerners in
government appointments and caution that the ethnic pendulum
not swing too far in that direction.
     Religious Minorities
Muslims, particularly Mbororo (Peuhl) herders, claim to have
been singled out for harassment, including police shakedowns
and bandit attacks, due to popular resentment of their presumed
affluence.  In October, following a confrontation between
Muslim Chadian merchants and an off-duty policeman which left
three persons dead, anti-Chadian rioting resulted in the
looting of several dozen shops.  Few Muslims hold senior
executive posts in government, but around six Muslims serve in
the National Assembly.
     People with Disabilities
There is no codified or cultural discrimination against the
disabled.  There are several government-initiated programs
designed to assist the disabled, including handicraft training
for the blind and the distribution of wheelchairs and carts by
the Ministry of Social Services.  There is no legislated or
mandated accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Under the new Labor Code, last revised in 1990, all workers are
free to form or join unions of their own choosing without prior
authorization.  A relatively small part of the population has
exercised the right of association, chiefly wage earners, such
as civil servants, which includes teachers and postal workers.
The current Labor Code does not refer to trade unions by name,
a change from previous versions.  The International Labor
Organization (ILO) had requested this change to reflect the
proliferation of new unions.  There are now five recognized
labor federations, including the Organization of Free Public
Sector Unions and the Labor Union of Central African Workers
(USTC).  The USTC and its member unions continued to assert and
maintain their official independence from the Government and
political parties.
Unions have the right to strike and, although there were no
significant strikes, they have exercised this right in both the
private and public sectors in previous years.  To be legal,
strikes must be preceded by the union's presentation of
demands, the employer's response to these demands, a
conciliation meeting between labor and management, and a
finding by an arbitration council that the union and employer
failed to reach agreement on valid demands.  The Labor Code
states that if employers initiate a lockout which is not in
accordance with the Labor Code, then the employer is required
to pay workers for all days of the lockout.  Other than this,
the Code does not provide for sanctions on employers for acting
against strikers.  It is not known to what extent this policy
is actually followed.
Labor federations are free to affiliate internationally.  The
USTC maintains international labor contacts, although it is not
yet formally affiliated with any international bodies.  In
October USTC members voted to seek formal affiliation with
several international labor organizations.
     b.  The Right to Organize and Bargain Collectively
The Labor Code accords trade unions full legal status,
including the right to sue in court.  However, by requiring a
union official to be employed full-time in the occupation as
wage earner, the Labor Code serves to restrict union organizing
activities to after-hours.
The Labor Code does not specifically provide that unions may
bargain collectively.  While collective bargaining has
nonetheless taken place in some instances, the Government is
usually involved in the process.
Wage scales are set by the Ministry of Labor and Civil Service
but have been only a tangential issue in labor negotiations;
the nonpayment of salary arrears and higher consumer costs
attributed to the devaluation continued to be the major
complaints of the unions.
The law expressly forbids discrimination against employees on
the basis of union membership or union activity.  However,
leaders of public sector unions, particularly teachers,
complained of government discrimination against them and their
members, most often through arbitrary reassignment to
provincial posts.  The Labor Code does not state whether
employers found guilty of antiunion discrimination are required
to reinstate workers fired for union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is specifically prohibited by the Labor Code, and
there were no reports of such labor.
     d.  Minimum Age for Employment of Children
Employment of children under 14 years of age is forbidden by
law, but this provision is only loosely enforced by the
Ministry of Labor and Civil Service.  In practice, the role of
children in the labor force is generally limited to helping the
family in traditional subsistence farming or in retailing.
     e.  Acceptable Conditions of Work
The Labor Code states that the Minister of Labor, rather than
the National Assembly, must set minimum wages by decree.
Minimum wages differ among the various sectors.  In September
1991, minimum wages were raised for the first time since 1980
by between 10 and 50 percent, depending on the category of
employee.  The lowest paid workers received the largest
percentage increases in the minimum wage.  The minimum wage
assures a family the basic necessities but is barely adequate
to maintain a decent standard of living in a country with a
high cost of living relative to family income.  Agricultural
workers are guaranteed a minimum of $14 (CFAF 7,800) per month,
while office workers are guaranteed $32 (CFAF 18,000).  Most
labor is performed outside the wage and social security system,
especially by farmers in the large subsistence agricultural
sector.
The law sets a standard workweek of 42 hours for Government
employees and most private sector employees.  Domestic
employees may work up to 55 hours per week.  The law also
requires that there be a minimum rest period of 24 consecutive
hours on Sundays, although in certain circumstances the Sunday
requirement may be waived.
There are also general laws on health and safety standards in
the workplace, but the Ministry of Labor and Civil Service
neither precisely defines nor actively enforces them, a matter
about which the ILO has expressed concern to the Government for
many years.  The Labor Code states that a labor inspector may
force an employer to correct unsafe or unhealthy work
conditions, but it does not provide the right for workers to
remove themselves from such conditions.
CHAD1
bTITLE: CHAD HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                              CHAD
A Transitional Government headed by President Idriss Deby, who
took power in a December 1990 coup, continues to govern Chad.
A 1993 Sovereign National Conference confirmed Deby as Chief of
State for the transition, established the Transitional
Government now headed by Prime Minister Kassire Coumakoye,
elected 57 counselors to the quasi-legislative Higher
Transitional Council (CST), and adopted the Transitional
Charter as an interim constitutional document.  The Charter
provided for a 1-year period of transition to establish a
Constitution and hold elections, with the possibility of a
one-time extension.  Little having been achieved in the first
year of the transition, the CST voted to extend the transition
for a second year, through April 9, 1995, and established
target dates for a constitutional referendum and presidential
and legislative elections.  Under the Charter, there is no
provision for further extension of the transition.
Security forces composed of the army, the gendarmerie, and
police, are responsible for internal security.  President Deby
remained in control of the security forces, which were
responsible for serious human rights abuses, including acts of
reprisal against the civilian population.
Chad has a population of 6.3 million and an estimated annual
per capita income of $180.  Over 78 percent of the population
is engaged in subsistence agriculture, fishing, and stock
raising.  The Government relies heavily on external financial
assistance.  Pervasive corruption at all levels and a heavy
black market trade severely limited government customs
receipts, discouraged local production and marketing, and
restricted the cash economy.  Little was done to reform the
collection of customs duties, the major source of government
revenues.
Killings by security forces and the Government's failure to
prosecute those responsible continued to be the major human
rights abuses.  Army units continued acts of reprisal against
the civilian population, yet enjoyed de facto immunity from
prosecution.  Security force personnel continue to physically
abuse detainees.  There were credible reports that at least one
prisoner had been beaten to the point of unconsciousness by
personnel acting under the authority of the Presidency.  The
criminal justice system remained largely nonfunctional.  Nine
persons who were arrested in October 1993 for allegedly
plotting a coup were never brought to trial.  They were held at
a jail in the presidential compound, possibly with other
political detainees, then granted amnesty by President Deby on
December 1.
Prison conditions were appalling, both at the main prison in
the capital and elsewhere.  Because of the breakdown of the
criminal justice system, persons arrested for crimes had little
hope of a prompt trial.  Additional human rights abuses
included:  abuse of civilians' rights in conflict situations;
discrimination and mistreatment of women and children; and the
inability of citizens to change their government.
The Government did not interfere with freedom of expression.
The state-run radio broadcast statements by opposition leaders,
and an opposition press with limited circulation criticized the
Government's actions.  Labor unions operated freely.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The armed forces continued to commit extrajudicial killings
with impunity in reprisals against civilians accused of
complicity with rebels.  Rebel groups were likewise responsible
for killings and other serious human rights abuses.
On January 23, personnel belonging to the National Front of
Chad (FNT), a rebel group which had earlier come over to the
government side, rebelled against government forces and
attempted to take control of Abeche, the principal city in
eastern Chad.  FNT members attacked army and gendarmerie
headquarters, singling out members of certain ethnic groups.
The FNT rebels beat the mainly northern troops savagely,
allowing southerners to leave.  The revolt ended within a few
hours, and the FNT rebels fled into the countryside.  In the
following days and weeks, the army carried out unrestrained
reprisals against the local population in Abeche and
surrounding villages, accusing the population of complicity
with the FNT.  Army personnel engaged in the killing of unarmed
civilians, looting, and rape.  Subsequent thorough
investigations by human rights organizations and a committee of
the Transitional Parliament counted 201 dead, of which 124 were
FNT, presumably combatants.  This total is probably low;
survivors were traumatized and often reluctant to talk freely
to investigators.  The Government took no action to punish the
army personnel responsible for the killings of noncombatants.
On November 20, the criminal court meeting in Abeche handed
down a verdict against nine persons involved in the August 4,
1993, massacre at the village of Gniguilim.  In that attack, 82
persons were killed and 105 wounded by men armed with automatic
weapons, following an ethnic quarrel.  The court, in its first
session in Abeche since 1987, handed down death sentences
against five persons, four in absentia, and sentenced the
remaining defendants to 12 years in prison.
In the south, both government troops and rebels continued to
terrorize the local population.  One southern rebel group, the
National Re-Awakening Committee for Peace and Democracy
(CSNPD), led by former Lieutenant Moise Kette, negotiated an
agreement with the Government in which the CSNPD agreed to lay
down arms and operate as a legal political party.
On June 26, a southern rebel group probably associated with
Lieutenant Moise Kette attacked the market town of Ba-Illi,
which had no military garrison of any significance.  Troops
attacked and killed 24 people and looted the market.  All the
victims but one were Muslims, targeted because of their
religion.
On August 11 near Moundou in southern Chad, a patrol of the
army's first regiment sustained several casualties in a clash
with rebels.  The unit subsequently returned to the village of
Mbalkabra and killed at least 31 villagers suspected of
complicity with the rebels.  Army personnel burned several
villages and tortured a local official.  Although a ministerial
delegation sent by the President established the facts, and
authorities subsequently arrested officers reportedly
responsible for the massacre, the Government did not
acknowledge responsibility for the massacre.  Moreover, its
only public statement about the incident remains a denial by
the Minister of Defense that it took place.  The public
prosecutor's office began an investigation of the charges, but
by year's end no trial had been held.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Transitional Charter specifically prohibits
torture and degrading or humiliating treatment, the Government
failed to stop incidents of brutality by security forces.  In
one case, there is a credible report that either the Republican
Guards or the domestic intelligence service (Renseignements
Generaux) used violence in interrogating a prisoner, causing
him to become disoriented and lose consciousness.  That
prisoner, and others, suffered cruel mistreatment in
extrajudicial custody at a prison in the presidency compound
and at other places.  One political detainee reported that he
had been held in a "small, dark, nasty room filled with rats
and insects," that he was given only water and a sandwich every
3 days, and that his hands were kept bound with wire for some
45 days.  He reported that, at some sites, he smelled what he
guessed to be "dead human bodies," and that a fellow prisoner
suffered a paralyzed hand and hearing injury to both ears to
the point of near deafness, indicating his possible torture.
Reports of abuse in custody arose in connection with nine
persons detained in the alleged Koty coup plot.  Their families
and lawyers were denied access to these detainees.  Human
rights groups and doctors were permitted visits, but the Koty 9
have reported to the Chadian League of Human Rights (LTDH) that
2 weeks prior to their May 14 interview some 19 persons were
allegedly tortured overnight at the facility where they were
held, then taken elsewhere.
Prison conditions continued to be appalling and life-
threatening, characterized by overcrowding, poor sanitation,
lack of medical facilities, inadequate food, and mixing of male
and female prisoners.  In March and April, the International
Committee of the Red Cross (ICRC) made its first visits to
places of detention linked to the Ministry of Justice, the
National Police in N'Djamena and Abeche.  Later on, the ICRC
obtained authorization to process a second round of visits in
places of detention already visited, as well as ones linked to
the Ministry of Justice and the National Police at Moundou and
Duba, and finally the ones run by the Ministry of Defense in
N'Djamena, Abeche and Moundou, and Doba.
     d.  Arbitrary Arrest, Detention, or Exile
The Penal Code and the Transitional Charter provide formal
safeguards against arbitrary arrest, but in practice the
authorities often do not respect these provisions.  Military
and security organizations retained and used the de facto
authority to arrest or detain citizens without a warrant and
without remanding the detainee for a trial.
Security forces reportedly engage in extrajudicial arrests and
detentions.  One detainee reported from personal observation
that as many as 30 persons were held by the domestic
intelligence service near the presidency.
On July 15, soldiers abducted Mahamat Koty, brother of
President Deby's assassinated rival Colonel Abbas Koty, and Dr.
Abdelaziz Kadouk of the Maternity Hospital in connection with
the alleged coup plot of October 1993.  On October 22, police
conducted Dr. Kadouk to the Central Hospital with heart
problems, where Chadian human rights organizations had access
to him.  Police never charged either Koty or Kadouk, and these
2 were among 11 political detainees granted amnesty by
President Deby on December 1 and subsequently released.
The Government did not use exile as a political weapon.
     e.  Denial of Fair Public Trial
Breakdown of the criminal justice system rendered the courts
generally inoperable.  Special courts were inactive, as were
courts-martial.  Most rural areas do not have access to formal
judicial institutions and rely on traditional courts presided
over by village chiefs and chefs de canton or sultans in most
civil cases.  Citizens may appeal their decisions, which in
most cases are respected by the population, to a formal court.
Trials in civil cases continued, but the criminal justice
system tried only one major case in 1994.  Despite emphasis on
reform of the justice system at the 1993 National Conference,
the Government did not implement any reforms.  Government and
military interference contributed to the breakdown of the
judicial system, and members of the security and armed forces
continued to have de facto immunity from prosecution.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Transitional Charter provides for citizens' rights to
privacy of home and correspondence, freedom from arbitrary
arrest and search, and liberties of association.  The Penal
Code further stipulates that police may search homes only
during daylight hours and only with a legal warrant.  In
practice, security forces conducted searches without legal
warrant, day and night.  In some cases, they mistreated and
extorted money from their victims.
The Government also engaged in telephone surveillance of its
citizens without judicial supervision.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Continuing conflict between rebel groups and the army led to
serious human rights abuses by both sides, victimizing the
civilian population.  Chadian armed forces, with impunity,
routinely abused the rights of the civilian population.  In
addition, customs personnel routinely used excessive and
sometimes lethal force against the population, including one
shooting in the N'Djamena market in October which led to a
sympathy strike by all merchants.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Transitional Charter provides for freedom of speech and
press, but in practice the Government controls access to radio,
the most important medium, and to the sole television station,
TVT, which it also runs.  Although opposition statements are
generally broadcast on both radio and television, opposition
politicians complained that in some instances their
declarations were not broadcast on government radio.  The
independent press publishes articles openly criticizing the
Government and political figures.  Opposition tracts are
distributed without interference by the Government.
The academic system is primarily state supported.  Academic
freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Transitional Charter provides for freedom of association
and assembly, and in general these rights were respected.
Authorities routinely granted permits for political and
nongovernmental organization (NGO) meetings, and the Government
generally did not interfere in meetings or press conferences.
In one case, however, a former prime minister's party was
denied the use of a government facility.  The Minister of
Interior barred human rights groups from presenting a series of
preelection seminars in Sarh, Moundou, and other major
population centers, despite the fact that the Prime Minister
had authorized the seminars.  On December 23, the Minister of
Interior prevented a meeting of opposition parties, despite the
signing by the President a few days earlier of a law
guaranteeing political parties the right to meet freely.
There are now about 50 authorized political parties and several
hundred NGO's.
     c.  Freedom of Religion
Chad is a secular state, and all faiths worship without
government constraint.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government did not require special permission for travel
within most areas of the country.  Security forces, rebels and
armed criminals continued to operate illegal roadblocks in the
countryside, in contravention of the orders of the Transitional
Government.
Chadians were free to emigrate.  About 3,600 refugees remained
in Niger, a consequence of the mid-1992 fighting between
government forces and rebels in the Lake Chad region.
Approximately 21,000 refugees who fled after their villages
were attacked by the Republican Guard in early 1993 remained in
the Central African Republic.  There are about 43,000 Chadian
refugees in Cameroon, the majority of whom fled when Hissein
Habre took power in 1982.  These refugees are free to
repatriate but have chosen not to do so, fearful of unsafe
security conditions in their home regions.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have this right.  By definition, the regime
government is a transitional one, with the limited mandate to
rule in accordance with the Transitional Charter.  President
Deby pledged free and fair elections before the end of the
transition in April 1995, but there was little progress in 1994
in creating the conditions for free and fair elections, making
it unlikely that this goal can be met.  The CST adopted a law
creating an electoral commission which was signed by President
Deby in December, but opposition parties are still negotiating
with the Government over conditions for their participation in
the commission.
Although the law grants women political equality and
protection, women are underrepresented in the Government.
While women were active in the National Conference, cultural
biases prevent their full integration into political life.
There is only one female cabinet member, and only 4 of the 57
members of the Transitional Parliament are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
A number of human rights organizations including the Chadian
Human Rights League continued to operate.  These groups
published reports of human rights abuses without government
constraint.  The Transitional Parliament (CST) commissioned a
special investigation and report on the January massacres at
Abeche.  The CST also denounced human rights abuses by security
personnel in gathering fees from citizens, but its oversight of
government conduct did not lead to effective action to punish
those responsible.
The United Nations Human Rights Commission's Special Rapporteur
for Chad, Mrs. M'Bam Diarra N'Doure, President of the Human
Rights League of Mali, investigated human rights conditions in
November.  The ICRC visited Chad regularly and was allowed
access to prisons.  An international organization, the
Association for Victims of Repression in Exile has been active
in the rehabilitation of victims of torture.  A delegation of
the International Human Rights Federation visited in October
and met with President Deby.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Transitional Charter provides for equal rights for all
citizens, regardless of sex, race, religion, or origin.  In
practice, however, women experience significant job
discrimination and spousal abuse.
     Women
Although the Transitional Charter provides that women have
equal rights with men, culture and tradition among various
ethnic groups perpetuate the de facto subordinate status of
women, especially in rural areas where women do much of the
heavy farm labor and have little opportunity for education or
wage employment.  Women receive one-third of the education of
men.  The law does not discriminate against women in property
and inheritance rights, but traditional practice favors men.
Several women hold high positions in the Government as well as
in commerce and the professions.  There are many women's
advocacy groups, such as the Association of Women in Distress
in Chad and the Association of Women Jurists.
Domestic violence against women, including wife beating, is
common, and women have only limited recourse against abusive
practices.  Police rarely intervene; women usually rely on
family or ethnic leaders to resolve such cases.
     Children
Neither the Transitional Charter nor other laws provide
explicitly for the rights of children, and there are few active
programs that address them.
Female Genital mutilation (FGM) is widespread and performed on
females at a young age.  The practice is deeply rooted in
tradition, both in the north and the south.  Despite its severe
adverse consequences for women's physical and mental health, it
and is strongly advocated by many Chadians, women as much as
men.  The Government took no action to prohibit this practice.
     National/Racial/Ethnic Minorities
The approximately 200 ethnic groups are roughly divided among
Saharan/Sahelian and Arab Muslims in the northern, central, and
eastern regions, and Sudanian zone ethnic groups, who practice
Christianity or animist religions, in the south.  Much of the
sustained civil conflict since 1964 has revolved around ethnic
differences.  Currently, well-armed ethnic minorities close to
the President, representing just over 1 percent of the
population, exercise authority over military and civilian
government decisions.  Ethnicity also influences ministerial
appointments.
     People with Disabilities
Although there is no official discrimination directed against
the disabled, the Government has taken no action to improve
conditions or access for disabled persons.  The disabled have
little opportunity for wage employment, advanced therapy, or
special education, although private associations for the
disabled exist and are active.
Section 6  Worker Rights
     a.  The Right of Association
The Transitional Charter specifically recognizes labor's right
to organize.  Workers are free to join or form unions of their
choice.  Only the military are prohibited from joining unions,
and government authorization is required before unions can
operate.
The right to strike and organize was generally respected.  An
exception was an April 29 decree which attempted to regulate
the right to strike, which was abrogated after widespread
protests and a brief police occupation of the labor union
headquarters which ended without violence after a few days.
Most Chadians work in subsistence agriculture or livestock
raising.  Government employees, including teachers and workers
in the few state-owned enterprises, constitute the majority of
union members.  The dominant union federation remained the
Federation of Chadian Unions (UST), whose major component is
the Teachers' Union of Chad.  A second, smaller federation, the
Free Federation of Chadian workers, continued to operate.
Neither union had organizational, financial, or procedural ties
to the Government.
Although no information is available about the outcome of
specific cases, International Labor Organization (ILO) bodies
regularly reviewed complaints from the UST against the
Government stemming from antiunion discrimination, firings,
forced retirements and other actions.  The Government's labor
relations suffered when it was not able to keep its side of a
social pact with the unions, which provided for a 10 percent
wage increase.
     b.  The Right to Organize and Bargain Collectively
The law does not specifically protect collective bargaining.
Both the Transitional Charter and the pre-Transition Labor Code
still in effect contain only generalized provisions for the
rights of labor.  Under the current law, the Government sets
minimum wage standards and unions may bargain collectively.
The law does not specifically prohibit antiunion
discrimination.  Although no complaints of such discrimination
were reported, there is no formal mechanism for resolving them
should they arise.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Although there is no specific legal prohibition on forced or
compulsory labor, no evidence indicates forced or compulsory
labor occurs.
     d.  Minimum Age for Employment of Children
The law stipulates that the minimum age for employment of
children is 14 in the wage sector, but the Ministry of Civil
Service and Labor does not effectively enforce this law.  In
practice, children are rarely employed except in agriculture.
Several hundred young people between the ages of 14 and 17
reportedly serve in the armed forces.
     e.  Acceptable Conditions of Work
The Government continued to review a draft labor and social
welfare code conforming to international conventions.  Wage
standards established under previous governments remain
unchanged.
Wages remain insufficient to support subsistence, much less
maintain an adequate standard of living.  For example, the
minimum monthly professional wage in 1994 was about $46 (24,000
CFA).  In addition, salary arrears of 4 to 5 months in
N'Djamena and up to 8 months in rural areas for civil servants,
combined with no pay for some soldiers, have forced most
employees to seek other employment, engage in subsistence
agriculture, or rely on the extended family.
The law limits most nonagricultural work to 48 hours per week,
with overtime paid for supplementary hours.  Agricultural
workers are statutorily limited to 2,400 workhours per year.
All workers are entitled to 24 consecutive hours of rest per
week.  The Labor Code recognizes the need for occupational
health and safety standards, including labor inspectors with
the authority to enforce them.  There is, however, no
indication that such health and safety standards exist in
practice, nor that inspectors have been appointed.
CHILE1
8g8gTITLE:  CHILE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1994
                             CHILE
Chile is a multiparty democracy based upon a Constitution which
provides for a strong executive, a bicameral legislature, and
an independent judiciary.  Approved by referendum in 1980, the
Constitution was written under the former military government
and contains limits on popular rule.  Chile's second
consecutive democratically elected president, Eduardo Frei,
began a 6-year term on March 11.  A new Congress comprising 120
Deputies and 46 Senators was sworn in the same day.  Appointees
of former dictator General Pinochet continued to dominate the
constitutionally independent judicial branch.
The armed forces are constitutionally subordinate to the
President through an appointed Minister of Defense, but enjoy a
large degree of legal autonomy.  Most notably, the President
must have the concurrence of the multi-institutional National
Security Council to remove service chiefs.  President Frei
asked Gen. Stange, Commander of Carabineros (the uniformed
police), to resign in April following a judicial charge of
covering up evidence in a 1985 murder case, but he refused, the
charges were dropped, and he remains in place.  The Carabineros
have primary responsibility for public order and safety, and
border security.  The civilian Investigations Police is
responsible for criminal investigations.  Both organizations,
although formally under the jurisdiction of the Ministry of
Defense--which determines their budget--are under operational
control of the Minister of Interior.  Elements of both forces
continued to be accused of human rights abuses, including
police brutality.  Some notorious alleged perpetrators of human
rights abuses during the previous regime remain on active duty
in the army.
The export-oriented economy experienced its eleventh
consecutive year of expansion in 1994.  The most important
export was copper, with fresh fruit, fish meal, and
manufactured goods also important sources of foreign exchange.
Gross domestic product grew more than 4 percent, unemployment
increased to about 6 percent, and inflation fell for the fourth
consecutive year, to 8.9 percent.
Five years after the transition to democracy, the principal
human rights issues in Chile relate to abuses that occurred
during the former military government.  Efforts to do justice
in those cases are limited by sometimes conflicting
requirements for justice and national reconciliation.  In
particular, the courts continue to struggle with the
application of the 1978 amnesty to cases that occurred during
the first 5 years of military rule.  However, in March a
civilian court convicted 15 Carabineros of the 1985 murder of 3
Communist leaders and sentenced 6 to life terms.  The judicial
system continued to investigate, with mixed success, a number
of other pending human rights cases, but human rights monitors
criticized the preferential treatment given some human rights
abusers.  Continuing human rights abuses include instances of
police brutality and torture, prior restraint of the press,
social discrimination against ethnic minorities and indigenous
people, and individual acts of violence against women and
children.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
No terrorists died in confrontations with police in 1994, but
the Defense Committee of the Peoples' Rights (CODEPU) claimed
that two criminals died in shootouts because the police used
excessive force.  The circumstances remain unclear.
The police arrested several leaders of Chile's two main
terrorist groups, the Dissident Wing of the Manuel Rodriguez
Patriotic Front (FPMR/D) and the Lautaro Youth Movement,
responsible for most of the political violence since the return
of democratic government in 1990.  The arrests included
Guillermo Ossandon, the most wanted terrorist, and founder and
leader of the Lautaro Youth, who was arraigned for 600 crimes,
including 25 homicides, the Lautaro committed under his
leadership.
The courts succeeded in bringing to justice some government
agents who used political violence in the past.  Special
investigating Judge Milton Juica convicted 15 former police
agents from the former Carabinero Intelligence Unit, Dicomcar,
and their civilian informant for kidnaping and murder in the
1985 death of 3 Communist Party members.  He sentenced them to
prison terms, including some life sentences.  The Court of
Appeals confirmed life sentences for six agents, one of them
the former head of operations of Dicomcar.  The case remains
under appeal.  A military court investigated Carabinero
Commanding General Stange and five retired Carabinero generals
for obstruction of justice in covering up the crime, but
determined they had committed no illegal acts, a ruling that
was confirmed by the Supreme Court.
The Fourth Chamber of the Supreme Court ruled in November that
another former Carabinero captain in Dicomcar should serve his
3-year sentence for the 1985 death of socialist Carlos Godoy
Echegoyen in the penitentiary, reversing a ruling by the
military court of appeals that granted him probation.  The
Supreme Court also ruled that army Captain Pedro Fernandez
Dittus should serve 600 days in prison for his responsibility
in the burning death of Rodrigo Rojas Denegri and the serious
burns sustained by Carmen Gloria Quintana in July 1986.  The
case was the first in which a military court had ruled in favor
of human rights victims, but the military court of appeals in
1991 reduced Fernandez's sentence to 300 days and allowed his
release on probation.  The Supreme Court did not determine who
was responsible for the injuries, but ruled that the captain
had been negligent for not attending to the victims.
The Supreme Court is still reviewing Justice Adolfo Banados'
sentencing of Gen. Manuel Contreras and Colonel Pedro Espinoza
to 7- and 6-year prison terms, respectively, as the
intellectual authors of the 1976 murder in Washington, D.C. of
former Chilean Foreign Minister Orlando Letelier and his
American assistant, Ronni Moffitt.  The two defendants remained
free on bail in the only case involving DINA--the Pinochet-era
secret police--that was specifically excluded from the 1978
amnesty law covering most political crimes before that date.
The courts have not issued findings in the investigations
requested by the Minister of Interior into the 1993 deaths of
two prisoners in police custody.  Police commanders who
conducted their own internal investigations were rumored to
have punished those involved, but this has not been announced
publicly.  The Supreme Court ruled that a civilian judge should
continue to investigate the two deaths that occurred during
demonstrations sponsored by leftist and human rights groups on
September 11, 1993, the twentieth anniversary of the 1973 coup.
The Supreme Court maintained jurisdiction over the
investigation into the 1976 murder of Carmelo Soria, a Spanish
citizen employed by the United Nations.  A military court
applied the amnesty to the case in December 1993, but in April
the First Chamber of the Supreme Court ordered that the case be
reopened to investigate several issues before a decision could
be made on applying the amnesty.  Supreme Court Justice
Eleodoro Ortiz changed procedures and began interviewing
military witnesses on military bases, rather than in court, so
the press could not subject them to scrutiny.
The Third Court of Appeals reopened the investigation into
possible involvement of several active duty and retired
military officers in the 1974 murder of Movement of the
Revolutionary Left (MIR) activist Lumi Videla, and the Eighth
Court of Appeals overruled a military court's application of
the amnesty to the 1974 disappearances of MIR members Barbara
Uribe and Edwin Van Jurick, on the grounds that the amnesty
could not apply because the cases involved a violation of the
Geneva Convention.  Constitutional specialist Humberto Nogueira
wrote both opinions.  The cases are being appealed to the
Supreme Court but the ruling, if upheld, would set an important
precedent for other human rights cases.
In other cases, military courts continued their long standing
practice of applying the 1978 amnesty law to crimes involving
members of the armed forces, without conducting an
investigation to identify the perpetrators.  In December the
Supreme Court upheld a military court's decision to apply the
amnesty to the disappearances of 78 persons who had been
detained by DINA.  Human rights lawyers had initiated the case
before the amnesty was enacted in 1978, and only one of the
victims' bodies was located.  Under the military government,
the military courts had closed such investigations without
applying the amnesty, but after the 1988 plebiscite paved the
way for a return to democracy (see Section 3), the military
courts began to apply the amnesty.  About 100 cases have now
been closed through the amnesty, 300 cases are active, and an
additional 800 cases remain temporarily closed.
In a case where the amnesty does not apply, the authorities
extradited retired Army Major Carlos Herrera from Argentina for
the 1982 murder of Tucapel Jimenez, but the Supreme Court
transferred him from the custody of prison wardens to
confinement on a military base.  Human rights advocates claimed
that former DINA agents are among his guards, making it
difficult for Herrera to cooperate with the courts.  Retired
Army Major Alvaro Corbalan, the commander of an intelligence
unit accused of committing a related murder, remains under
detention on a military base, but there were newspaper reports
that he held several political meetings while confined.
     b.  Disappearance
There were no reports of politically motivated disappearances.
A number of pre-1978 disappearance cases are still in the
courts.  The Aylwin Government argued that under the amnesty
law, these kidnaping cases cannot be closed and the alleged
perpetrator amnestied unless a court determines that the victim
died while the amnesty was in effect.  That argument requires
that the courts locate the remains of the deceased or determine
the circumstances of their death before applying the amnesty.
However, military courts ignore this view and apply the amnesty
to pre-1978 cases of "illegal arrest" when they presume the
victim is dead.  For example, on September 5, the Santiago
military court applied the amnesty to the 1974 kidnaping of the
Andronico brothers without serving an arrest warrant on Army
Lt. Colonel Fernando Laureani (see Section 1.e.).
In November the First Chamber of the Supreme Court allowed
civilian courts to continue to investigate three disappearance
cases.  Human rights lawyer Nelson Caucoto said the Supreme
Court had denied military jurisdiction only twice before in
such appeals.  Caucoto was one of the lawyers representing the
families of the 78 people who disappeared after detention by
DINA (see Section 1.a.).  When the Supreme Court upheld the
military court's application of the amnesty in that case, he
announced his intention to appeal the case to the
Inter-American Commission on Human Rights on the grounds that
all legal means had been exhausted to bring the guilty parties
to justice under the Chilean judicial system.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution forbids "the use of illegal pressure" on
detainees but the United Nations Special Rapporteur on Torture
found instances of mistreatment and abuse by some Carabinero
and Investigations police units.  CODEPU lawyers visit
detainees during their interrogation (see Section 1.d.) and
represent many suspected terrorists in court.  During a 1-year
period that ended October 1, CODEPU alleged there were 16 cases
of torture by Carabineros, 6 by Investigations police, and 2 by
prison guards which it brought to the attention of the U.N.
Special Rapporteur.  Lawyers on a commission studying judicial
reform believe the inquisitorial approach used in Chile
encourages the use of torture.  Since the judge uses written
records, a confession appears to be important evidence, even if
it was obtained under duress.  In October the Santiago Court of
appeals threw out the convictions of 11 members of the FPMR
because the investigating judge relied on confessions that
police had obtained with torture.  Human rights lawyers hailed
the ruling.  CODEPU also reports that its complaints of police
abuses for a 1-year period ending October 1 resulted in 30
administrative reviews by Carabineros and 11 by Investigations
Police.  The Investigations Police created an ethics squad to
investigate reports of police abuse, including allegations of
torture.
The Minister of Interior normally asks the courts to conduct
independent investigations of credible complaints of police
abuse, but such investigations rarely resulted in arrests, due
in part to the reluctance of members of the judiciary, many of
them appointed by the military regime, to pursue the issue
vigorously.  However, as indicated in the CODEPU report, police
authorities often impose administrative sanctions without
waiting for a judicial ruling.
Under intense pressure from Brazil in late 1993, the Supreme
Court appointed Judge Alejandro Solis to investigate
allegations by a Brazilian psychologist, Tania Maria Cordeiro,
that Investigations Police tortured and raped her in March 1993
when they arrested her boarder for possession of arms used by
Lautaro terrorists in bank robberies.  Judge Solis ordered the
arrest of eight policemen including Zvonco Farias, the head of
an Investigations Police station, for procedural irregularities
in the case and for detaining Cordeiro's 13-year-old daughter
as psychological pressure to obtain a confession, but he did
not find proof of torture.  The policemen appealed the charges
and are free on bail.
Chilean prisons are overcrowded and antiquated, but the
conditions are not life threatening.  Food meets minimal
nutritional needs, and prisoners may supplement the diet by
buying food.  Those with sufficient funds can often rent space
in a better wing of the prison.  Although prison guards have
been accused of using excessive force to stop attempted prison
breaks, the guards generally behave responsibly and do not
mistreat prisoners.
A new maximum security prison houses about 80 prisoners, most
of them charged with or convicted of terrorism.  Some of the
prisoners claimed that security measures that prevent them from
meeting as a group violated their rights.  They refused to
leave their cells to appear in court and went on a hunger
strike demanding the conditions be relaxed.  The courts have
repeatedly investigated the complaints, and the Human Rights
Committee of Congress, journalists, and the International
Committee of the Red Cross (ICRC) visited the prison.  The
Chilean Human Rights Commission and the congressional committee
criticized wardens for not giving these prisoners the
opportunity to perform prison labor or engage in group
exercise.  The ICRC closed its Santiago office in 1993, saying
that there was no longer a need for prison visits, but it sent
delegates from Brazil for the visit.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution allows civilian and military courts to order
detention for up to 5 days without arraignment and extend the
detention for up to 10 days for suspected terrorist acts.  The
law affords detainees 30 minutes of immediate and daily access
to a lawyer (in the presence of a prison guard) and to a doctor
to verify their physical condition.  The law does not permit a
judge to deny such access; police authorities generally
observed these requirements.
It is quite common for the police to make arrests based on
suspicion, particularly of youth in high crime areas late at
night.  The Chilean Human Rights Commission reported as many as
a thousand arrests some weeks and said that 80 percent of those
detained are released without charges after a few hours or a
few days.  Arrest procedures do not require police to allow
detainees to telephone their parents or lawyer which causes
particular anguish for distraught parents.  However, statistics
show that the number of such arrests is declining.
There were no cases of forced exile in 1994.  Six Chileans
convicted of politically motivated crimes during the military
regime opted to go abroad as a condition for their release from
jail.
     e.  Denial of Fair Public Trial
The Constitution calls for a judicial system independent of the
other branches of government.  However, the judiciary, and
particularly the Supreme Court, is dominated by appointees
named under the former military regime.  Judges are appointed
for life, and appointments to the appeals and supreme courts
are made by the President from lists prepared by the Supreme
Court.  Gen. Pinochet appointed 10 of the 17 sitting Supreme
Court judges, 7 of them after he lost the 1988 plebiscite.  The
judicial system is widely criticized for being out of date and
inefficient, but the Supreme Court in the past year began
working with the Government on broad judicial reform.  Supreme
Court justices sit on a blue ribbon reform committee, and in
November, a judicial academy was established to give further
training to sitting judges.
The judicial system is based on the inquisitorial system.  The
judiciary relies on the written record rather than oral
testimony, and in most cases the judge renders a verdict after
directing the investigation.  The investigative phase is
considered secret, with limited access for the accused or his
attorney to evidence or testimony accumulated by the judge.
There is a well-developed (but very slow), multistage appeal
process leading ultimately to the Supreme Court; it is not
uncommon for cases to linger for several years.
Under the military government a broad interpretation of state
security laws expanded the jurisdiction of military courts over
proscribed political activities and crimes committed with
firearms.  A 1991 legal reform package, the "Cumplido" laws,
limited the jurisdiction of military tribunals to cases
involving military officers and transferred most terrorist and
human rights cases to the civilian courts.  This reopened many
human rights cases previously closed by the military courts.
However, when formal charges are filed against a military
officer, including Carabineros, the military prosecutor asks,
and the Supreme Court normally grants, jurisdiction to the
military (see Section 1.a.).
The Auditor General of the Army sits as a visiting justice in
Supreme Court chambers that hear appeals of rulings from the
military courts.  The military courts often preempt full
investigation of human rights cases by seeking jurisdiction and
then dismissing the cases.  For example, the Supreme Court gave
a civilian judge jurisdiction over the 1974 disappearance of
the Andronico brothers, both members of the MIR.  She
investigated the case for more than 2 years and found enough
proof to issue an arrest warrant for active-duty Army Lt. Col.
Fernando Laureani, a former DINA squad leader.  After the
arrest warrant was issued, the Supreme Court granted a military
court jurisdiction and the military judge closed the case in
less than 24 hours, citing lack of evidence.  Although a
military court of appeals ordered the case reopened in May and
left standing the original arrest warrant, in September the
military court applied the amnesty without ever calling Lt.
Col. Laureani to testify.  Human rights lawyers appealed to the
Supreme Court and asked that the military judge be reprimanded.
The Supreme Court had not ruled on the request by year's end.
When President Aylwin took office in 1990, the Social Aid
Foundation of the Christian Churches (FASIC) reported 350
prisoners in jail charged with violating state security laws
for politically motivated crimes committed during the military
regime.  They have all been released.  President Aylwin granted
presidential pardons to 151 prisoners, 32 of whom agreed to
remain outside Chile for the remainder of their sentences.
FASIC now counts one detainee as a political prisoner because
he was arrested after 1990 for a crime committed during the
military regime.  CODEPU says there are seven.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits searches of the home and
interception of private communications, unless either a
civilian or military court issues a search warrant for specific
locations.  The 1984 antiterrorist law allows court supervised
surveillance of those suspected of terrorist crimes, and for
the interception, opening, or recording of private
communications and documents in such cases.  Privacy laws do
not permit the release of telephone records nor the use of
caller identification services.
Since the return to civilian rule, there have been a number of
incidents involving supposed espionage.  In a 1992 political
eavesdropping scandal, it was clear that an army unit was
recording cellular telephone conversations of political leaders
of all persuasions, including members of Congress.  While it is
against stated government policy to engage in this kind of
political espionage, it is not clear whether or not it
continues.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and the authorities generally respected these rights in
practice.  The press maintains its independence, criticizes the
government, and covers issues sensitive to the military,
including human rights issues.
Military courts still assert their authority to charge and try
civilians for defamation of military personnel and sedition,
but their rulings can be appealed to the Supreme Court.  In
April a military prosecutor charged Hector Salazar, the lawyer
for victims' families in the 1985 murder of three Communist
Party members, with sedition.  In an interview after the
sentencing of the Carabineros, Salazar had questioned whether
Carabineros would obey Gen. Stange's orders when others under
his command had just received life sentences.  A military court
ordered Salazar's arrest and jailed him overnight before he
could make bail.  On appeal, the two civilian members of the
military court of appeals voted to drop the charges while the
three military members upheld them.  In August the Supreme
Court ruled that Salazar's statement did not constitute
sedition, and the military court of appeals dismissed charges
against him.  However, on December 30 the Third Chamber of the
Supreme Court authorized the military prosecutor to file new
charges.
In November former Navy Captain Humberto Palamara was sentenced
by a naval court to 6 years' imprisonment for disobedience.  He
wrote a book, "Ethics and the Intelligence Services," that the
court had ordered confiscated in 1993.  He appealed the
sentence and remains free on bail.
The Supreme Court was at the center of another controversy over
press freedom.  The Communist Party newspaper El Siglo printed
an article in 1993 critical of the Supreme Court, and the
court's prosecutor filed charges for offending the judiciary
under state security laws.  The editor of El Siglo and a
journalist spent 15 days in jail, and then were released on
bail.  In January 1994, a court sentenced them to 300 days'
imprisonment, but freed them on bail while they appeal.  Human
rights lawyers questioned whether the lower courts could issue
an impartial ruling in this case.
The Government revised a draft press law that had been proposed
by the Aylwin Government in 1993, and resubmitted the bill in
September.  Like the original version, the new bill would
transfer cases involving freedom of speech for nonmilitary
personnel from military to civilian courts, including charges
of defamation and sedition.  Although Congress continues to
debate the law, it remains the subject of considerable
controversy with press organs arguing that it may affect
freedom of expression and the protection of anonymous sources.
     b.  Freedom of Peaceful Assembly and Association
Citizens have the right to peaceful assembly and association.
The law requires official permission to hold rallies and
demonstrations on streets and public plazas.  The authorities
normally authorize demonstrations, but may suggest an
alternative location to minimize inconvenience to the public.
Prior to September 11, the anniversary of the coup, the Frei
administration asked Santiago authorities not to authorize
demonstrations near La Moneda presidential palace, the site
where most of the fighting took place on the day of the coup
and where former President Allende died.  The governor of
greater Santiago had promised the organizers of an anticoup
demonstration that they would be able to march past the palace,
and he resigned when he felt his authority to authorize such
marches was not being respected.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this right in practice.  All denominations
practice their faiths without restriction.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Chileans by law are free to move within and to enter and leave
their country.  The National Office of Returnees--established
by the Congress in 1990 to facilitate the reincorporation into
society of the more than 56,000 Chileans who returned from
exile--closed in August.  It assisted returnees and their
families by providing special access to customs exemptions,
health care, housing, and information on job opportunities.
CHILE2
GFGFTITLE:  CHILE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1994
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government
Chile is a constitutional democracy, and citizens have the
right to change their government through periodic elections.
There is universal suffrage for citizens 18 years of age or
over, and more than 95 percent of those eligible are registered
to vote.  Voting is compulsory for those who register.
National elections for President and Congress were held on
December 11, 1993, the second since the return to democracy.
President Frei won the largest majority in modern Chilean
history, capturing 58 percent of the vote in a six-candidate
race.  The Senate includes 18 members elected in 1993 and 20
elected in 1989.  Under the 1980 Constitution, various national
institutions, including the President, the Supreme Court, and
the Armed Forces-dominated National Security Council, appointed
an additional nine Senators to 8-year terms prior to the
transition to democracy.  (One of the appointed Senate
positions was vacant at year's end.)  While the governing
coalition has a majority in the Chamber of Deputies, the
opposition has a working majority in the Senate due to the
eight appointed Senators.
The former military government wrote the 1980 Constitution and
amended it slightly in 1989 after losing a referendum for
President Pinochet to stay in office.  It provides for a strong
presidency and a legislative branch with limited powers.  The
President has the authority to limit spending and to set time
limits for Congress to consider bills.  In addition, the
Constitution includes provisions designed to protect the
interests of the military and the minority political
opposition, currently the right.  These provisions, according
to their defenders (and even some critics) assured stability in
the political process during the transition.  The center-left
coalition that has governed Chile since 1990 accepts the
legitimacy of the 1980 Constitution, but has sought to amend
elements characterized as "authoritarian enclaves" left over
from the previous regime.  These include limitations on the
President's right to remove chiefs of the armed forces, an
electoral system that gives the political opposition a
disproportionate representation in Congress, and the existence
of nonelected "institutional senators."
Women have had the right to vote in municipal elections since
1934 and in national elections since 1949, and they are active
in Chilean political life at the grass roots level.  Women make
up a majority of the registered voters and of those who
actually cast ballots, but there are few women in leadership
positions.  There are 9 women among the 120 deputies, 3 women
among the 46 Senators, and 3 female cabinet ministers.
Chile's indigenous people have the legal right to participate
freely in the political process, although relatively few are
politically active.  While their participation has increased
since the 1990 democratic transition, of the nearly one million
self-described indigenous people in Chile, there is only one
representative of Indian descent in the Congress.  Indigenous
leaders participated in drafting 1993 legislation giving them
greater influence over decisions affecting their interests.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Social Aid Foundation of the Christian Churches hired many
of the lawyers and assumed the bulk of the caseload of the
Catholic Church's former Vicariate of Solidarity.  The Chilean
Human Rights Commission is affiliated with the International
League of Human Rights and continues to gather evidence of
police abuses.  The Defense Committee of the Peoples' Rights
(CODEPU) provides legal counsel to those accused of politically
related crimes and to victims of human rights abuses.
Nongovernmental organizations (NGO's) say that the Government
has cooperated with their efforts to investigate accusations of
continued human rights violations in Chile.  Many international
NGO's also continued to follow closely human rights issues in
Chile.
The National Commission on Truth and Reconciliation issued a
report in 1991 that was a catalytic event in allowing Chilean
society to come to terms with human rights abuses under the
military government.  The successor to the Commission, the
National Corporation for Compensation and Reconciliation
continues to investigate cases, and the Congress recently
extended its mandate through the end of 1995 to allow it to
complete investigations of the last of 3,200 individual cases
of human rights abuses on which it has information.  The
corporation also provides more than one million dollars per
month in compensation to more than 5,000 family members of
human rights victims.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution guarantees equality before the law, but it
does not specifically ban discrimination based on race, sex,
religion, or social status.
There are no laws preventing gays or lesbians from exercising
freedom of speech or other rights.  However, when the National
Health Service advertisements on AIDS awareness suggested
homosexual behavior was one of the situations that put people
at risk, two local television stations refused to run the
advertisements.
     Women
Legal distinctions between the sexes still exist, despite a
decision in 1989 to ratify the U.N. Convention to Eliminate All
Forms of Discrimination Against Women, and give human rights
treaties precedence over local laws.  A law that classified
adultery as a criminal offense for women and a civil offense
for men was changed in 1994.  The law permits legal separation,
but not divorce, so those who wish to remarry need to seek
annulments.  Since annulments imply that the marriage legally
never existed, former wives are left with little legal recourse
for financial support.  A law was recently enacted that creates
conjugal property as an option in a marriage but some women
actually saw this as a step backward since the law on separate
property (which still exists), gives women the right to half
their husbands' assets but gives husbands no rights to theirs.
The public is only beginning to become aware of the extent of
abuses such as wife beating.  The National Women's Service
(SERNAM), created in 1991 to combat discrimination against
women, found in a survey that 26.2 percent of women said they
had been subjected to some form of physical violence by their
husband or partner and another 33.5 percent reported some form
of psychological violence, but only 16 percent reported such
violence to the police.  SERNAM is now conducting courses on
the legal, medical, and psychological aspects of domestic
violence for Carabineros, who are usually the first public
officials to intervene in such incidents, and in January, the
Carabineros created a Family Affairs Unit.
The Congress recently enacted a law on intrafamily violence
that provides court-ordered counseling to those involved in
intrafamily violence.  In the first 5 months it was in effect,
nearly 1,000 cases were reported to the Carabineros family
affairs unit in Santiago.  In 57 of those cases, men claimed
they were abused by their spouses.  Carabineros also reported
that the family affairs unit received more than 2,400
complaints of rape or sexual abuse the first 11 months that it
was in operation.
Another SERNAM study of female heads of household found that on
average they earn 45 percent as much as male heads of
households.  Women with no schooling received a salary that was
82 percent of that of their male counterparts without
schooling, while women heads of household with university
training earned only 51.7 percent as much as their male
contemporaries.  SERNAM has a pilot program providing
occupational training and child care to attempt to alleviate
this form of discrimination.
     Children
The Congress enacted a law that segregates juvenile offenders
from adult prisoners.  Although juvenile offenders (i.e. those
under 18) had long received special treatment in the courts,
some of the prisoners had been incarcerated with adults.  The
National Minors Service (SENAME) conducted a survey that
indicated sexual abuse of minors occurred but that few cases
were reported.  The new law on intrafamily violence was
designed in part to deal with this type of problem.  A United
Nations Children's Fund study of 1,853 young people attempted
to estimate how many children work.  The study concluded that 7
percent of children between 6 and 17 years of age were in the
work force.  The majority of the working minors were males from
single parent families who work more than 40 hours per week and
did not attend school.  The Congress is considering a proposed
law to regulate, rather than ban, work by minors so that there
would be a better chance of their attending school.
     Indigenous People
The Mapuches from southern Chile comprise over 90 percent of
the indigenous population, but there are small Aimara,
Atacameno, Huilliche, Rapa Nui, and Kawaskhar populations in
other parts of Chile.  A committee composed of representatives
of indigenous groups participated in drafting the 1993 law that
recognized the ethnic diversity of the indigenous population
and gave them a voice in decisions affecting their lands,
cultures and traditions.  It provides for eventual bilingual
education in schools with indigenous populations, and replaced
a statute which emphasized assimilation of indigenous people.
However, out of the population which identifies itself as
indigenous (nearly one million, according to the 1992 census),
about half remain separated from the rest of society, largely
because of historical, cultural, educational, and geographical
factors, and in fact the ability of indigenous people to
participate in decisions affecting their lands, cultures,
traditions, and the allocation of natural resources is marginal
at best.
     National/Racial/Ethnic Minorities
Chile assimilated a major European (mainly German) migration in
the last century and a major Middle Eastern (mainly Arab)
migration in the early part of this century.  Smaller racial
and ethnic minority groups experience a degree of intolerance.
The wife of a prominent Korean resident filed suit after she
was banned from a local health club, and the Supreme Court
ruled in her favor, assessing the maximum fine.
     People with Disabilities
Congress passed a law in 1994 to promote the integration of
people with disabilities into society, and the National Fund
for the Handicapped (FONDIS) has a $1.5 million budget.  The
1992 Census found that 288,000 citizens said they had some form
of disability, but FONDIS estimates that the actual number is
closer to one million.  The disabled still suffer some forms of
legal discrimination, for example, blind people cannot become
teachers or tutors.  Although the law now requires that new
public buildings provide access for the disabled, the public
transportation system does not make provision for wheelchair
access, and even a new subway line under construction has
barriers to the disabled.  Reserved parking for the disabled is
becoming more common.
Section 6  Worker Rights
     a.  The Right of Association
Workers have a right to form unions without prior authorization
and to join existing unions, and about 11.5 percent of the work
force is organized.  A newly enacted law gives government
employees' associations the same rights as trade unions, and
the associations' leaders are on committees to draft the
implementing regulations.  Public employee associations
participate in labor centrals, but they had not enjoyed the
same legal protection as unions.  Only the police and military
are not allowed to form unions.
The 1992 Labor Code permits nationwide labor centrals, and the
Unified Workers Central (CUT), the largest and most
representative central, legalized its status in April 1992.
CUT and many other confederations and federations maintain ties
to international labor organizations.  Unions are independent
of the Government, but union leaders are usually elected from
lists based on party affiliation and they maintain ties to
their parties.
Reforms to the Labor Code in 1990 removed significant
restrictions on the right to strike.  For example, employers
may no longer fire striking workers without paying severance
benefits.  But the law continues to require that workers vote
by secret ballot in the presence of a labor inspector or notary
whether to accept the company's final offer before they can go
on strike.  Employers must now show cause to fire workers, but
"needs of the company" is a permissible cause.  Union leaders
claim that some employers invoke this clause to fire employees
who are attempting to form unions or who are active in
collective bargaining.
     b.  The Right to Organize and Bargain Collectively
Although the climate for collective bargaining improved under
the democratic government, most workers continue to negotiate
individual contracts.  Employers say this is due to the
emphasis that workers put on individual performance, but union
leaders say that the Labor Code prevents many sectors from
organizing.  The process for negotiating a formal labor
contract is carefully regulated, and the Labor Code prescribes
a detailed set of rules for contract negotiations.  Formal
negotiations are required for unions to call a strike.
Nonetheless, the law permits (and the government encourages)
informal union-management discussions to reach collective
agreements ("convenios") outside the regulated bargaining
process.
Employers may include a clause in individual employment
contracts that some classes of employees are not allowed to
participate in collective bargaining.  While this supposedly
applies only to supervisory personnel, in the telephone
company, for example, technical personnel also have such
contracts.
Temporary workers--defined in the Labor Code as agriculture,
construction, port workers, and entertainers--may now form
unions, but their right to collective bargaining continued to
be restricted.  The Labor Code provides sanctions for unfair
bargaining practices that protect workers from dismissal during
the bargaining process, but labor leaders claim that companies
invoke the "needs of the enterprise" clause to fire workers
after a union has signed a new contract, particularly when
negotiations result in a prolonged strike.  If a worker proves
in court that he had been fired unfairly, this will raise his
severance pay by 20 percent, but he will not get his job back.
Since workers must wait months or years for the court to rule
before collecting their severance pay, they seldom resort to
this remedy.
The same labor laws apply in Chile's duty free zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution and the Labor Code prohibit forced or
compulsory labor, and there is no indication that it is
currently practiced.
     d.  Minimum Age for Employment of Children
The law permits children as young as 14 years old to be employed
only with permission of parents or guardians, after completing
their compulsory elementary schooling, and in restricted types
of labor.  Those aged 15 to 18 may be employed in a larger
variety of jobs and at expanded hours, but only with their
parents' or guardians' permission.  Labor inspectors enforce
these regulations and voluntary compliance is good in the
formal sector.  Many children are employed in the informal
economy, however, which is more difficult to regulate (see
Section 5 on children).  The Carabineros have procedures to
counsel parents who take their children out of school and put
them to work.
     e.  Acceptable Conditions of Work
The law sets minimum wages, hours of work, and occupational
safety and health standards.  The legal workweek is 48 hours
which can be worked in either 5 or 6 days.  The maximum workday
length is 10 hours, but a few positions like caretakers are
exempted.  A tripartite committee comprised of government,
employer, and labor representatives normally suggests a minimum
wage based on projected future inflation and increases in
productivity, but in 1994 the employers did not participate and
the labor representatives did not accept the Government's final
offer.  The Congress passed the Government's proposal with
little dissent, which set the minimum monthly wage at about
$125 (51,125 pesos).  Lower paid workers also receive a family
subsidy to help raise their earnings to an acceptable level.
Ministry of Labor inspectors enforce laws covering working
conditions.  The Government has increased resources and
targeted inspections at industries that had been the worst
abusers.  As a result, enforcement is improving and voluntarily
compliance is fairly good.  Insurance mutuals have provided
workmen's compensation and occupational safety training for the
private sector since the 1960's, and they reported a 24 percent
decline in occupational injuries over that time, although 11
percent of the work force still submitted claims.  In November
the Congress amended the law to allow public sector workers the
same coverage, a longstanding demand of organized labor.
Workers who remove themselves from situations that endanger
their health and safety have their employment protected,
provided they asked a workers' delegate to bring the problem to
the attention of labor inspectors.
CHINA1
rTITLE:  CHINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             CHINA
The People's Republic of China (PRC) is an authoritarian state
in which the Chinese Communist Party (CCP) monopolizes
decisionmaking authority.  Almost all top civilian, police, and
military positions at the national and regional levels are held
by party members.  A 22-member Politburo and retired senior
leaders hold ultimate power, but economic decentralization has
increased the authority of regional officials.  Socialism
continues to provide the ideological underpinning, but Marxist
ideology has given way to pragmatism in recent years.  The
party's authority rests primarily on the success of economic
reform, its ability to maintain stability, and control of the
security apparatus.
The security apparatus comprises the Ministries of State
Security and Public Security, the People's Armed Police, the
People's Liberation Army, and the state judicial,
procuratorial, and penal systems.  The Constitution protects
fundamental human rights, but they are frequently ignored in
practice, and challenges to the CCP's political authority are
often dealt with harshly and arbitrarily.  Legal safeguards for
those detained or imprisoned are inadequate and inconsistently
implemented.  The Government attaches higher priority to
maintaining public order and suppressing political opposition
than to enforcing legal norms.  As a result, security forces
are responsible for numerous human rights abuses, including
arbitrary detention, forced confessions, and torture.
More than a decade of rapid economic growth has raised living
standards and enabled growing numbers of Chinese to assume
greater control over their own lives.  The scope for private
economic activity has expanded rapidly, and the degree of
government and party control over the economy has continued to
decline.  Although many details remain to be worked out, and
the pace of privatization has been uneven, many elements of the
old planned economy have already been dismantled.  Income
disparities between coastal regions and the interior are
significant and growing, but overall there has been a sharp
drop in the number of Chinese living in absolute poverty.
Greater disposable income, looser ideological controls, and
freer access to outside sources of information have led to more
diversity in cultural life and media reporting.  Government
control of information media now depends to an increasing
extent on self-censorship to regulate political and social
content, but the authorities also consistently penalize those
who exceed the permissible.
In 1994 there continued to be widespread and well-documented
human rights abuses in China, in violation of internationally
accepted norms, stemming both from the authorities' intolerance
of dissent and the inadequacy of legal safeguards for freedom
of speech, association, and religion.  Abuses include arbitrary
and lengthy incommunicado detention, torture, and mistreatment
of prisoners.  Despite a reduction during the year in the
number of political detainees from the immediate post-Tiananmen
period, hundreds, perhaps thousands, of other prisoners of
conscience remain imprisoned or detained.  The Government still
has not provided a comprehensive, credible public accounting of
all those missing or detained in connection with the
suppression of the 1989 demonstrations.  Chinese leaders moved
swiftly to cut off organized expressions of protest or
criticism and detained government critics, including those
advocating greater worker rights.  Citizens have no ability
peacefully to change their government leaders or the form of
government.  Criminal defendants are denied basic legal
safeguards such as due process or adequate defense.  The regime
continued severe restrictions on the freedoms of speech, press,
assembly and association, and tightened controls on the
exercise of these rights during 1994.  Serious human rights
abuses persisted in Tibet and other areas populated by ethnic
minorities.
The human rights situation in 1994 was, however, marked by the
same diversity that characterizes other aspects of Chinese
life.  In several instances, the Government acted to bring its
behavior into conformity with internationally accepted human
rights norms.  These actions included releasing several
prominent political and religious prisoners, granting passports
to some critics of the regime and their relatives, and adopting
a law, which became effective in January 1995, that allows
citizens to recover damages from the Government for
infringement of their rights.  The Government continued to
acknowledge the need to implement the rule of law and build the
necessary legal and other institutions, but it has not yet
significantly mitigated continuing repression of political
dissent.  In 1994 China also continued a human rights dialog
with some foreign critics, and reaffirmed its adherence to the
Universal Declaration of Human Rights.  Chinese officials
provided limited information about the status of several
hundred specific cases of international concern.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
It is impossible to determine the number of extrajudicial
killings by government officials in 1994 or the adequacy of the
government response, since the Government restricts access to
such information.  There were individual accounts of such
killings, including some carried in the Chinese press.
Credible reports from international human rights organizations
indicate a Tibetan nun died on June 4 in a prison hospital,
reportedly as a result of a beating by guards.  In May Tibetan
officials reported that a former public security official in
Tibet was sentenced to 9 years for causing the death of a
suspect while torturing him to obtain a confession.  In Fujian,
a public security official was also prosecuted for torturing a
prisoner to death, but no details on his sentence were
provided.  In December the Chinese press reported that a city
police chief in Shanxi province was sentenced to 5 years for
malpractice after ordering the detention and beating of two
Chinese for allegedly complaining about the police chief's
son.  One detainee died from his injuries.  Two other police
officials were sentenced to death and life imprisonment,
respectively, for extorting a confession in the same case.
Legislators in Guangdong province also reported two cases of
death by torture, but there were no details on the disposition
of the cases.
     b.  Disappearance
There were no reported cases in 1994 in which individuals who
disappeared were suspected to have been killed by officials.
The Government still has not provided a comprehensive, credible
public accounting of all those missing or detained in
connection with the suppression of the 1989 Tiananmen
demonstrations.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Police and other elements of the security apparatus continue to
employ torture and degrading treatment in dealing with detained
and imprisoned persons.  Both official Chinese sources and
international human rights groups reported many instances of
torture.  Persons detained pending trial were particularly at
risk as a result of government failure to correct obvious
systemic weaknesses in the design and operation of the legal
system.  These weaknesses include a reliance on confessions as
a basis for convictions and the lack of access to prisoners by
legal counsel and family members until after formal charges are
brought, a step which often takes months.  Former detainees
have credibly reported that officials used cattle prods,
electrodes, prolonged periods of solitary confinement and
incommunicado detention, beatings, shackles, and other forms of
abuse against detained men and women.  There are credible
reports that some women detainees in Tibet have been tortured,
but female prisoners do not appear to have been targeted for
rape.
In March the Supreme People's Procuratorate reported it had
investigated 378 cases where torture was used to extract
confessions in 1993, but it provided no information on
convictions or punishments.  The number of actual incidents of
torture and ill-treatment by government officials is almost
certainly far greater than this number.  In one case, a
policeman was given a 1-year suspended sentence for beating Yan
Zhengxue, an artist who was also a municipal people's congress
deputy from Jiaojiang in Zhejiang province.  In May legislators
in Guangdong province identified 838 cases of police corruption
and brutality, but Chinese press accounts reported that only 50
of the cases had been "corrected."  According to Chinese
officials, the Procuratorate has a total of 748 officials in
China's jails, "reform through labor," and "reeducation through
labor" facilities.  Their responsibility is to supervise prison
management and enforce laws on treatment of prisoners.
Procuratorial offices or officers are assigned to approximately
94 percent of prisons and labor camps.  Another 7,000 officials
are responsible for supervising China's detention centers.
In January Justice Minister Xiao Yang announced plans to
modernize 80 percent of China's prisons and reform through
labor facilities by the year 2000.  Conditions in Chinese penal
institutions are generally harsh and frequently degrading, and
nutritional and health conditions are sometimes grim.  Adequate
medical care for prisoners continues to be a problem, despite
official assurances that prisoners have the right to prompt
medical treatment if they become ill.  In 1994 political
prisoners who reportedly had difficulties in obtaining timely
and adequate medical care included Bao Tong, Ren Wanding, and
Qin Yongmin.  Wang Juntao was allowed to go to the United
States for medical treatment in April, and Chen Ziming was
released on medical parole in May, although he remains at home
under heavy surveillance.
Conditions of imprisonment for political prisoners vary
widely.  According to credible reports, some detained
dissidents continue to be incarcerated in psychiatric
institutions and treated with drugs.  Dissidents such as Wang
Wanxing, Wang Miaogen (who had chopped off four of his fingers
in a protest in 1993 over alleged persecution), and Xing
Jiandong are reportedly being held in mental hospitals in
Beijing and Shanghai.  However, the lack of independent outside
access to such persons made it impossible to verify their
diagnoses or medical treatment or the conditions under which
they are being held.
Political prisoners are also often incarcerated with common
criminals.  Chinese press reports claimed that Zheng Musheng, a
Christian, was beaten to death by fellow inmates, who were then
arrested.  His widow filed suit against local public security
officials after Zheng died in custody in early 1994.
Unspecified "action" was taken against prison supervisory
personnel.  There were credible reports that dissident Qin
Yongmin was severely beaten twice by fellow inmates in a
reeducation through labor facility in June.  According to these
reports, he failed to receive adequate medical care after the
beatings.
China does not permit independent monitoring of prison
conditions.  The Procuratorate, charged with law enforcement in
the corrections system, reported 39,342 law violations in
prisons, 17,823 of which were corrected.  China held two rounds
of talks with the International Committee of the Red Cross in
January and April to discuss access to prisoners, but no
agreement was reached.  In February five American journalists
were permitted to visit a Liaoning labor camp where political
prisoner Liu Gang is held.  The journalists saw Liu through a
window but were not allowed to interview him.  Reports persist
that Liu suffers ill health as a result of beatings and other
mistreatment, although Chinese officials have denied these
allegations.  In February a member of the China Human Rights
Society, an organization established primarily to study and
defend China's human rights record, was allowed to meet Liu and
review his medical records in an attempt to refute reports that
he had been mistreated.
     d.  Arbitrary Arrest, Detention, or Exile
Because the Government tightly controls information, it is
impossible to estimate accurately the total number of people
subjected to new or continued arbitrary arrest or detention.
According to one Chinese media report from 1992, authorities
have carried out close to 1 million detentions annually in
recent years under a form of detention known as "shelter for
investigation."  They released some people without charge after
several days or weeks.  In some cases, they charged dissidents
with "disturbing public order" or "causing social turmoil" and
sentenced them to 1 to 3 years of detention without independent
judicial review (see Section 1.e.).
Under China's Criminal Procedure Law, officials may hold
detainees for up to 10 days before a formal arrest warrant must
be approved by the Procuratorate; they must notify the
detainee's family or work unit within 24 hours.  Exceptions to
these provisions include the sweeping provision that
notification may be withheld if it would "hinder the
investigation" of a case.  On May 12, the Government issued
revised public order regulations setting out penalties for
social groups that fail to register with the proper authorities
or for persons on parole or deprived of political rights who
"violate regulations," as well as for several other offenses.
With some exceptions, violators can be detained for up to 15
days and fined about $23 (RMB200).  In 1994 authorities
detained dissidents before high-level visits of foreign
leaders, but it is not clear whether the new public order
regulations were the basis for these detentions.  Most of those
detained were released shortly after the visits ended.  Others
were held for longer periods or detained formally.
In practice, authorities often disregard or circumvent limits
on detention by using regulations on "taking in for shelter and
investigation," "supervised residence," and other methods not
requiring procuratorial approval.  Dissident Wei Jingsheng has
been held incommunicado in supervised residence since April 1.
Credible reports indicate that police detained several other
political activists, including Dai Xuezhong, Xiao Biguang, Zhou
Qianbing, and Zhu Fuming, for months without filing charges
against them.  Wang Dan and others were also detained briefly
without charge several times during 1994.
Local officials and business leaders frequently conspire to use
detentions as a means of exerting pressure in commercial
disputes; cases in some areas have reportedly increased 50
percent over 1993.  Authorities held Hong Kong businessman
Chong Kwee-Sung for 30 months in Henan while his case was being
"investigated," then released him in February without charges
being filed.  Australian businessman James Peng was kidnaped by
public security officials in Macao and brought to China, where
he was held for several months before being tried in November.
Chinese officials said his detention was legal because it was
approved by the National People's Congress Standing Committee,
which has apparently not been the case in other commercial
dispute cases.
In March Procurator General Zhang Siying reported on the
problem of prisoners kept in prison past their release dates,
noting that 34,432 of 73,416 such cases had been corrected.
The legality of detentions can be challenged under the
Administrative Procedure Law, but since detainees do not have
access to lawyers, they have been unable to use this law to
obtain prompt judicial determination of the legality of their
detentions.  The new State Compensation Law, passed in May,
clarified the right of citizens to recover damages for illegal
detentions.  Even before the law took effect on January 1,
1995, the Chinese press reported a decision by a Beijing lower
court awarding damages to a law professor who was illegally
detained and beaten by public security officials in May.  In
June a Fujian court awarded damages in a case of illegal
"taking in for shelter and investigation."  There is no
judicially supervised system of bail, but at the discretion of
public security officials, some detainees are released pending
further investigation.
     e.  Denial of Fair Public Trial
According to the Constitution, the court system is equal in
authority to the State Council and the Central Military
Commission, the two most important government institutions.
All three organs are nominally under the supervision of the
National People's Congress (NPC).  The Supreme People's Court
stands at the apex of the court system, followed in descending
order by the higher, intermediate, and basic people's courts.
Judges are appointed by the people's congresses at the
corresponding level.  There are special courts for handling
military, maritime, and railway transport cases.
Officials insist that China's judiciary is independent but
acknowledge that it is subject to the Communist Party's policy
guidance.  In practice, party and government leaders use a
variety of means to influence court verdicts and sentences.
Corruption and conflicts of interest also affect judicial
decisionmaking.  In March Supreme Court officials acknowledged
problems with local protectionism and failure to conduct fair
trials, particularly in economic disputes.  The Chinese press
publicized a 1993 economic case in which the court told the
parties the decision was already written before the parties had
finished producing their evidence.
In practice, officials often ignore due process rights granted
by the Constitution.  Both before and after trial, prisoners
are subjected to severe psychological pressure to confess their
"errors."  Defendants who fail to "show the right attitude" by
confessing their crimes are typically sentenced more harshly.
Persons appearing before a court are not presumed innocent;
despite official denials, trials are essentially sentencing
hearings.  Confessions without corroborating evidence are
insufficient for a conviction under Chinese law, but coerced
confessions are not automatically excluded as evidence.
Accused persons are given virtually no opportunity to prepare
an adequate defense while their cases are being investigated, a
time when the question of guilt or innocence is essentially
decided.  The law provides that defense lawyers may be retained
7 days before trial.  However, in some cases, even this brief
period is shortened under regulations issued in 1983 to
accelerate the adjudication of certain serious criminal cases.
Under Chinese law, there is no requirement that the court
appoint a defense attorney for the defendant unless the
defendant is hearing impaired or a minor, although the court
may appoint defense counsel if it feels an attorney is
necessary.  When attorneys do appear, they have little time to
prepare a defense and rarely contest guilt; their function is
generally confined to requesting clemency.  The conviction rate
is over 90 percent.  The court's permission is required before
the accused or his representative can interrogate witnesses,
produce new witnesses, or review evidence.
In some regions, experimentation with the trial system is
underway.  Shanghai court officials announced plans in August
in some criminal and civil cases to expand an experiment with a
more adversarial system, which gives attorneys more
responsibility for presenting evidence and arguing the facts
during trials.
Chinese officials state that China has insufficient numbers of
lawyers to meet the country's growing needs.  Knowledgeable
observers report that defense attorneys appear in only a small
number of criminal trials.  As a key element in its legal
reform plans, China plans to increase the number of lawyers to
150,000 by the year 2000.  As of July, there were 70,515
lawyers working in 5,885 law firms.  In many cities, private
law firms are being organized outside the framework of
established government legal offices.  These firms are
self-regulating and do not have their personnel or budgets
determined directly by the State.  At the end of 1993, there
were 502 such firms.  However, many defense lawyers, like other
Chinese, still depend on an official work unit for employment,
housing, and other benefits.  They are therefore often
reluctant to be viewed as overzealous in defending individuals
accused of political offenses.  In some sensitive cases,
relatives of defendants have reportedly found it difficult to
hire defense lawyers.
The Criminal Procedure Law requires that all trials be held in
public, except those involving state secrets, juveniles, or
"personal secrets."  Details of cases involving
"counterrevolutionary" charges, however, have frequently been
kept secret, even from defendants' relatives, under this
provision.  The 1988 Law on State Secrets affords a ready basis
for denying a public trial.  Hong Kong reporter Xi Yang's trial
in March on the charge of stealing state secrets was not open
to the public (see Section 2.a.).  In November journalist Gao
Yu was sentenced to 6 years in prison for "leaking state
secrets," allegedly published in the Hong Kong press.  Gao's
lawyer and her relatives said they had not been notified of the
final trial or sentencing hearing (the case had been returned
twice for insufficient evidence).  There is an appeals process,
but initial decisions are rarely overturned, and appeals
generally do not provide meaningful protection against
arbitrary or erroneous verdicts.  Under the Criminal Procedure
Law, persons "exempted from prosecution" by procurators may
still be deemed to have a criminal record, despite the lack of
a judicial determination of guilt.  Such provisions can be
applied in "counterrevolutionary crimes" as well as in ordinary
criminal offenses.
Lack of due process is particularly egregious when defendants
receive the death sentence.  Chinese officials refuse to
provide comprehensive statistics on death sentences or
executions, but hundreds of executions are officially reported
annually.  The actual numbers may be much higher.  All death
sentences are nominally reviewed by a higher court.  Reviews
are usually completed within a few days after sentencing and
consistently result in a perfunctory confirmation of sentence.
No executions for political offenses are known to have occurred
in 1994.
During 1994 new reports revived previous allegations that
organs from executed Chinese prisoners are removed and
transplanted to patients without the consent of the prisoner or
his or her family.  These reports have not been verified.
In January 1995, a Ministry of Justice official said there were
a total of 1,285,000 prisoners in prisons or reform through
labor camps at the end of 1994.  Prisoners can be sentenced to
these facilities only by the courts.  However, government
authorities can assign persons accused of "minor" public order
offenses to "reeducation through labor" camps in an
extrajudicial process.  Terms of detention run from a normal
minimum of 1 year to a maximum of 3 years.  The labor
reeducation committee which determines the term of detention
may extend an inmate's sentence for an additional year.
According to Chinese officials, 153,000 detainees were in
reeducation through labor facilities at the end of 1993, up 16
percent over 1992 figures.  Other estimates of the number of
inmates are considerably higher.  Officials said 75,900 were
released from reeducation through labor facilities in 1993.
Under a State Council regulation issued in early 1991, those
sentenced to reeducation through labor may ask the committee to
reconsider its decision.
Since 1990 reeducation through labor sentences may also be
judicially challenged under the Administrative Procedure Law.
While some persons have obtained a reduction in or withdrawal
of their sentence after reconsideration or appeal, in practice
these procedures are not widely used, and short appeal times,
lack of access to lawyers, and other problems weaken their
effectiveness in preventing or reversing arbitrary decisions.
Government officials deny that China has any political
prisoners, asserting that persons are detained not for the
political or religious views they hold, but because they have
taken some action which violates the Criminal Law.  Political
dissidents, however, are often detained or charged for having
committed "crimes of counterrevolution" under Articles 90
through 104 of the Criminal Law.  Counterrevolutionary offenses
range from treason and espionage to spreading
counterrevolutionary propaganda.  The authorities also used
these articles to punish persons who organized demonstrations,
disrupted traffic, disclosed official information to
foreigners, or formed associations outside state control.  In
December, 9 of 16 defendants tried in Beijing in July were
sentenced to prison terms ranging from 3 to 20 years for
leading or participating in "counterrevolutionary groups" or
conducting "counterrevolutionary propaganda and incitement."
One defendant was sentenced to two years of "supervision," one
was excused before trial for medical reasons, and charges
against five others were dropped.  All 16 defendants had been
held in pretrial detention for more than 2 years.   In other
cases, the system of reeducation through labor is used to deal
with political offenders.  Qin Yongmin was sentenced to 2
years' reeducation through labor in January for "creating
turmoil," apparently for his role as founder of the "Peace
Charter" group in 1993.  Labor activist Zhang Lin and lawyer
Zhou Guoqiang were reportedly sentenced to 3-year terms of
reeducation through labor in September, as were activists Bao
Ge, Yang Zhou, Li Guotao, and Yang Qingheng in October.  Liu
Huanwen was sentenced to 2 years' reeducation through labor in
August.  Shanghai Human Rights Association member Dai Xuezhong
was sentenced to 3 years for alleged tax evasion in December.
Wei Jingsheng's secretary, Tong Yi, began serving a 2 1/2 year
sentence of reeducation through labor in late December for
allegedly forging an official stamp.  Dissidents such as Fu
Shenqi and Zhang Xianliang are also still being held in
reeducation through labor facilities and are reportedly in poor
health.
In January an official from the Chinese Ministry of Justice
said there were 2,678 people serving sentences for
counterrevolutionary crimes at the end of 1994.  Chinese
officials told an American human rights monitor in June that as
of the end of March there were 2,935 people serving sentences
for counterrevolutionary crimes, down from 3,172 in December
1993.  These figures include people convicted of espionage or
other internationally recognized criminal offenses but do not
include political prisoners detained but not charged; political
or religious activists held in reeducation through labor camps;
and persons detained or convicted for criminal offenses due
solely to their nonviolent political or religious activities.
The Government released on parole during 1994 several Chinese
prisoners who were detained for political or religious reasons,
including prominent activists Wang Juntao, Chen Ziming, Ding
Junze, Yulo Dawa Tsering, and others.  Nevertheless, many
others, including Wei Jingsheng, Ren Wanding, Bao Tong, and Liu
Gang, remained imprisoned or under other forms of detention in
1994.  Some of those released in 1994 or earlier, such as Chen
Ziming and Wang Dan, remain under close police surveillance and
suffer from occasional police harassment, making it difficult
for them to live a normal life.  Wang Dan, for example, was
threatened physically in December by undercover police
officers, some of whom continued surveillance outside his
home.  Fearing physical harm, Wang disappeared from public view
for 4 weeks before returning home.
Many political prisoners are subject to "deprivation of
political rights" even after their period of parole has
expired.  This status further limits their rights of free
speech and association.  With a criminal record, their status
in society, ability to be employed, freedom to travel, and
numerous other aspects of their lives are often severely
restricted, although economic reform and social change have
ameliorated these problems somewhat.  The families of political
prisoners are also adversely affected; sometimes family members
encounter difficulty in obtaining or keeping employment and
housing.  For example, Zhang Fengying, wife of imprisoned
activist Ren Wanding, and her teenage daughter were evicted
from their apartment, owned by Ren's work unit, in 1992 and
remained in poor housing during 1994.
CHINA2
hTITLE:  CHINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Changes in the economic structure, including the growing
diversity of employment opportunities and the increasing market
orientation of many work units, are undermining the ability of
the authorities to monitor and regulate personal and family
life as closely as in the past, particularly in rural areas.
In urban areas, however, most people still depend on their
government-linked work unit for housing, permission to have a
child, approval to apply for a passport, and other aspects of
ordinary life.  The work unit, along with the neighborhood
committee, is charged with monitoring activities and attitudes.
Although the law requires search warrants before security
forces can search premises, this provision is often ignored.
In addition, both the Public Security Bureau and procuracy
apparently can issue search warrants on their own authority.
The 1982 Constitution states that "freedom and privacy of
correspondence of citizens ... are protected by law," but in
practice, authorities record some telephone conversations and
some mail is opened and censored.  Government security organs
monitor and sometimes restrict contact between foreigners and
Chinese citizens, particularly dissidents.  Rules issued in
July implementing the State Security Law define "activities of
individuals outside the country (including non-Chinese citizens
resident in China) who disregard dissuasion and meet with
personnel in the country who have endangered state security or
who are seriously suspected of endangering state security" as a
violation of the State Security Law.
The Government has continued its effort to control citizens'
access to outside sources of information, selectively jamming
Chinese language broadcasts of the Voice of America (VOA) and
British Broadcasting Corporation.  The effectiveness of the
jamming varies considerably by region, with audible signals of
VOA and other broadcasters reaching most parts of China.
China's population has roughly doubled in the past 40 years to
1.18 billion people.  In the 1970's and 1980's, China adopted a
comprehensive and highly intrusive one-child family planning
policy.  This policy most heavily affects Han Chinese in urban
areas.  Urban couples seldom obtain permission to have a second
child.  However, exceptions are allowed for the 70 percent of
Han who live in rural areas, and ethnic minorities are subject
to less stringent population controls.  Enforcement of the
family planning policy is inconsistent, varying widely from
place to place and year to year.
The population control policy relies on education, propaganda,
and economic incentives, as well as more coercive measures,
including psychological pressure and economic penalties.
Rewards for couples who adhere to the policy include monthly
stipends and preferential medical and educational benefits.
Disciplinary measures against those who violate the policy
include fines, withholding of social services, demotion, and
other administrative punishments, such as loss of employment.
Unpaid fines have sometimes resulted in confiscation or
destruction of personal property.  Because penalties for excess
births can be levied against local officials and the mothers'
work units, many individuals are affected, providing multiple
sources of pressure.
Physical compulsion to submit to abortion or sterilization is
not authorized, but Chinese officials acknowledge privately
that there are instances of forced abortions and
sterilizations.  Officials maintain that, when discovered,
responsible officials are disciplined and undergo retraining.
They admit, however, that stronger punishment is rare.
Individuals can also sue officials who have exceeded their
authority in implementing family planning policy, but
government officials have not provided data on the number of
successful suits on these grounds.
Regulations forbid sex-selective abortion, but because of the
traditional preference for male children, particularly in rural
areas, some families have used ultrasound to identify and abort
female fetuses.  Use of ultrasound for this purpose was
specifically prohibited by the Maternal and Child Health Law
passed in October, which prescribes penalties for medical
practitioners who violate this provision.  The Chinese press
has reported that the ratio of male to female births is 114 to
100, based on a nationwide average, while the statistical norm
is 106 male births to 100 female.  The ratio excludes many
female births, especially the second or third in a family,
which are unreported to permit the parents to keep trying to
conceive a boy, but may also reflect the abuse of sonography.
Female infanticide may also be a factor in some areas of China.
At least five provincial governments have implemented
regulations seeking to prevent people with severe mental
handicaps from having children.  In October China passed a
national Maternal and Child Care Law calling for premarital and
prenatal examinations to determine whether couples have acute
infectious diseases, certain mental illnesses (not including
mental retardation), or are at risk for passing on debilitating
genetic diseases.  The law goes into effect on June 1, 1995,
and implementing regulations defining which diseases or
conditions will be covered have not yet been completed.  The
law will be implemented by the Ministry of Health, not the
State Family Planning Commission, and while it includes
provisions for abortion or sterilization in some cases based on
medical advice, it provides for obtaining a second opinion and
mandates that patients or their guardians give written consent
to such procedures.  (See also Section 5 on People with
Disabilities.)
There were no reported cases of prosecution of parents for
teaching their children religion in the privacy of their home.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Constitution states that freedom of speech and
freedom of the press are fundamental rights enjoyed by all
Chinese citizens, the Government interprets the Communist
Party's "leading role" as circumscribing these rights.  It does
not permit citizens to publish or broadcast criticism of senior
leaders or opinions that contradict basic Communist Party
doctrine, which provides for a Socialist state under the
party's leadership.  The Government and party maintained strict
control over published expression of dissenting views in 1994.
Public security authorities briefly detained several foreign
journalists in March, April, and May after they had interviewed
or attempted to interview noted dissidents or their relatives.
Under China's State Security Law, "official secrets" are
broadly defined, and interpretation is left to the Ministries
of State Security and Public Security.  Hong Kong reporter Xi
Yang was convicted of "spying and stealing state secrets" after
a closed trial in March.  He was sentenced to 12 years'
imprisonment and 2 years' deprivation of political rights for
allegedly obtaining "financial and economic secrets," including
information on China's interest rates and plans to sell gold.
Tian Ye, the bank official who allegedly supplied Xi with the
information, was sentenced to 15 years' imprisonment and 3
years' deprivation of political rights.  After a closed trial,
former journalist Gao Yu was sentenced to 6 years' imprisonment
in November for "leaking state secrets abroad."  (See Section
1.e.)
The party and the Government continue to control print and
broadcast media and compel them to propagate the currently
acceptable ideological line.  In June press guidelines called
on reporters to protect state secrets, avoid corruption, and
not publicize "sensitive subjects."  Despite these admonitions,
the lively tabloid sector continued to expand in 1994, while
circulation of major propaganda-oriented dailies continued to
decline.  Radio talk shows remained popular, and, while
generally avoiding politically sensitive subjects, they
provided opportunities to air grievances about public issues.
A small but rapidly growing segment of the population has
access to satellite television broadcasts.  Satellite
television dishes are widely available for sale, and a
licensing scheme begun in October 1993, which controls purchase
and possession of the equipment, has been implemented at best
unevenly.
The Government's ability to control the production and
dissemination of publications continued to diminish in 1994.
Fierce competition and dwindling government subsidies have
increased opportunities for private publishers and
booksellers.  Some credible estimates hold that, at the end of
1993, as much as one-third of all books were being published
through these unsanctioned channels.  In April officials
announced the number of licensed publications would be frozen
at current levels.  Shenzhen authorities confiscated a thousand
copies of "Tendency Quarterly" and briefly detained its founder
in January.  In May 45 newspapers and periodicals were banned
for illegally reselling their publishing licenses.  Seven film
directors were banned in March for entering their works in an
overseas film festival without going through official channels.
The Government has continued to impose heavy ideological
controls on colleges, universities, and research institutes.
As a result, many intellectuals and scholars, fearing that
books or papers on political topics would be deemed too
sensitive to be published, feel compelled to exercise
self-censorship.  In areas such as economic policy or legal
reform, there was greater official tolerance for comment and
criticism.
     b.  Freedom of Peaceful Assembly and Association
While the Constitution provides for freedom of peaceful
assembly and association, the Government severely restricted
these rights in practice.  The Constitution provides, for
example, that such activities may not infringe "upon the
interests of the State";  protests against the political system
or its leaders are prohibited.  Although some small-scale
demonstrations on nonpolitical grievances are tolerated in
practice, demonstrations involving expression of dissident
political views are denied permits and suppressed if held.
Police detained Zhou Guoqiang and Yuan Hongbing in March,
reportedly in part due to their presentation of a petition on
human rights and worker rights to the NPC during its annual
plenary session.  Press reports from a Chinese-controlled
service also accused Zhou of planning to sell "political"
T-shirts while the NPC was in session.
The Communist Party organizes and controls most professional
and other mass associations.  Regulations promulgated in 1990
require all organizations to be officially registered and
approved.  Ostensibly aimed at secret societies and criminal
gangs, the regulations also deter the formation of unauthorized
political or labor organizations.  Authorities in Shanghai
refused to allow several individuals to register a proposed
"human rights association," and some members of the group were
subsequently detained (see Section 4).  In March Liu Nianchun
was denied permission to register the Association for
Protection of Labor Rights; Liu himself was detained in May but
released in October.  No charges were filed against him.
     c.  Freedom of Religion
The Government subjects religious freedom to restrictions of
varying severity, although the number of believers continues to
grow.  While the Constitution affirms toleration of religious
beliefs, government regulations restrict religious practice to
government-controlled religious organizations and registered
places of worship.  The Government supervises the publication
of religious material for distribution.  There are persistent
complaints that the number of Bibles and other religious
materials allowed to be printed falls far short of demand.
Religious affairs bureaus, which are staffed by officials who
rarely are religious believers, provide "guidance and
supervision" over implementation of government regulations on
religion.  In a Catholic seminary in Chengdu, all the
seminarians walked out in April to protest party interference
in the operation of the school.  Communist Party officials
state that party membership and religious belief are
incompatible.  This places a serious limitation on religious
believers, since party membership is required for almost all
high positions in government and state-owned businesses.
There are no specific bans on particular religious groups, but
the treatment of religious believers and organizations varies
widely.  Unregistered or "house" church leaders and members are
harassed in some regions but tolerated in others.
Nonmainstream sects are often singled out.  Credible reports
indicate members of an evangelical sect known as "Shouters"
continued to be harassed, detained, fined, and imprisoned in
Henan after the group was deemed "counterrevolutionary" in 1984.
After forcefully suppressing all religious observances during
the 1966-76 Cultural Revolution, the Government began in the
late 1970's to restore or replace damaged or confiscated
churches, temples, mosques, and monasteries.  The official
religious organizations administer more than a dozen Catholic
and Protestant seminaries, nine institutes to train Imams and
Islamic scholars, and institutes to train Buddhist monks.
Students who attend these institutes must demonstrate
"political reliability," and all graduates must pass an
examination on their theological and political knowledge to
qualify for the clergy.  The Government permitted some Catholic
seminarians, Muslim clerics, and Buddhist clergy to go abroad
for additional religious studies in 1994.
The authorities permit officially sanctioned religious
organizations to maintain international contacts as long as
these do not entail foreign control.  In January China
promulgated regulations on religious practices by foreigners
and on places of religious activities.  The regulations
codified many existing rules, including a ban on proselytizing
by foreigners, but allow foreign nationals to preach to
foreigners, bring in religious materials for their own use, and
preach to Chinese in churches, mosques, and temples at the
invitation of registered religious organizations.  In practice,
some discreet proselytizing and distribution of religious texts
by foreigners outside official channels is tolerated.
Buddhists are by far the largest body of religious believers in
China.  The Government estimates that there are 100 million
Chinese Buddhists, most of whom are from the dominant Han
ethnic group.  (A discussion of government restrictions on
Tibetan Buddhism can be found in the addendum to this report.)
According to government figures, there are 17 million Muslims
in China.  In some areas with large Muslim populations,
officials continue to restrict the building of mosques and the
religious education of youths under 18.  Following the 1990
unrest in Xinjiang, the authorities issued regulations further
restricting religious activities and teaching.  Ningxia
authorities issued regulations in July forbidding religious
bodies from interfering in administrative affairs, including
education, marriage, and family planning.
China permits Muslim citizens to make the hajj to Mecca, and
the number of those making the hajj has significantly increased
in recent years.  About 3,000 officially sponsored Chinese made
the hajj in 1993; many more traveled at their own expense.
The number of Christians continues to grow rapidly.  Only those
Christian churches affiliated with either the Catholic
Patriotic Association or the (Protestant) Three Self Patriotic
Movement, which the Government established in the 1950's to
eliminate perceived foreign domination of Christian groups, may
operate openly.
Active unofficial religious movements pose an alternative to
the state-regulated churches, although in some areas there is
tacit cooperation between official and unofficial churches.
The unofficial, Vatican-affiliated, Catholic Church claims a
membership far larger than the 4 million registered with the
official Catholic Church, though actual figures are unknown.
In addition to the 6 million persons who are officially counted
as following Protestantism, a large number of Protestants
worship privately in "house churches" that are independent of
government control.
There continued to be credible reports in 1994 of efforts by
authorities in some areas to rein in activities of the
unapproved Catholic and Protestant movements, including raiding
and closing a number of unregistered churches.  Two Protestant
house churches in Shenzhen were reportedly closed and their
leaders briefly detained.  Several Hong Kong-based Christian
missionaries were detained for a few days in Henan in February
for violating regulations on religious activities by
foreigners; several Chinese Christians also detained in
connection with the incident were released later.  In November,
in another town in Henan, a preacher from Taiwan and 152 local
Christians were reportedly detained on charges of unauthorized
proselytizing by foreigners (under the January religious
regulations, Chinese from Hong Kong and Taiwan are covered by
the rules governing foreigners).  Ten are still in custody; the
rest reportedly were released after paying fines of
approximately $118 (1,000 RMB).  The Guangzhou house church of
Pastor Samuel Lamb (Lin Xiangao) continued to operate openly
but was subject to limited harassment by the authorities.
Elsewhere, authorities tolerate the existence of unofficial
Catholic and Protestant churches as long as they remain small
and discreet.
A number of religious activists remained imprisoned in 1994.
There was some evidence that authorities have increasingly used
short-term detentions, rather than long prison terms when
dealing with unauthorized religious activities.  Pan Yiyuan,
leader of a house church in Fujian, was detained in March and
released in December.  Wei Jingyi was redetained in January in
Hebei less than a year after finishing a 3-year sentence to
reeducation through labor.  Two church members from Anhui were
reportedly sentenced to 2 years' reeducation through labor in
September, reportedly for contacting "anti-China overseas
organizations."  Father Gu Zheng was reportedly detained in
Xinjiang in October for teaching in an unregistered Catholic
seminary.  Father Vincent Qin Guoliang was sentenced to 3
years' reeducation through labor in November in Qinghai
province.  Bishop Su Zhiming was detained briefly in January
after meeting with a visiting U.S. Congressman.  Authorities in
Jiangxi reportedly redetained Bishop Zeng Jingmu in September
after holding him for a few days in August.  Father Liao
Haiqing, also detained in September, was released in November.
Several other religious activists were released in 1994,
although the whereabouts of some reported to have been released
could not be confirmed, and others remained under some
restrictions.  Pei Ronggui and Jia Zhiguo were released in late
January or early February; Zhang Ruiyu, Chen Zhuman, Cui Tai,
Yan Peizhi, Xu Zhihe and Zhang Li were released in May.  In
April a visiting American religious figure was told that Han
Dingxiang, Fan Zhongliang, Liu Guangdong, and others had been
released.  In November the U.N. Special Rapporteur on Religious
Intolerance made a 10-day visit to China, including Tibet, at
the invitation of the Chinese Government.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The effectiveness of the Government's identification card
system used to control and restrict individual residence
location within the country continued to erode in 1994.  The
"floating population" migrating to China's urban areas from the
countryside is estimated at anywhere from 50 to 100 million.
In January the Government announced the household registration
system would be revamped to adapt to the new situation.
However, because this itinerant population lacks official
status, access to housing, schooling, and the full range of
employment opportunities can be restricted.
Some former inmates have been denied permission, under the
"staying at prison employment" system, to return to their
homes, a provision applicable to those incarcerated in both the
"reform through labor" and the "reeducation through labor"
systems.  For those assigned to camps far from their
residences, this constitutes a form of internal exile.  The
number of prisoners subject to this restriction is unknown.
Others have reportedly been forced to accept jobs in state
enterprises where they can be more closely supervised after
their release from prison or detention.
The Government routinely permits legal emigration and most
foreign travel.  There was progress during 1994 in several
cases in which the Government had denied passports for
political reasons.  Legal scholar Yu Haocheng finally obtained
a passport and exit permit in May, as did several relatives of
dissidents currently residing abroad.  Although regulations
promulgated in 1990 require college graduates to repay the cost
of their free postsecondary education by working for 5 years
before going abroad, students wishing to go abroad still manage
to obtain passports.  The Government continues to use political
attitudes as a major criterion in selecting people for
government-sponsored study abroad.
The Government continued its efforts to attract persons who
have studied overseas back to China.  Official media have said
that before returning home, Chinese citizens who have joined
foreign organizations hostile to China should quit them and
refrain from activities which violate Chinese law.  The
authorities continued to refuse to allow labor activist Han
Dongfang to return to China after revoking his passport in 1993
on the grounds that he engaged in activities hostile to China
while overseas.  In November authorities stopped poet Bei Dao
at Beijing Airport and reportedly interrogated him overnight
about his position as director of Human Rights in China, a
U.S.-based organization.  He was then refused entry into
China.  Some former student leaders who were active in the 1989
Tiananmen demonstrations reportedly continue to have difficulty
getting permission to return to China.
The Government accepts the repatriation of citizens who have
entered other countries or territories illegally.  In 1994, in
addition to the routine return of Chinese illegal immigrants
found in Hong Kong, the Government permitted the return of
several large groups of illegal immigrants from other countries.
Citizens illegally smuggled to other countries are often
detained for a short time to determine identity and any past
criminal record or involvement in smuggling activities.  As a
deterrent and to recover local costs incurred during the
repatriation, the authorities in some areas levy a fine of
$1,000 or more on returnees.
Currently there is no law authorizing the authorities to grant
refugee status, and they generally repatriate persons of other
nationalities seeking to be recognized as refugees.  The
Ministries of Foreign Affairs, Public Security, and Civil
Affairs, in collaboration with the U.N. High Commissioner for
Refugees, are writing legislation that would allow China to
honor its obligation as a party since 1982 to the Geneva
Convention in regard to refugees.
Although the Government denies having tightened its policy on
accepting Vietnamese refugees, in recent years very few such
refugees have actually been resettled in China.  China has not
signed the Comprehensive Plan of Action negotiated at the
Geneva International Conference on Indochinese Refugees in
1989, but it generally has abided by its principles.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens lack the means to change their government legally and
cannot freely choose or change the laws and officials that
govern them.  Citizens vote directly only for county-level
people's congress delegates.  People's congress delegates at
the provincial level are selected by county-level people's
congresses, and in turn provincial-level people's congresses
select delegates to the National People's Congress.  According
to the 1982 Constitution, the National People's Congress (NPC)
is the highest organ of state power.  It elects the President
and Vice President, decides on the choice of the Premier, and
elects the Chairman of the Central Military Commission.  In
some elections (but not for the central Government positions
chosen by the NPC), voters are offered more candidates than
positions, allowing a modest degree of choice among officially
approved candidates.  There were credible reports that the
candidates most favored by authorities were defeated in some
local elections, particularly at the village level.
There are no restrictions placed on the participation of women
or minority groups in the political process, and women make up
14 percent of Communist Party membership.  However, the
election and agenda of people's congresses at all levels remain
under tight control by the Communist Party, the paramount
source of political authority in China.  The Constitution was
amended in 1993 to ratify the existence of small "democratic"
parties, but these play only a minor consultative role at most,
and all pledge allegiance to the Communist Party.  Thus, the
Communist Party retains an explicit monopoly on political
decisionmaking.
The requirement that associations register and be approved
makes it difficult for independent interest groups to form and
affect the system.  Several persons who petitioned the NPC
calling for greater attention to human rights and workers'
rights, including Zhou Guoqiang, Yuan Hongbing, and others,
were detained by authorities in March and April.  Zhou Guoqiang
was sentenced in September to 3 years' reeducation through
labor (see Section 1.e.).
CHINA3
pspsTITLE:  CHINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no independent Chinese organizations that publicly
monitor or comment on human rights conditions in China.  The
Government has made it clear it will not tolerate the existence
of such groups.  In April Shanghai officials denied a request
for permission to register by the Chinese Human Rights
Association, a group founded by Yang Zhou and other
dissidents.  The decision was justified on the grounds that the
group was not affiliated with an official organization.  The
authorities subsequently detained most of the members of the
group, but it is not clear whether their detentions resulted
solely from their involvement in the group.  Wang Dan, a 1989
student activist, was repeatedly detained for brief periods in
1994 after announcing his intention to investigate China's
human rights situation.  (See also Section 1.d.)
The Government has promoted limited academic study and
discussion of concepts of human rights since 1991.  Research
institutes in Shanghai and Beijing, including the Chinese
Academy of Social Sciences, have organized symposia on human
rights issues, established human rights research centers, and
visited other countries to study human rights practices in
those nations.  In 1993 the Government formed the China Society
for Human Rights Studies as a "nongovernmental organization";
its efforts have focused largely on improving China's image
abroad and responding to criticism of China's human rights
record.  In June the Society issued comments on the 1993 U.S.
State Department Human Rights Report which stridently defended
Chinese practices and glossed over fundamental human rights
abuses that the Government continues to perpetrate.
The Government reiterated in April that China agrees to abide
by the Universal Declaration of Human Rights and other
international human rights documents.  Despite this public
statement, Chinese officials accept only in theory the
universality of human rights.  They argue instead that a
nation's political, economic, and social system and its unique
historical, religious, and cultural background determine its
concept of human rights.  To advocate this nonuniversal view,
and to deflect attempts to discuss its human rights record,
China was active in 1994 in international forums, including the
annual U.N. Human Rights Commission meeting.
The Government remains reluctant to accept criticism of its
human rights practices by other nations or international
organizations and often criticized reports by international
human rights monitoring groups in 1994.  Nevertheless,
officials no longer dismiss all discussion of human rights as
interference in the country's internal affairs.  Chinese
authorities continued their limited dialog with foreign
governments on human rights issues in talks with a number of
visiting delegations from other countries, and also during
visits abroad by Chinese leaders.  At the request of the U.S.
Government in 1993, the Chinese Government provided limited
information about the status of several hundred persons
believed to be imprisoned for their political or religious
beliefs.  As noted in Section 2.c., in November the U.N.
Special Rapporteur on Religious Intolerance visited China for
10 days at the invitation of the Chinese Government.  His visit
included a trip to Lhasa, capital of the Tibet Autonomous
Region.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Laws exist that seek to protect women, children, the disabled,
and minorities.  In practice, social discrimination based on
ethnicity, gender, and disability has persisted and the concept
of a largely homogeneous Chinese people pervades the general
thinking of the Han majority.
     Women
The 1982 Constitution states that "women enjoy equal rights
with men in all spheres of life," including ownership of
property, inheritance rights, and access to education.  In 1992
the NPC enacted legislation on the protection of the rights and
interests of women which was designed to assist in curbing
sex-related discrimination.  Women continued, however, to
report discrimination, sexual harassment, unfair dismissal,
demotion, and wage cuts.  Women are sometimes the unintended
victims of economic reforms designed to streamline enterprises
and give workers greater job mobility.  A survey of the
All-China Federation of Trade Unions found that women made up
60 percent of those forced to leave their jobs due to
enterprise cutbacks or reorganizations in 1993.  Many employers
prefer to hire men to avoid the expense of maternity leave and
child-care, and some even lowered the retirement age for female
workers to 40 years of age.  Although Chinese law promises
equal pay for equal work, a 1990 survey found that women's
salaries averaged 77 percent of men's.  Most women employed in
industry work in lower-skilled and lower-paid jobs.
In June the Government issued a white paper on the situation of
Chinese women, spurred by plans to host the Fourth World
Conference on Women in Beijing in 1995.  According to the white
paper, women hold relatively few positions of significant
influence within the party or government structure (there are
no women in the 22-member Politburo), although 21 percent of
national People's Congress delegates and 13 percent of members
of the Chinese People's Political Consultative Conference are
women.  While the gap in the education levels of men and women
is narrowing, men continue to constitute the majority of the
educated, particularly the highly educated.  For example, the
white paper reported that in 1992, women made up 33.7 percent
of college students, and 24.8 percent of postgraduates.  From
1982 to 1993, 4.9 percent of doctoral degrees were awarded to
women.
The Government continued in 1994 to condemn strongly and take
steps to prevent and punish the abduction and sale of women for
marriage or prostitution, violence against women, and female
infanticide.  It has severely punished and in some cases
executed a number of people accused of such crimes.  In a case
reported in the Chinese press in December, a gang of 48 people
in Anhui province received sentences ranging from 19 years to
death for abducting, raping, and selling 102 women.  The case
was the most serious which has become known to date.  The
abduction of women remains a serious problem, especially in
those areas where local officials have resisted efforts of
central authorities to stop it.  According to figures announced
by the Ministry of Public Security in January, there were
15,000 cases of abduction and trafficking in women and children
in 1993.
One report from Inner Mongolia blamed part of the problem of
abduction and selling of women on a serious imbalance in sex
ratios in one county, where there were 115 men for every 100
women.  The question of male/female birth ratios and
traditional preferences for boys is discussed in Section 1.f.
Although Chinese authorities have enacted laws and conducted
educational campaigns to eradicate the traditional preference
for sons, in many areas this preference remains strong,
especially in rural China.  A number of provinces have sought
to reduce the perceived higher value of boys in providing old-
age support for their parents by establishing or improving
pensions and retirement homes.
Nationwide statistics on the extent of physical violence
against women are not available, but a survey of 2,100 families
by the Beijing Society for Research on Marriage and the Family
published in March, showed that one-fifth of all wives had been
abused by their spouses.  One government study indicated 2
percent of urban households and 5 percent of rural ones had
serious problems of domestic violence.
     Children
China does not condone violence against children, and physical
abuse can be grounds for criminal prosecution.  In 1992 China's
Law on the Protection of Juveniles was enacted.  It forbids
infanticide, as well as mistreatment or abandonment of
children.  The law also prohibits discrimination against
handicapped minors, emphasizes the importance of safety and
morality, and codifies a variety of judicial protections for
juvenile offenders.  The Chinese press continues to report
instances of child abuse, for example a December case in which
a mother beat her daughter to death despite several prior
warnings to stop abusing the child.  In one case publicized in
the Chinese press, a hospital successfully sued a father for
abandoning his infant twin daughters soon after their birth.
He was given a 1-year suspended sentence.  Female and
especially handicapped children represent a disproportionate
percentage of those abandoned.  Kidnaping and buying and
selling of children continued to be a problem in some rural
areas.  China's extensive health care delivery system has led
to a sharp decline in infant mortality rates and improved child
health.  According to Chinese media, China's infant mortality
rate declined to 31 per 1,000 live births in 1994.
     National/Racial/Ethnic Minorities
The 55 designated ethnic minorities constitute just over 8
percent of China's total population.  Most minority groups
reside in areas they have traditionally inhabited, many of
which are in mountainous or remote parts of China.  China's
minorities benefit from a policy of preferential treatment in
marriage policy, family planning, university admission, and
employment.  While the standard of living for most minorities
has improved in recent years, incomes in these areas are often
well below the national average.  The Government has programs
to provide low interest loans, subsidies, and special
development funds for minority areas.  While these government
development policies have helped raise minority living
standards, they have also disrupted traditional living
patterns.
The central Government has tried to adopt policies responsive
to minority sensitivities, but in doing so has encountered the
dilemma of how to respect minority cultures without damaging
minority educational and economic opportunities.  In many areas
with a significant population of minorities, there are
two-track school systems using standard Chinese and minority
languages.  Students can choose which system to attend.  One
acknowledged side effect of this policy to protect and maintain
minority cultures has been reinforcement of a segregated
society.  Under this separate education system, those
graduating from minority schools are at a disadvantage when
competing for jobs in government and business, which require
good spoken Chinese.  These graduates must take Chinese
language instruction before attending universities and colleges.
The Communist Party has an avowed policy of boosting minority
representation in the Government and the party.  Many
minorities occupy local leadership positions, and a few have
positions at the national level.  However, in most areas,
ethnic minorities are effectively shut out of most positions of
real political and decisionmaking power.  Some minorities
resent Han officials holding key positions in minority
autonomous regions.  Ethnic minorities in Tibet, Xinjiang, and
elsewhere have at times demonstrated against Han Chinese
authority.  Central authorities have made it clear that they
will not tolerate opposition to Communist Party rule in
minority regions.
     People with Disabilities
In 1990 China adopted legislation protecting the rights of
China's 54.64 million disabled.  However, as with many other
aspects of Chinese society, reality for China's handicapped
lags far behind the legal provisions.  Misdiagnosis, inadequate
medical care, pariah status, and abandonment remain the norm
for China's disabled population.
Statistics on education reveal the inequity of resources
afforded the handicapped in China:  only 6 percent of disabled
school children receive primary education.   The illiteracy
rate among the disabled is 60 percent, and school attendance
averages only 20 percent for blind, deaf, or mentally retarded
children.
In May the China Welfare Fund for the Handicapped, headed by
Deng Pufang, son of retired senior leader Deng Xiaoping,
announced plans to raise the employment rate and the education
enrollment rate of the disabled to 80 percent by the year 2000,
increase vocational training, and promote research on
disabilities in China.  All state enterprises are required to
hire a certain number of disabled workers, but Chinese
authorities estimate that 40 percent of disabled people are
jobless.
In May China adopted standards for making roads and buildings
accessible for the handicapped.  The 1990 Law on the
Handicapped, however, calls for "gradual" implementation of the
standards.  A low level of compliance with the regulations to
date has resulted in limited access to most buildings for
China's physically handicapped.
The new Maternal and Child Health Care Law passed in October
postpones the marriage of persons with certain specified
contagious diseases or certain acute mental illnesses such as
schizophrenia.  If doctors find that a couple is at risk of
transmitting disabling congenital defects to their children,
the couple may marry only if they agree to use birth control or
undergo sterilization.  The law mandates premarital and
prenatal examination for genetic or contagious diseases, and it
specifies that medically advised abortion or sterilization
require the signed consent of the patients or their guardians.
Section 6  Worker Rights
     a.  The Right of Association
China's 1982 Constitution provides for "freedom of
association," but this right is heavily diluted by references
to the interest of the State and the leadership of the Chinese
Communist Party.  The country's sole officially recognized
workers' organization, the All-China Federation of Trade Unions
(ACFTU) is controlled by the Communist Party.  Independent
trade unions are illegal.  Though ACFTU officials recognize
that workers' interests may not always coincide with those of
the Communist Party, the trade union law passed by the NPC in
March 1992 stated that the ACFTU is a party organ, and its
primary purpose is to mobilize workers for national
development.  The 1993 revised Trade Union Law required that
the establishment of unions at any level be submitted to a
higher level trade union organization for approval.  The ACFTU,
the highest level organization, has not approved the
establishment of independent unions.  Attempts to form or
register independent unions have been severely repressed (see
Section 1.e. and 2.b.).  There are no provisions allowing for
individual workers or unofficial worker organizations to
affiliate with international bodies.  The vast majority of
workers have no contact with any union other than the ACFTU.
Credible reports indicate that the Government has attempted to
stamp out clandestine union activity.  In March a petition
calling, among other things, for workers to have "freedom from
exploitation," the right to strike, and the right to organize
nonofficial trade unions was circulated in Beijing.  Chinese
authorities later detained Zhou Guoqiang, (an associate of Han
Dongfang, see Section 2.d.) Yuan Hongbing, and Wang Jiaqi after
they presented the petition;  Zhou was sentenced in September
to 3 years' reeducation through labor, although the charges
against him were reportedly not linked to the petition.
Accurate figures are not available on the number of Worker
Autonomous Federation detainees still being held after the 1989
Tiananmen Square demonstrations.
The ACFTU's primary attention remains focused on its
traditional constituency, state sector workers.  The Trade
Union Law mandates that workers may decide whether to join the
union in their enterprise.  By official estimate, 10 percent of
workers in collectively and state-owned enterprises have chosen
for their own reasons not to join.  There have been no reports
of repercussions for workers who have not joined ACFTU unions.
Diversification of enterprise types over the last decade of
reform has vastly increased the number of workers outside the
traditional sphere of the ACFTU.  Over half of China's
nonagricultural work force is now largely unorganized and
outside the state industrial structure, in collectives,
township and village enterprises, private and individual
enterprises, and foreign-invested enterprises.  In township and
village enterprises, one of the fastest growing sectors of the
economy, only 0.1 percent of workers are organized in ACFTU
affiliates.
Workers in companies with foreign investors are guaranteed the
right to form unions, which must affiliate with the ACFTU.
According to ACFTU statistics, 60 percent of workers in
foreign-invested companies had joined unions by December 1994.
Unofficial Embassy surveys suggest a more accurate estimate of
unionization of employees in foreign-invested enterprises might
be closer to 40 percent.  According to press reports, 14
coastal provinces issued regulations requiring all
foreign-invested enterprises to establish unions by the end of
1994.  Enforcement of these regulations appears to have been
haphazard.  Guangdong province, recipient of much of China's
foreign investment, reported 40-percent unionization of
foreign-invested enterprises in December 1994.
The right to strike, which had been included in China's 1975
and 1978 constitutions, was not retained in the 1982
Constitution.  In general, the Union Law assigns unions the
role of mediators or go-betweens with management in cases of
work stoppages or slowdowns.  Nonetheless, work stoppages
occurred in several locations in China during 1994.  One of the
largest well-documented cases occurred when 1,300 workers in a
foreign-invested enterprise in Shekou in Guangdong province
struck over working conditions.  Beginning in 1993, the
Ministry of Labor no longer officially denied the existence of
strikes in China.  In 1994 Ministry of Labor officials provided
detailed statistics on the number and type of labor disputes.
The statistics, based on National Mediation Center and Labor
Bureau records, reveal a 50-percent increase in disputes in
1993.  Ministry of Labor arbitration bureaus across China
recorded 12,358 disputes involving 34,794 workers.  Of these,
all but 1,173 were initiated by workers.  According to the
Ministry of Labor, roughly two-thirds of the disputes were
settled through mediation or arbitration, 334 were taken to
court, and 244 resulted in strikes.
     b.  The Right to Organize and Bargain Collectively
The long-awaited National Labor Law, passed by the NPC's
Standing Committee on July 5, permits workers in all types of
enterprises in China to bargain collectively.  The law, which
will take effect January 1, 1995, supersedes a 1988 law that
allowed collective bargaining only by workers in private
enterprises.  Some high-profile experiments in collective
bargaining have been carried out at state enterprises, notably
the Shanghai Number Five Iron and Steel Plant.  In the past,
the ACFTU has limited its role to consulting with management
over wages and regulations affecting working conditions and
serving as a conduit for communicating workers' complaints to
management or municipal labor bureaus.  The ACFTU has shown
concern about protecting workers' living standards in areas
such as unemployment insurance and argued in 1993 that the
traditional definition of workers should be expanded to include
peasants laboring in China's township and village enterprises.
Before wage reform, workers' wages were set according to a
uniform national scale, based on seniority and skills.  Since
wage reform, a total wage bill for each collective and
state-owned enterprise is set by the Ministry of Labor
according to four criteria:  1) as a percentage of profits, 2)
as a contract amount with the local labor bureau, 3) for money
losing enterprises, according to a state-set amount, or 4) as
an enterprise-set amount subject to Labor Ministry review.
Individual enterprises determine how to divide the total among
workers, a decision usually made by the enterprise manager in
consultation with the enterprise party chief and the ACFTU
representative.  Worker congresses (see below) have mandated
authority to review plans for wage reform, though these bodies
serve primarily as rubberstamp organizations.  Wages are
generally equal for the same type of work within enterprises.
Incentives are provided for increased productivity.  Under the
new Labor Law, wages may be set according to conditions set out
in collective contracts negotiated between ACFTU representatives
and management.  In practice, only the small number of workers
with high technical skills can negotiate effectively on salary
and fringe benefit issues.
The old permanent employment system is increasingly giving way
to a more flexible contract-based system.  Most workers in
state-owned enterprises hired in the last 3 years have signed
individual contracts--a practice mandated by the new Labor
Law--and a number of large enterprises have converted all
workers to such contracts.  Approximately 40 percent of state
sector workers now work under contract, but the proportion of
contract workers varies widely according to regional economic
development.  In Shanghai, 1.5 million workers, or 97.5 percent
of all workers in state sector firms, have signed labor
contracts.  Contract arrangements are more common in township
and village enterprises and many types of joint ventures.  In
collective enterprises below the provincial level, contract
workers are a distinct minority.  China's new Labor Law
provides for workers and employers at all types of enterprises
to sign both collective and individual contracts.  The former
will be worked out between ACFTU or worker representatives and
management and will specify such matters as working conditions,
wage distribution, and hours of work.  Individual contracts
will then be drawn up in line with the terms of the collective
contract.
Worker congresses, held periodically in most Chinese
enterprises, theoretically have the authority to remove
incompetent managers and approve major decisions affecting the
enterprise, notably wage and bonus distribution systems.
However, worker congresses generally take place only once a
year and serve essentially to approve agreements worked out
among factory managers, party secretaries, and ACFTU
representatives.  In smaller enterprises it is not unusual to
find these three posts held by the same person.
A dispute settlement procedure has been in effect since 1987.
The procedure provides for mediation, two levels of arbitration
committees, and a final appeal to the courts.  Of the 12,358
cases brought for arbitration in 1993, 64 percent were resolved
at the first or second level.  Less than 3 percent reached the
courts.  Approximately 40 percent of the cases closed in 1993
were resolved in favor of the worker(s), 20 percent in favor of
management; the rest resulted in a compromise.  According to
Labor Ministry officials, most arbitration cases are filed by
contract workers or their employers, indicating, they assert,
that the new contract system provides a clearer set of ground
rules which both sides can attempt to enforce.
The 1982 Trade Union Law prohibits antiunion discrimination and
specifies that union representatives may not be transferred or
terminated by enterprise management during their term of
office.  Unionized foreign businesses generally report
pragmatic relations with ACFTU representatives.  At its
National Congress in October 1993, the ACFTU set the goal of
establishing unions in 50 percent of all foreign-funded
enterprises by the end of 1994.
Laws governing working conditions in China's special economic
zones (SEZ's) are not significantly different from those in the
rest of the country.  However, wages in the SEZ's, and in
southeastern China generally, are significantly higher than in
other parts of the country.
     c.  Prohibition of Forced or Compulsory Labor
In addition to prisons and reform through labor facilities,
which contain inmates sentenced through judicial procedures
(see Section 1.c.), China also maintains a network of
"reeducation through labor" camps, where inmates are sentenced
through nonjudicial procedures (see Section l.e.).  Inmates of
reeducation through labor facilities are generally required to
work.  Reports from international human rights organizations
and the foreign press indicate that at least some persons in
pretrial detention are also required to work.  Justice
officials have stated that in reeducation through labor
facilities there is a much heavier emphasis on education than
on labor.  Most reports conclude that work conditions in the
penal system's light manufacturing factories are similar to
those in ordinary factories, but conditions on farms and in
mines can be harsh.  As is the case in most Chinese workplaces,
safety is not a high priority.  There are no available figures
for casualties in prison industry.
Some penal facilities contract with regular industries for
prisoners to perform light manufacturing and assembly work.  In
1991 the Government published a reiteration of its regulations
barring the export of prison-made goods.  On August 7, 1992,
the U.S. and Chinese Governments signed a memorandum of
understanding (MOU) prohibiting trade in prison labor
products.  A statement of cooperation detailing specific
working procedures for implementation of the MOU was agreed to
and signed on March 14, 1994.
     d.  Minimum Age for Employment of Children
China's National Labor Law, effective January 1, 1995, forbids
employers to hire workers under 16 years of age and specifies
administrative review, fines, and revocation of business
licenses of those businesses that hire minors.  In the interim,
regulations promulgated in 1987 prohibiting the employment of
school-age minors who have not completed the compulsory 9 years
of education continued in force.  Enterprise inspection and
effective enforcement of labor regulations is expanding.
Officials insist that increased diligence in monitoring
temporary workers has successfully precluded widespread
employment of minors.  Labor officials also report that
employers were disciplined in 1994 for infringement of child
labor regulations, but such reports cannot be verified.  In
poorer isolated areas, child labor in agriculture is
widespread.  Most independent observers agree with Chinese
officials that, given its vast surplus of adult labor, urban
child labor is a relatively minor problem in formal sectors of
the economy.  Rising dropout rates at secondary schools in some
southern provinces and anecdotal reports suggest that children
may increasingly be entering unregulated sectors of China's
economy.  No specific Chinese industry is identifiable as a
significant violator of child labor regulations.
     e.  Acceptable Conditions of Work
The new Labor Law codifies many of the general principles of
China's labor reform, setting out provisions on employment,
labor contracts, working hours, wages, skill development and
training, social insurance, dispute resolution, legal
responsibility, supervision, and inspection.  In anticipation
of the Law's minimum wage requirements, many local governments
already enforce regulations on minimum wages.  Generally the
wage levels have been set higher than the local poverty relief
ceiling but lower than the current wage level of the average
worker.  Minimum wage figures do not include free or heavily
subsidized benefits which employers commonly provide in kind,
such as housing, medical care, and education.  Unemployment
insurance schemes now cover a majority of urban workers
(primarily state sector workers).  Benefits from these funds
are provided to laid off workers according to "local
conditions," but unemployment subsidies generally equal 120 to
150 percent of the local hardship relief standard.
Regularization of unemployment insurance coverage and
administration in 1994 has served to decrease the incidence of
nonpayment of severance allowances.  Workers are eligible to
receive unemployment relief funds for varying lengths of time,
up to 24 months, according to length of service.
In February the State Council reduced the national standard
workweek from 48 hours to 44 hours, excluding overtime, with a
mandatory 24-hour rest period.  A system of alternating weeks
of 6- and 5-day workweeks began in March, with a 6-month grace
period for implementation.  The same regulations specified that
cumulative monthly overtime could not exceed 48 hours.  The
Chinese press regularly reported cases of workers forced to
work regular 12-and 14-hour days of forced overtime at
foreign-invested enterprises, particularly in southeast China
and the SEZ's.
CHINA4
.TITLE:  CHINA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Occupational health and safety are constant themes of posters
and campaigns.  Every work unit must designate a health and
safety officer, and the International Labor Organization has
established a training program for these officials.  The U.S.
Department of Labor's Mine Safety and Health Administration is
participating actively in this program.  Moreover, while the
right to strike is not provided for in the 1982 Constitution,
the Trade Union Law explicitly recognizes the right of unions
to "suggest that staff and workers withdraw from sites of
danger" and to participate in accident investigations.  Labor
officials reported that such withdrawals did occur in some
instances during 1994.  Nonetheless, pressures for increased
output, lack of financial resources to maintain equipment, lack
of concern by management, and a traditionally poor
understanding of safety issues by workers have contributed to a
continuing high rate of accidents.  Statistics provided by the
ACFTU indicate that 11,600 workers were killed in industrial
accidents from January to August of 1993, up 13 percent over
the same period of 1992.  One credible report indicates there
are over 10,000 miners killed in accidents yearly.  Fatal
factory explosions, fires, and collapsing dormitories have been
covered by both the domestic and foreign press.  Officials
blame 60 percent of accidents on violation of safety
regulations, particularly in the rapidly expanding rural,
private, and foreign-invested enterprise sectors.  In
Guangdong, where 1,300 fires killed 329 people and injured 889
in 1993, the authorities announced in February new fines for
enterprises that neglect safety precautions.  Negligent units
will be fined 1 to 5 percent of the total losses they incur in
any fire, $3,450 (RMB 30,000) for every worker killed, and $345
to $575 (RMB 3,000 to 5,000) for each worker injured.  Many
factories using harmful products, such as asbestos, fail not
only to protect their workers against the ill effects of such
products, but also fail to inform them about the potential
hazards.
                        ----------------
TIBET
(This section of the report on China has been prepared pursuant
to Section 536 (b) of Public Law 103-236.  The United States
recognizes the Tibet Autonomous Region (hereinafter referred to
as "Tibet") to be part of the People's Republic of China.
Preservation and development of Tibet's unique religious,
cultural, and linguistic heritage and protection of its
people's fundamental human rights continue to be of concern.)
     Respect for the Integrity of the Person
Because the Chinese Government strictly controls access to and
information about Tibet, it is difficult to state precisely the
scope of human rights abuse there.  It is known, however, that
during 1994 Chinese government authorities continued to commit
widespread human rights abuses in Tibet, including instances of
torture, arbitrary arrest, and detention without public trial,
long detention of Tibetan nationalists for peacefully
expressing their political views, and rigid controls on freedom
of speech and the press, particularly for Tibetans.  There are
credible reports that authorities in some instances tortured
and killed detainees in Tibet.  Reports from international
human rights organizations indicate that a Tibetan nun died on
June 4 in a prison hospital, reportedly as a result of a
beating by guards.  In May Tibetan officials reported that a
former public security official in Tibet was sentenced to 9
years in prison for causing the death of a suspect while
torturing him to obtain a confession.  The United Nations
Working Group on Arbitrary Detentions has concluded that China
is arbitrarily detaining 32 Tibetans and has called for their
release.
The authorities permit most traditional religious practices
except those seen as a vehicle for political dissent, which
they ruthlessly suppress.  They continue to detain and
prosecute monks and nuns who have expressed dissenting
political views in public.  Legal safeguards for Tibetans
detained or imprisoned are inadequate in design and
implementation, and lack of independent outside access to
prisoners or prisons makes it difficult to assess the extent
and severity of abuses and the number of Tibetan prisoners.
According to human rights organizations, small-scale protests
were reported to have occurred in Lhasa, the capital, and
elsewhere during 1994, resulting in swift detention for
participants.  According to credible reports, in January, 11
nuns were sentenced to terms of 2 to 7 years' imprisonment for
taking part in a proindependence demonstration in 1993.
Another group of 14 nuns reportedly had their prison sentences
increased by up to 9 years for singing proindependence songs.
In May a demonstration by Tibetan shopkeepers protesting tax
increases took on political overtones, and several dozen
Tibetan monks and nuns were detained, apparently for raising
independence slogans.  Police responded without using excessive
force, reflecting better riot control training; no lives were
lost.  Tibetan political prisoners such as Ngawang Pulchung and
Jempel Tsering remained imprisoned in 1994, although Yulo Dawa
Tsering and three other Tibetans were released in November.
     Freedom of Religion
In Tibet, where Buddhism and Tibetan nationalism are closely
intertwined, relations between Buddhists and secular
authorities continued to be tense in 1994.  The Government does
not tolerate religious manifestations that advocate Tibetan
independence, and it has prohibited a large traditional
festival which has in the past been used to encourage
separatist sentiment.  The Government condemns the Dalai Lama's
political activities and his leadership of a "government in
exile," but it recognizes him as a major religious figure.
Government religious authorities in 1994 forbade party and
government officials from displaying the Dalai Lama's
photograph, including in their homes, and removed his
photographs from sale at bazaar shops.  His photos remain in
prominent positions in most temples in Tibet.  The autonomous
region government in Tibet also ordered Tibetan officials who
have children studying in India to bring them back to Tibet
immediately.
In 1994 the Chinese Government continued to take steps to
ameliorate damage caused in the 1960's and 1970's to Tibet's
historic religious buildings and other aspects of its cultural
and religious heritage.  The Government has expended
substantial sums to reconstruct the most important sacred sites
of Tibetan Buddhism.  A 5-year project to restore the Potala
Palace (the most important Tibetan Buddhist center) in Lhasa
was concluded in August 1994 at a cost of $6.4 million.  The
Government also provided funding in 1994 for the restoration of
two other major religious sites in Lhasa, the Jokhang and
Ganden monasteries.  Ganden had been completely destroyed
during the Cultural Revolution.  Public contributions also
helped to rebuild these and many smaller monasteries.  Although
the Government denied it, the practice of religion in Tibet
continued to be hampered by the limits the Government imposes
on the number of resident monks in several of Tibet's main
temples.  There are 34,000 Buddhist monks and nuns in Tibet,
according to official figures, a small number compared to
traditional norms.  Tibetan Buddhists claim that they are
restricted in the numbers and training of religious
practitioners, even though limits on resident monks are not
strictly observed in practice.  Monks at some Tibetan
monasteries known for their opposition to Han Chinese
domination may still face travel restrictions.
     Economic Development and Protection of Cultural Heritage
Like China's 54 other minority ethnic groups, Tibetans receive
preferential treatment in marriage policy, family planning,
university admission, and employment.  Chinese government
development policies have helped raise the living standards of
Tibetans, but also have disrupted traditional living patterns.
The Government has sought to preserve the Tibetan language, but
in doing so has encountered the dilemma of how to preserve the
language without limiting educational opportunities.  In Tibet
primary schools at the village level teach in Tibetan.  Many
pupils end their formal education after graduating from these
schools, which usually only have two or three grades.  Those
who go on to regional primary schools and beyond, particularly
after junior high school, receive much of their education in
Chinese, although some areas provide instruction in Tibetan
through junior high school.  Efforts to expand Tibetan language
instruction are hampered by lack of materials and competent
teachers at higher levels.
In July 1994, the Chinese Communist Party and the State Council
conducted a large-scale work conference on Tibet.  The third of
its kind since 1980, this work conference was attended by
delegations from the CCP and central government organizations,
as well as provincial representatives and delegates from
certain urban areas.  The conference focused on setting
economic development goals, pledging to increase economic
activity in Tibet by 10 percent a year.  The plan included a
total of $270 million in investment projects, continuing the
government policy of providing substantial budget subsidies to
develop Tibet's backward economy.  China's leaders also made
clear that Tibet would continue to receive central government
financial assistance and would retain "special flexibility" in
implementing reform policies mandated elsewhere in China.  In a
speech covered extensively in the Chinese press, President
Jiang Zemin reiterated Beijing's willingness to "welcome back"
the Dalai Lama to Tibet, so long as "he abandons advocacy of
Tibetan independence and ceases activities to split the
motherland."  Although the work conference approved plans to
boost economic development in Tibet, it produced no change in
the Chinese Government's policy toward Tibet.
The Dalai Lama continued in 1994 to express concern that
development projects and other central government policies
encourage a massive influx of Han Chinese into Tibet, which has
the effect of overwhelming Tibet's traditional culture and
diluting Tibetan demographic dominance in Tibet.  Freer
movement of people throughout China in recent years, and the
prospect of economic opportunity in Tibet, has led to a
substantial increase in the non-Tibetan population (including
China's Muslim Hui minority as well as Han Chinese) in Lhasa
and other urban areas.  Most of these migrants profess to be
temporary residents, but small businesses run by ethnic Han and
Hui peoples (mostly restaurants and retail shops) are becoming
more numerous in or near some Tibetan towns and cities.
Roughly one-third of the population of Lhasa is Han Chinese.
Chinese officials assert that 95 percent of Tibet's officially
registered population is Tibetan, with Han and other ethnic
groups making up the remainder.  Increased economic development
will likely mean the transfer to, or temporary duty in, Tibet
of a greater number of non-Tibetan technical personnel, and may
also increase the number of immigrants from China's large
floating population seeking to take advantage of new economic
opportunities.
Economic development, fueled by central government subsidies,
is changing traditional Tibetan ways of life.  While the
Chinese Government has made efforts in recent years to restore
the physical structures and other aspects of Tibetan Buddhism
and Tibetan culture damaged or destroyed during the Cultural
Revolution, repressive social and political controls continue
to limit the individual freedoms of Tibetans.
COLOMBIA1
qTITLE: COLUMBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            COLOMBIA
Colombia is a constitutional, multiparty democracy in which the
Liberal and Conservative parties have long dominated the
political scene.  Relatively peaceful national congressional
and presidential elections were held in June with the Liberal
Party candidate, Ernesto Samper, winning the Presidency by a
very slight margin in a runoff election against Conservative
Party contender Andres Pastrana.
Internal security is the primary responsibility of the Ministry
of Defense, which in addition to the armed forces, includes the
National Police.  The Department of Administrative Security,
which is responsible for national security intelligence,
reports directly to the President.  The police and the armed
forces remained responsible for widespread human rights abuse.
Colombia has a mixed private/public sector economy.  The
Government continued an economic liberalization program and the
privatization of selected public industries.  Crude petroleum
rivals coffee as the principal export and, after the August
discovery of immense natural gas reserves, petroleum and gas
exports will play an even greater role.  Narcotics traffickers
continued to control extensive illicit and licit enterprises.
For 35 of the past 43 years, the Government has operated under
declared states of emergency which enable the executive to rule
by "temporary" decree to deal with civil unrest associated with
the high degree of internal violence.  These decrees frequently
set aside fundamental judicial guarantees of due process and
sometimes have been incorporated into permanent law by
subsequent legislative action.  Several violent guerrilla
organizations continued to operate, despite regular attempts to
negotiate settlements.  Military cooperation with narcotics and
landowner paramilitary groups in remote regions of the country
continued.  The Government continued to allow the military to
assert jurisdiction over, and in almost all cases to fail to
prosecute, abuses by military personnel.  This rampant impunity
from justice underlies Colombia's human rights problems; 97
percent of all crimes go unpunished.
The overall human rights situation in Colombia remained
critical, with a variety of violent actors--including the
police and security forces--continuing to commit abuses such as
political and extrajudicial killings, disappearances, torture,
and other physical mistreatment.  In addition to official
forces, other perpetrators of human rights abuses include
antigovernment guerrilla groups, narcotics traffickers, and
paramilitary groups.  While violence by narcotics traffickers
was drastically reduced from previous years, internecine
violence among the trafficking organizations still accounted
for substantial numbers of homicides, kidnapings, cases of
torture, and attacks against the military and the police.
Guerrillas and narcotics traffickers continued to work
cooperatively, especially in rural regions of the country.  The
victims of these abuses most commonly included politicians,
labor organizers, human rights monitors,and--overwhelmingly--
peasant farmers.  Violence directed against women and children
also remained commonplace.  Vigilante groups, often supported
or condoned by the police and military, engaged in "social
cleansing"--the killing of street children, prostitutes,
homosexuals, and others deemed socially undesirable.
The human rights situation dominated much of the new
administration's agenda during its first few months in office.
President Samper created a ministerial-level Human Rights
Commission in August, and his Government revived a military
justice reform commission intended to address the question of
impunity for police and military violators.  The Government
reopened investigations into several important human rights
cases and brought charges against policemen in another case.
At year's end, however, despite positive actions by the new
Minister of Defense, the Government had yet to establish
effective judicial control over military abusers of human
rights and thereby begin to end the long reign of impunity.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The total number of murders in Colombia appeared to decline
slightly during the first quarter of 1994; however, it remained
cause for grave concern.  According to a report by the
Government's Department of Planning, between 1987 and 1992
there were 77 homicides per 100,000 inhabitants, by far the
highest murder rate in the world.  Due to insufficient police
and judicial resources to investigate and prosecute most
killings and the frequently overlapping violent forces at work
in the country, it is often difficult to separate political
from nonpolitical murders.  According to the Bogota-based
nongovernmental organization (NGO) "Justice and Peace", there
were 1,268 political and presumably politically motivated
murders between January and September.  The Andean Commission
of Jurists (CAJSC) estimated that in approximately 77 percent
of all reported violent deaths from March 1993 to March 1994,
no perpetrator could be established.  Ten candidates for
political office were assassinated before the October 30 local
elections.
The police and military forces continued to be implicated in
cases of extrajudicial killings in 1994.  Members of the army's
Tarqui battalion in Sogamoso attacked a civilian home with a
grenade in an attempt to kill local community organizer Paulino
Velandia.  Velandia survived the attack, which killed two
others and injured two children.  The Procuraduria investigated
the incident, and a separate military criminal investigation
was also under way.  No motive was given for the attack.  The
authorities brought one officer in question before a court-
martial, but it had made no ruling by the end of the year.
In January members of the General Gabriel Reveiz Pizarro
battalion based in Arauca department killed nine peasants from
the town of Puerto Lleras claiming that the attack occurred in
the context of a counterinsurgency sweep.  The Procuraduria
filed charges against nine officers and soldiers based on its
investigation that determined that the army sealed off the
town, illegally detained approximately 500 townspeople, read
off the nine names from a list, and summarily executed them as
suspected guerrilla collaborators.
According to the Procuraduria's annual human rights report that
covered the 1-year period preceding April 1994, the National
Police had the worst human rights record among state security
agencies.  The Procuraduria linked 80 percent of its
disciplinary decisions that involved violations of human rights
to police actions.  In June two off-duty Bogota policemen
stopped a bus on which they were traveling in order to
intervene in a street scuffle.  They fired indiscriminately
into the crowd, killing one person and forcing a 9-year-old
street vendor to board the bus with them.  One of the agents
then shot the child and threw the body out the window.  Taxi
drivers initially apprehended the agents; police and
Procuraduria investigators later determined that they were
inebriated at the time of the crime.  In December a court
sentenced one of the police officers involved in the killing to
60 years, or two maximum sentences.
Human rights monitors also implicated the police in incidents
of social cleansing, involving attacks and killings of
individuals deemed socially undesirable such as drug addicts,
prostitutes, transvestites, beggars, and street children.  The
Center for Investigations and Popular Research (CINEP) reported
that between January and October there were 291 homicides, 57
injuries, and 22 threats that it considered social cleansing.
This activity was particularly notable in Cali, where there
were persistent reports of murders of indigent youths on or
around construction sites.  According to the local human rights
ombudsman, 20 such murders occurred in Cali in just the first 2
months of the year.  In July a group of masked armed men gunned
down six individuals in a northern Medellin neighborhood
frequented by drug vendors and prostitutes.  The killers
arrived in a taxi, lined the victims up against a wall and
executed them gangland-style.  In this and other cases, human
rights groups persistently alleged implicit police cooperation
with the "clean-up squads."  The Government opened an
investigation, but it produced no leads by the end of the year.
Paramilitary groups also perpetrated scores of extrajudicial
killings in 1994, often with the alleged complicity of military
units or individuals.  Indigenous community and labor leaders
frequently were the victims of this violence.  In March unknown
gunmen murdered four Zenu Indian leaders in San Andres de
Sotavento in Cordoba department.  A new paramilitary group
"Colombia Without Guerrillas" (Colsingue) claimed
responsibility for the August assassination of Communist Party
Senator Manuel Vargas Cepeda and openly threatened other
members of the Patriotic Union (UP) Communist Party.  Although
most paramilitary killings go unresolved, in January police
arrested William Infante, the paramilitary assassin of UP
leader Jaime Pardo Leal in 1986.  Both the Gaviria and Samper
administrations regularly condemned extrajudicial killings, but
rarely punished police or military personnel implicated in such
cases.
Soldiers and police continued to be the victims of violence
perpetrated by drug traffickers, guerrillas, and common
criminals on a daily basis.  For example, Revolutionary Armed
Forces of Colombia (FARC) guerrillas murdered army 4th Division
commander General Gil Colorado near Villavicencio in July.
Guerrillas also killed noncombatants on a regular basis and
assassinated several prominent politicians.  FARC operatives
executed the highly popular mayor of Fusagasuga after
guerrillas accidentally trapped him during an attack on a
highway toll station.  Operatives of the Army of National
Liberation (ELN) unsuccessfully attempted to kill the Treasury
Minister with a car bomb in Bogota in January.  There were
strong indications that urban operatives of the ELN
assassinated Senatorial candidate Francisco Alejandro Gonzalo
Jaramillo in Medellin in January and Antioquia Congressman
Arlem Uribe in September.
     b.  Disappearance
Colombia continued to suffer from extremely high overall rates
of disappearance and kidnaping.  According to a joint report by
the Government and a human rights group, there were a total of
1,378 reported kidnapings in 1994, an increase of 35 percent
over the previous year.  Given the complexity of the internal
disorder and the variety of perpetrators, both among the state
security forces and illegal groups involved in this conflict,
the disappearances for political motives and kidnaping for
profit is often unclear; guerrillas were responsible for
approximately half the cases.  There were rarely arrests or
prosecutions in any of the cases.
In October the Senate passed a bill which, while narrower than
the administration had wanted, codified the act of forced
disappearance as a crime.  However, in doing so, it stripped
from the bill a proposal to transfer jurisdiction in such cases
from military to civilian courts.  The Senate also deleted a
section which stipulated that such an act could never be
considered in the line of duty for police and military service
members.  In June President Gaviria had vetoed an earlier bill
which contained the additional provisions.  Many observers
perceived his veto as an administration concession to the
military high command, who claimed that such legislation would
provoke a rash of false accusations by the guerrillas against
military officials.  The Samper administration reiterated
objections to the proposed bill but attempted to address the
issue by proposing language that clearly stipulated that
service members were not obliged to obey illegal or immoral
orders, such as an order to make someone "disappear."  However,
this section was also deleted from the final bill.  At year's
end, the lower House had not passed the bill.
A CAJSC report highlighted the impunity that surrounds forced
disappearances in Colombia when it attributed at least 2,000
cases of forced disappearance in the last 15 years to state
security forces, yet recorded only 1 case of a military criminal
sanction for such activity.  The Office of the Defender of the
People received 110 reports of forced disappearances between
January and June.  In 234 such incidents for all of 1993, the
Procuraduria reported that the authorities brought only 2 sets
of charges.
In Cali disappearances perpetrated by state security members
and organized criminals reached epidemic proportions, according
to the local prosecutor's office, with an average of one
disappearance per day.  Many of these were women and children,
who according to the same source, often end up being forced to
work as prostitutes.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture, but incidents of police and military
beatings and torture of detainees continued to be reported
throughout the year.  These abuses often occurred in connection
with illegal detentions in the context of counterinsurgency or
counternarcotics operations.  Paramilitary groups that operated
in rural areas of the country were also responsible for
instances of torture and sometimes took credit for their
macabre work with menacing notes left on the bodies of their
victims.  In many cases, however, it was difficult to establish
the perpetrators of torture since cadavers found bearing the
traces of physical torture were rarely subject to extensive
forensic investigations.
Justice and Peace reported an incident that occurred in June in
Barrancabermeja in which members of the Nueva Granada Battalion
detained the son of a local labor leader in an effort to exact
information about local guerrilla activity.  They tied the
person naked to a stake on an anthill, threatened him with rape
and then almost suffocated him with a plastic bag.  Military
officials originally denied holding the individual when family
members questioned them but later admitted to local human
rights officials that they had detained him.  Police also
allegedly tortured the same victim in January by electric
shocks and beatings during an interrogation.
Overcrowding and dangerous sanitary and health conditions in
the prisons remained a serious problem.  In May the Bureau of
Prisons, the Office of the Defender of the People, and the
Procuraduria established a pilot project in Bogota's La Picota
prison, convoking a prisoners' human rights committee to work
with prison and government authorities to address perceived
violations of basic human rights.
The International Committee of the Red Cross (ICRC) reported
that it continued to have access to most prisons and police and
military detention centers.  However, it noted that local or
regional commanders did not always prepare mandatory detention
registers and follow notification procedures, resulting in a
poor accounting of actual detainees.
     d.  Arbitrary Arrest, Detention or Exile
The Constitution includes several mechanisms designed to
prevent illegal detention.  The authorities must bring a
detainee before a judge within 36 hours and the person has the
right to seek, before any judge, a petition of habeas corpus
that must be acted upon within 36 hours.  Despite these legal
protections, instances of arbitrary detention continued, and a
large percentage of the prison population remained in an
undetermined pretrial status.  The Procuraduria singled out the
police and others conducting the late-1993 search for narcotics
kingpin Pablo Escobar as having engaged in more arbitrary
detentions than previously believed and stated that the police
violated constitutional and procedural norms during this
operation.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The Constitution specifically provides for the right to due
process.  The accused has the right to representation by
counsel, but historically representation for the indigenous and
the indigent has been inadequate.  The Government continues to
battle staffing and funding inadequacies to develop a credible
public defender system.
The judiciary remained overburdened and often in a state of
chaos during 1994.  The system is largely independent of the
executive and legislative branches, both in theory and
practice.  It continued to experience growing pains as the
various courts, prosecutorial entities, and ministries
attempted to define their roles and streamline their operations
in the wake of the judicial reorganization brought about under
the 1991 Constitution.  The judiciary has long been subject to
threats and intimidation when dealing with narcotics and
paramilitary cases.  With the decline in drug terrorism, there
was a corresponding drop in the incidence of attacks on members
of the judiciary, but this violence did not disappear
altogether.  In June unknown gunmen assassinated Luis Guillermo
Lopez, head of the Medellin prosecutor's office.  Several
months earlier, gunmen also murdered the director of that
office's technical investigative unit, Luis Fernando Correa.
The police suspect narcotics trafficking organizations are
involved in both incidents, which continued under investigation
at year's end.
The 1991 Constitution formalized the "regional" or "public
order" jurisdictions, in which anonymous judges and prosecutors
handle narcotics and terrorism cases.  Human rights groups
continued to charge that the system infringed on basic
procedural legal rights.
As in past years, the regional jurisdiction system continued to
be overwhelmed with staggering caseloads that it was unable to
process expeditiously.  In May President Gaviria invoked a
state of internal emergency in order to proscribe portions of
the Criminal Procedures Code that would have mandated the
release of many of the public order detainees whose cases had
not been processed.  The Constitutional Court, however, found
the President's action unconstitutional and struck down the
state of emergency, facilitating the release of many of these
suspects 1 month later.
While a late 1993 reform of the Criminal Procedures Code
addressed the lack of certain procedural rights within the
system, problems remained.  It is still extremely difficult for
defense attorneys to impeach or cross-examine anonymous
witnesses, and often they do not have unimpeded access to the
State's evidence.  Human rights groups also took exception with
the Government's surrender policy for major narcotics
traffickers which involved high-level voluntary surrender and
sentence negotiations.  These critics charged that "small-time"
defendants were, in effect, railroaded under the system while
powerful criminals were treated deferentially.  Critics also
charged that the vast majority of cases sent to the regional
jurisdiction involved low-level criminals suspected of
subversive activity, and that the system did not effectively
deter the major guerrilla leaders.  At year's end the Attorney
General began a review of plea-bargain agreements to ensure
that confessed criminals had actually committed the crimes and
that sentence reductions were related to genuine cooperation.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law generally requires a judicial order for authorities to
enter a private home, except in cases of hot pursuit.  In
remote regions of the country, the military forces have
civilian prosecutorial units delegated to them.  Human rights
groups charged that these delegate units were unconstitutional,
and Congress refused to grant them permanent status.
Nonetheless, there were credible reports that they continued to
function, often facilitating army searches with little regard
for judicious issuance of search warrants.  In one example, the
Nueva Granada battalion carried out over 60 searches and
detentions in the rural areas surrounding Barrancabermeja
between January and March.  Many of the detainees reported that
soldiers mistreated and unjustly interrogated them.
A judge must authorize telephone wiretaps and the interception
of mail.  This protection extends to prisoners incarcerated in
the penal system.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The internal subversive conflict received a good deal of
governmental attention in 1994.  Both the Gaviria and Samper
administrations urged the Congress to ratify Protocol II of the
Geneva Convention.  Although a Senate committee initially
expressed reservations as to its internal application, Congress
ratified it without reservations and President Samper signed it
into law on December 16.
The military forces, paramilitary groups, and particularly
guerrilla organizations committed violations of international
humanitarian law in Colombia's internal subversive conflict.
In April members of the army's 2nd Mobile Brigade conducted a
counterinsurgency operation near Barrancabermeja during which
they allegedly took a local youth, Benjamin Santos, from his
home in the Mesa de San Rafael.  Local witnesses later reported
seeing him dressed in an army uniform being marched with a
patrol in the area.  Shortly thereafter his body, showing signs
of extreme torture, was found in a local cemetery.  Military
sources claimed he was an unidentified guerrilla slain in
combat.  Santos' family members reported the incident to the
local human rights ombudsman (personero) and claimed Santos had
no guerrilla ties.  It is not known if the Government is
investigating this incident.
Paramilitary groups, often with the alleged complicity of
military units or individuals, usually carried out their
violent acts with impunity.  In September a military court
issued a detention order for former army Lieutenant Colonel
Luis Becerra, who is widely believed to have cooperated with
paramilitary forces by covering up the October 1993 Rio Frio
massacre.  In September President Samper reiterated the
Government's strong opposition to paramilitary groups and rural
self-defense forces and promised to investigate carefully all
allegations of cooperation with these groups by members and
units of the state security forces.  Little, however, has been
accomplished in ending the climate of impunity.
The loosely organized groups of the Simon Bolivar Coordinating
Board, which include the Revolutionary Armed Forces of Colombia
and the Army of National Liberation, committed a host of
violations of humanitarian law during 1994.  The most repugnant
of these abuses was a January attack on the town of La Chinita
in Uraba that left 35 agricultural workers dead.  An exhaustive
NGO investigation concluded that the FARC's fifth front
perpetrated the attack in a move to intimidate the Communist
Party stronghold for political purposes.  FARC and ELN
guerrilla regulars ambushed a police convoy in Purace on
November 2, killing 11 police agents and 2 students.  A series
of bombs exploded on city buses in Cartagena on December 21,
killing 10 civilians.  The Government arrested three suspects
linked to the urban ELN.
Guerrillas frequently committed atrocities against indigenous
communities.  Guerrillas murdered four members of the Arzaria
community in September, following a "trial" in which the four
were accused of having participated in the February killing of
two other tribe members allegedly working with the guerrilla
groups.  Guerrillas also violated norms of international
humanitarian law during attacks on military installations.
Eyewitness survivors reported that in attacks on a petroleum
station and military installations in Putamayo in July, FARC
guerrillas summarily executed defenseless wounded soldiers.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The authorities generally respected these constitutionally
protected rights, but in at least one instance there was
implied intimidation of the media (see below).  Print and
broadcast media regularly criticized the Government without
recrimination.  The privately owned print media published a
wide spectrum of political viewpoints, especially throughout
the presidential campaign.  They often voiced harsh
antigovernment opinions without administration reprisals.  The
Government imposes some restrictions on electronic media
coverage of public order and drug terrorist activity and has
the right to prohibit coverage of certain news events that
could affect state security.  In July some observers charged
that the Minister of Communications' public reminder to the
media of this constitutional provision during the
"narco-cassette" scandal, in which President-elect Samper's
campaign financing was allegedly linked to Cali drug barons,
constituted a veiled threat of government censorship.  In
September and November, Constitutional Court decisions struck
down some of the provisions on government prescreening of
electronic media coverage of public order and narcotics
terrorist events.
All citizens have the right to seek a judicial injunction or
motion (tutela) for immediate redress of violations of basic
constitutional rights.  This theoretically provides all persons
and organizations, including the media, a mechanism to denounce
both private and government violations of basic constitutional
rights.
Several incidents of violence directed against journalists
occurred during 1994.  An unidentified gunman murdered Cucuta
radio and print journalist Jesus Medina in January.  Unknown
persons killed Medellin radio journalist and national vice
president of a broadcasters' union, Martin Eduardo Munera, in
September.  Colleagues of Munera also reported receiving death
threats.  The International Press Society reported that
Munera's death was the sixth slaying of a Colombian journalist
since August 1993.   While very few of these cases are ever
definitively resolved, it is apparent that journalists are most
often the victims of guerrilla groups, paramilitary
organizations, and narcotics traffickers.  In one case,
however, the Procuraduria charged an ex-soldier with the 1991
slaying of "El Tiempo" journalist Henry Rojas.  It also charged
Colonel Diogenes Castellanos Guerrero, a former commander of an
army unit based in Arauca, with covering up the incident.
The Government generally respected academic freedom, and there
exists a wide spectrum of political activity throughout the
country's universities.  Teachers at the elementary and
secondary levels in guerrilla-controlled territory are often
subject to threats and intimidation from local subversive
operatives and are unable to resist guerrilla propaganda
campaigns.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association, and the Government respects these rights in
practice.  The authorities do not normally interfere with
public meetings and demonstrations and usually grant the
required permission except when they determine that there is
imminent danger to public order.  Any organization is free to
associate with international groups in its field.
     c.  Freedom of Religion
The Constitution provides for complete religious freedom and
there is little religious discrimination in practice.  Catholic
religious training is no longer mandatory in public state
schools, and a July Constitutional Court decision found
unconstitutional any official government reference to Colombia
as "the country of the sacred heart."  The Government permits
proselytizing among the indigenous population, provided the
Indians welcome it and are not induced to adopt changes that
endanger their survival on traditional lands.  Indian tribes
must still invite outsiders onto their reserves, and these
groups remain at the disposition of the indigenous community.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides citizens the right to travel
domestically and abroad.  In areas where military operations
against guerrillas are under way, police or military officials
occasionally required civilians to obtain safe-conduct passes;
guerrillas reportedly used similar means to restrict travel in
areas under their control.
COLOMBIA2
(`(`TITLE: COLUMBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Guerrilla incursion, military counterinsurgency operations,
guerrilla and paramilitary conscription, and land seizures by
narcotics traffickers often forced peasants to flee their homes
and farms.  In October the Episcopal Bishop's Conference
published a comprehensive study on the phenomenon of internal
forced displacement and put the total number of such persons at
600,000.  The report said that the single greatest cause of
displacement is guerrilla incursion into the rural civilian
population.  Members of the army's V Brigade threatened and
harassed the Peasant Farmer's Refuge, a local refugee center in
Barrancabermeja, in March.  The incident highlighted the
dilemma faced by displaced persons in Colombia; they cannot
stay in conflict zones for legitimate fears for their safety,
yet they are not wanted and perceived as an economic drain in
the regional and major cities that are their most common
destinations.
The law provides for unrestricted emigration and repatriation
by expatriates.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Colombian citizens exercise this right in regular, secret
ballot elections that have historically been considered fair
and open.  Presidential elections are held every 4 years.  The
Liberal and Conservative parties have long dominated Colombian
politics, with one or the other customarily winning the
presidency.  The President serves only one term and may not be
reelected.  All citizens are enfranchised at age 18.  Public
employees are not permitted to participate in campaigns but,
with the exception of the military, may vote.  All parties
operate freely without government interference.  Political
parties which fail to garner 50,000 votes in a general election
may lose the right to present candidates and may not receive
funds from the Government.  But they may reincorporate at any
time by presenting 50,000 signatures to the National Electoral
Board.
Colombia held national presidential and congressional
elections, as well as gubernatorial and mayoral elections, in
1994.  Liberal Party presidential candidate Ernesto Samper
narrowly defeated Conservative Party hopeful Andres Pastrana by
just 1.73 percentage points in a June runoff election.  For the
first time, Colombians also elected a vice president, Humberto
de la Calle, who ran on Samper's ticket.  Liberal Party
representatives also dominated the congressional elections in
both the upper and lower houses.  However, bipartisan
coalitions were still often necessary for the Liberals to enact
legislation.
In 1990 the M-19 guerrilla movement signed a peace accord with
the Government and became a legal political party, Democratic
Alliance M-19 (AD/M-19).  In 1994 the AD/M-19 fielded a
presidential candidate and several congressional candidates,
all of whom were defeated.
The elections were relatively peaceful, but numerous incidents
of violence occurred.  Unknown assailants assassinated Senator
Manuel Vargas Cepeda, the only national UP representative, in
Bogota in August.  At least 10 candidates were assassinated and
10 others kidnaped preceding the October 30 local elections.
President Samper postponed elections in 10 municipalities due
to guerrilla violence during the campaigns.  Elections
proceeded normally in most districts, and the postponed
elections were held successfully in December.
There are no legal restrictions, and few de facto ones, on the
participation of women or minorities in the political process.
There are 7 female senators and 18 female representatives
serving in Congress, including 1 black Congresswoman.  The
Ministers of Labor and the Environment are both women, as is
the President's international affairs adviser and his adviser
for social policy.  Two seats in the 102-seat Congress are
reserved for representatives of the indigenous population.
Both the black and indigenous populations continued to expand
their social and political agendas and an indigenous politician,
Jesus Pinacue, ran as vice presidential candidate on the
unsuccessful ticket of former M-19 guerrilla leader Antonio
Navarro-Wolf.  Piedad Cordoba de Castro, a black female, is a
senior member of the Liberal Party national committee and
served as a member of the Government's delegation to the Cairo
International Conference on Population and Development.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Center for Investigations and Popular Research, the Andean
Commission of Jurists, the Intercongregational Commission for
Justice and Peace, the Permanent Committee for the Defense of
Human Rights, the Episcopal Bishops Conference, the "Jose
Alvear Restrepo" lawyers collective, and others are among the
many human rights groups active in Colombia.
NGO's investigated and reported on a number of human rights
abuses, including the army's extrajudicial assassination of two
Socialist Renewal Current spokesmen in 1993, the army's coverup
of the Rio Frio massacre, and the FARC's January massacre of 35
townspeople in La Chinita.  Often these reports criticized,
justifiably, the Government's failure to investigate and punish
those responsible.
The Government generally did not interfere with the work of
human rights NGO's, which were often the targets of threats and
intimidation by the guerrillas, paramilitary groups, or
individual members of the police and military forces.  Many
prominent human rights monitors, including lawyers Eduardo
Umana, Carlos Alberto Ruiz, Raul Barrios Mendivil, and
children's rights activist Jaime Jaramillo, work under constant
fear for their physical safety.  Unknown assailants assassinated
human rights lawyer Laura Simmonds in Popayan in May.
The Procuraduria investigates some allegations of human rights
abuses by members of the state security apparatus, drawing upon
a network of government representatives who serve as human
rights ombudsmen in 1,041 municipalities.  However, the
Procuraduria can only recommend administrative sanctions; as
noted in this report, police and military personnel are rarely
punished commensurately for human rights abuses.  The Office of
the Defender of the People has the constitutionally assigned
duty to ensure the promotion and exercise of human rights, but
is severely underfunded.  The President has a Special Adviser
for human rights issues, who investigates allegations of abuse
and disseminates human rights education and information.
Since President Samper's August inauguration, he and the
Government publicly admitted that the human rights situation
reflected a "shameful and troubling reality."  President Samper
requested that Amnesty International establish a permanent
observer office in country and invited the United Nations High
Commissioner for Human Rights to visit Colombia.  He also
pledged to work closely with representatives of the ICRC and
the Colombian Red Cross, and declared an "open door" policy
with respect to international and local human rights NGO
cooperation.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifically prohibits discrimination based on
race, sex, religion, disability, language, or social status.
     Women
The Constitution provides that women may not be subjected to
any form of discrimination and specifically requires the
authorities to "guarantee adequate and effective participation
by women at the decisionmaking levels of public administration."
Even prior to implementation of the 1991 Constitution, the law
had provided women extensive civil rights.  Despite these
constitutional provisions, however, discrimination and violence
against women persist.  The quasi-governmental Institute for
Family Welfare (ICBF) and the presidential adviser's Office for
Youth, Women, and Family Affairs published a report that
criticized high and pervasive levels of spouse and partner
abuse throughout the country.  The ICBF runs programs and
provides refuges and counseling for victims of spouse abuse,
but the level and amount of these services are dwarfed by the
magnitude of the problem.  According to the National Forensic
Office, a total of 440 females reported they had been raped in
the first 2 months of the year alone.  In a much publicized
decision in May, the Supreme Court mandated that a husband
abstain from physical aggression against his wife and children
and ordered the local police to enforce its dictum by
monitoring the individual.
Women earn, on average, 30 to 35 percent less than men for
similar work despite being legally entitled to equal
remuneration.  They constitute a high percentage of the
subsistence labor work force, especially in rural areas.
Women's groups such as Promujer and the Association of
Twenty-first Century Women reported that the social and
economic problems of marginalized single mothers remained great
throughout the year, despite government efforts to provide
training programs in parenting skills, reproductive rights, and
birth control.
     Children
Despite significant constitutional and legislative commitments
to the protection of the rights of children, these are only
marginally effective in practice.  The Constitution provides
for the fundamental rights of children and mandates that the
family, society, and the State are obligated to assist and
protect children, to foster their development, and to assure
the full exercise of these rights.  A special Children's Code
sets forth many of these rights and establishes services and
programs designed to enforce protection of minors.
The reality is that children's rights are frequently abused.
Vigilante gangs often linked to the police killed hundreds of
street children in several major cities in the social cleansing
killings described earlier.  Merchants and citizens' groups
allegedly hire off-duty police agents and contract killers to
rid neighborhoods of children suspected to be beggars and
thieves; the Office of the Defender of the People reported
clear complicity by police officers in some of these killings.
In conflict zones, children were also frequent victims of cross
fire by the security forces, paramilitary groups, and guerrilla
organizations.  Deadly land mines known as "leg breakers" laid
by guerrillas killed or mutilated many children in conflict
areas.
Both forced and uncoerced child prostitution is commonplace in
the five major cities of Colombia.  The Procuraduria for the
Family reported in September that in the preceding 15 months,
2,190 minors were killed violently, 3,125 were kidnaped, and
452 were reported to have been sexually assaulted.  In all of
these cases, the authorities detained only 45 perpetrators.  In
March the Government sentenced a former police agent to 41
years in prison for having shot a minor girl for refusing to
dance with him at a party.
     Indigenous People
There are approximately 82 distinct ethnic groups among the
800,000 indigenous inhabitants.  The Constitution gives special
recognition to the fundamental rights of indigenous people.
Under its provisions, two senatorial seats are reserved
exclusively for indigenous representation and a special
criminal and civil jurisdiction, based upon traditional
community laws, functions within Indian territories.  The
Ministry of Government, through the Office of Indigenous
Affairs, is responsible for protecting the territorial,
cultural, and self-determination rights of Indians.  Ministry
representatives are located in all regions of the country with
indigenous populations and work with other governmental human
and civil rights organizations to promote Indian interests and
investigate violations of indigenous rights.
There are some 334 designated Indian reserves that are run by
traditional Indian authority boards which handle national or
local funds and are subject to fiscal control by the national
Comptroller General.  These boards administer their territories
as municipal entities, with officials locally chosen or elected
according to Indian tradition.  Indigenous communities are free
to educate their children in traditional dialects and in the
observance of cultural and religious customs.  The
Constitutional Court reaffirmed in March that indigenous men
are not subject to the national military draft.
Despite protective efforts by the Government, Indians were
frequently the victims of violence throughout the year, by
government security forces, paramilitary groups (often
sponsored by landowners), narcotics traffickers, and guerrillas
(see Sections 1.a. and 1.g.).  In zones where the guerrillas
are active, such as the Sierra Nevada and Valle de Cauca, the
security forces often suspected the indigenous population of
complicity with narcotics traffickers and guerrillas.  Most of
the incidents in which Indians were attacked or threatened
stemmed from land ownership conflicts concerning the designated
Indian reserves.  The National Land Reform Institute estimated
that some 40 indigenous communities had lost the legal title to
land they claimed as their own and that roughly 100 other
groups had title claims that were not recognized or reconciled.
The Zenu tribe in particular saw at least seven of its
community leaders assassinated during the first several months
of the year.  Unknown gunmen also killed well-known Indian
rights activist Laureano Inampue.  In response the Government
provided bodyguards to many Zenu and other indigenous leaders.
In September there was a rash of attacks against indigenous
communities in the Sierra Nevada de Santa Marta region.  FARC
operatives executed four Indians from that community as
suspected collaborators with the army.  Most of the attacks
were unsolved by year's end, and the regional land conflicts
that spawned them remained largely unresolved.
     National/Racial/Ethnic Minorities
Two million black citizens live primarily in the Pacific
department of Choco and along the Caribbean coast.  They
represent roughly 4 percent of the general population.  Blacks
are entitled to all constitutional rights and protections but
have traditionally suffered from economic discrimination.
Despite the passage of the Afro-Colombian Law in 1993, little
concrete progress was made in expanding public services and
private investment in the Choco or other predominantly black
regions.
     People with Disabilities
The Constitution enumerates the fundamental social, economic,
and cultural rights of the physically disabled, but serious
practical impediments exist to prevent disabled persons' full
participation in society.  There is no legislation that
specifically mandates access for people with disabilities.  The
Constitutional Court ruled in September that physically
disabled individuals must be given access to and assistance at
the voting stations.  In August the Constitutional Court ruled
that the Social Security Fund for Public Employees (Cajanal)
cannot refuse to provide services for the disabled children of
its members, regardless of the cost involved.
Section 6  Worker Rights
     a.  The Right of Association
The law recognizes the rights of workers to organize unions and
strike.  The Labor Code provides for automatic recognition of
unions that obtain at least 25 signatures from the workplace
and comply with a simple registration process at the Labor
Ministry.  The law penalizes interference with freedom of
association.  It also stipulates union freedom to determine
internal rules, elect officials, and manage activities, and
forbids the dissolution of trade unions by administrative fiat.
According to Labor Ministry estimates, only about 8 percent of
the work force is organized.  Unions freely establish
international affiliations without government restrictions.
The 1991 Constitution provides for the right to strike by
nonessential public employees and authorizes Congress to pass
enabling legislation that would define "essential", which it
has not yet done.  In the absence of this definition, existing
legislation which prohibits public employees from striking is
still in force.  Before staging a legal strike, unions must
negotiate directly with management and--if no agreement results
--accept mediation.  By law, public employees must accept
binding arbitration if mediation fails; in practice, public
service unions decide by membership vote whether or not to seek
arbitration.
In 1993 the International Labor Organization (ILO) criticized
10 provisions of Colombian law, including:  the supervision of
the internal management and meetings of unions by government
officials; the presence of officials at assemblies convened to
vote on a strike call; the suspension of union officers who
dissolve their unions; the requirement that contenders for
trade union office must belong to the occupation in question;
the prohibition of strikes in a wide range of public services
which are not necessarily essential; various restrictions on
the right to strike and the power of the Minister of Labor and
the President to intervene in disputes through compulsory
arbitration; and the power to dismiss trade union officers
involved in an unlawful strike.
The most important strike in the private sector in 1994 was the
66-day work stoppage by the 4,000 employees of Acerias Paz del
Rio, a steel plant in the department of Boyaca.  Collective
bargaining on salaries and benefits broke down when the union
refused to affiliate with the new private pension system.  In
addition, the Government's ongoing privatization plans provoked
significant labor protests in several public enterprises.
Petroleum workers opposed the Government's plan to divide the
state petroleum company Ecopetrol into four smaller companies,
a move they fear is a prelude to privatization.  The
authorities arrested and threatened union leaders during the
longstanding Ecopetrol conflict, and the rank and file
authorized the union leadership to call a national strike.
Labor leaders throughout the country continue to be the target
of attacks by guerrillas, paramilitary groups, narcotics
traffickers, the military, police, and their own union rivals.
They also suffer from the high level of violence and the
pervasive use of firearms that negatively affect the lives of
all Colombians.  In the department of Antioquia alone, unknown
perpetrators murdered at least eight labor leaders.  In a
single month (July), they killed Luis Guillermo Marin
Echavarria, education secretary of the Antioquia Labor
Federation; Luis Efren Correa, vice president of the Textile
Workers Union; and Jairo Leon Agudelo, president of the
Antioquia Agricultural Workers Union.  In the banana-producing
region of Uraba, organized workers historically belonged to the
extreme left wing of the Colombian labor movement but refused
to cooperate with the FARC.  As a result, guerrillas killed
labor leaders and union members, including the January massacre
of a whole neighborhood--La Chinita--in Apartado, Antioquia.
The list of killings, intimidations, and arbitrary arrests of
labor union leaders includes the abduction of Domingo Rafael
Tovar Arrieta, a member of the board of the Single Federation
of Workers of Colombia (CUT), who was also the victim of
threats and arbitrary arrest; the July murder of Trina Soto
Xastellanos, treasurer of the Market Sellers Union in Cucuta,
and her sister; the July killing of Alberto Alvarado, vice
president of the Graphics Workers Union in Bogota; and numerous
threats against other labor leaders.
     b.  The Right to Organize and Bargain Collectively
The Constitution protects the right of workers to organize and
engage in collective bargaining.  Workers have been most
successful in organizing larger firms and public services, but
these unionized workers represent only a small portion of the
economically active population.  High unemployment, traditional
antiunion attitudes, and weak union organization and leadership
limit workers' bargaining power in the private sector and in
agriculture.
The law forbids antiunion discrimination and the obstruction of
free association.  Government labor inspections theoretically
enforce these provisions, but because of the small number of
inspectors and workers' fears of losing their jobs, the
inspection apparatus is weak.  The authorities fined a few
transgressor companies, and some workers successfully sought
redress in the courts.  The new Labor Code increases the fines
levied for restricting freedom of association and prohibits the
use of strike breakers.
The Labor Code also eliminates mandatory mediation in private
labor-management disputes and extends the grace period before
the Government can intervene in a conflict.  Federations and
confederations may assist affiliate unions in collective
bargaining.
Labor law applies to the country's seven free trade zones
(FTZ's), but these standards are difficult to enforce.  Public
employee unions have won collective bargaining agreements in
the FTZ's of Barranquilla, Buenaventura, Cartagena, and Santa
Marta, but the garment manufacturing enterprises in Medellin
and Risaralda, the most important in the country in terms of
numbers of employees, are not organized.  National labor
leaders claim that in these FTZ's the provisions of the Labor
Code dealing with wages, hours, health and safety are honored
in the breach.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids slavery and any form of forced or
compulsory labor, and this prohibition is respected in practice.
     d.  Minimum Age for Employment of Children
The Constitution bans the employment of children under the age
of 14 in most jobs, and the Labor Code prohibits granting work
permits to youths under the age of 18.  This provision is
respected in larger enterprises and in major cities.
Nevertheless, Colombia's extensive informal economy remains
effectively outside government control.  Some 800,000 children
between the ages of 12 and 17 work, according to Labor Ministry
studies.  These children work--often under substandard
conditions--in agriculture or in the informal sector, as street
vendors, in leather tanning, and in small family-operated
mines.  Working children are exposed to the same risks
affecting adult workers, including exposure to toxic substances
and accidental injuries, all of which contribute to impaired
physical development.
     e.  Acceptable Conditions of Work
The Government annually sets a national minimum wage which
serves as a benchmark for wage bargaining.  It set the current
minimum wage--about $130 (107,000 pesos) per month--in December
1993 after the National Labor Council, a tripartite advisory
board, again failed to reach agreement among government, labor,
and private sector representatives.  The minimum wage, earned
by over one-quarter of the population, is consistent with the
Government's anti-inflation policies, but falls far short of
providing an adequate standard of living for a worker and
family.
The law provides for a standard workday of 8 hours and a
48-hour workweek, but does not specifically require a weekly
rest period of at least 24 hours, a failing which the ILO
criticizes.  Legislation provides comprehensive protection for
workers' occupational safety and health, but these standards
are difficult to enforce, in part due to the small number of
Labor Ministry inspectors.  In addition, unorganized workers in
the informal sector are protected by social insurance systems
and fear that they will lose their jobs if they exercise their
right to denounce abuses, particularly in the agricultural
sector.  According to the Labor Code, workers have the right to
withdraw from a hazardous work situation without jeopardizing
continued employment.  In general, low levels of public safety
awareness, inadequate involvement by unions, and lax
enforcement by the Labor Ministry result in an unacceptably
high level of industrial accidents and on-the-job situations
that jeopardize workers' health.
COMOROS1
CTITLE:  COMOROS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            COMOROS*
The Federal Islamic Republic of the Comoros comprises three
islands and claims a fourth, Mayotte, which is still governed
by France.  Since the assassination of President Abdallah in
1989, the Comoros has passed from a de facto one-party state,
through a brief rule by European mercenaries, to a government,
chosen in multiparty elections in 1991, won by Said Mohamed
Djohar.  President Djohar has controlled the Government since
1991 but has faced strong opposition in the National Assembly,
particularly from the Udzima Party, formerly the sole legal
party.  He has also survived several coup attempts.  In the new
elections held at the end of 1993, Djohar's Rassemblement pour
la Democratie et le Renouveau (RDR) party won a majority in the
Assembly, and the President consolidated his position in 1994.
The 1992 Constitution mandates several institutions, including
a senate, constitutional court, and island councils, but by
year's end the Government had not established them.
The Comorian Defense Force (FCD) and the gendarmerie are
responsible for internal security.  Both are under civilian
control, answering to the Presidency and the Ministry of
Interior respectively.  Security forces committed a number of
human rights abuses in 1994, and during the last elections
there were reports of interference by members of the military
acting on behalf of the Djohar Government.  French officers
serve as advisers to the FCD.
The economy is dominated by agriculture, but there is a
shortage of arable land, and soil erosion has exacerbated the
problem.  Revenues from the main crops--vanilla, essence of
ylang ylang, and cloves--continue to fall, while the population
(about 500,000) is growing at an extremely high rate.  Comoros
is a part of the French franc monetary zone, and while the 1994
devaluation of the franc may improve export and investment
opportunities in the long term, it has had serious short-term
consequences on the Government's finances.  Comoros depends
heavily on French financial assistance.
The human rights situation did not improve in 1994.  The
Government abridged freedoms of the press and assembly, and
security forces killed several persons in controlling a
demonstration on the island of Moheli.  The Government

*There is no U.S. Embassy in the Comoros.  Information on the
human rights situation is therefore limited.
continued to hold incommunicado an unknown number of soldiers
who had allegedly participated in the 1992 coup attempt against
the Government.  The 1993 trial in the State Security Court of
16 other persons, including two sons of former president
Abdallah, for participation in the 1992 coup attempt did not
meet international standards of fair trial.  The Government did
permit officials of the International Committee of the Red
Cross (ICRC) to visit Abdallah's sons in prison.  Prison
conditions remained harsh, and societal discrimination against
women continued as a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known political killings, but on at least one
occasion, government forces used excessive force against
antigovernment demonstrators on the outer island of Moheli.
According to credible reports, in June government forces fired
into the crowd, killing three persons and wounding several
others.  The demonstrators also committed acts of violence
during the melee.
As far as known, there was no official investigation into the
deaths of two persons reportedly killed (and secretly buried)
by the gendarmerie on the eve of the legislative elections in
December 1993 on the island of Anjouan.
     b.  Disappearance
There were no reported disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no substantiated reports of torture or other cruel,
inhuman, or degrading treatment, or punishment.  However,
several persons, all members of opposition parties, who were
arrested in late 1993 on the island of Anjouan, claimed that
they had been mistreated by the gendarmerie at Koki prison in
Mutsamudu.
Prison conditions--especially in military prisons where most
political prisoners are held--continued to be poor.  A lack of
proper sanitation, overcrowding, inadequate medical facilities,
and poor diet are common problems.  The Government admits these
problems but has taken no action to remedy them.  Those persons
imprisoned in connection with the 1992 coup attempt reported
that they were held in cramped cells, humid and poorly
ventilated, without sanitary facilities, especially at Kandani
barracks in Moroni.  While the Government would not permit
diplomats to visit the two sons of former president Abdallah,
who were implicated in the 1992 coup attempt and are being held
in Kandani prison, it did permit an ICRC official to visit
them.  There were no reports of abuse of women in prison.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution does not specify a time limit between arrest
and appearance before a magistrate;  however, according to
usual Comorian procedure the time limit is 48 hours.  The law
is silent about how long prisoners held for security reasons
may be detained without being charged.  The soldiers arrested
after the 1992 coup attempt have been held incommunicado
throughout 1993 and 1994 without charge or trial.  The exact
number of soldiers being held is unknown, but estimates range
from 11 to 70.  The Government does not use forced exile as a
means of political control.
     e.  Denial of Fair Public Trial
The 1992 Constitution provides for the equality of all citizens
before the law and the right of all accused persons to defense
counsel.  However, there are very few lawyers in the country,
making it difficult to obtain legal representation.  The
Government does not provide free legal counsel to the accused.
The Comorian legal system incorporates Islamic law as well as
French legal codes.  Most disputes are settled by village
elders or by a civilian court of first instance.  In regular
civil and criminal cases, the judiciary is largely independent,
and trials are public.  The Supreme Court has the power to
review the decisions of lower courts, including the Court of
Appeals.
The number of political prisoners held by the Government was
not known at year's end.  Omar Tamou and M'tara Maecha, who
admitted to staging the 1992 coup, remained in prison serving
life sentences.  The State Security Court trial of 16 persons
(4 in absentia), including the two sons of former president
Abdallah, held in April 1993, has been judged unfair by
international human rights monitors.  There was evidence of
executive interference during the trial (see the 1993 report),
and defense lawyers had limited access to the defendants and
case information.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of home and
property.  There were no known cases of arbitrary interference
with privacy or correspondence.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression, thought,
and conscience, and the Government generally respected this
right in practice with one important exception (see below).
Comorians discuss and criticize the Government and its leading
personalities openly.  The several small independent newspapers
and weekly semiofficial newspaper freely criticize the
Government.  However, radio is the most important medium for
reaching citizens, and in 1994 the Government closed down the
country's only nongovernment radio station.   Credible sources
cite the station's frequent criticism of the Government and
ties to opposition politicians as the reasons for its closure.
 There is one government-controlled radio station, Radio
Comoros.  Comorians receive broadcasts from Mayotte radio as
well as from French television without interference, but these
carry only limited news about Comoros developments.  Satellite
antennae are popular and amateur radio licenses are issued
without hindrance.  Foreign newspapers are available, as are
books from abroad.
Although there is no university in the Comoros, secondary
teachers and students speak freely, and students occasionally
engaged in meetings critical of the Government.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the Government generally respects it in
practice.  There were numerous partisan political
demonstrations during the year, some of which led to violence.
On at least one occasion the Government refused an opposition
party permission to hold a rally.
     c.  Freedom of Religion
An overwhelming majority of the population is Sunni Muslim.
The Constitution designates Islam as the state religion.  The
Government permits non-Muslims to practice their faith, and
Christian missionaries work in local hospitals and schools but
by tradition are not allowed to proselytize.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on travel within the country or
abroad, and exit visas are freely granted.  There are no
refugees in Comoros.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have this right, but it has not yet been fully
demonstrated that they, in fact, have the ability peacefully to
change their government through free and fair elections.  The
Constitution gives legal status to a multiparty system and
provides for other fundamental rights.  Nevertheless, the
political system remains unstable, and many democratic
institutions established by the Constitution, like the
constitutional court, the senate, and the island councils, had
not been created by year's end.  President Djohar and his
party, the RDR, continued to dominate the political process.
Several opposition parties accused the Government of fraud in
the 1993 election, although they participated during the year
in the deliberations of the National Assembly.
Village chiefs and Muslim religious leaders tend to dominate
local politics.  Traditional social, religious, and economic
institutions also importantly affect the country's political
life.
Traditionally, Comorian society is characterized by male
dominance, making it very difficult for women to become
involved in politics.  Women have the right to vote and
participate in the political process; however, there are no
female ministers or members of the National Assembly.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Comoros Human Rights Association, established in 1990,
continues to function, but many members are unwilling to
criticize the Government vigorously for fear of losing their
civil service positions.
The Government cooperates with international human rights
organizations, including the ICRC.  However, it turned down a
U.S. Embassy request to visit prisons in 1994 (see Section
1.c.).
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution formally provides for the equality of citizens
regardless of race, sex, or religion.
     Women
Despite constitutional provisions for equality, men have the
dominant role in Comorian society, and few women hold positions
of responsibility in government or business.  Societal
discrimination against women is most apparent outside the major
towns where women carry heavy farming and child-rearing duties,
with fewer opportunities for education and wage employment.  In
contrast, change in the status of women is most evident in the
major towns, where growing numbers of women are in the labor
force and generally receive wages comparable to those of men
engaged in similar work.  While legal discrimination exists in
some areas, in general, inheritance and property rights do not
disfavor women; for example, the house the father of the bride
traditionally provides to the couple at the time of their
marriage remains her property even in the case of divorce.
Violence against women occurs, but medical authorities, the
police, and women's groups believe that it is rare.  In theory
a woman could seek protection through the courts in the case of
violence, but in reality the issue would most likely be
addressed within the extended family or at the village level.
     Children
The Government, while committed to the protection of children's
rights and welfare in theory, has an extremely limited ability
to put this into practice.  Population pressure and poverty
force some families to place their children into the homes of
others.  These children, often as young as 7 years of age,
typically work long hours as domestic servants in exchange for
food and shelter.  The few legal instruments which address the
rights and welfare of children are not enforced because of a
lack of inspectors.
Female genital mutilation is not generally practiced, and child
abuse appears to be rare.
     People with Disabilities
There is no legal protection for people with disabilities, but
there is no evidence of widespread discrimination against the
disabled in the provision of education or other services.  No
legislation is in force or pending concerning accessibility to
public buildings or services for people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution allows workers, including most public sector
workers, to form unions and to strike, but these rights only
became a reality in 1990 with the association of some workers
into small unions.  Farming on small landholdings, subsistence
fishing, and petty commerce make up the daily activity of most
of the population.  Hence, the wage labor force is small; less
than 8,800 including government employees, and less than 2,000
excluding them.  Teachers, civil servants, and dock workers
have each created unions for purposes of collective action.
Unions are independent of the Government.  Teachers and
hospital workers were on strike for most of the latter half of
1994 over a variety of grievances.  There are no laws
protecting strikers from retribution, but there were no known
instances of retribution in 1994.
There are no restrictions on unions joining federations or
affiliating with international bodies.
     b.  The Right to Organize and Bargain Collectively
Unions have the right to bargain collectively, and strikes are
legal.  In reality, with over 75 percent of the work force
unemployed and the public sector far and away the largest
employer, true collective bargaining does not take place.
Wages are set by employers in the small private sector and by
the Government, especially the Ministries of Finance and Labor,
in the larger public sector.
The Labor Code, which is only loosely enforced, does not set up
a system for resolving labor disputes, and it does not prohibit
antiunion discrimination by employers.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by the Constitution and
is not practiced.
     d.  Minimum Age for Employment of Children
The Labor Code defines 15 years as the minimum age for the
employment of children.  The Ministry of Labor has few
resources to enforce this provision, but outside of domestic
work child labor is not an issue due to the general lack of
wage employment opportunities for adults.  Children generally
help with the work of their families in the subsistence farming
and fishing sectors.
     e.  Acceptable Conditions of Work
The Government mandates minimum wage levels.  The rates, which
vary by occupation, have not been changed in over a decade and
no longer reflect economic realities in the Comoros.  The
minimum wage for a laborer is about $11 (4,600 Comorian francs)
per month.  The Government periodically reminds employers to
respect the Labor Code, which specifies 1 day off per week,
plus 1 month of paid vacation per year, but does not set a
standard workweek. There are no safety or health standards for
the miniscule manufacturing sector.
CONGO1
````TITLE:  CONGO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             CONGO
The effort to establish democratic government in the Republic
of Congo was severely tried by episodes of violent civil unrest
during 1993 and early 1994.  President Pascal Lissouba, freely
elected in 1992, governs with the parliamentary support of a
group of parties known as the Presidential Movement.  This
coalition won a majority in 1993 legislative elections which
the political opposition challenged, claiming that the first
round of those elections was fraudulent.  In May 1993 the
opposition boycotted the second round, leading to violence in
June and July.  The Organization of African Unity and Gabon
brokered a peace agreement (the Libreville Accords) in August
1993, but violence in the capital, Brazzaville, erupted again
in late 1993 and continued through January 1994.  The
Government and the opposition signed a peace accord on January
In early February, under the Libreville Accords, international
jurists completed their examination of 58 accusations of fraud,
finding fraud in nine district elections--three from the
Presidential Movement and six from the opposition.  A few
months later the Presidential Movement, in cooperation with the
opposition, began to decentralize power to the regions and the
municipalities, a process which culminated in the installation
of Bernard Kolelas, a major opposition figure, as Mayor of
Brazzaville, and Jean-Pierre Thystere-Tchicaya, another
opposition leader, as Mayor of Pointe-Noire.
During the civil unrest, the official security apparatus,
composed of the military and police, lost control over certain
elements and individuals.  The major political parties
established private militias, which included police and army
personnel who had temporarily deserted their units.  These
private militias were responsible for the bulk of human rights
abuses, but government troops also committed extrajudicial
killings, and the police continued to use torture and other
brutal measures against detainees.  The Government failed in
most cases to identify and punish the perpetrators.  Drawing
from the army, the Government formed the Special Interposition
Group (GSIP) in January to dampen continued ethnically-
motivated civil violence.  The GSIP played an important
reconciliation role by maintaining calm in formerly embattled
neighborhoods.  Public security forces also integrated some
members of the private militias into their formal ranks but
have insufficient funds to continue this process.
The economy, which is heavily dependent upon petroleum revenues
and external borrowing, continued its transition from socialism
to a free market system.  Faced with low oil prices and an
extremely high per capita debt, Congo began implementation of
structural adjustment measures and free market economic
policies.
The human rights situation remained poor.  Abuses perpetrated
by the private militias included extrajudicial killing,
kidnaping, torture, and looting, but their frequency decreased
significantly after the January 30 signature of the peace
accord.  Deplorable prison conditions, police brutality,
societal discrimination against women, and exploitation of
Pygmies in remote areas by Bantu farmers persisted.  Congo's
strong worker rights provisions remained intact.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Supporters of the Government and the opposition were implicated
in extrajudicial killings as were some police units--the
so-called Aubevillois.  Estimates of the number killed from
November 1993 to January 1994 range from several hundred to
2,000.  Deaths due to continuing political violence after
January 1994 are rumored at 10 to 30 persons, but accurate
estimates are unavailable.  The Government was slow to take
measures to end the violence and slow to identify and punish
the perpetrators.  Victims appear to have been targeted
principally on the basis of ethnic and political affiliation.
Members of groups at both ends of the political spectrum purged
ethnic majority neighborhoods of minority ethnic groups through
the use of arson, looting, and assassination.  In an industrial
strike in September, the army fired into a crowd of machete-
wielding protestors, killing one person and injuring several
others.
     b.  Disappearance
There were numerous credible reports of kidnaping and
disappearances, both political and for ransom, but no firm
numerical estimates exist.  Leaders of both sides tacitly
admitted, by participating in hostage exchange negotiations,
that their partisans engaged in kidnaping.  Although
substantially reduced, kidnaping remained a political weapon.
The Government failed to investigate seriously those security
service personnel or private militia members who were
implicated in disappearances.
The easing of political tensions has allowed authorities to
begin bringing criminals to justice without fear of accusations
of political motive.  They investigated and arrested
individuals of all ethnic origins who had used political
conflict as a pretext for their activities.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits the use of torture and "cruel,
inhuman, or degrading" treatment.  Nonetheless, there continue
to be reliable reports of torture and rape by members of the
security forces and the opposition militias.  Army, police, and
customs officials continued their physical abuse of detainees,
both to extract information and as punishment.  Some military
and security force leaders tacitly condoned such beatings; they
failed to punish offenders or to provide effective training in
the lawful treatment of suspects.
Prison conditions are dire and life-threatening.  The death
rate, and the incidence of disease and malnutrition are
considerably higher than among the civilian population.
Buildings are dilapidated, security is lax, and food and
medical care are inadequate.  Most prisons, built during French
colonial rule, were not designed for long-term incarceration.
Dozens of prisoners are often kept in overcrowded cells for
long periods of time, sleeping on the floor and subsisting on
one meal per day.  Catholic missionaries work with prisoners to
improve living conditions but with limited success.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or
exile.  While the Code of Penal Procedure requires that all
detainees be apprehended openly and have a lawyer present
during initial questioning, police often ignored these
requirements.  According to the Code, the Prosecutor's Office
must issue these warrants and the authorities must bring
detainees before a judge within 3 days and charge or release
them within 4 months.  The authorities often fail to enforce
these requirements as well.
Lawyers have free access to their imprisoned clients. Over half
of all persons in custody are pretrial detainees.  The Ministry
of Justice estimates that the average detention is less than 6
months.  Although the Penal Code provides that defendants have
the right to be represented by lawyers of their choice and the
State will pay legal fees for the indigent, the authorities do
not enforce this in practice.
From November 1993 to January 1994, partisans on all sides
engaged in arbitrary arrests and kidnapings, often for ransom
or use in hostage exchanges.  No reliable estimates of the
number arbitrarily arrested and detained exist.  At year's end,
the Government was not known to be holding any political
detainees.
Political exile is not used.
     e.  Denial of Fair Public Trial
The judicial system consists primarily of local courts, courts
of appeal, and the Supreme Court.  In rural areas, traditional
courts continued to handle many local disputes, especially
property and probate cases.  Many domestic disputes are
adjudicated under traditional law and within the extended
family.
Some cases never reach the court system, however.  For example,
it is common practice for citizens to beat thieves caught in
the act, sometimes to death.  In general, defendants are tried
in a public court of law presided over by a state-appointed
magistrate.  The defense has access to, and the right to
counter, prosecution evidence and testimony.  Defendants are
presumed innocent and have the right to appeal.  There are
credible reports of prisoners languishing--sometimes for
years--in jail because of lost files, oversights, and
bureaucratic inertia.  The judiciary is overburdened with a
caseload that far exceeds its capacity to ensure fair, public
trials.
Supreme Court justices are appointed for life; lower court
judges may serve until age 65.  There were no known cases of
termination or transfer of a judge for political reasons.  At
year's end, the Government was not known to be holding any
political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution protects the privacy of homes as well as
correspondence and telecommunications.  Official searches of
private properties and communications require a warrant, but in
practice warrants are not uniformly served.  There is
widespread belief that the Government continues to tap
telephones.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press.
The Constitution provides for freedom of expression and calls
for the establishment of a special council to safeguard speech
and press freedoms.  Despite constitutional and judicial
protections, the media enjoy only limited freedom.  People talk
openly and opposition newspapers circulate freely, but the
Government retains control over broadcast media.  Censorship
declined from 1993, but the state media still practiced it in
1994.  Despite the State's monopoly on local radio and
television, which are the principal means of public
communication, it increased opposition journalists' access to
radio and television and permitted them to broadcast political
debates.
In March the Government attempted to prohibit state-employed
journalists from serving as stringers for international news
agencies, but suspended its efforts after journalists
protested.  Subsequent to the expulsion of a Radio France
International (RFI) correspondent in late 1993, the Government
negotiated the rebroadcast from Brazzaville of two foreign
stations, including RFI.
In June the Government detained a state-employed journalist for
2 days following an interview with former President and
opposition leader Denis Sassou-Nguesso.  The Government
officially reprimanded the journalist for failing to seek
approval to take state equipment to the remote site of the
interview.  In a similar case in November, the Government
suspended a journalist for 3 weeks for failing to obtain prior
permission to interview an opposition party leader on
television.  Incidents of this nature are, however, uncommon.
There were no known abridgements of academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  In practice, any group wishing to hold a public
assembly must inform the Minister of Interior, who reserves the
right to forbid assemblies which in the Government's view
threaten public order.  The Minister of Interior, claiming a
threat to public order, denied one of several requests by
students seeking to protest the nonpayment of scholarships.
There are no restrictions on trade associations or professional
bodies, and affiliation with international bodies is permitted.
     c.  Freedom of Religion
The Constitution forbids discrimination based on religious
beliefs.  In practice, people are free to join any church and
practice any religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right of all citizens to
circulate freely within Congo, and it specifically prohibits
roadblocks and barricades.  Nonetheless, soldiers and political
militia hindered free movement with barricades in early 1994.
The National Conference Charter of Rights gives all citizens
the right to travel abroad and to return.  At year's end Congo
hosted some 13,500 refugees, the majority of whom were Angolans
from the Cabinda enclave.  Refugees are registered with the
United Nations High Commissioner for Refugees, the United
Nations Development Program, and the Government, and are
allowed to work and to establish residency.  They may apply for
citizenship after 10 years of continuous residence.  There were
no known cases of forced repatriation or deportation of
refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The President and the National Assembly were elected in 1992
and 1993, respectively.  The opposition disputed the
legislative elections, claiming the results were fraudulent.
An international panel of jurists rejected all but 9 of 58
accusations of fraud.  Six of the nine fraudulently elected
deputies were from the opposition parties, while three were
members of the Presidential Movement.  Despite President
Lissouba's victory in 1992 and his coalition's victory in the
1993 legislative elections, the opposition continued to resist
his rule and tried to wrest power from him through political
maneuvers and armed resistance until the signature of the
January 1994 peace accord.
The Constitution divides power between the Presidency and a
Government headed by a Prime Minister and formed with the
approval of the National Assembly.  The Constitution provides
for 5-year terms of office for the President and National
Assembly Deputies, all elected by universal suffrage, and 6-
year terms for Senators, who are chosen by local councils.
International monitors have observed the last several rounds of
elections and have found them to be free and fair.
The Lissouba Government sought to create a representative
Government by appointing members of each geographical region in
the Cabinet.  However, members of the President's ethnic group
occupy the key ministerial portfolios.  Women occupy 2 of the
28 Cabinet posts.  Indigenous Pygmies, living in remote
regions, are largely excluded from the political process (see
Section 5).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several local human rights organizations remained active,
including the National Committee on Human Rights, the Congolese
Human Rights League, and Committee of the Congolese Association
of Women Lawyers.  All freely criticize government human rights
violations as well as abusive and discriminatory aspects of
some traditional local customs.
The Government permits international nongovernmental
organizations to operate freely.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifically forbids such discrimination, but
it persists in fact, particularly against Pygmies and women.
     Women
Although the Constitution prohibits discrimination based on sex
and specifically endorses the right of women to earn equal pay
for equal work, discrimination against women is widespread.
Inequities persist in salaries, employment opportunities, and
access to education.
While traditional inheritance customs favor maternal links,
marriage and family laws overtly discriminate against women.
For example, adultery is illegal for women but not for men.
Polygyny is legal; polyandry is not.  Women in rural areas are
especially disadvantaged in terms of education and wage
employment and are confined largely to family farm work, petty
commerce, and childrearing responsibilities.  Nonetheless,
educated women are making some limited progress in professional
employment.
Violence against women occurs frequently.  Wife beating is a
continuing abuse, but cases are usually handled within the
extended family; police rarely intervene in domestic disputes.
Only in extreme instances of abuse do courts prosecute these
cases.  The general population and the media largely ignore the
issue of violence against women.
     Children
The Constitution states that the Government must protect
children in accordance with international conventions.  Child
labor is illegal, and education is mandatory until age 16.  In
practice, limited state resources prevent achievement of these
objectives, particularly in rural areas.
     National/Racial/Ethnic Minorities
The Constitution provides the same rights for Pygmies, an
ethnic minority numbering approximately 7,000 and living
primarily in the northern forest regions, as it does for other
citizens.  In practice--in a society in which Bantu Congolese
predominate in every respect--they do not enjoy equal
treatment.  Pygmy workers are generally underpaid for their
work relative to others, with compensation often being in the
form of clothing, food, or other goods instead of wages.  This
practice has its roots in the ancestral tradition of Pygmy
slavery maintained by Bantus.  In the past, Pygmies were denied
access to public education, health, and other basic services,
and the right to own property.  Pygmies have traditionally been
excluded from the political process, and they have little
ability to influence government decisions affecting their
interests.
     People with Disabilities
The Constitution provides the disabled "specific measures of
protection in relation to their needs."  In practice this means
very little, although the Government has provided special
education to some disabled students and hand-powered tricycles
to some polio victims.  The Ministry charged with the welfare
of the disabled is hampered by severe financial constraints.
The country has not implemented laws mandating access for
people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
Both the Constitution and the Labor Code affirm the right of
workers to associate freely, allowing no restrictions on the
formation of trade unions.  Nearly all workers in the formal
(wage) sector are union members, and unions have made efforts
to organize informal sectors such as agriculture and retail.
Unions are free to join or form new federations or
confederations.  The formerly monolithic Congolese Trade Union
Confederation (CSC) fractured into six independent union
confederations in 1994; the State has formally recognized all
of them.  They are dependent on the voluntary contributions of
their membership.  There are some links between the Government
and union leadership.  The Secretary-General of the CSC is a
member of the National Assembly, and the head of the Union
Confederation of Congolese Workers (CSTC), Congo's second
largest union, is serving in the office of the mayor of
Brazzaville.
Unions are free to strike but must file a letter of intent with
the Ministry of Labor beforehand, thereby starting a process of
arbitration.  In theory, a strike may not take place until both
parties have submitted to a process of nonbinding arbitration
under the auspices of a regional labor inspector from the Labor
Ministry.  The letter of intent must include the strike date,
at which time the strike may legally begin even if arbitration
is not complete.  Employers have the right to fire workers if
they give no notification in advance of a strike.  In practice,
the Ministry seldom enforces this aspect of the Labor Code, and
workers have initiated many strikes without prior attempts to
resolve disputes through arbitration.
In 1994 the CSTC called three general strikes for immediate
payment of salary arrears by the State.  The first strike was
postponed by the union leadership, and the second failed to
generate support.  The Government responded to most union
demands before the third had begun.  The Government reportedly
threatened to keep lists of government employees who failed to
report for work, implicitly for use in civil service work force
reduction.
In September, sugar factory workers went on strike for
standardization of their salaries and allowances, a reduction
in workload, and free medical treatment.  The Army shot into a
crown of machete-wielding protesters, killing one person and
injuring several others (see Section 1.a.).
Unions are free to affiliate with international trade unions.
Some trade unions have signed cooperative accords with other
African, European, and American trade union organizations.
Although the CSC has not formally disaffiliated from the once
Communist-dominated World Federation of Trade Unions, the
relationship has all but dissolved due to lack of interest or
funding.
     b.  The Right to Organize and Bargain Collectively
With union attention absorbed by current economic problems and
the Government in the midst of structural adjustment efforts,
the National Assembly has only initiated deliberations to
revise the Labor Code.  In the past many benefits were legally
mandated, and industry-specific wage scales ("Conventions")
were determined by negotiated agreement between union
representatives, employers, the Ministry of Labor, and the
CSC.  At present, unions may negotiate freely, either
independently or in cooperation with other unions, federations,
or confederations.
Under the Constitution employers are prohibited from
discriminating against employees who exercise their
Constitutional right to organize or join a union.  There were
no reported firings for union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and there was no
evidence of its practice in the formal economy.  There were,
however, allegations that Pygmies experienced exploitation (see
Section 5).
     d.  Minimum Age for Employment of Children
The Constitution prohibits children under the age of 16 from
working.  The Ministry of Labor is responsible for enforcing
child labor laws but concentrated its efforts on the formal
wage sector.  Young children continued to work on small family
subsistence farms in rural areas and in the informal sector in
cities without government intervention.
     e.  Acceptable Conditions of Work
The Government sets a minimum wage of about $44 (CFA 23,500)
per month, a level which the Government claims allows for
"human dignity."  However, high urban prices and dependent
extended families oblige many workers to seek out opportunities
beyond their main employment and practice subsistence
agriculture.  In 1994 this was particularly true for government
workers, who were forced to cope with salary backlogs of
several months.  In those trades still subject to "Conventions"
(see Section 6.b.), the negotiated minimum wages were without
exception considerably higher than the legal minimum.
The Constitution provides for not only reasonable pay, but also
paid holidays, periodic paid vacations, and legal limits on
allowable hours of work.  The Labor Code stipulates that
overtime must be paid for all work in excess of 40 hours per
week and regular days of leisure must be granted by employers.
Although health and safety regulations require twice yearly
visits by enforcement officers from the Ministry of Labor, in
practice such inspections occur on a much less regular basis.
There is no specific regulation granting workers the right to
remove themselves from hazardous situations without jeopardy to
continued employment, but unions were generally vigilant in
calling attention to such situations.
COSTA_RI1
lalaTITLE:  COSTA RICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.D. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           COSTA RICA
Costa Rica is a well-established, stable constitutional
democracy with a unicameral Legislative Assembly that is
directly elected in elections that have been free and fair.
Jose Maria Figueres won the February presidential election, in
which approximately 80 percent of eligible voters participated.
The 1949 Constitution abolished Costa Rica's military.  The
Ministry of Public Security, the Ministry of Government, and
the Ministry of the Presidency share responsibilities for law
enforcement and national security.  The Judicial Police, under
the Supreme Court, is an investigative force, while the San
Jose Metropolitan Police and the Transit Police within the
Ministry of Public Works and Transportation also have limited
police functions.  Public security forces generally observe
procedural safeguards established by law and the Constitution.
The economy is based on agriculture and light industry as well
as tourism.  Economic growth in 1993 was about 6.1 percent but
slowed to 4.5 percent in 1994, and the Government faced a
growing fiscal deficit.  The right to own private property is
protected by the Constitution; however, foreign and Costa Rican
property owners who have had land expropriated for national
parks, Indian reserves, or squatters have had significant
difficulties receiving adequate and timely compensation.
Costa Ricans enjoy a wide range of individual rights and
freedoms, although there have been well-founded complaints
concerning the occasional use of excessive force by police and
lengthy pretrial detentions.  Discrimination against blacks,
Indians, and women has also been reported, and many women are
victims of domestic violence.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings and one credible
report of an extrajudicial killing.
In August the authorities arrested four officers of the
Judicial Police for the murder and mutilation of suspected drug
dealer Ciro Monge.  The police dismissed all four and the
investigation continued.  Although the police initially jailed
all four, they were free on bail at the end of the year.  In
1993 the authorities dismissed seven Judicial Police officers
in the beating death in custody of suspected gang member
William Lee Malcom.  Their trial was scheduled but had not
begun by year's end.  The Monge and Lee Malcom cases, plus
alleged instances of corruption, led many sectors of society to
call for a reorganization of the Judicial Police.
The trial of the 2 commanding officers of a 13-member Rural
Guard unit (the "Cobra Command") for the 1992 murder of 2 drug
suspects and the rape and abuse of indigenous people, although
scheduled in the fall, had not begun by the end of the year.
The authorities have charged 12 ex-members of the Cobra Command
with murder, rape, and deprivation of liberty.
     b.  Disappearance
There were no reports of politically motivated abductions or
secret arrests.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits cruel or degrading treatment and
holds invalid any statement obtained through violence.  The
authorities generally respected these prohibitions in practice,
although a study by the National Ombudsman's office found that
reports of isolated instances of beatings and other physical
abuse by police agents were credible.  The Ombudsman's office
is limited to responding to complaints that are filed with it.
The Ombudsman's office can and does investigate and file suit
against the officials involved.
There were also limited instances of police using excessive
force in controlling crowds, including squatter evictions in
Pavas and an April labor conflict in Sarapiqui.  The press and
labor groups severely criticized the police for failing to
negotiate a peaceful end to the confrontations and for their
ready resort to force.  In particular, the media and unions
strongly condemned the police for using firearms to clear the
strikers' blockade of the main road in Sarapiqui.
In the face of escalating crime, there was considerable debate
over the competence and adequacy of the law enforcement
system.  In an effort to professionalize and depoliticize the
police force, the Assembly enacted a bill intended, over a
period of years, to reduce patronage in the appointment of
police officers and increase the level of training.
Prisoners generally receive humane treatment in Costa Rica.
Physical abuse by prison guards is uncommon.  Other forms of
abuse by guards, such as extortion, do occur with some
frequency.  However, the Prison Rights Ombudsman investigates
cases and refers serious cases of abuse to the public
prosecutor.  Authorities have dismissed guards who have been
found to have committed physical and other abuses.  While
public concern exists about crowded penitentiaries, the
availability of weapons in prisons, occasional rioting, and
assault within the prisons, the Government has achieved limited
progress in the repair and improvement of the more run-down
prison facilities.
     d.  Arbitrary Arrest, Detention, or Exile
The law requires judicial warrants for arrests and that an
officer of the court arraign a detainee within 24 hours of
arrest.  The Constitution entitles a detainee to a judicial
determination of the legality of the detention.  The
authorities generally respected these rights, although persons
charged with serious offenses often remain in pretrial custody
for long periods due to judicial backlogs.  The past several
years brought some improvement in this regard.  The average
number of prisoners awaiting trial fell from 20.9 percent of
all prisoners in 1991 to 18.0 percent in 1994.  As of the end
of March 1992, 134 prisoners had spent more than 9 months in
detention without being sentenced.  Estimates from the Ministry
of Justice for 1994 were similar.
The law provides for the right to bail, and the authorities
observed it in practice.
Generally, the authorities do not hold detainees incommunicado.
With judicial authorization, the authorities may hold suspects
for 48 hours after arrest or, under special circumstances, for
up to 10 days.  The judiciary has proven effective at ensuring
the observance of legal and constitutional safeguards.
The authorities arrested four Venezuelans in June in connection
with a series of violent bank robberies and assaults, and
summarily deported them to Venezuela without resort to the
courts.  The executive branch defended the expulsions on the
grounds that continued detention of the suspects invited
retaliation and represented a threat to Costa Rican lives.
Many members of the judiciary criticized the action as
arbitrary and outside established legal procedure.  The
Venezuelans filed suit, which resulted in a judgment that three
government ministers may be financially liable for the
expulsions and may also lead to formal charges against them.
Any further civil or criminal charges against the ministers
will depend on the removal of the immunity inherent in their
office.
The Constitution bars exile as punishment.
     e.  Denial of Fair Public Trial
The judiciary is independent and assures a fair public trial.
The Supreme Court supervises the work of the lower courts,
known as tribunals.  The Legislative Assembly elects the 24
Supreme Court magistrates to 8-year terms, which are
automatically renewed unless the Assembly votes against a
renewal by a two-thirds majority.  Accused persons may select
an attorney of their choice, and the law provides for access to
legal counsel at state expense for the indigent.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
There were no reports of extralegal invasions of privacy
conducted by, or with the knowledge of, the Government.  The
law requires judicial warrants to search private homes, and
police seldom fail to comply.  In August the Legislative
Assembly approved legislation permitting government-authorized
wiretaps in certain restricted circumstances, primarily to
combat narcotics trafficking.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution specifically provides for freedom of speech
and press, and these freedoms are generally respected in
practice.  However, courts sometimes construe libel and
defamation laws so broadly as potentially to inhibit free
expression.  A judge sentenced journalist Bosco Valverde to
1 year in prison for "disrespect" displayed in an editorial he
wrote about the judges presiding in an important fraud trial.
Although a court later reduced the sentence to probation and a
fine, the case raised concerns that journalists would be less
likely to criticize public figures in the course of covering
public events.
A 1969 law requires that journalists must have a degree in
journalism from a Costa Rican university and a license from the
government-sponsored journalists' guild.  Journalists have
attempted to challenge the law in court several times, but
without success.
Nine major privately owned newspapers, several periodicals,
6 privately owned television stations, and over 70 privately
owned radio stations pursue independent editorial policies.
The media freely criticize the Government, and there has been
little evidence of self-censorship or governmental intimidation.
An office of censorship rates films and has the authority to
restrict or prohibit their showing; it has similar powers over
television shows and stage plays.  A censorship tribunal
reviews appeals of the office's actions.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the Government fully respected these rights.
The law requires permits for parades or similar large-scale
gatherings, which the authorities routinely grant.
     c.  Freedom of Religion
The Constitution protects freedom of religion, and the
authorities generally observed it in practice.  Foreign
missionaries and clergy of all denominations work and
proselytize freely.  Roman Catholicism is the official state
religion, and the Catholic Church benefits from certain
privileges which non-Catholic persons and institutions are
denied.  For example, non-Catholic churches are required by law
to comply with building codes from which Catholic churches are
exempt, and Catholic priests may perform marriages, whereas
non-Catholic religious marriages are not valid without an
additional civil marriage.  The law on career educators
stipulates that all teachers of religion, including
non-Catholic teachers, must be approved by the Catholic
Church's Episcopal Conference.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on travel within the country, and
emigration and the right of return are not restricted.  Costa
Rica supports multinational refugee programs and has accepted
many refugees from Central and South America.  The Constitution
specifically prohibits repatriation of anyone subject to
political persecution.  The Government considers large numbers
of undocumented Nicaraguans to be economic migrants and
frequently expels them summarily.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercise this right through free, secret ballot
elections every 4 years.  The independent Supreme Electoral
Tribunal insures the integrity of elections, and the
authorities and the citizens respect the election results.  The
Constitution bars the President from reelection; Assembly
members may seek reelection after at least one term out of
office.  National Liberation Party (PLN) candidate Jose Maria
Figueres won the February elections, in which the PLN gained a
plurality in the 57-member Legislative Assembly with 28 seats.
The opposition Social Christian Unity Party won 25 seats.  A
leftist coalition party holds two seats, and two independent
provincial parties hold one each.
There are no legal impediments to participation by women or
minorities in politics.  Although women are underrepresented in
leadership positions in government and politics, this has begun
to change.  Two Cabinet ministers, seven vice ministers and
nine members of the Legislative Assembly are women.  In
addition, one of the two vice presidents is a woman.
Costa Rica's 30,000 blacks, who reside largely on the Caribbean
coast, enjoy full fights of citizenship, including the
protection of laws against racial discrimination.  The
Legislative Assembly includes one black member; one member of
the Cabinet is black.
Indigenous people are free to participate in politics and
government.  However, they have not had a significant presence
in either except on issues directly impinging on indigenous
rights.  This lack of political role and influence stems from
historical neglect, discrimination, physical isolation, and the
very small number of indigenous people relative to the total
population.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
At least three nongovernmental groups monitor and report on
human rights free of government restriction:  the Costa Rican
Commission for Human Rights; the Commission for the Defense of
Human Rights in Central America; and the Family and Friends of
Political Prisoners of Costa Rica.  The Ministry of Justice
houses an official Ombudsman, empowered to hear individual
complaints concerning human rights abuses.
The Government is open and responsive to concerns expressed by
international human rights groups and has invited the
Inter-American Commission on Human Rights to visit the country
whenever it wishes.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution pronounces all persons equal before the law.
     Women
While there is no legal discrimination, and in fact a number of
laws seek to protect women from sex discrimination in such
areas as property ownership, employment, and inviolability of
person, in practice women face a number of inequalities.
Official statistics indicated that 30 percent of working-age
women earn wages, as opposed to 79 percent of working-age men.
The law requires that women and men receive equal pay for equal
work, but due in part to limited resources the Government has
not effectively enforced it.  On average, women's salaries are
20 percent below men's.
The National Ombudsman's office in June reported that women and
children were the targets of physical, sexual, or psychological
abuse in a significant proportion of all households.  The
Government regularly prosecutes physical abuse of women,
including domestic violence, which is increasingly recognized
as a serious problem, and often imposes stringent punishment.
     Children
The Government is committed to children's rights and welfare,
spending more than 4 percent of gross domestic product on
education and over 5 percent on medical care.  This has
contributed to a high rate of literacy and a low rate of infant
mortality.
Public awareness of crimes against children has grown.  The
National Institute for Infancy reported that in the first
3 months of 1994, there were 376 cases of physical mistreatment
of minors, 314 cases of sexual abuse, and 47 of psychological
abuse; compared to a total of 625 new cases of mistreatment or
sexual abuse for the first 3 months of 1993.  Traditional
family attitudes and the fact that such crimes are treated as
misdemeanors hampered legal proceedings against those who
committed crimes against children.
     Indigenous People
Costa Rica's population of 3.2 million includes some 24,000
indigenous people.  Most live in traditional communities on
21 reserves which, in part because of their remote location,
often lack access to schools, health care, electricity, and
potable water.  The Government established the National
Indigenous Commission (CONAI) to address concerns of indigenous
people, but many indigenous people have complained CONAI is
paternalistic and does not adequately represent their views.
The Ombudsman has also established an office to investigate
violations of indigenous rights and to strengthen its oversight
of these rights.
     People with Disabilities
There are no laws prohibiting discrimination against those with
disabilities, nor mandating access for such persons, although
certain public and private institutions have made individual
efforts to improve access.
Section 6  Worker Rights
     a.  The Right of Association
The law specifies the right of workers to join unions of their
choosing without prior authorization, although barriers exist
in practice.  Approximately 15 percent of the work force is
unionized, almost entirely in the public sector.  Unions are
independent of government control and are generally free to
form federations and confederations and to affiliate
internationally.
Certain trade unions contend that the "solidarismo"
(solidarity) movement has hurt unions' right of association.
The movement espouses employer-worker cooperation and offers
the latter such benefits as credit unions and savings plans in
return for their renunciation of the right to strike and
bargain collectively (although, in practice, solidarity
associations have in the past acted as collective bargaining
agents).  Employers partly finance solidarity associations; the
law allows them to offer a range of services and engage in
profit-making activities, which unions are not permitted to do.
"Permanent workers' committees" made up of members of
solidarity associations have entered into direct agreements
with their employers, sometimes in order to stop attempts by an
established union to negotiate a collective bargaining pact.
The International Labor Organization (ILO) Committee on Freedom
of Association concluded a 2-year investigation in June 1991
and ruled that management's use of solidarity and the
associations' involvement in trade union activities such as
collective bargaining were violations of freedom of
association.  In June the ILO's Committee of Experts ruled
that, with the changes to the Labor Code enacted in 1993 and
the promises of further reforms, Costa Rican workers have made
progress towards greater freedom of association.
There are no restrictions on the rights of private workers to
strike, but very few private sector workers are union members,
and strikes in the private sector are rare.  In April a labor
dispute between Geest Caribbean Company and the workers at
Geest's banana plantation in Sarapiqui escalated into
violence.  There were numerous injuries, and the police
arrested several strikers for inciting violence.
The law restricts the right of public sector workers to
strike.  In April the Government introduced a bill that would
guarantee collective bargaining rights to all public sector
workers and afford the right to strike to public workers who
are not in "essential services" as defined by the ILO, but the
Assembly had not passed it by year's end.  Public sector labor
disputes produced a scattering of demonstrations and brief work
stoppages.
     b.  The Right to Organize and Bargain Collectively
The Constitution protects the right to organize.  Specific
provisions of the 1993 labor code reforms provide protection
from dismissal for union organizers and members during the
period of union formation.  The revised provisions of the Labor
Code require employers found guilty of antiunion discrimination
to reinstate workers fired for union activities.
Public sector workers cannot engage in collective bargaining
because the Public Administration Act of 1978 makes labor law
inapplicable in relations between the Government and its
employees.  Private sector unions have the legal right to
engage in collective bargaining but, owing to the dearth of
unions, it is not a widespread practice.
All labor regulations apply fully to the country's nine export
processing zones (EPZ's).  The Labor Ministry oversees labor
regulations within the EPZ's, but acknowledged that it has only
one inspector for every 30,000 workers.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there were no known instances of either.
     d.  Minimum Age for Employment of Children
The Constitution provides special employment protection for
women and minors and establishes the minimum working age at
12 years, with special regulations in force for workers under
15.  Children older than 15 but under 18 can work a maximum of
7 hours a day and 42 hours weekly.  For children between the
ages of 12 and 15, the limit is 5 hours a day and 30 hours
weekly.  The National Children's Agency, an autonomous
government institution, in cooperation with the Labor Ministry,
is reasonably effective in enforcing these regulations in the
formal sector.  In response to the deaths of two adolescents by
chemical poisoning while working on banana plantations, the
authorities prohibited further employment of youths under the
age of 18 in the banana industry.  Nonetheless, child labor
continues to be an integral part of the large informal economy.
     e.  Acceptable Conditions of Work
The Constitution provides for a minimum wage.  A National Wage
Board, composed of three members each from government,
business, and labor, sets minimum wage and salary levels for
all sectors.  The monthly minimum wage, which was last set in
July for the private sector, ranges from $115 (18,176 colones)
for domestic servants to $557 (88,023 colones) for certain
professionals.  Public sector negotiations, based on the
private sector minimum wage, normally follow the settlement of
private sector negotiations.  The Ministry of Labor enforces
minimum wages.  It has been reasonably effective, more so in
the San Jose metropolitan area than in rural areas.  Workers at
the low end of the wage scale often find it difficult to
maintain an acceptable standard of living, whether they have a
family to support or not, and must spend an inordinate
proportion of their pay on basic human needs.
The Constitution sets the workday hours, remuneration for
overtime, days of rest, and annual vacation rights.  It
requires compensation for discharge without due cause, although
this provision is often circumvented in practice.  Maximum work
hours are 8 during the day and 6 at night, up to weekly totals
of 48 and 36 hours, respectively.  Nonagricultural workers
receive an overtime premium of 50 percent of regular wages for
work in excess of the daily work shift.  Agricultural workers
are not paid overtime, however, if they work beyond their
normal hours voluntarily.  There is little evidence that
employers coerce such overtime from employees.
A 1967 law governs health and safety in the workplace.  This
law requires industrial, agricultural, and commercial firms
with 10 or more workers to establish a management-labor
committee and allows the Government to inspect workplaces and
to fine employers for violations.  Most firms required to set
up such committees have followed the letter of the law, but
often made little effort to utilize the committees or turn them
into effective instruments for improving the workplace.
Workers have the right to leave work if conditions are
dangerous.  In practice, however, workers who leave the
workplace may find their jobs in jeopardy unless they file a
written complaint with the Labor Ministry.  Due in part to
budgetary constraints, the Government has not fielded enough
labor inspectors, especially outside the capital, to ensure
that minimum conditions of safety and sanitation are always
maintained.
COTE_D_I1
hTITLE:  COTE D'IVOIRE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                         COTE D'IVOIRE
From independence until 1990, President Felix Houphouet-Boigny
and his Democratic Party of Cote d'Ivoire (PDCI), the only
legal political party, ruled Cote d'Ivoire.  The PDCI continued
its political dominance in the first multiparty presidential
and legislative elections in 1990, winning 165 of the 175
National Assembly seats in elections that were marred by
irregularities (see Section 3).
In 1993 Houphouet died and was replaced by his constitutional
successor, National Assembly President Henri Konan Bedie.  The
Constitution calls for Bedie to serve out the rest of
Houphouet's term, which ends in October 1995.
Cote d'Ivoire's security forces include the National Police
(Surete) and the Gendarmerie, a branch of the armed forces with
responsibility for general law enforcement.  The armed forces
traditionally have accepted the primacy of civilian authority.
Security forces, including Special Anti-crime Police Brigade
(SAVAC), were responsible for a number of human rights abuses
in 1994.
The Ivorian economy, largely market based but heavily dependent
on the agricultural sector, has performed poorly in recent
years, owing to low prices for its principal exports:  cocoa,
coffee, and tropical woods.  High population growth coupled
with economic decline resulted in a steady fall of living
standards; Gross National Product per capita in 1994 was about
$515.  The devaluation of the currency, the CFA franc,
benefited exports while penalizing consumers.  A majority of
the population is dependent on smallholder cash crop production.
Despite a peaceful, constitutional, presidential succession in
December 1993, serious human rights abuses continued in 1994.
Members of the security forces carried out many extrajudicial
killings of criminal suspects and beat and abused detainees.
The Government failed to bring to justice perpetrators of these
abuses.  Prison conditions are poor and in some instances
brutal.  Police arrested and detained student leaders without
trial following student strikes in May and imprisoned several
journalists for criticizing the Government and Chief of State.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known politically motivated killings by
government forces or reported deaths in official custody from
unnatural causes.  However, as violent crime increased, the
security forces frequently resorted to lethal force.  Credible
reports indicate that SAVAC, in hot pursuit of armed criminals,
killed three apparently innocent young men without warning
during a raid in June.  Best estimates put the number of
persons killed by SAVAC and the regular police at 47.  The
Government prosecuted no SAVAC or police personnel for these
killings.
Occasionally the Government has punished malefactors in the
security forces.  In July a police officer who had injured a
woman and two children in 1992 was tried, sentenced to 5-years'
imprisonment; later that month, another officer was sentenced
to 10 years for killing a suspect he was pursuing.  However,
these are exceptions to the rule; many offenders are not tried.
     b.  Disappearance
There were no reports of officially sanctioned abduction or
disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Police sometimes beat detainees or prisoners in order to punish
them or to extract confessions.  There were no reports of
government officials being tried for these abuses.
A jurists' union official reported interviewing prisoners who
were beaten to obtain their confessions and who were afraid to
press charges against the police officers involved.  Television
footage and press photographs regularly show criminal detainees
with swollen or bruised faces and bodies, a likely indicator of
police mistreatment during arrest or detention.
The acting secretary general of the students' union FESCI
stated that during his 2-week detention in May police
physically abused him, employing beatings and sleep
deprivation.  A journalist imprisoned by the Republican Guard
stated that they beat him during his detention.  Police
routinely treat non-Ivorian Africans residing in Cote d'Ivoire
(who represent a third of the total population) more roughly
than Ivorians.
During incarceration, neither the FESCI leader nor the other 24
students detained with him were allowed visitors.  Although the
law prohibits it, police restrict access to some prisoners.
Harsh prison conditions include overcrowding, malnutrition,
infectious disease, and infestation by vermin, and are
responsible for a high prison death rate.  Several journalists
released during the year reported that certain white-collar
prisoners are accorded special treatment.  Officials denied the
Ivorian Human Rights League (LIDHO) and other human rights
groups access to the prison in 1994.
According to a LIDHO report, conditions at the main prison of
Abidjan are especially brutal for women, with violent and
nonviolent criminals, as well as minors, housed together.
There are no health facilities for women, and a number of women
have reportedly given birth at the prison without medical
attention.  There are reports of women being raped by fellow
prisoners and guards.
     d.  Arbitrary Arrest, Detention, or Exile
Under the Code of Penal Procedure, a public prosecutor may
order the detention of a suspect for up to 48 hours without
bringing charges.  A magistrate may order detention up to 4
months but must also provide the Minister of Justice a written
justification for continued detention on a monthly basis.
However, the law is often violated.  Police have held persons
for more than 48 hours without bringing charges.  According to
a representative of a jurists' union, this practice is common,
and often magistrates are not able to verify that those not
charged are released.  Defendants are not guaranteed the right
to a judicial determination of the legality of their
detention.  A judge may release pretrial detainees on bail if
the judge believes that the suspect will not flee.  However,
according to LIDHO, many prisoners are detained for long
periods, sometimes years, awaiting trial.  While exact
statistics are lacking, pretrial detainees probably make up 10
percent of the prison population.
Detainees, particularly those arrested for opposition to the
Government, are not always brought to trial.  Following
disturbances in Bouake in March, police arrested six students.
Only one was tried and sentenced; the others were held in
preventive detention, then released in June.  In May, according
to LIDHO, the authorities arrested 192 students following a
confrontation between police and the students' union, FESCI.
Police released the students within 48 hours without charging
them.  Subsequently, security forces detained 25 members of the
executive bureau of FESCI without charge for 2 weeks at the
Gendarme training school, holding them incommunicado.  It
released student leaders after the acting secretary general of
FESCI apologized to the Government.  He later stated publicly
that officials had coerced him to apologize.  During the year,
police arrested other students including two following a march
in early November.  In September the police detained a
journalist for 5 days without charge.  There are no accurate
statistics on the total number of arbitrary arrests.
Exile is not used as a means of political control.
     e.  Denial of Fair Public Trial
The modern judicial system is headed by a Supreme Court and
includes the Court of Appeals and lower courts.  The judiciary
is theoretically independent of the executive branch in
ordinary criminal cases.  In practice, the judiciary follows
the lead of the executive in national security or political
cases.
There is not a clear separation between the judicial and
executive branches of government.  There are credible reports
that those with ties to the opposition are treated more harshly
by the judicial system than those with ties to the Government.
Judges serve at the pleasure of the executive and are therefore
likely to bend to political pressure.  One jurist claims that
he was transferred out of Abidjan because of his public appeals
for a more independent judiciary.
Ivorian law establishes the right to a public trial, although
key evidence is sometimes given in camera, the presumption of
innocence, and the right of defendants to be present at their
trials.  Those convicted also have the right of appeal,
although courts rarely overturn verdicts.  Indeed, in the case
of a Bouake student who appealed a 1-year sentence in May, the
Appeals Court increased it to 2 years.  Defendants accused of
felonies or capital crimes have the right to legal counsel, and
the judicial system provides for court-appointed attorneys for
indigent defendants.  In practice, many defendants cannot
afford private counsel and court-appointed attorneys are not
readily available.
In rural areas, traditional institutions often administer
justice at the village level, handling domestic disputes, minor
land questions, and family law.  Dispute resolution is by
extended debate, with no known instances of resort to physical
punishment.  The formal court system is increasingly
superseding these traditional courts.
Military courts do not try civilians.  Although there are no
appellate courts within the military court system, persons
convicted by a military tribunal may petition the Supreme Court
to set aside the tribunal's verdict and order a retrial.  There
were no known political detainees or prisoners in 1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Code of Penal Procedure specifies that a police official or
investigative magistrate may conduct searches of homes without
a judicial warrant if there is reason to believe that there is
evidence on the premises concerning a crime.  The official must
have the prosecutor's agreement to retain any objects seized in
the search and is required to have witnesses to the search,
which may not take place between 9 p.m. and 4 a.m.  In
practice, police sometimes use a general search warrant without
a name or address.  On occasion, police have entered homes of
non-Ivorian Africans (or rounded them up on the streets), taken
them to local police stations, and extorted small amounts of
money for alleged minor offenses.
Security forces have reportedly monitored some private
telephone conversations, but the extent of the practice is
unknown.  There is no evidence that private written
correspondence is monitored.
In Cote d'Ivoire's multiparty political system, citizens are
free to join, or not join, any political party.  However, the
State has reportedly transferred government employees (e.g.,
teachers) active in the opposition because of their political
activities.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Constitution provides for freedom of expression,
and nongovernment newspapers frequently criticized government
policies, the Government imposes significant restrictions.  The
two government-owned daily newspapers offer little criticism of
government policy, while government-owned radio and television
offer none at all.  Moreover, while the opposition press,
opposition political party leaders, and student groups voice
their disapproval of government or presidential actions
frequently and sometimes loudly, the Government does not
tolerate what it considers insults or attacks on the honor of
the country's highest officials.  It is a crime, punishable by
from 3 months to 2 years in prison, to offend the President,
the Prime Minister, foreign chiefs of state or government, or
their diplomatic representatives, or to defame institutions of
the State.  Moreover, a 1991 press law created a new commission
to enforce laws against publishing material "undermining the
reputation of the nation or defaming institutions of the State."
The Bedie administration used the press law to silence direct
criticism of the President and of other government officials.
In February a court sentenced a newspaper publisher to 1 year
in prison for publishing an article which unflatteringly
compared President Bedie to his predecessor; Bedie pardoned the
publisher in July.
In March courts sentenced five opposition journalists to 1 year
in prison and imposed a fine for printing an article based on a
report in a foreign publication which suggested that President
Bedie had asked the French Government to finance his
predecessor's funeral.  Although the authorities never actually
confined the journalists, the sentence remains.  In May courts
sentenced David Gogbe, editor of a weekly newspaper, to 1 year
in prison for defamation when he suggested that a high-ranking
government official was implicated in a murder.  The Government
pardoned Gogbe in December.
The Government has also used the press law to counter
opposition journalists and to stifle investigations into
"sensitive" national security issues.  The authorities arrested
the publisher and a journalist from La Voie, a daily newspaper
associated with the Ivorian Popular Front (FPI), in April for
publishing an article calling for civil disobedience using
legal means.  The two received sentences of 3 years in prison
for disturbing the public order and inciting revolt.  The
publisher, who is also the second ranking official of the FPI,
lost his final appeal to the Ivorian Supreme Court in
November.  The two were released from prison on December 16 as
part of a general Christmas amnesty.  In September a journalist
from Soir-Info, writing an investigative article on the
Republican Guard, was incarcerated for 8 days before police
released him.  The journalist was not charged until 4 days
after his arrest; the charges were later dropped.
In December police in Agnibilikrou arrested journalist
Frederick Konate Ousmane while he was researching an article on
the family origins of President Bedie.  Police took Ousmane to
the Abidjan headquarters, interrogated him, and released him
the following day on orders from Security Minister Kone.
The Government owns both television networks and a major radio
station.  There are also four nongovernment radio stations and
a private television subscription service, Canal Horizon.
While the independent stations have complete control over their
editorial content, the Government continues to exercise
considerable influence over official media program content,
news coverage, and other matters, using these media to promote
its policies.  Much of the news programming is devoted to
coverage of the activities of the President, the Government,
and the PDCI.
Many prominent Ivorian scholars are active in opposition
politics and have not suffered professionally, although some
teachers and professors suggest that they have been transferred
because of their political activities.  The student union
reports that the police have used informers at the University
of Abidjan to provide data on dissident political activity.  In
April and May FESCI members accused the police of using student
informers to indicate prominent members of FESCI to the police.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly, but in
practice that freedom is restricted when the Government
perceives a danger to public order.  Opposition parties assert
that the Constitution permits private associations to form
without registration.  The Government rejects this
interpretation and requires all organizations to register
before commencing activities.  There were no reports in the
past 3 years of denial of registration.  Ivorian law prohibits
the formation of political parties along ethnic or religious
lines.  In 1991 the Government banned FESCI for failure to
register properly.  The ban was never rescinded, although FESCI
was allowed to operate openly until May.  At that time, the
Government again insisted that the organization was banned,
arresting several members of its executive bureau (see Section
1.d.).
Permits are required for public meetings and are sometimes
denied to the opposition, but never to the ruling PDCI.  Police
occasionally prohibit gatherings to prevent the expression of
controversial views.  In February 1992, the Government banned
all outdoor public meetings "until further notice"; that ban
has not been rescinded, though it is no longer strictly
enforced.  An "antivandal" law passed by the National Assembly
in 1992 holds organizers of a march or demonstration
responsible if any of the participants engage in violence.
LIDHO and all major opposition parties condemned the law as
unduly vague and as one which imposed collective punishment for
the crimes of a few.  Following the arrest of two opposition
journalists, leaders of the Ivorian Popular Front canceled an
announced protest march in April, saying they feared arrest
under the antivandal law.
     c.  Freedom of Religion
There are no known impediments to religious expression.  There
is no dominant religion, and no faith is officially favored.
The Government permits the open practice of religion, and there
are no restrictions on religious ceremonies or teaching.
Nevertheless, certain segments of the Muslim community feel
targeted for discrimination (see also Section 5).  An incident
in which police arrested 11 persons in a clash at an Abidjan
mosque in June especially outraged Muslims.  The National
Islamic Council reported that the police were performing
identification checks during prayer time on Friday and that
they used undue force.  A Commission of Inquiry, which included
representatives of the National Islamic Council, found in
August that police had ceased identification checks and used
only necessary force in self-defense.  Many Muslims also resent
what they see as undue interference by the Government in
Islamic affairs.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
While the Government does not generally restrict internal
travel, uniformed police regularly extort small amounts of
money or goods for contrived or minor infractions by motorists
or passengers on public conveyances.  The Government has made
no visible effort to stop this misuse of authority.
Ivorians normally may travel abroad and emigrate freely, and
have the right of voluntary repatriation.  There are no known
cases of revocation of citizenship.  However, the Government
sometimes restricts foreign travel for political reasons.  In
1993 the Government twice refused the president of LIDHO
permission to travel to conferences abroad.  However, it did
not prevent him from traveling to Rwanda and Geneva in 1994 as
the United Nations Special Rapporteur.
Cote d'Ivoire's refugee and asylum practices are liberal.  The
Government respects the right to first asylum and does not deny
recognition to refugees, either by law or custom.  Cote
d'Ivoire currently hosts some 350,000 refugees from the
Liberian civil war.  No cases of involuntary repatriation were
reported in 1994.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Whether citizens have the ability to exercise this
constitutional right in practice is not yet known.  Multiparty
elections were first permitted in 1990.  While opposition
parties ultimately acquiesced in the results, which gave 165
of the 175 National Assembly seats to the PDCI, the elections
were flawed.  Before the presidential elections, the National
Assembly effectively restricted the number of candidates by
imposing the stringent requirement that each candidate must pay
a large deposit (approximately $80,000), refundable only if the
candidate received more than 10 percent of the vote in the
first round of balloting.  Opposition parties, which became
legal only in May 1990, charged that they had inadequate time
to prepare for elections held from October through December of
the same year.  Further, they faced onerous restrictions on
holding meetings and demonstrations and unequal access to the
state-controlled media.  There were numerous complaints by
opposition parties of ballot-box stuffing, procedural
irregularities, and polling places that were fictitious or
belatedly designated.  In the legislative elections, the names
of well over 100 duly registered candidates did not appear on
the ballot.
Elections are held every 5 years, with the next round scheduled
for 1995; the balloting is secret.
The President is both Head of State and President of the PDCI.
An appointed Prime Minister, who serves at the pleasure of the
President, controls day-to-day governmental affairs and
economic policy.  With 3 seats vacant, the PDCI holds 162 of
the 175 seats in the National Assembly, which in practice is
subordinate to the executive branch.  Two opposition parties,
the Ivorian Popular Front (FPI) and the Ivorian Workers' Party
(PIT), originally won seats in the National Assembly.  A third
opposition party, the Rally of Republicans (RDR), broke away in
1994 from the ruling PDCI, taking an additional nine deputies
away from the PDCI.  While active and vocal, the opposition is
not yet well enough represented to act as an effective
counterweight to the powerful Presidency and the domination of
PDCI.
There are no restrictions in law or practice on the
participation of women in politics, and they play an active
role in Ivorian society and government.  Two cabinet ministers
are women, but women play a limited role in the National
Assembly, holding only 8 of the 175 seats.  Women hold 5 of the
36 leadership positions in the Assembly.  Two members of the
Supreme Court are women.
There are no impediments to the exercise of political rights by
any one of the over 60 ethnic groups.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
LIDHO, formed in 1987 and recognized by the Government in July
1990, has actively investigated alleged violations of human
rights and issued press releases and reports, some critical of
the Government.
The Government has been cooperative towards international
inquiries into its human rights practices.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Discrimination based on race, ethnicity, national origin, sex,
or religion is against the law, but in practice women occupy a
clearly subordinate role in society.
     Women
In rural areas, ethnic customs dictate that women perform most
menial tasks, although farm work by men is also common.
Government policy encourages full participation by women in
social and economic life, but there is considerable informal
resistance among employers in hiring women, whom they consider
less dependable by virtue of potential pregnancy.  Women are
underrepresented in some professions and in the managerial
sector as a whole.  Women in the formal sector, however, are
paid on an equal scale with men.
Representatives of women's organizations state that wife
beating--while not widespread--does occur and often leads to
divorce.  Doctors state that they rarely see the victims of
such violence.  A severe social stigma is attached to such
violence; neighbors often intervene in a domestic quarrel to
protect a woman who is the object of physical abuse.  The
courts and police view such domestic violence as a family
problem, unless serious bodily harm is inflicted or the victim
lodges a complaint, in which case they may initiate criminal
proceedings.  The Ivorian Association for the Protection of
Women has been concerned by the indifference of authorities to
female victims of violence and by reports that women who are
the subject of rape or domestic violence are often ignored or
mistreated when they attempt to bring the violence to the
attention of the police.  The Government has no clear-cut
policy regarding spouse abuse beyond the obvious strictures
against violence in the Civil Code.
     Children
The Ministries of Social Affairs and of Health and Social
Protection seek to safeguard the welfare of children, and the
Government has also encouraged the formation of nongovernmental
organizations, such as the Abidjan Legal Center for the Defense
of Children.
There is a parental preference for educating boys rather than
girls, which is noticeable throughout the country but more
pronounced in rural areas.  According to a 1991 U.N. report,
females in Cote d'Ivoire receive only one-third of the
schooling of males.  Sexual harassment of female students by
male teachers is commonplace.
Female genital mutilation (FGM) is illegal in Cote d'Ivoire but
is nevertheless practiced, particularly among the rural
population in the north and west.  The procedure is usually
performed on young girls or at puberty as part of a rite of
passage; it is generally done outside modern medical facilities
and may be extremely painful and dangerous to health.  The
Government does not make strong efforts to prevent the
practice, and traditional authorities in rural areas continue
to uphold it.  According to an independent expert in the field,
as many as 60 percent of Ivorian women have undergone FGM.  The
practice is becoming less common as the population becomes
urbanized and better educated.
     People with Disabilities
There are no laws mandating accessibility for the disabled.
Laws do exist prohibiting the abandonment of the mentally or
physically handicapped, as well as enjoining acts of violence
directed at them.  Traditional practices, beliefs, and
superstitions vary, but infanticide in cases of serious birth
disabilities is less commonplace.  Disabled adults are not the
specific targets of abuse, but it is difficult for them to
compete with able-bodied workers in the tight job market.  The
Government supports special schools, associations, and
artisans' cooperatives for the disabled.
COTE_D_I2
TITLE:  COTE D'IVOIRE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
Workers have the legal right to form unions.  For almost 30
years, the government-sponsored labor confederation, the
General Union of Workers of Cote d'Ivoire (UGTCI), dominated
most union activity.  The UGTCI's hold on the labor movement
loosened in 1991 when several formerly UGTCI-affiliated unions
broke away and became independent.  In 1992, 11 formerly
independent unions joined together to form the Federation of
Autonomous Trade Unions of Cote d'Ivoire (FESCACI).  Unions are
freely allowed to join these and other groups and international
bodies.  Registration of a new union requires 3 months under
Ivorian law.
The right to strike is provided by the Constitution and by
statute.  The Labor Code requires a protracted series of
negotiations and a 6-day notification period before a strike
may take place, effectively making legal strikes difficult to
organize.  The UGTCI seldom calls strikes.  Non-UGTCI unions
frequently called strikes in the past.
     b.  The Right to Organize and Bargain Collectively
The Labor Code grants all Ivorians the right to join unions and
to bargain collectively.  Collective bargaining agreements are
in effect in many major business enterprises and sectors of the
civil service.  In most cases in which wages are not
established in direct negotiations between unions and
employers, salaries are set by job categories by the Ministry
of Employment and Civil Service.  Labor inspectors have the
responsibility to enforce a law which prohibits antiunion
discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
There were no reports of forced labor, which is prohibited by
law.  However, the ILO's Committee of Experts in its 1993
annual report questioned a decree that places certain
categories of prisoners at the disposal of private enterprises
for work assignments without their apparent consent.
     d.  Minimum Age for Employment of Children
In most instances, the legal minimum working age is 16, and the
Ministry of Employment and Civil Service enforces this
provision effectively in the civil service and in large
multinational companies.  Ivorian labor law limits the hours of
young workers, defined as those under 18, compared to the
regular work force.  However, children often work on family
farms, and some children routinely act as vendors in the
informal sector in cities.  There are reliable reports of some
use of child labor in informal sector mining and also of
children working in "sweatshop" conditions in small workshops.
Many children leave the formal school system at an early age;
primary education is mandatory but far from universally
enforced, particularly in rural areas.
     e.  Acceptable Conditions of Work
The Government administratively determines monthly minimum wage
rates, which were last adjusted following devaluation of the
CFA franc in January 1994.  A slightly higher minimum wage rate
applies for construction workers.  The Government enforces the
minimum wage rates only for salaried workers employed by the
Government or registered with the Social Security office.
Minimum wages vary according to occupation, with the lowest set
at approximately $70 (CFA francs 36,307) per month, which is
insufficient to provide a decent standard of living for a
worker and family.  The majority of Ivorians work in
agriculture or in the informal sector where the minimum wage
does not apply.
Through the Ministry of Employment and the Civil Service, the
Government enforces a comprehensive Labor Code governing the
terms and conditions of service for wage earners and salaried
workers and providing for occupational safety and health
standards.  Those employed in the formal sector are reasonably
protected against unjust compensation, excessive hours, and
arbitrary discharge from employment.  The standard legal
workweek is 40 hours.  The law requires overtime payment on a
graduated scale for additional hours.  The Ivorian Labor Code
provides for at least one 24-hour rest period per week.
Government labor inspectors can order employers to improve
substandard conditions, and a labor court can levy fines if the
employer fails to comply.  In the large informal sector of the
economy, however, involving both urban and rural workers, the
Government's occupational health and safety regulations are
enforced erratically at best.  Ivorian workers in the formal
sector have the right, under the Labor Code, to remove
themselves from dangerous work without jeopardy to continued
employment by utilizing the Ministry of Labor inspection system
to document dangerous working conditions.  However, workers in
the informal sector cannot ordinarily remove themselves from
such labor without losing their employment.
CROATIA1
MsMsTITLE:  CROATIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            CROATIA
Three years after the Republic of Croatia declared
independence, one-quarter of its land continued to be occupied
by rebel Serbs.  No progress was made in 1994 in implementing
the Vance Peace Plan, and the United Nations Protective Force
(UNPROFOR) continued its peacekeeping activities in four U.N.
protected areas (UNPA's).  A March cease-fire created a
2-kilometer-wide zone of separation and led to a dramatic
decrease in violence.  In December the Government and the rebel
Serbs agreed upon a package of economic and confidence-building
measures, the implementation of which began with the opening of
the Zagreb-Belgrade highway to civilian traffic on December 21.
Croatia is a constitutional parliamentary democracy with a
powerful presidency.  President Franjo Tudjman, elected in
1992, serves as Head of State and commander in chief of the
armed forces, chairs the influential National Defense and
Security Council, and appoints the Prime Minister, who leads
the Government.  President Tudjman's party, the Croatian
Democratic Union (HDZ), holds the majority of seats in both
houses of Parliament.  Government influence weakens the
nominally independent judiciary.  The enormous constitutional
powers of the presidency, the military occupation of large
sections of the country, and the overwhelming dominance of one
political party tend to stifle the expression of diverse views.
The Ministry of Defense oversees the military, while the
Ministry of the Interior oversees the police.  Both police and
military personnel were responsible for abuses, including
physical abuse of prisoners and detainees.
In the Serb-controlled UNPA's, the well-armed police and
military forces of the self-proclaimed "Republic of Serbian
Krajina" ("RSK") continued their pattern of egregious human
rights abuses against both Serbs and non-Serbs, including
physical violence and "ethnic cleansing."  Of the 44,000 Croats
who before the conflict lived in what is now UNPA Sector South,
only 800 to 900 remain.  In Sector North, only 1,000 Croats of
an original population of 112,000 remain.
Croatia has a mixed economy in which industry is largely state
owned, and agriculture is mostly in private hands.  The
Government's stabilization program, introduced in 1993,
continued to keep inflation low, but little progress was made
on either privatization or free market reforms.  The continuing
division of the country, the massive refugee problem, and the
threat of renewed war all limited economic recovery.
While the use of violence by security forces against Serbs in
government-controlled areas declined, cases of disappearance
and harassment continued near the frontline areas.  Ethnic
Serbs continued to suffer from ever-present, subtle, and
sometimes open discrimination in such areas as the
administration of justice, employment, housing, and the free
exercise of their cultural rights.  In fewer numbers than in
previous years, Serbs were also victims of anonymous threats,
vandalism, and--more rarely--physical attacks.  Many Serbs left
Croatia during the year as a result of the combined economic
discrimination and physical threats, although the total number
was impossible to determine.  The Government made only token
efforts to arrest and prosecute the perpetrators of the more
egregious abuses committed in 1992 and 1993 and continued to
discriminate against non-Croats in the granting of
citizenship.  Early in the year, the Government also
discriminated against Muslim refugees from Bosnia, using
arbitrary detention and forced repatriation.
In the Serb-controlled portions of the UNPA's, there was no
improvement in the human rights situation.  The police and
military forces of the "RSK" continued to use violence,
intimidation, harassment, and displacement against nonethnic
Serbs to achieve the goal of ethnic cleansing.  All residents
were subjected to a totally controlled legal system operating
in an atmosphere without any of the basic human rights of
freedom of expression, assembly, press, religion, movement, or
the right to change their government.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no substantiated reports of politically motivated or
other extrajudicial killings in government-controlled parts of
Croatia.  However, opposition and human rights groups
criticized the failure of Croatian authorities to bring to
justice the parties responsible for several cases from previous
years, particularly those of Serbs killed in 1991 and 1992.
Those allegedly implicated in the killings include personnel in
the Defense and Interior Ministries, but the Government
insisted the charges were baseless.
Reports of political killings in the Serb-occupied UNPA's also
decreased, although a disproportionate number of homicide
victims in the "RSK" were non-Serbs.  More than one-third of
the reported 68 homicide victims in the Serb-controlled UNPA's
were non-Serbs, according to local (Serbian) police.  Out of an
estimated remaining Croatian population in Serb-controlled
territory of perhaps 4,000, 16 ethnic Croats (or one out of
every 250) were murdered during the year.  Serbian forces
allegedly committed several murders along the confrontation
line, including the mass murder of five men in May in Sector
West, and the killing of a fisherman near the Dalmatian coast
in August.  Police apprehended no suspects.  A Dutch citizen
fighting in the Croatian armed forces died while in custody of
Serbian forces several days after his capture near the front
lines in April.
Serbian obstructionism continued to block the excavation of the
mass grave sites in the UNPA's.  In the case of the mass grave
of presumed murdered Serbs exhumed in Sector West in October
1993, the Croatian Government has still not brought any charges.
     b.  Disappearance
There were few new cases of disappearances reported.  At year's
end, the Government reported more than 2,500 cases of missing
persons still unresolved from the 1991-1992 war.  This figure
was down from over 7,000 cases at the beginning of the year.
Progress was made in removing names from the list of the
missing as a result of prisoner and body exchanges.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture or cruel or degrading
punishment, but government forces continued to commit such
abuses.  There were credible reports that security forces
frequently beat and mistreated prisoners during detention and
interrogation, particularly early in the year.  The best
documented cases typically involved Serbian or Muslim
prisoners.  Helsinki Watch indicated in February that the
authorities at Lora prison in Split had engaged in the torture
and beating of prisoners who were former Yugoslav National Army
(JNA) reservists.  Six Serbs captured in early July, however,
who the Croats claim had infiltrated across the front lines,
reported no beatings or mistreatment to the European Community
Monitoring Mission which visited them.
Detention facilities generally meet accepted standards of
cleanliness, nutrition, and amenities.  Jails are crowded, but
not to excess, and family visits and access to counsel are
available.
Prison conditions in the Serb-controlled UNPA's, however, are
reliably reported to be abysmal.  Harsh treatment of non-Serbs
is commonplace, and the Serbian "authorities" do not punish
abusers.  Two journalists who were detained in December by
local police and paramilitary forces were beaten, as well as
subjected to psychological torture, such as death threats.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution contains provisions to protect the legal
rights of all accused, but the Government does not respect
these rights in practice.  The Government frequently abuses
pretrial and investigative detention.  Most cases of arbitrary
arrest or detention involved Muslim residents and refugees in
Croatia early in the year, while Croatian and Bosnian
government troops were fighting in neighboring Bosnia and
Herzegovina.  There were no large-scale police sweeps nor
attempted forced repatriations such as took place in late 1993,
but refugee organizations continued to report instances in
which police arbitrarily detained Muslim refugees from Bosnia
and Herzegovina and threatened them with forcible expulsion.
Police normally seek arrest warrants by presenting evidence of
probable cause to an interrogating magistrate.  Police may
arrest a suspect without a warrant if they believe he might
flee, destroy evidence, or commit other crimes.  If police
arrest a suspect without a warrant, they have 24 hours in which
to justify their decision before the local interrogating
magistrate.
After arrest, persons must be given access to an attorney of
their choice within 24 hours; if they have no attorney, the
interrogating magistrate will appoint one from a list of public
defenders.  The interrogating judge must, within 3 days of the
arrest, decide whether sufficient cause exists to hold the
arrestee in custody, pending further investigation.  The judge
must justify the decision in writing, including the length of
detention ordered.  These decisions may be appealed, either
immediately or later during the detention period.  The usual
period of investigative detention varies from a few days to a
few weeks but by law may be as long as 2 years.  Accused
persons have the right to have their attorney present during
the entire investigation as well as during any appeal of
investigative detention.  While this is typically the case,
there were instances in which detainees did not have adequate
access to legal counsel.
In practice, arrestees are almost always bound over for
investigation unless it is clear no case against them exists.
Once the investigation is complete, persons are usually
released on their own recognizance pending trial, unless the
crime is a major offense or the accused is considered a public
danger.  There are no provisions for posting bail, although
police will sometimes retain the accused's passport to prevent
him from leaving the country.
In the Serb-controlled areas of the UNPA's, virtually no
safeguards exist against arbitrary detention, and Serbian
forces continued to use detention to intimidate non-Serbs.
Many cases involved residents of the Bihac pocket in western
Bosnia and Herzegovina, who had to transit Serb-held territory
to reach the outside world.  In August Serbian forces arrested
a Catholic priest as he fled the fighting in the Bihac pocket
and held him for several weeks without charge before his
release could be negotiated.  Serbian forces also commonly
arrested Croatian civilians in the separation zone created by
the March cease-fire agreement, charging that they were
illegally attempting to enter the "RSK."
The Constitution prohibits exile, and it is not practiced.
     e.  Denial of Fair Public Trial
The legal system consists of municipal and district courts, a
Supreme Court, and a Constitutional Court.  The High Judicial
Council (with a president and 14 members from all parts of the
legal community) appoints judges and public prosecutors.
Judicial tenure is permanent.  The House of Counties nominates
persons for membership on the High Judicial Council, and the
House of Representatives elects members to 8-year terms.  The
11 judges of the Constitutional Court are elected to 8-year
terms in the same manner.
The judicial process is not free of ethnic bias or political
influence.  The Government has not yet established the
Provisional Court of Human Rights, mandated by a 1992
constitutional law on minorities.  The emergency measures
established in 1991 are still being applied, despite a number
of appeals by the U.N. Special Rapporteur that these be
abolished.  The orders provide for the suspension of certain
remedies in legal proceedings and give the six-court military
legal system jurisdiction over a large number of cases
involving civilians.
Although the Constitution provides for the right to a fair
trial and a variety of due process rights in both civilian and
military courts, in practice, the prosecuting attorney has
leeway in deciding whether to bring a case against an
individual, and, in cases considered "political," both the
indictment and the conduct of trials are sometimes subject to
outside influence.  In the case of nine members of the
Dalmatian Action Party arrested on suspicion of having plotted
the bombing of their own political party offices in September
1993, the local military court took jurisdiction.  Two trial
sessions were held, the latest in April.  Observers believe
that, as the case looked increasingly weak, the prosecution
decided to suspend action.  The prosecution did not dismiss the
charges, however, which observers decried as an attempt to keep
the defendants in legal limbo in order to hamper their
political activities.
The legal system in the Serb-controlled UNPA's remained a sham,
with its procedures and practices increasingly open to outside
interference by those in power.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution declares the home inviolable.  Only a court
may issue a search warrant, stating the justification for the
search of a home or other premises.  Police may enter a home
without a warrant or the owner's consent only if necessary to
enforce an arrest warrant, apprehend a suspect, or prevent
serious danger to life or important property.  In practice, the
authorities often failed to adhere to these constitutional
requirements.
Military or civil police carried out evictions by force,
involving several hundred families, ethnic Serbs and Croats as
well as Muslims.  In Split, 230 families were reported to be
seeking through the courts to remove soldiers who had seized
their apartments.  Almost all of these cases involved
apartments previously owned by the JNA, over which the Ministry
of Defense asserted ownership.  Referring to property laws
which remove tenancy rights as a result of any 6-month absence
or if the tenant is ruled to have acted against the interests
of Croatia, the Ministry of Defense granted soldiers tenancy of
occupied flats.  The soldiers then frequently took residences
by force of arms, either evicting the current tenants or
forcing them to cohabitate.
During the year, human rights organizations became increasingly
effective at calling public attention to forced evictions, and
their members turned up in large numbers at the announced time
of the eviction.  But in at least two cases, police beat and
injured human rights monitors seeking to obstruct an eviction.
In May the Defense Ministry issued public orders to remove any
soldiers who had illegally forced their way into an apartment,
using force if necessary.  But military police never carried
out these orders, reporting privately to observers that their
commanders had told them to refrain from arresting the
soldiers.  The tenants of these apartments were typically
Serbian families or the spouses and children of Serbs in the
JNA who had left Croatia.  At a July 12 press conference,
President Tudjman justified the forced evictions by linking
them to the Serbian aggression against Croatia and eviction of
one-quarter million Croats.
The Constitution guarantees the secrecy and safety of personal
data, but it was unclear if such guarantees were adhered to in
practice.
Serbian authorities in the UNPA's showed no compunction about
interfering with the privacy rights of the inhabitants of those
areas, particularly non-Serbs.  UNPROFOR continued to provide
24-hour patrols of several minority villages to protect the
inhabitants from armed bands.  The practice of forcibly moving
Serbian refugees or soldiers into the homes of non-Serb
residents continued as well, which was clearly designed to
pressure the non-Serbs to leave.  One couple in Sector West was
forced to live in their pantry after Serbian soldiers took over
the remainder of the house and Serbian refugees moved into
their outbuildings.  Inhabitants were even denied the right to
talk on the telephone, with the authorities putting severe
restrictions on international observers who provided mobile
telephones to villagers during visits to permit them to call
relatives on the other side of the line.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
On March 29, the Government and the leadership of the "RSK"
signed a comprehensive cease-fire agreement in Zagreb, the
capital, which successfully reduced the amount of shelling to
almost zero and the number of shooting incidents by about
99 percent.  There were only a handful of fatalities during the
year from shooting incidents involving cease-fire violations.
However, occasional shelling did occur from Bosnian Serb
positions bordering Croatia, most commonly onto the Slavonian
city of Zupanja and onto the area around the Dubrovnik
airport.  These attacks caused substantial property damage but
no reported fatalities.
In October and November, the "RSK" military began a
concentrated campaign of bombardment and ground attacks against
the territory held by the Government of Bosnia and Herzegovina
in a region known as the Bihac pocket.  The Krajina Serbs
coordinated these attacks with Bosnian Serb and rebel Muslim
forces.  The bombings included both artillery and air attacks
and were frequently directed against civilian population
centers such as Bihac town, Cazin, and Velika Kladusa.  Targets
included the civilian hospital in Bihac.  Numerous civilian
casualties resulted from the attacks.  In addition, the "RSK"
used restriction of humanitarian aid as a weapon against the
population of the Bihac pocket, completely shutting off access
to government-controlled portions of the pocket for U.N. aid
convoys from May until late December.
With small steps toward normalization along the confrontation
line under the March 25 cease-fire, the extent of previous
mine-laying during the conflict was increasingly evident.
UNPROFOR troops, as well as soldiers and civilians from both
sides, were victims of unmarked and uncleared minefields.  A
particularly dangerous situation arose in August when the
forces of Bosnian Muslim rebel leader Fikret Abdic were
defeated by the Bosnian army and tens of thousands of people
left the Bihac pocket, forcing their way into the separation
zone to demand entry into government-controlled Croatia.  The
Government refused to grant entry, and the refugees refused to
turn back and leave the heavily mined area.  Despite efforts by
UNPROFOR to clear the immediate area of mines, several refugees
were injured by mine explosions.
Croatian citizens, originally from Bosnia and Herzegovina,
reported that the Government forcibly mobilized them to fight
in the Bosnian Croat paramilitary forces during the first few
months of the year.
For 5 weeks in the summer, Croats displaced from the Serb-
occupied areas of Croatia blocked all checkpoints into the
UNPA's, protesting the ineffectiveness of UNPROFOR in
reintegrating the occupied territories into Croatia and in
assisting the return of the displaced to their homes.  They
also accused UNPROFOR of supplying the Serbs with
nonhumanitarian supplies, including fuel.  UNPROFOR accused the
Government of being behind the blockades and violating its
international legal obligations.  While it was not clear that
the Government actually organized the blockades, the protesters
clearly enjoyed government sympathy and support.  After the
Government negotiated an inspection procedure to verify that
UNPROFOR personnel were not transporting any contraband into
the UNPA's, the blockade was lifted.
In the Serb-occupied UNPA's, expulsions, in the form of ethnic
cleansing, continued to be used aggressively and with the
blessing of local "officials" against Croats, Hungarians,
Slovaks, Czechs, and other non-Serbs.  Throughout the year
UNPROFOR and other international agencies organized the transit
of a slow but steady stream of non-Serbs out of the UNPA's.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of thought and
expression, specifically including freedom of the press and
other media of communication, speech, and public expression,
and free establishment of institutions of public
communication.  In practice, government influence on the media
through state ownership of most print and broadcast outlets
limits these freedoms.  In addition, government intimidation
induces self-censorship.  Politicians, political activists, and
journalists are often reluctant to criticize the Government in
public forums for fear of harassment, job loss, intimidation,
or being labeled a traitor to war-torn Croatia.
The Government controls all national television broadcasting
and all but one national radio station, and retains a
controlling interest in two of four news dailies and some
weeklies.  The sale of a majority of shares in the leading
newspaper, Vjesnik, to a local bank appeared to increase rather
than reduce government influence at the paper.  The chairman of
the bank's board of directors is an HDZ Member of Parliament,
and the editor in chief of the paper was replaced in December
by a less experienced journalist, who despite claiming no party
affiliation, had close links with the HDZ.  Although these
state-controlled or heavily state-influenced media,
particularly the press, frequently carry reportage critical of
the Government, government control nonetheless ensures an
overall editorial slant generally favorable to the Government
and the HDZ.  Each of the opposition parties is allocated 4
minutes of television time per week.  Access to the print media
is minimal, with occasional coverage of press conferences and
interviews.  Two nationally publicized instances of physical
threats against journalists by local politicians generated
media debate but no action by the Government.
A few newspapers continue to guard their independence,
including the daily Novi List in Rijeka, the weekly Globus, the
intellectual bimonthly journal Erasmus, the satirical weekly
Feral Tribune, and the weekly Arkzin, published by "the Antiwar
Campaign."  A new weekly, Pecat, with an independent editorial
line began publishing in September.  Even some extremist
publications, with a virulently antigovernment slant, could be
purchased at newsstands, although they had very small
circulation.  The highly popular Feral Tribune, whose material
continued to push the boundaries of good taste, was
reclassified for tax purposes as a pornographic magazine and,
therefore, subject to a 50-percent turnover tax.  The Minister
of Culture admitted that this reclassification was a result of
Feral's continuing attacks on the Government.  International
papers and journals remained available throughout
government-controlled areas, including Serbian periodicals
which subscribers continued to receive by mail.
Croatia has four major television channels, as well as regional
stations in Zadar, Split, Vinkovci, and Osijek.  Zagreb-based
Channels One, Two, and Four are part of the official Croatian
Radio and Television enterprise (HTV), headed by a well-known
HDZ member.  Zagreb Channel Three, OTV-youth television, with a
signal that reaches only the capital district, has an uncertain
legal status and operates at the sufferance of the Government.
Parliament in July passed a broadcasting law providing for the
allocation of radio and television frequencies to new, private
outlets, but the Government has not yet implemented it.
Private local radio stations operate under provisional licenses
in Croatia, but their legal status is open to question until
the media law is implemented.  The broadcasting law mandates
that one parliamentary member of the Council for Croatian
Television be a minority representative, but this person has
not yet been appointed.  A seven-member council of government
and nongovernmental representatives, established by Parliament
in 1993 to protect the freedom of the press, has yet to meet
because Parliament failed to appoint a chairman until late in
the year.
In the Serb-controlled portions of the UNPA's, freedom of
speech and press virtually does not exist.  With martial law
still in effect, there are no guarantees of press and other
freedoms, and the authorities control the tone and content of
the media.  Serbian papers, usually published in Belgrade, are
generally available, although the supply is sometimes
sporadic.  There is one small paper published weekly or
biweekly in Serbian in Sector North.
A few low-powered local radio "stations" broadcast from
Serb-held territory in some of the UNPA's, and Croatian radio
and television signals are received in these areas as well.
The Serbian Television Krajina, whose studios are in Petrova
Gora and Knin, broadcasts daily.  Two other Serbian mobile
studios operate out of Beli Manastir and Plitvice.
Academic freedom is generally respected in Croatia.  However,
there is apprehension within the academic community concerning
the centralizing effects on faculty and programs of the
university reform law.  When it became apparent that the new
government Council for Higher Education could not review all
the revised academic programs prior to the start of the 1994-95
school year, the Government delayed introduction of the new
curriculums.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides that all citizens have the right to
peaceful assembly and association for the protection of
citizens' interests or the promotion of social, economic,
political, national, cultural, and other convictions and
objectives.  Citizens may freely form, join, and leave
political parties, trade unions, and other associations.  In
practice, the rights of peaceful assembly and association are
respected in Croatia.  The Government requires permits for
rallies but grants them routinely.  Political parties, refugee
associations, women's groups, and others held peaceful rallies
and demonstrations without hindrance or incident.  These
gatherings included events which both supported and criticized
government policies.  All citizens enjoyed these rights,
including members of the Serbian and Muslim communities.
In Serb-controlled areas, however, these rights were not
respected.  In the fall, local media reported that several men
were arrested in the Serb-held town of Benkovac when they
protested a recent military mobilization by local Serbian
authorities.
     c.  Freedom of Religion
There is no state religion.  The Constitution provides for
freedom of conscience and religion and free public profession
of religious and other convictions.  All religious communities
are free to conduct public services and to open and run social
and charitable institutions.  Roman Catholicism, Eastern
Orthodox Christianity, and Islam are the major faiths in
Croatia, and there is also an active Jewish community.  The
majority of practicing Croats are Roman Catholic, and the
Government provides an option of Catholic religious education
in schools.
There are no formal restrictions on religious groups.  The main
mosque in Croatia is in Zagreb, where it serves not only as a
religious center but also as a social aid office for the large
Bosnian Muslim refugee population.  Croatian Protestants from a
number of denominations, as well as foreign clergy, actively
practice and proselytize.  Some foreign religious organizations
seeking to provide social services reported bureaucratic
obstacles to their establishment in Croatia, but it was unclear
if this had any connection to their religious character.  A
Baptist church seeking to purchase property for a new church
site also reported problems receiving the necessary approvals.
The close identification of religion with ethnicity had earlier
caused religious institutions to be targets of violence.  The
investigation into the bombing of the Serbian Orthodox eparchy
in Karlovac on December 24, 1993, led to no arrests.  During
the night of December 20, a bomb exploded inside the Orthodox
church of the eastern Slavonian city of Osijek, causing some
damage.  Police have not arrested any suspects.  The Serbian
Orthodox Cathedral in downtown Zagreb remained open, and
several other Orthodox churches and monasteries operated freely
in government-controlled Croatia.  Although the majority of
Orthodox clergy left at the start of the war in 1991, a few
priests and nuns, most of them retired, remained to carry out
religious duties.  International human rights monitors said
these clergy reported generally good relations with their
Catholic neighbors.
CROATIA2
`TITLE:  CROATIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Most Catholic churches in the Serb-occupied UNPA's have been
destroyed.  In Sector East, only one active Catholic priest (a
Slovak) remained.
While most requests for conscientious objector exemption from
military service were granted, a human rights organization
voiced concern over the denial of conscientious objector status
earlier in the year to some who refused mobilization to fight
in the Bosnian Croat paramilitary forces against the Bosnian
government army.  Serbian human rights groups also claimed that
the authorities withheld conscientious objector status from
ethnic Serbs who were called up for service, including several
who were awaiting final rulings on their citizenship status and
were therefore not obligated for military service.  There is no
provision for conscientious objector status in the
Serb-occupied areas.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Although the Constitution states that anyone who is lawfully in
Croatia has the right freely to move and choose a residence,
the Government places certain restrictions on this right.  All
persons must register their residence with the local
authorities.  There are no reports that anyone has been refused
the right to register a change of residence, except in cases
where the lodging arrangements are irregular (i.e., an
unauthorized sublet).  One purpose of the law, which is a
holdover from the previous system, is to ensure that landlords
are properly declaring rent, and to ensure that individuals
with "residence rights" to "socially owned" apartments are not
earning illegal rental income.
Citizens have the right to travel abroad, to emigrate, and to
return home.  Under exceptional circumstances, the Government
may legally restrict the right to enter or leave the country if
necessary to protect the "legal order, health, rights, or
freedoms of others."  There is no evidence of government abuse
of this authority.  There are no reports of authorities
refusing entry or exit to any Croatian citizens, except in
infrequent cases of military personnel denied leave when
requested.
There are restrictions on freedom of movement for all
journalists and all male citizens from age 18 through 55 in the
cities and areas close to the confrontation lines.
Journalists, as well as others, must request permission to
enter the conflict zones.
The Government imposed no significant legal restrictions on the
movement of refugees, displaced persons, or national minorities
resident in Croatia.  Many refugees, however, were housed in
remote locations with little or no means of public transport.
There were several confirmed cases of forcible return of
refugees to Bosnia and Herzegovina.  The Government tried to
enforce strictly a policy of admitting no new refugees unless
transit to a third country was assured.  In practice, large
numbers of refugees, primarily Muslims forced from Serb-held
northern Bosnia by ethnic cleansing campaigns, entered Croatia
and stayed, although the number was much lower than in 1992 or
1993.
The Government also continued into early in the year to
relocate refugees from coastal tourist facilities to inland
areas.  Often this policy met with resistance from refugee
groups who did not want to be uprooted and separated from the
people with whom they had spent the last 2 years.  In one
highly publicized case, police and military recruits forcibly
loaded the largely Muslim refugee population of the Savudrija
camp in Istria onto buses and sent them to three other
facilities.  The authorities then turned over the Savudrija
camp to the mainly Bosnian Croat residents who had been living
at the Pineta tourist resort, which was being returned to its
Slovenian owners.
The authorities in Serb-controlled areas continued to enforce a
coercive regime, including curfews and strict travel
limitations near the front lines.  Threats against the
non-Serbs in protected villages effectively confined them to
their homes.  Serbs who crossed over from government-controlled
Croatia were eagerly welcomed for propaganda purposes.
At year's end, an estimated 20,000 of these refugees remained
on Serb-occupied territory in Croatia, although some 6,000 men
from this group had been mobilized by Krajina Serb and rebel
Muslim forces to fight in the Bihac pocket in neighboring
Bosnia and Herzegovina.  Up to 5,000 refugees were believed by
the UNHCR to have left the camps, apparently for territory
taken by the rebel Muslim forces, but information on their
numbers or whereabouts was sketchy at best.  When the Croatian
Government refused to permit entry, the Serbian authorities
provided temporary shelter to some, while abetting the movement
of some 15,000 others into a no man's land in a cease-fire zone
near Karlovac.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Croatia is a multiparty democracy in which all citizens 18
years of age and older have the right to vote by secret
ballot.  The President, elected for 5 years, exercises
substantial power, authority, and influence but is
constitutionally limited to two terms.  Parliament is composed
of the House of Representatives and the House of Zupanije or
Counties, and the Croatian Democratic Union (HDZ) holds a
majority in both houses.  Its leader, President Franjo Tudjman,
was reelected in 1992.  Serbian authorities in the UNPA's
refused to allow residents in the areas they control to
participate in the Croatian election.
Although there are no legal restrictions on participation by
women or minorities in the political process, they are
represented in only small numbers in Parliament, the executive
branch, and the courts.  Nine women hold seats in Parliament,
including one who is the president of the House of Counties and
two who led opposition parties.  Federal election law requires
representation for minorities in Parliament, with proportional
representation for any minority that makes up more than
8 percent of the population.  The Federal Election Commission
designated 13 Serbs to "represent" the Serbian community in
Croatia, which comprises 11 percent of the population, in the
138-seat House of Representatives.  The Social Democratic Party
(the reformed Communist party), which had received 5.4 percent
of the popular vote, obtained 7 of these 13 seats, and the
Serbian People's Party, constituted to represent the Serbian
community's interests, which had received over 1 percent of the
vote, obtained 3 seats.
The "RSK" held elections in December 1993, which neither
UNPROFOR nor any other international body recognized as
legitimate.  No international or other unbiased observers were
present, and the "RSK" authorities clearly manipulated the
vote.  After "RSK" authorities declared that no candidate had
received the necessary 50 percent of the votes to win the
"presidency" (which reportedly required the annulment of many
ballots), they called for a second round of voting in January.
With Belgrade's control of local media outlets, the results of
the second round reversed those of December, and Milan Martic,
the candidate supported by Serbian President Milosevic, "won"
the "presidency."  The "parliament" had a strong plurality of
rival Milan Babic's party members.  No minorities are
represented in either the "parliament" or the "government."
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Human rights groups in Zagreb, Split, Rijeka, and Osijek worked
to prevent human rights abuses in their respective localities
and brought their concerns to the attention of local and
national authorities as well as domestic and international
media.  Principal areas of activity were problems of forced
evictions (see Section 1.f.), citizenship rights and employment
discrimination (see Section 5), and conscientious objectors
(see Section 2.c.).
Government officials continued to refer to certain prominent
human rights organizations and activists in highly critical
terms in public statements and interviews.  Police also failed
to arrest any perpetrators in cases involving personal threats
or attacks against them or their property.  But over the course
of the year, government authorities began to address more
seriously some of the primary concerns of human rights
organizations, such as citizenship rights and evictions,
engaging in a public dialog particularly on the latter issue.
Police were also ordered to refrain from using force against
demonstrators at the sites of planned evictions.  Despite the
increased dialog, however, human rights groups remained highly
critical of the Government's human rights record.
The situation in Split continued to be most hazardous for human
rights monitors due to threats from local extremists.  Local
police beat one monitor as he attempted to prevent a forced
eviction.  Human rights workers in Zagreb also reported
receiving threats against themselves and their families.  The
home of Slobodan Budak, a prominent human rights lawyer and
deputy chairman of the Croatian Human Rights Committee, was
severely damaged by a bomb on the day before he was to cochair
a conference on human rights and the issue of forced evictions.
Major local human rights groups include the Croatian Helsinki
Commission, the Antiwar Campaign, the Dalmatian Solidarity
Committee, the Dalmatian Committee for Human Rights, and the
Center for Peace and Human Rights.  The Serbian Peoples' Party
and the Social Democratic Union have human rights committees.
The Serbian Democratic Forum, another local human rights group,
focused primarily on the concerns of the Serbian community.
All of these groups have publicly criticized the Government's
human rights policy.  International human rights organizations
were also active in Croatia.
The Government cooperated with international investigations of
war crimes carried out by the U.N. Commission of Experts,
permitting free access to refugees for gathering eyewitness
testimony, even in cases in which Croats were the likely
perpetrators of the witnessed atrocities.  The Government
pledged its cooperation with the International Tribunal for the
Prosecution of War Crimes in the Former Yugoslavia in The Hague.
Serbian forces did not permit the formation or functioning of
local human rights groups and impeded the work of international
human rights groups.  Many international relief organizations
refrained from undertaking operations in the Serb-occupied
territories rather than accept the Serbs' demand that they
acknowledge the "RSK" as an independent state.  Only U.N.
personnel and the European Community Monitoring Mission can
observe human rights practices in these areas.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifies that all citizens shall enjoy all
rights and freedoms, regardless of race, color, sex, language,
religion, political or other opinion, national or social
origin, property, birth, education, social status, or other
attributes.  It adds that members of all nations and minorities
shall have equal rights in Croatia.  With the exceptions noted
below, these rights are observed in practice.  One article
provides for special "wartime measures" but states that
restrictions shall be appropriate to the nature of the danger
and may not result in the inequality of citizenship with
respect to race, color, sex, language, religion, or national or
social origin.  Under these measures, these rights have been
observed in practice.
     Women
The law does not discriminate by gender.  In practice, however,
women generally hold lower paying positions in the work force.
The majority of high school and elementary teachers, nurses,
and clerical workers are female.
Although the Government does not collect statistics, informed
observers state that violence against women, including spouse
abuse, is common and that the number of incidents has increased
in the last few years.  Alcohol abuse is commonly cited as a
contributing factor.  Centers for the psychological and medical
care of abused women are open in several cities, and there is a
24-hour hot line in a Zagreb medical center.  A number of local
institutions and voluntary agencies offer social, medical, and
other assistance to abused women and to those traumatized by
war experiences.  Family crisis associations are also active.
Although the number of female-led organizations has increased
since the war, most are devoted to antiwar or humanitarian
causes and are poorly organized and poorly funded.  There is no
national organization of women devoted to the protection of
women's rights.
     Children
The Government has made a strong commitment to the welfare of
children.  Schools provide free meals for children, day
nurseries are available in most communities even for infants,
and medical care for children is free.  There is no documented
pattern of societal abuse or discrimination against children.
     National/Racial/Ethnic Minorities
Other sections of this report address serious human rights
abuses suffered by persons based on their nationality,
including cases of government abuse of ethnic Serbs.
Constitutionally, Croatian Serbs enjoy the same protection as
other self-identified ethnic groups in the country.  In
practice, however, there continues to be ever-present, subtle,
and sometimes open discrimination against Serbs in such areas
as the administration of justice, employment, housing, and the
free exercise of their cultural rights.  Serbs continue to be
particularly vulnerable to attack because of the Government's
reluctance rigorously to protect their rights.  Attacks against
property owned by Serbs, or even Croats with Serb-sounding
names, continued in 1994, though at a lesser rate than in
previous years.  Serbs in Croatia also continued to receive
anonymous threats by mail, phone, and facsimile (fax), but in
fewer numbers than in previous years.  Many Serbs left
government-controlled Croatia during the year as a result of
the combination of economic discrimination and physical
threats.
The makeup of the police force, which consists almost
exclusively of ethnic Croats, some with little experience or
training in police work, contributed to the problem.  As in
previous years, the vast majority of cases involving violence
against Serbs went unpunished.  In one case in Split, an
eyewitness informed the police of the identities of the
vandals--all members of the Croatian army, but the police made
no arrests.  In another case, members of the police force
abducted a recently retired ethnic Serbian policeman,
interrogated him for information about Serbian extremist
groups, and beat him severely before releasing him.
Particularly in the early months of the year, the Muslim
community in Croatia also suffered from harsh ethnic
discrimination.  Croatian attacks against Muslims occurred
particularly on the Dalmatian coast where there was a large
population of Muslim refugees side by side with Croatian
soldiers on leave from the front lines in Bosnia and
Herzegovina (where they had been fighting against the mostly
Muslim Bosnian army).  International refugee organizations took
great pains to provide what protection they could to the Muslim
refugees and rushed through hundreds of cases for resettlement
to third countries.  With the signing of the Muslim-Croat truce
and federation agreement in March, Croatian violence against
Muslims declined drastically.  Muslims report continued
widespread discrimination in many areas, such as citizenship
and employment rights.
The Government's practice of discriminating in the issuance of
citizenship papers toward ethnic minorities, particularly Serbs
and Muslims, drew sharp criticism.  Human rights groups have
numerous documented cases in which the Interior Ministry denied
citizenship papers to long-term residents of Croatia (i.e.,
resident in Croatia long before the country declared its
independence).  They estimated that the Interior Ministry
denied over 13,000 applications for citizenship, the large
majority ethnic Serbs or Montenegrins or persons who had held
positions of importance in former Yugoslav federal
institutions, particularly the JNA.
Human rights groups complain that the Interior Ministry almost
always based its denials on Article 26 of the Law on
Citizenship, which permits it to deny citizenship papers to
persons otherwise qualified to be citizens of Croatia if it
judges there are reasons of national interest to do so.  In
December 1993, the law was amended to strike language that the
reasons for denial should not be explained.  But no language
was added to say that the reasons for denial must be explained,
and human rights organizations reported that the police
continued to refuse citizenship applications without full
explanation.
The Law on Citizenship clearly distinguishes between those with
a claim to Croatian ethnicity and those without.  The "Croatian
people" are eligible to become citizens of Croatia even if they
did not have previous citizenship of the former Socialist
Republic of Croatia, as long as they submit a written statement
that they consider themselves Croatian citizens.  Those who do
not belong to the Croatian people must satisfy more stringent
requirements through naturalization in order to obtain
citizenship, even if they were previously lawful residents of
Croatia as citizens of the former Yugoslavia.  While an
application for citizenship is pending, the applicant is
considered an alien in Croatia and is consequently denied
rights such as social allowances, including medical care,
pensions, free education, and employment in the civil service.
Serbs and other ethnic minorities also suffered from economic
discrimination.  The U.N. Special Rapporteur on Human Rights
noted in his report that "it appears that Serbs and Muslims are
always the first to be dismissed...."  While the difficult
economic situation in Croatia continued to cause high
unemployment for all sectors of society, the Special
Rapporteur's concern was amplified by a large number of
credible reports that Serbs bore a disproportionate burden in
layoffs by a broad variety of employers.  Throughout the year,
human rights organizations continued to receive inquiries from
Serbs who had been fired from their jobs as far back as 1992.
While in many cases it was impossible to determine the
proximate cause for the firing of an employee, there were cases
in which the employee's ethnicity was the stated reason.  In
one case, a doctor of mixed background was removed from a job
in a military clinic because his ethnic background was deemed
unsuitable for treating wounded Croatian soldiers.  In another
case, an ethnic Croatian teacher was fired after a pupil
proclaimed her a "Chetnik" (Serbian extremist), referring to
her husband, an ethnic Serb who fled Croatia in 1991.  In some
cases, despite court orders which confirmed the employee's
right to employment or reinstatement to a previous position,
the employer still refused to rehire workers who had been out
of work since 1992.
The Roma minority continued to face societal discrimination and
official inaction when complaints were filed.  The Croatian
Roma Party claimed that, although the officially registered
number of Roma in Croatia was 120,000, the actual figure was
closer to between 250,000 and 300,000 because many Roma do not
bother to register.  The population of Bosnian Roma refugees in
Croatia was difficult to estimate since the Roma population was
so fluid.  Other minority groups--Slovaks, Czechs, Italians,
Hungarians--did not report any significant discrimination.
The abysmal treatment of non-Serb minorities in the Serb-
occupied UNPA's is discussed in other sections of this report.
     People with Disabilities
There is no specific legislation mandating access to buildings
or government services for people with disabilities.  However,
people with disabilities face no discriminatory measures, and
education and job opportunities generally are available.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides that all workers, except military and
police personnel, are entitled to form or join unions of their
own choosing without prior authorization.  There is an active
labor movement with three national labor federations and
independent associations of both blue-collar and white-collar
members.  In general, unions are independent of the Government
and political parties.  Unions may affiliate internationally.
The Constitution provides for the right to strike except in the
armed forces, police, government administration, and public
services.  Strikes by teachers, textile workers, and others
occurred frequently, in part over the repeated failure of
government-owned or government-run institutions or industries
to pay wages on time.  Few strikes could be termed successful,
as the Government hewed closely to the austerity program it
implemented in October 1993 as part of its economic
stabilization program.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is protected by law and practiced
freely.  Because of inflation and government austerity
measures, the major public service unions found themselves
engaged throughout the year in lengthy negotiations with the
Government over wages and job security.  Like fellow unionists,
the federations found that the Government was regularly late in
meeting its payroll and in ensuring payment of minimum wages.
Many "socially owned" enterprises have been "transformed" or
nationalized as a first step towards privatization.  In the
current transition to privatization and a free market economy,
the unions are under pressure due to job losses, general
unemployment in a weakened economy, and their own struggle to
become genuine free trade unions.
There is no formal body of law or practice dealing directly
with antiunion discrimination issues.  Croatia's trade union
federations allege that union membership frequently constitute
grounds for employment discrimination through transfers to
lower paid jobs, suspensions, disciplinary proceedings,
dismissals, and forced retirements.  They also allege that
management interferes in union elections.  The unions have
taken some cases to court.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory work, and there
were no documented instances of it.  The Ministry of Labor and
Social Welfare enforces this prohibition.
     d.  Minimum Age for Employment of Children
The minimum age for youth employment is 15 years, which the
Ministry of Labor and Social Welfare enforces.  Under the
Constitution, children may not be employed before reaching the
legally determined age, nor may they be forced or allowed to do
work that is harmful to their health or morality.  Workers
under 18 years of age are entitled to special protection at
work and are prohibited from heavy manual labor.  Education is
mandatory up to age 14.
     e.  Acceptable Conditions of Work
There are national minimum wage standards.  Public service
unions are pacesetters for the rest of the work force, and they
were in the forefront of continuing efforts to encourage the
Government to honor its commitments.  The minimum gross monthly
wage was roughly $92 (536.91 kuna).
National regulations provide for a 42-hour workweek, overtime
pay, a half-hour daily break, and a minimum of 18 days of paid
vacation annually.  It is standard practice to provide a
24-hour rest period during the workweek.
The Government sets health and safety standards, and the
Ministry of Health is charged with enforcing them.  In
practice, industries are not diligent in meeting standards for
worker protection, and the Ministry does not enforce them
effectively.
CUBA1
1t1tTITLE:  CUBA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              CUBA
Cuba is a totalitarian state controlled by President Fidel
Castro, who is Chief of State, Head of Government, First
Secretary of the Communist Party, and commander in chief of the
armed forces.  President Castro exercises control over all
aspects of Cuban life through a broad network of directorates
ultimately answerable to him through the Communist Party, as
well as through the bureaucracy and the state security
apparatus.  The Party is the only legal political entity, and
President Castro personally chooses the membership of the
select group which heads the Party.  The Party controls all
government positions, including judicial offices.  Though not a
formal requirement, party membership is a de facto prerequisite
for high-level official positions and professional advancement.
The Ministry of Interior is the principal organ of state
security and totalitarian control.  The Revolutionary Armed
Forces (FAR), directed by President Castro's brother Raul,
exercise de facto control over the Ministry.  In addition to
regulating migration and controlling the Border Guard and the
police forces, the Interior Ministry investigates nonconformity
and actively suppresses organized opposition and dissent.  It
maintains a pervasive system of vigilance through undercover
agents, informers, the Rapid Reaction Brigades (BRR's), and the
Committees for the Defense of the Revolution (CDR's).  The
Government has traditionally used the CDR's as a means to
mobilize citizens against dissenters, impose ideological
conformity, and root out "counterrevolutionary" behavior.
However, given the severe economic decay, CDR's are not as
strong as they once were.  Other mass organizations also inject
government and Communist party control into every citizen's
daily activities at home, work, and school.
The Government continued to control the means of production and
remained virtually the sole employer, despite some foreign
investment and legalization of some types of self-employment.
The economy remained in a depression, a result of the severe
inefficiencies of the economic system as much as the collapse
of Cuba's relationship with the former Soviet bloc and the end
of $4 to $5 billion in annual Soviet aid.  Gross domestic
product declined to one-half of the 1989 level, and total
foreign trade remained at around one-fourth of the 1989 level.
The Government continued its austerity measures known
euphemistically as the "special period in peacetime" and
permitted citizens to hold foreign currency.  For the first
time in years, the Government permitted a limited resumption of
agricultural markets.  The system of "tourist apartheid"
continued, in which foreign visitors received preference over
citizens for food, consumer products, and government services,
as well as access to hotels and resorts from which Cuban
tourists were barred.
The authorities were responsible for the extrajudicial killings
of citizens fleeing the country.  The Government sharply
restricts basic political and civil rights, including the right
of citizens to change their government; the freedoms of speech,
press, association, assembly, and movement; as well as the
right to privacy and various workers' rights.  The authorities
neutralize dissent through a variety of tactics designed to
keep opponents marginalized, divided, and discredited, or to
encourage them to leave Cuba.  Following a large antigovernment
protest on August 5, the authorities detained several hundred
people for several days without charges, including about 30
human rights leaders.
While the Government normally restricts emigration severely, it
suspended its policy regarding unauthorized departures in
August and allowed about 30,000 Cubans to depart in privately
owned boats and homemade rafts.  It reinstated the prohibition
on unauthorized departures following the conclusion of the
U.S.-Cuba migration agreement on September 9, but it agreed to
use "mainly persuasive methods" to prevent unsafe departures
and did not reimpose criminal penalties for such departures.
To a lesser extent than in the past, the Government continued
to employ "acts of repudiation," which are attacks by mobs
organized by the Government but portrayed as spontaneous public
rebukes, against dissident activity.  The Government also metes
out exceptionally harsh prison sentences to democracy and human
rights advocates whom it considers a threat to its control.
In March the U.N. Human Rights Commission (UNHRC) once again
passed a resolution endorsing the report of the UNHRC's Special
Rapporteur, which strongly criticized Cuba's gross violations
of human rights in great detail.  As it did with his
predecessor, the Government continued to refuse the Special
Rapporteur permission to visit Cuba.  However, in November the
Government permitted a noninvestigatory visit by the U.N. High
Commissioner for Human Rights, who sought to begin a dialog
with the authorities.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The authorities were responsible for the extrajudicial killing
of dozens of people.  In two separate incidents, government
vessels rammed and sank boats used by citizens to flee the
country.  In April the Border Guard sank the Olympia, killing
three people.  In July government vessels sank the Trece de
Marzo, killing some 40 people (see Section 2.d.).
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The police and state security officials systematically
harassed, beat, and otherwise abused human rights activists and
political dissidents in public and private as a means of
intimidation and control.  In January state security operatives
severely beat Rene del Pozo of the opposition Socialist
Democratic Current on his way to a meeting with another
dissident.  Four men beat Francisco Chaviano of the Council for
Civil Rights in his home in March.  The men threatened to kill
Chaviano and then stole his motorcycle, which was spotted early
the next morning at a nearby Ministry of Interior parking lot.
While Lazaro Garcia, a leader of the Marti Association--Golden
Age of Cuba, was collecting written allegations of human rights
abuses from human rights advocates in May, two men attacked and
beat him.  They told him that he had already been warned
against continuing his human rights activities.
The authorities continued to use acts of repudiation to
intimidate human rights advocates and as a pretext for their
arrest, although to a much lesser extent than previous years.
Government security forces staged acts of repudiation by
massing crowds of people outside homes of activists to harass
and ridicule them, yell insults, and vandalize property.  At
times, police forced the targeted activist through the crowd,
which physically beat or abused the person.  During such acts,
police often arrested advocates "for their own protection,"
then charged them with counterrevolutionary activity and
sentenced them to prison terms.  Carlos Urquiza Noa, president
of the Cuban Workers Union, was the object of an act of
repudiation on June 4.  The following day, a state security
official threatened to revoke his house arrest and send him to
Camaguey prison if he continued his union activities.
The Constitution prohibits abusive treatment of detainees and
prisoners.  However, police and prison officials often used
beatings, neglect, isolation, and other abuse against detainees
and prisoners convicted of political crimes (including human
rights advocates) or those who persisted in expressing their
views.  State security officials often subjected dissidents to
systematic psychological intimidation, including sleep
deprivation, in an attempt to coerce them to sign incriminating
documents or to force them to collaborate.
The UNHRC special rapporteur has found prison conditions, which
are characterized by habitual beatings of prisoners, severe
overcrowding, and the lack of food and medical care, to violate
Cuban law.  Prison officials severely beat Carlos Carrodegua
Zamora, imprisoned for "enemy propaganda," at Kilo 8 prison
when he asked for a mattress for his prison cell.  He was
unconscious for 2 days.  Jorge Luis Domingues Rivas, imprisoned
for "dangerousness," declared himself a prisoner of conscience
and refused to wear his prison uniform.  State security
officials handcuffed him and beat him repeatedly, before
placing him in a small, windowless punishment cell.
At the Voisin prison in Guines, eight prisoners died between
April and June as a result of poor prison conditions, including
lack of food and medical attention and an outbreak of
leptospirosis (rat fever).  The authorities denied medical care
to political prisoner Guillermo Mejias, held at Boniato prison
in Santiago de Cuba, despite his personal appeal to the prison
director in April.  His medical condition causes severe
pulmonary problems involving convulsions.
The Government claims that prisoners have guaranteed rights,
such as family visitation, adequate nutrition, pay for work,
the right to request parole, and the right to petition the
prison director.  However, according to Cuban human rights
advocates, the authorities frequently withdrew these
hypothetical rights, especially from political prisoners.
There has never been any indication that the authorities
investigated reports of abuse or took disciplinary action
against the agents responsible for abuses against political
prisoners.
Jailers often place dissidents in cells with common, and
sometimes violent, criminals.  The Government sentenced
Sebastian Arcos, vice president of the Committee for Human
Rights in Cuba (CCPDH), to 4 1/2 years' imprisonment for enemy
propaganda in 1992.  Other prisoners severely beat the
62-year-old Arcos in his cell late at night in February, after
weeks of threats and harassment.  The authorities took no
action against Arcos' attackers.
     d.  Arbitrary Arrest, Detention, or Exile
The authorities routinely use arbitrary arrest and detention.
The Law of Penal Procedures requires police to file formal
charges and either release a detainee or bring the case before
a prosecutor within 96 hours of arrest.  It also requires the
authorities to provide suspects with access to a lawyer within
10 days of arrest, but they routinely deny these guarantees to
those detained on state security grounds.  The Constitution
states that all legally recognized civil liberties can be
denied anyone actively opposing the "decision of the Cuban
people to build socialism."  The authorities invoke this
sweeping authority to justify lengthy detentions of human
rights advocates on the grounds they constitute
counterrevolutionary elements.  The UNHRC Special Rapporteur
found that the legal system lacks laws and institutions
providing due process.
The Penal Code also includes the concept of dangerousness,
defined as the "special proclivity of a person to commit
crimes, demonstrated by his conduct in manifest contradiction
of socialist norms."  Government authorities continue to
intimidate critics and opponents by threatening prosecution
under this article.  If the police decide a person exhibits
signs of dangerousness, they may bring the offender before a
court or subject him to "therapy" or "political reeducation"
(see Section 1.c.).
Following the large antigovernment protest on August 5, the
authorities detained several hundred people for several days
without charges, including about 30 human rights leaders, most
of whom had not participated in the protests.  Several reported
that the authorities beat them while they were in prison.
Gloria Bravo, a member of the Association of Mothers for
Dignity, had scars on her neck, chest, and arms from deep
gouges made by long fingernails and welts on her back from a
whipping.
The Government also uses exile as a tool for controlling and
reducing internal opposition.  During the rafters' exodus in
August and September, many human rights advocates reported that
representatives of state security visited them and threatened
them with detention if they remained in Cuba.  In some cases,
the agents offered them "assistance" in finding a raft or
boat.  Through these means, the authorities succeeded in
forcing at least 10 human rights leaders to leave the country
during the exodus.  State security officials reportedly offered
one imprisoned leader, Mercedes Parada Antunez, immediate
release from prison and a place on a boat for herself and her
two children if she agreed to accept exile.  She refused.  The
Government also repeatedly offered exile as the condition for
release to several prominent political prisoners, including
Sebastian Arcos, Francisco Chaviano, Rodolfo Gonzalez, and
Yndamiro Restano (see Section l.e.), but none of them would
accept such terms.  In December the authorities released Luis
Alberto Pita Santos, leader of the Association for the Defense
of Political Rights, and Pablo Reyes Martinez, on condition of
their exile to Spain.  Santos had been serving a 5-year
sentence for illegal association, clandestine printing, and
disrespect since 1990; Reyes had been serving an 8-year
sentence for enemy propaganda since 1992.
Between mid-October and late November, the Cuban Government
detained approximately 55 human rights advocates, including
some of the most prominent dissident leaders, for periods
ranging from several hours to several days.  Several were
detained twice during this period, including Corriente Civica
Cubana leader Felix Bonne, who was detained for 4 days in
October and 3 days in November.  The authorities warned these
dissidents against contacts with diplomatic missions,
specifically the U.S. Interests Section, and the international
press during the November visit of U.N. High Commissioner for
Human Rights Jose Ayala Lasso.  State agents visited other
activists at their homes and delivered similar warnings.  The
agents variously threatened the dissidents with formal arrest,
imprisonment, and retaliation against their children if they
continued to denounce human rights abuses in international
forums.  Some activists reported that agents even threatened
them with "disappearance" and death.  Those detained were held
in small, overcrowded cells without light or ventilation or a
sufficient number of beds, forcing many to sleep on the
concrete floors.
     e.  Denial of Fair Public Trial
Cuban law and trial practices do not meet international
standards for fair public trials.  Almost all cases are tried
in less than 1 day.  Although the Constitution provides for
independent courts, it explicitly subordinates them to the
National Assembly (ANPP) and the Council of State, which is
headed by Fidel Castro.  The rubberstamp ANPP and its lower
level counterparts elect all judges.  The subordination of the
courts to the Communist Party further compromises the
judiciary's independence.  Human Rights Watch/Americas has
reported that "trials staged in courts that lack independence
ended in convictions and prison sentences that rank among the
stiffest for thought crimes in the last 10 years."  There is no
known case in which a court has ruled against the Government on
any political or security matter.
Civil courts exist at municipal, provincial, and supreme court
levels.  Panels composed of a mix of professionally certified
and lay judges preside over them.  There are no jury trials.
Military tribunals assume jurisdiction for certain
counterrevolutionary cases.  Most trials are public; however,
trials are closed when state security is allegedly involved.
Prosecutors may introduce testimony from a CDR member as to the
revolutionary background of a defendant, which may contribute
to either a longer or shorter sentence.  The law recognizes the
right of appeal in municipal courts but limits it in provincial
courts to cases such as those involving maximum prison terms or
the death penalty.  The law requires that an appeal be filed
within 5 days of the verdict.
Criteria for presenting evidence, especially in cases of human
rights advocates, are arbitrary and discriminatory.  Often the
sole evidence provided, particularly in political cases, is the
defendant's confession, usually obtained under duress and
without the legal advice or knowledge of a defense lawyer.  The
authorities regularly deny defendants access to their lawyers
until the day of the trial.  Several dissidents who have served
prison terms say they were tried and sentenced without counsel
and were not allowed to speak on their own behalf.
On September 10, a military court tried 11 alleged participants
in the August 5 antigovernment protest.  The seven defense
attorneys reportedly sought to have the cases dismissed for
lack of evidence that the defendants even participated in the
demonstration.  Nevertheless, the court found eight of the
defendants guilty and sentenced them to from 6 months to 1 year
in prison.
The law provides an accused the right to an attorney, but the
ideological control the Government exerts over members of the
state-controlled lawyers' collectives, especially when they
defend persons accused of state security crimes, thoroughly
compromises their ability to represent clients.  Observers have
reported reluctance among attorneys to defend those charged in
political cases out of fear of jeopardizing their own careers.
In March the State prosecuted Rodolfo Gonzalez Gonzalez, a
prominent human rights advocate arrested during a government
crackdown in December 1992, on charges of enemy propaganda.
The prosecution charged that Gonzalez lied about the treatment
of political prisoners and the existence of civil disturbances
in statements to the international press.  The court admitted
in evidence unsworn videotaped testimony and testimony by
persons who admitted they did not witness the events in
question.  Despite strong evidence in Gonzalez's favor and weak
evidence against him, the court found Gonzalez guilty and
sentenced him to the 7 years' imprisonment requested by the
prosecution, one of the most severe sentences meted out to a
human rights advocate in several years.  After his
imprisonment, the authorities twice offered him release if he
would agree to accept exile; Gonzalez refused both offers,
explaining that the State had unfairly charged him and that it
could not condition his release on obligatory exile.
According to human rights advocates, there were at least 2,000
people imprisoned for various political crimes and probably far
more who were imprisoned for dangerousness.  The Penal Code
contains several articles prohibiting counterrevolutionary
activity.  The authorities often imprisoned advocates for enemy
propaganda, illicit association, contempt for authority
(usually for criticizing Fidel Castro), clandestine printing,
or the broad charge of rebellion.  They often bring the charge
of rebellion against advocates of peaceful democratic change.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although the Constitution provides for the inviolability of
one's home and correspondence, official surveillance of private
and family affairs by government-controlled mass organizations,
such as the CDR's, remains one of the most pervasive and
repressive features of Cuban life.  The State has assumed the
right to interfere in the lives of citizens, even those who do
not actively oppose the Government and its practices.  The
Communist Party controls the mass organizations which permeate
society, although to a lesser extent than in the past because
of the collapsing economy.  Their ostensible purpose is to
"improve" the citizenry, but in fact their goal is to discover
and discourage nonconformity.
The authorities utilize a wide range of social controls.  The
educational system teaches that the State's interests have
precedence over all other commitments.  In September Minister
of Higher Education Fernando Vecino Alegret affirmed that
commitment to the revolution, including a willingness to defend
the revolution in the streets, was a condition for admission to
the university.  The Ministry of Education requires teachers to
evaluate students' ideological character and note it in records
the students carry throughout their schooling, which affect
their future educational and career prospects.
The Interior Ministry employs an intricate system of informants
and block committees (the CDR's) to monitor and control public
opinion.  Guardians of social conformity, CDR's are neighborhood
security committees tasked with closely monitoring the daily
lives of residents.  CDR's often report on suspicious activity,
including conspicuous consumption, unauthorized meetings--
including those with foreigners--and defiant attitudes toward
the Government and the revolution.
State security often reads international correspondence and
monitors overseas telephone calls and conversations with
foreigners.  Citizens do not have the right to receive
publications from abroad.  Security agents subject dissidents,
foreign diplomats, and journalists to surveillance.  In March
the Government lodged a formal complaint against two U.S.
diplomats for distributing enemy propaganda; the diplomats had
given a few copies of a Miami newspaper to fellow passengers on
a train to Santa Clara.
The authorities regularly search people and their homes without
probable cause to intimidate and harass them.  In August police
searched the home of Pastor Herrera, a leader of the human
rights group "Alternative Criteria," and confiscated written
human rights allegations, membership information, copies of a
Miami newspaper, and Herrera's appointment pass to visit the
U.S. Interests Section.
The authorities regularly detained human rights advocates after
they visited the U.S. Interests Section, confiscated their
written reports of human rights abuses, and seized copies of
U.S. newspapers and other informational materials.  Police
stopped two women, Isabel del Pino and Maria Valdes Rosado of
the dissident religious group "Christ the King" on March 9,
took them to a nearby police station, and subjected them to a
strip search.  Police carefully searched their belongings and
confiscated reports of human rights violations they had
written.  Two state security officials then threatened them
with arrest if they did not stop their activities.  In November
the authorities detained several activists following their
meetings with a visiting Spanish official.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Government does not allow criticism of the revolution or
its leaders.  Laws against antigovernment propaganda, graffiti,
and insults against officials carry penalties of from 3 months
to 1 year in prison.  If President Castro or members of the
National Assembly or Council of State are the object of
criticism, the sentence is extended to 3 years.  Local CDR's
inhibit freedom of speech by monitoring and reporting dissent
or criticism.  Police arrested Lazaro Rivero de Quesada for
wearing a T-shirt with the words "Abajo Fidel" ("Down with
Fidel"), took him to a nearby police station, severely beat
him, and then held him incommunicado for 8 days.  A court
subsequently convicted him of contempt and sentenced him to 6
months in prison.  Even implicit criticism is subject to
punishment.  When Angel Luis Rodriguez Barrios asked police why
they had not yet found the person responsible for robbing and
killing his father the previous month, the police beat him and
broke his jaw.
The Government rigidly monitored other forms of expression and
often arrested people for the crimes of enemy propaganda and
clandestine printing.  Police arrested eight men and three
women in April for distributing antigovernment flyers at a
Havana baseball stadium, and charged them with writing slogans
against communism on walls.  The courts sentenced three of the
accused, Ivan and Ileana Curra and Jorge Alfonso, to 3 years at
a labor camp and the others to from 1 to 3 years' house arrest.
The Constitution states that electronic and print media are
state property and "cannot become, in any case, private
property."  The Communist Party controls all media as a means
to indoctrinate the public.  All media can only operate under
party guidelines and must faithfully reflect government views.
No other public forums exist.  The Government continued to jam
U.S.-operated Radio Marti and TV Marti, although it usually did
not jam other foreign radio broadcasts.  Radio Marti broadcasts
frequently overcame the jamming attempts.
The Government's control often extends to the foreign press as
well.  Although the Government issued visas to large numbers of
foreign journalists in April for a 2-day dialog with selected
members of the exile community, 1 week later it prevented four
members of a PBS news crew from doing an on-camera interview
with noted dissident Elizardo Sanchez.  While en route to
Sanchez's house, three men claiming to be police stopped the
news crew's car.  They forced the crew members out of their car
and took the car and the television cameras, valued at more
than $50,000.  Cuban authorities claimed the incident was
probably an act of banditry and by year's end had taken no
apparent action.  The Government allowed Havana-based foreign
journalists present for the August 5 antigovernment protests to
file stories but not to transmit video footage due to
unexplained "technical difficulties" in the Government's
satellite up-link capability.  The journalists had to fly the
video footage out by non-Cuban couriers; the Government
subsequently shut these journalists out of official press
events.
The Government circumscribes artistic, literary, and academic
freedoms.  The authorities fired Marta Vidaurreta Lima from her
position as professor at the Institute for Industrial Design
after she wrote a letter in January to the University Student
Federation criticizing the Government and its policies.  Her
dismissal notice stated that Vidaurreta Lima "had exceeded the
limits of the possible tolerance of ideas and points of view"
and that in so doing, she had "lost the essential requisites to
teach at this center."  Similarly, the authorities expelled
Carmen Gomez Fajo, a high school geography teacher, from her
job in May because of "her lack of identification with the
political principles that sustain our teaching."  Gomez had
expressed her disagreement with the government position that
the U.S. economic embargo was the cause of all of Cuba's
problems.
In late October, the University of Havana prevented five
professors from returning to their jobs for having submitted a
letter in late September to the Rector of the University in
which they criticized the Government and appealed for greater
political and academic freedom.  The University did not
formally dismiss them since, as the Rector wrote to one of
them, a formal letter of expulsion would only be used to "do
damage" with "false accusations about human rights."
     b.  Freedom of Peaceful Assembly and Association
Although the Constitution grants limited rights of assembly and
association, these rights are subject to the requirement that
they may not be "exercised against .... the existence and
objectives of the Socialist State."  The law punishes any
unauthorized assembly, including for private religious
services, of more than three persons, even in a private home,
by up to 3 months in prison and a fine.  The authorities
selectively enforce this prohibition and often use it as a
legal pretext to harass and imprison human rights advocates.
The authorities have never approved a public meeting of a human
rights group.  In January and again in March, state security
forces prevented a meeting of the dissident Socialist
Democratic Current (CSDC), which was to be held at the home of
CSDC president Vladimiro Roca, by forcibly barring access to
Roca's home by group members.
The Penal Code specifically outlaws "illegal or unrecognized
groups."  The Ministry of Justice, in consultation with the
Interior Ministry, decides whether to recognize organizations.
Apart from recognized churches and one or two carefully
monitored groups such as the Masonic Order, small human rights
groups represent the only associations outside the control of
the State, the Party, and the mass organizations.  The
authorities continued to ignore numerous applications for legal
recognition by various human rights groups, which then permits
the Government to jail members of these groups for illicit
association or target them for reprisals.  The authorities
discharged Rubiseyda Rojas Gonzalez, director of a trade school
in San Antonio de los Banos, in March because of her
association with the CSDC.  Her dismissal papers noted that
"eminently counterrevolutionary" materials were taken from her,
including copies of a Miami newspaper and a critical biography
of President Castro.
CUBA2
JTITLE:  CUBA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
     c.  Freedom of Religion
In recent years, the Government has eased somewhat the harsher
aspects of its repression of religious freedom.  In 1991 it
allowed religious adherents to join the Communist Party.  In
July 1992, it amended the Constitution to prohibit religious
discrimination and removed references to "scientific
materialism," i.e., atheism, as the basis for the Cuban State.
While the Protestant Ecumenical Council praised such actions,
the Catholic Church replied with concern over the gap between
the Government's rhetoric and actions.  In late 1993, the
Government harshly criticized the Catholic bishops' pastoral
letter calling for national reconciliation and dialog.
Despite legal changes, religious persecution continues.  The
State prohibits members of the armed forces from allowing
anyone in their household to observe religious practices.  It
exempts elderly relatives only if their religious beliefs do
not influence other family members and are not "damaging to the
revolution."
The Government continued to use the Penal Code to persecute
Jehovah's Witnesses and, to a lesser extent, Seventh-Day
Adventists.  The CDR's monitor and often harass Jehovah's
Witnesses and Adventists because the Government considers them
to be "active religious enemies of the revolution" for their
refusal to accept obligatory military service or participate in
state organizations.  The CDR's also maintain surveillance over
spiritualists (santeros) who give "consultations."
The Government also harasses other churches.  State security
agents arrested Eliecer Veguilla, executive member of the
Western Convention of Baptists, and Miguel Angel Leon, a
Baptist minister in Cienfuegos province, in late January for
counterrevolutionary activities and enemy propaganda,
respectively.  Officials told Veguilla's family that he was
under investigation because he had associated with Western
diplomats.  They released Veguilla after 2 months; but
continued to hold Leon.
The Government requires churches and other religious groups to
register with the provincial registry of associations of the
City of Havana and to obtain official recognition.  The
Government prohibits construction of new churches, forcing many
congregations to violate the law and meet in people's homes.
Official recognition of all religious holidays ended in 1961.
At that time, the Government prohibited nearly all religious
processions outside church grounds and denied churches access
to mass media.  Despite obstacles raised by the Government,
church attendance has grown in recent years.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not impose legal restrictions on domestic
travel, except for persons found to be HIV-positive, whom it
initially restricts to sanitoriums for treatment and therapy
before conditionally releasing them to the community.
The Government allows the majority of persons who qualify for
immigrant visas or refugee status to leave the country.
However, the authorities delay or deny exit permits in certain
cases, usually without explanation.  Many of the denials
involve professionals who have tried to emigrate and whom the
Government subsequently banned from working in their
occupational field.  The Government refuses permission to
others because it considers their cases sensitive for political
or state security reasons.  The Government also routinely
denies exit permits to young men approaching the age for
military service, even when it has authorized the rest of the
family to leave.
Author Norberto Fuentes, denied an exit permit to attend a
conference on Ernest Hemingway sponsored by the PEN American
Center, undertook a much-publicized 22-day hunger strike before
the Government allowed him to leave in September.  The
Government allowed dissident poet Maria Elena Cruz Varela to
travel to the United States in May to receive an award from an
international organization, but it refused prominent human
rights advocate Elizardo Sanchez an exit visa in March to
attend a conference in Spain because he criticized the
Government's human rights record during a previous trip abroad.
Until August, unauthorized departures by boat or raft were
punishable by fines and prison terms of from 6 months to
3 years.  On April 29, the Border Guard rammed and sank the
"Olympia," a private vessel which had fled Cuba and was about
25 nautical miles north of the coast of Camaguey.  Three of the
21 people on board drowned, including two 6-year-old children.
The Border Guard detained 10 adult male passengers for
4 months, using blackmail and threats in an unsuccessful effort
to obtain declarations that the sinking had been accidental.
At year's end, the 10 men still faced fines and possible prison
terms.  The Government awarded medals and bicycles to the
members of the Border Guard responsible for the sinking.
In a second such incident, on July 13, government vessels fired
high-pressure water hoses at the tugboat Trece de Marzo in an
attempt to prevent those aboard from fleeing Cuba.  They then
rammed and sank the boat.  An official government statement
admitted that there was a "collision" when the pursuing vessels
maneuvered to intercept the Trece de Marzo, causing it to
sink.  The Border Guard rescued 31 people, but approximately
40 others, including children, drowned.  The Government ignored
the Archbishop of Havana's call for a full investigation.
The Government temporarily suspended its policy regarding
unauthorized departures in August and allowed about 30,000
Cubans to depart in privately owned boats and home-made rafts.
The Government resumed its prohibition following the conclusion
on September 9 of the U.S.-Cuba migration agreement, in which
it agreed to use "mainly persuasive methods" to prevent unsafe
departures.  Criminal penalties for such departures were not
reimposed.  There have been no reports that the Government used
inhumane methods or physical force to stop the unsafe exodus by
boat and raft.  Under the terms of the accord, the Government
agreed to accept voluntary returnees through normal diplomatic
and consular channels.  By year's end, 422 Cubans had returned
voluntarily, but the Government had not agreed to a reliable
mechanism that ensured swift return of all those who wished to
return to Cuba.
In August the Government eased restrictions on visits by, and
repatriation of, Cuban emigrants.  Cubans who establish
residency abroad, and who are in possession of government-
issued "permits to reside abroad," may travel to Cuba without
visas.  Cuban emigrants now are able to return to live in Cuba,
provided they did not engage in what the Government considers
to be antigovernment activities while abroad.  The Government
further reduced the age of people eligible to travel abroad
from 20 to 18 and extended the period for temporary stay abroad
from 6 to 11 months.
Section 3  Respect for Political Rights: The Right of Citizens
           to Change Their Government
Citizens have no legal right to change their government or to
advocate change.  The Constitution proscribes any political
organization other than the Communist Party.  A small group of
leaders select members of its highest governing bodies--the
Politburo and the Central Committee.
The authorities tightly control all elections.  In the 1993
elections for the National Assembly, a candidacy commission
composed of representatives of party-controlled mass
organizations screened every candidate.  The authorities
allowed only one candidate per seat.  These procedures ensured
that only government supporters would be on the ballot.  Voters
had only two options, either vote "yes" or leave the ballot
blank.  The Government forbids the formation of political
parties, campaigning, and making campaign promises.
The Government has ignored calls for democratic reform and
labeled activists who proposed them "worms" and traitors.  It
rejects any change judged incompatible with the revolution, as
well as proposals by Cubans who seek nonviolent political
change.  The Government has systematically retaliated against
those who have peacefully sought political change.
Government leadership positions continue to be dominated by
men.  Although blacks and mulattoes make up over half the
population, they hold only 2 seats in the 26-member Politburo.
There are very few women or minorities in policymaking
positions.  There are three women on the Politburo; the
country's first female provincial party secretary was not
chosen until 1993.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not recognize any domestic or international
human rights group, nor permit them to function legally.  As
noted above, the Government subjects domestic human rights
advocates to intense intimidation and repression.  In violation
of its own statutes, the Government refuses to consider
applications for legal recognition submitted by human rights
groups.  The main domestic human rights monitoring groups are
the Cuban Committee for Human Rights, the National Council for
Civil Rights, the Human Rights Party of Cuba, and the Cuban
Commission for Human Rights and National Reconciliation.  There
are also various umbrella organizations that include a number
of smaller human rights groups.
The Government has steadfastly rejected international human
rights monitoring.  In 1991 Cuba's U.N. representative stated
that Cuba would not recognize the UNHRC mandate on Cuba and
would not cooperate with the Special Rapporteur, despite being
a UNHRC member.  The Government's position remains unchanged.
It consistently refused requests by the Special Rapporteur to
visit Cuba.  However, the Government did allow a brief visit by
the U.N. High Commissioner for Human Rights from November 15 to
19.  He met with a range of government officials, including
President Castro, as well as 18 human rights activists.  He
characterized his visit as the beginning of a dialog on human
rights and distinguished it from the investigatory
responsibilities of the Special Rapporteur.  The High
Commissioner reiterated his request that the Cuban Government
permit the Special Rapporteur to visit Cuba in compliance with
his U.N. mandate.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Cuba is a multiracial society with a black and mixed race
majority.  The Constitution forbids discrimination based on
race, sex, or national origin, although evidence suggests that
racial and sexual discrimination often occur.
     Women
The Family Code states that women and men have equal rights and
responsibilities regarding marriage, divorce, raising children,
maintaining the home, and pursuing a career.  The maternity law
provides 18 weeks of maternity leave and grants working women
preferential access to goods and services.  About 40 percent of
all women work.  They are well represented in the professions,
although few are in policy positions in the Government or Party.
Information from various sources indicates that domestic
violence and sexual assaults occur, but violent crime is rarely
reported in the press.  There is no publicly available data
regarding the incidence of domestic violence.  The law
establishes strict penalties for rape, and the Government
appears to enforce the law.  Prostitution has increased greatly
in the last few years; press reports indicate that tourists
from various countries visit Cuba specifically to patronize
inexpensive prostitutes.
     Children
The Constitution states that the Government will protect
"family, maternity, and matrimony."  It also states that
children, legitimate or not, have the same rights under the law
and notes the duties of parents to protect them.  Education is
free and is grounded in Marxist ideology.  State organizations
and schools are charged with the "integral formation of
childhood and youth."
     National/Racial/Ethnic Minorities
Many blacks have benefited from the social changes of the
revolution.  Nevertheless, there have been numerous instances
of police harassment of blacks, including black foreigners and
diplomats who were mistaken for being Cuban.  Many black
dissidents also report that the authorities single them out for
harassment.
     People with Disabilities
The law prohibits discrimination based on disability, and there
have been few complaints of such discrimination.  There are no
laws which mandate accessibility to buildings for people with
disabilities.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution gives priority to state or collective needs
over individual choices regarding free association or provision
of employment.  The "demands of the economy and society" take
precedence over individual workers' preferences.  The law
prohibits strikes; none are known to have occurred.
Established labor organizations do not function as trade unions
and do not promote or protect worker rights, including the
right to strike.  They are under the control of the State and
the Party.  The Party selects the leaders of the sole legal
confederation, the Confederation of Cuban Workers.  Its
principal responsibility is to ensure that government
production goals are met.
Despite disclaimers in international forums, the Government
explicitly prohibits independent unions.  There has been no
change since the 1992 International Labor Organization (ILO)
finding that independent unions "do not appear to exist" and
its ruling that Cuba violated ILO norms on freedom of
association and the right to organize.
Those who attempt to engage in union activities face government
persecution.  Government agents repeatedly harassed Lazaro Corp
Yeras, president of the National Commission of Independent
Trade Unions, during the year.  On the night of May 1, for
example, Corp was injured while riding his bicycle when the
driver of a car forced him off the road.  The driver then
yelled profanities and insulted Corp for being a union activist.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining does not exist.  The State Committee for
Work and Social Security sets wages and salaries for the state
sector.  Since all trade unions are government entities,
antiunion discrimination by definition does not exist.  There
are no independent unions.
The Government in 1993 removed some of the restrictions on
self-employment imposed in 1968 and allowed people to apply for
licenses to work in over 125 different occupations, ranging
from hairdresser to muleteer.  However, university graduates,
employees in sectors determined to be government priorities, or
any state employee whose work is ruled necessary are excluded
from qualifying.  Also excluded are those who do not show
proper labor discipline, a category which includes dissidents,
among others.  Furthermore, the State may revoke permission to
work outside the state sector if it decides the worker's
services are again needed.
In May, in a putative effort to crack down on black marketeers,
the Government approved Decree Law 149 on the "confiscation of
goods and income obtained by means of improper enrichment," and
it announced that it would revoke the licenses of many artisans
for employing others, an illegal act under the law, or would
arrest them for using materials of "dubious origin."  The
decree was to be applied retroactively.  Cuban radio reported
in October that the authorities had confiscated 8,485,706 pesos
(equivalent to $85,000 at prevailing unofficial exchange rates)
and a considerable number of vehicles, houses, livestock, and
work implements under this decree.
There are no known export processing zones in Cuba.
     c.  Prohibition of Forced or Compulsory Labor
Neither the Constitution nor the Labor Code prohibit forced
labor.  The Government maintains correctional centers where
people are sent for crimes such as dangerousness.  They are
forced to work on farms or building sites, usually with no pay
and inadequate food.  The authorities often imprison internees
who do not cooperate.  The Government employs special groups of
workers, known as "microbrigades," on loan from other jobs, on
special building projects.  They have increased importance in
the Government's efforts to complete tourist and other priority
projects.  Workers who refuse to volunteer for these jobs often
risk discrimination or job loss.  Microbrigade workers,
however, reportedly receive priority consideration for
apartments.  The military channels some conscripts to the Youth
Labor Army, where they serve their 2-year military service
requirement working on farms which supply both the armed forces
and the civilian population.
The ILO's Committee of Experts criticized Cuba for violating
ILO Convention 29 on Forced Labor, based on information
provided by the International Confederation of Free Trade
Unions.  In response, the Cuban state labor committee in 1993
eliminated "merits and demerits" from workers' labor records.
     d.  Minimum Age for Employment of Children
The legal minimum working age is 17 years.  The Labor Code
permits employment of 15- and 16-year-olds to obtain training
or fill labor shortages.  All students over age 11 are expected
to devote 30 to 45 days of their summer vacation to farm work,
laboring up to 8 hours per day.  The Ministry of Agriculture
uses "voluntary labor" by Student Work Brigades extensively in
the farming sector.
     e.  Acceptable Conditions of Work
The minimum wage varies by occupation and is set by the Bureau
of Labor and Social Security.  The minimum monthly wage for a
maid, for example, is 165 pesos ($165 at the meaningless
official exchange rate); for a bilingual office clerk
190 pesos; and for a gardener 215 pesos.  The Government
supplements the minimum wage with free medical care, education,
and subsidized housing and food.  Even with these subsidies,
however, a worker must earn far more than the average monthly
wage to support a family.  The Government rations most basic
necessities such as food, medicine, clothing, and cooking gas,
which are in very short supply, if available at all.
The standard workweek is 44 hours, with shorter workdays in
hazardous occupations such as mining.  To save energy, the
Government reduced workdays to 5 hours in many institutions.
Workplace environmental and safety controls are usually
inadequate, and the Government lacks effective enforcement
mechanisms.  Industrial accidents apparently are frequent, but
the Government suppresses reports of these.
CYPRUS1
rTITLE:  CYPRUS HUMAN RIGHT PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              CYPRUS
Cyprus has been divided since the Turkish military intervention
of 1974, following a coup d'etat directed from Greece.  Since
1974 the southern part of the country has been under the control
of the Government of the Republic of Cyprus.  The northern part
is ruled by an autonomous Turkish Cypriot administration
supported by the presence of Turkish troops.  In 1983 that
Administration proclaimed itself the "Turkish Republic of
Northern Cyprus" ("TRNC"), which is recognized only by Turkey.
Both parts of the island are ruled in accordance with democratic
principles affirmed through regularly held, free and fair
elections.  The Greek Cypriot political system is a presidential
system while the Turkish Cypriots use a parliamentary form of
government.
In general, the police forces of both sides accord respect to
the rule of law.  There is little crime in Cyprus, and
consequently relatively few arrests occur.
Both Cypriot economies operate on the basis of free market
principles, although in both communities there are significant
state-run enterprises.  In the Greek Cypriot economy, increases
in tourism and exports are expected to lead to a growth rate of
about 4.6 percent, more than double the 1993 rate.  The Turkish
Cypriot economy relies heavily upon subsidies from Turkey and is
burdened by an overly large public sector.  Inflation remains a
significant problem, exceeding 100 percent in 1994, and the
economy is expected to experience net negative growth for 1994.
Greek Cypriot and Turkish Cypriot authorities generally accord a
high degree of respect to established human rights norms and
practices.  Nonetheless, in the Greek Cypriot community there
were instances of police brutality, including beating and
expulsion of Turkish Cypriots by Greek Cypriot police.  Domestic
violence is also receiving increased attention as a legal and
social issue in both communities, rather than as a purely
personal or cultural matter.
Significant problem areas include continuing restrictions
imposed by Turkish Cypriot authorities on the right of Turkish
Cypriots to travel to the southern part of the island and
Turkish Cypriot noncompliance with the terms of the 1975
Vienna-III Agreement which set forth the rights of Greek
Cypriots remaining in areas under Turkish Cypriot control.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of persons abducted, secretly arrested, or
held in clandestine detention.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Both the Cyprus Constitution and the basic law governing the
Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is provided for in law in both communities.  While
these laws are widely respected in practice, there were credible
reports during April that Greek Cypriot police rounded up 22
Turkish Cypriots on three separate occasions, beat them, and
then "deported" them to the Turkish Cypriot-controlled area.  It
appeared that at least one group of deportees consisted of
long-term residents in the Greek Cypriot-controlled area, while
others may have been Turkish Cypriots who crossed the "Green
Line" in search of work.
In July defense attorneys for two Greek Cypriot youths charged
with armed robbery claimed that their clients had been beaten in
police custody.  There has been no independent verification that
the police in fact committed the beatings.
In another instance, lawyers for a 31-year-old man, whom police
mistakenly took into custody on suspicion of bank robbery and
then allegedly tortured, filed an application, which is still
awaiting action, against the Republic of Cyprus on the basis of
the European Convention on Human Rights.  Two policemen accused
in the case were acquitted in July 1993 after the courts ruled
that the suspect had in fact been beaten in police custody but
had been mistaken in his identification of the two officers
responsible.  According to some independent observers, the
alibis the police officers produced appeared credible.
A 1993 bill introduced in the Cyprus Parliament addressing
police brutality is still under consideration.  The bill would
provide for, among other things, detention of the accused in
cells not under direct police control, medical examination of
detainees immediately upon arrest, and severe penalties for law
enforcement officials convicted of violating these provisions.
In December a parliamentary subcommittee voted to broaden the
jurisdiction of the official Ombudsman to look into allegations
of police brutality.
While there were no public allegations or media reports of
police brutality in the Turkish Cypriot community, credible
reports indicate that there were some instances of police
brutality.
     d.  Arbitrary Arrest, Detention, or Exile
Laws providing for freedom from arbitrary arrest and detention
are respected by the police forces of both communities.
Judicially issued arrest warrants are required.  No one may be
detained for more than 1 day without referral of the case to
the courts for extension of the period of detention.  Most
periods of investigative detention do not exceed 8 to 10 days
before formal charges are filed.  Attorneys have free access to
detainees, and bail is permitted.
Exile is specifically prohibited by the Greek Cypriot
Constitution and by the basic law governing the Turkish Cypriot
community.
     e.  Denial of Fair Public Trial
Cyprus inherited many elements of its legal system from the
British legal tradition, including the presumption of
innocence, the right to due process, and the right of appeal.
Throughout Cyprus, fair public trial is provided for in law and
accorded in practice.  The judiciary is independent of
executive or military control.  Defendants have the right to be
present at their trials, to be represented by counsel (at
government expense for those who cannot afford one), to
confront witnesses, and to present evidence in their own
defense.  There are no special courts to try security or
political offenses.
On the Turkish Cypriot side, civilians deemed to have violated
military zones are subject to trial in a military court.  These
courts consist of one military and two civilian judges and a
civilian prosecutor.  Defendants in military courts have all
the due process rights available in civilian courts.  There
were no trials of civilians in military courts in 1994.
There are no political prisoners in Cyprus.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Both the Cyprus Constitution and the basic law governing the
Turkish Cypriot community include provisions protecting the
individual against arbitrary interference by the authorities.
A judicial warrant is required for a police official to enter a
private residence.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and press are provided for by law and are
freely practiced throughout the island.  The proliferation of
party and independent newspapers and periodicals in both
communities enables ideas and arguments to circulate freely,
and opposition papers frequently criticize the authorities.
Several private television and radio stations in the Greek
Cypriot community compete effectively with the government-
controlled stations.   Turkish Cypriot authorities retain a
monopoly over local radio and television, which tend not to
criticize them.  By June 1994, permission had been given for
the operation of two university-run radio stations in Nicosia
and Famagusta.  However, the permission granted was temporary,
and the radio stations remained under the control of the
Turkish Cypriot radio and television authorities.
International broadcasts are available without interference
throughout the island, including telecasts from Turkey and
Greece.
     b.  Freedom of Peaceful Assembly and Association
The freedom to associate, organize, and hold meetings is
protected by law and respected in practice.
     c.  Freedom of Religion
Freedom of religion is respected in Cyprus.  Although
missionaries have the legal right to proselytize in both
communities, missionary activities are closely monitored by the
Greek Cypriot Orthodox Church and by both Greek Cypriot and
Turkish Cypriot authorities.
Both Turkish Cypriots residing in the southern part of the
island and non-Muslims in the north are allowed to practice
their religion freely.  However, a major Greek Cypriot holy
site located in the Turkish Cypriot-controlled area, the
monastery at Apostolos Andreas, may only be visited under
existing regulations twice a year, despite the Vienna-III
Agreements of 1975 guaranteeing freedom of movement for Greek
Cypriots and Turkish Cypriots who elected to remain in areas
controlled by the other community.  In November the Turkish
Cypriot authorities permitted an elderly priest and a companion
resident in the government-controlled area to conduct services
at Apostolos Andreas on the Saint's name day, fulfilling a
longstanding desire of the priest to visit his ancestral home.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Turkish Cypriots and Greek Cypriots enjoy general freedom of
movement within their respective areas.  However, Turkish
Cypriot authorities regularly restrict or deny permission for
travel by Turkish Cypriots into the Greek Cypriot area.
Turkish Cypriots who apply for permission to visit the south
are required to justify their applications with formal
invitations to events arranged by individuals or organizations
resident in the Greek Cypriot community.  Many of these
applications are denied, often without an official reason,
although the basis for most denials is clearly political rather
than the ostensible "national security" grounds sometimes
cited.  The treatment of applications appears to be related to
the state of intercommunal relations or the status of
negotiations on the Cyprus issue.  In mid-1994, Turkish Cypriot
authorities began to prohibit travel by Turkish Cypriots to the
south after a period of relative openness following the
inauguration of a new coalition "government" in January.
The applications of Greek Cypriot residents of enclaves in the
north to visit the government-controlled area are usually
granted, but the applicants must return within a designated
period or risk losing their right to return, as well as their
property.  Turkish Cypriot authorities usually deny requests
for Greek Cypriot children over the age of 16 (male) and 18
(female) residing in the government-controlled area to visit
their parents in the Karpass.  Requests by other relatives are
also generally denied.  However, in December the Turkish
Cypriot authorities granted permits to all 30 children who had
requested them regardless of age.  In addition, they granted
permits for the first time to nine grandchildren resident in
the government-controlled area to visit their Greek Cypriot
grandparents in the Karpass Peninsula.  Without prior
permission, the Turkish Cypriot authorities also generally bar
Greeks, Greek Cypriots, and even third-country nationals with
Greek or Armenian surnames from entering the territory under
their control.
The Greek Cypriot authorities permit only day travel by
tourists to the northern part of the island.  The Greek Cypriot
authorities have declared that it is illegal to enter Cyprus
except at authorized entry points in the south, effectively
barring entry into the Greek Cypriot area by foreigners who
have entered Cyprus from the north.  Similarly authorities bar
entry to the north by those intending to depart by this route.
Following the March assassination, allegedly by Turkish agents,
of the Director of a Greek Cypriot association supporting Kurds
in Turkey, the Greek Cypriot authorities placed significantly
tighter controls on the movement of Turkish Cypriots to the
Greek Cypriot-controlled areas.  Institutions and individuals
sponsoring visits of Turkish Cypriots to the Greek Cypriot-
controlled areas must notify the Greek Cypriot police in
advance and provide them with an exact itinerary.
The authorities respect the right to travel abroad and to
emigrate.  Turkish Cypriots have difficulty traveling to most
countries because travel documents issued by the "Turkish
Republic of Northern Cyprus" are recognized only by Turkey.
Most Turkish Cypriots resort to utilizing Turkish travel
documents instead.
The Government of Cyprus does not accept third-country refugees
for resettlement in Cyprus on the grounds that it already has
enough responsibilities in caring for those displaced after the
1974 Turkish intervention.  All refugee and asylum claimants
are referred to the United Nations High Commissioner for
Refugees, which considers their applications.  The Government
has been cooperative in extending residency permission to those
with pending applications and does not generally repatriate
claimants to their home country.  There has been no
resettlement of displaced Cypriots.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Multiparty political systems exist in both communities.  In the
Greek Cypriot community, political parties compete for popular
support actively and without restriction.  Suffrage is
universal, and elections are held by secret ballot.  Elections
for the office of President are held every 5 years and for
members of the House of Representatives every 5 years or less.
The small Maronite, Armenian, and Latin communities vote for
nonvoting representatives from their respective communities, as
well as for a candidate as a voting member in the House of
Representatives.  However, under the terms of the 1960
Constitution Turkish Cypriots may only vote for the position of
the Vice President and for Turkish Cypriot Members of
Parliament.  As a result, Turkish Cypriots living in the
government-controlled area may not vote.
The Turkish Cypriots elect a leader and a representative body
every 5 years or less.  The Turkish Cypriot voters went to the
polls on December 12, 1993, in an early election that brought
opposition party representatives back into power and resulted
in a new coalition.  Greek Cypriots and Maronites living in the
north are barred by law from participating in Turkish Cypriot
elections but may choose their own village officials.  They are
eligible to vote in Greek Cypriot elections but must travel to
the south to exercise that right.
In both communities, women hold cabinet-level and other senior
positions.  In the Turkish Cypriot sector, the Supreme Court
swore in its first female judge.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are organizations in both parts of the island that
consider themselves human rights groups, but they are generally
concerned with alleged violations against the rights of their
community's members by the other community.  Groups with a
broad human rights mandate include organizations promoting
awareness of domestic violence and others concerned with
alleged police brutality.
There are no restrictions preventing the formation of human
rights groups, and representatives of international human
rights organizations have access throughout the island.
The Government of Cyprus, which claims a number of Greek
Cypriots missing during the conflict of 1974, is still in the
process of submitting its outstanding cases to the United
Nations Committee on Missing Persons, although the rate of
presentation accelerated over the first 6 months of 1994.  For
their part, Turkish Cypriot authorities, who claim their own
missing persons dating from the intercommunal violence
beginning in l963, have submitted virtually all of their cases
to the U.N. Committee.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Legislation in both communities provides for protection against
discrimination based on sex, national, racial, or ethnic
status, religion, or disability.
     Women
Throughout Cyprus, women generally have the same legal status
as men.  While legal provisions in both communities requiring
equal pay for men and women performing the same job are
effectively enforced, women disproportionately fill lower
paying jobs.
There are reports of spouse abuse, and the problem is believed
to be significant.  Throughout the island, a growing awareness
of domestic violence has led to attempts to pass laws to
safeguard the rights of abused spouses.  In the Greek Cypriot
community, a law enacted in July makes it easier for abused
spouses to make complaints to the police, broadens the
categories of evidence admissible in hearings on domestic
violence, and establishes a "family adviser," both to monitor
court cases and to facilitate counseling for the offender.  It
is widely thought that many suspected cases of domestic
violence do not reach the courts, largely because of family
pressure and the wife's economic dependence on her husband.  An
organization formed to address the problem of domestic abuse
reports an increasing number of daily calls over its hot line,
although hard statistics are not available.  Of the relatively
small portion of cases that are tried in the courts, virtually
none results in conviction:  Only 1 conviction was obtained in
the nearly 300 spouse abuse cases brought before the courts in
1994.
In the Greek Cypriot community, women face discrimination that
denies them the ability to pass on citizenship to their
children if they are married to foreign spouses.  Under
existing Cypriot law, only a Greek Cypriot father may transmit
citizenship to his children automatically or obtain expeditious
naturalization for his foreign spouse.
In the Turkish Cypriot community, efforts have focused on
improving the status of women in divorce proceedings,
particularly regarding the rights of women to obtain property
acquired during the period of marriage.  In general, divorce is
difficult for either party to obtain unless it is uncontested.
The Greek Cypriot community continues to focus on trafficking
in female prostitutes, and Parliament has held several hearings
on the subject.  While international trafficking in women,
mostly from Eastern Europe or the Far East, has diminished
because most of these women can now travel directly to their
final destinations rather than through Cyprus, they continue to
be brought as "cabaret artistes" into Cyprus.  The "artistes"
are sponsored by the cabaret owners or by agents.  However, to
date there have been few arrests since the women, fearing
retaliation by their employers, generally do not bring charges.
Forcing women into prostitution is against Republic of Cyprus
There have been repeated credible reports that women from the
Far East, working in Cyprus as maids, have been forced to work
under inhumane circumstances.  For example, they have been
deprived of their passports and of their right to take Sundays
off, and in some instances they have not been paid.  These
women generally do not file complaints.
     Children
Both communities are committed to protect children's rights and
welfare within the context of total available resources.
     National/Racial/Ethnic Minorities
Both the Government of Cyprus and the Turkish Cypriot
administration have constitutional or legal bars against
discrimination.  Food, shelter, education, and health care are
available to members of both communities regardless of race,
religion, or ethnic background.  Nevertheless, Greek Cypriots
living in the north, predominantly in the Karpass area, are
unable to move about freely and to change their housing at
will.  Some Turkish Cypriots living in the government-
controlled area have claimed they are often harassed by the
Greek Cypriots, including the police.  According to some
allegations, they are kept under surveillance and questioned
closely about their movements.
     People with Disabilities
Physically or otherwise disabled persons have no special
protection against discrimination in private sector employment
in Cyprus, and traditional attitudes are slow to change.  In
the Greek Cypriot community, disabled persons applying for a
public sector position are entitled to preference if they are
deemed able to perform the required duties and their
qualifications equal those of other applicants.  In the Turkish
Cypriot community, regulations require businesses to employ
1 disabled person for every 25 positions they fill, although
enforcement is unreliable.  Disabled persons do not appear to
be discriminated against in education and the provision of
state services.  In the Greek Cypriot community, legislation
mandates that new public buildings and tourist facilities
provide access for the disabled.  The Turkish Cypriot community
has not to date enacted legislation to provide for such access.
Section 6  Worker Rights
     a.  The Right of Association
All workers in Cyprus, except for members of the police and
military forces, have the legal right to form and join trade
unions of their own choosing without prior authorization.  In
the Greek Cypriot community, police officers also have the
right to join associations which have the right to bargain
collectively, although not to strike.  More than 82 percent of
the Greek Cypriot work force belongs to independent trade
unions.  Approximately 50 to 60 percent of Turkish Cypriot
private sector workers and all public sector workers belong to
labor unions.
In the Turkish Cypriot community, union officials have alleged
that various firms have been successful in establishing
"company" organizations and then applying pressure on workers
to join these unions.  Officials of independent labor unions
have also accused the Turkish Cypriot authorities of creating
rival public sector unions to weaken the independent unions.
The International Labor Organization (ILO) has not yet acted
upon these complaints.  There are no complaints outstanding
against the Government of Cyprus.
In both communities, trade unions freely and regularly take
stands on public policy issues affecting workers and maintain
their independence from the Government.  Two of the major trade
unions, one in each community, are closely affiliated with
political parties.  Both of the remaining major unions are
independent.
All workers have the right to strike, and several strikes,
usually of short duration, took place in 1994.  In the northern
part of the island, however, a court ruling from 1978 gives
employers an unrestricted right to hire replacement workers in
the event of a strike, effectively limiting the effectiveness
of the right to strike.  Authorities of both the Greek Cypriot
and Turkish Cypriot communities have the power to curtail
strikes in what they deem to be "essential services," although
this right is rarely used.
Unions in both parts of Cyprus are able to affiliate with
international trade union organizations.
     b.  The Right to Organize and Bargain Collectively
By law, trade unions and confederations are free to organize
and bargain collectively throughout Cyprus.  This is observed
in practice in the Greek Cypriot community, and most wages and
benefits are set by freely negotiated collective agreements.
However, Greek Cypriot collective bargaining agreements are not
enforceable under the law.  In the rare instances when such
agreements are believed to have been infringed, the Ministry of
Labor is called in to investigate the claim.  If the Ministry
is unable to resolve the dispute, the union may call a strike
to support its demands.  In practice, however, such alleged
violations are extremely rare, and there were no reported
instances in 1994.
In the Turkish Cypriot community, where inflation exceeded 100
percent over the year, wage levels are reviewed twice a year
for the private sector and six times a year for public sector
workers and a corresponding cost-of-living raise is
established.  A special commission composed of five
representatives each from organized labor, employers, and the
authorities conducts the review.  Union leaders contend that
private sector employers are able to discourage union activity
because enforcement of labor and occupational safety
regulations is sporadic and penalties for antiunion practices
are minimal.  As in the Greek Cypriot community, parties to a
dispute may request mediation by the authorities.
Small export processing zones exist in Larnaca Port and
Famagusta, but the laws governing working conditions and actual
practice are uniform throughout the country.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and no
instances of it were reported.
     d.  Minimum Age for Employment of Children
In both the Greek Cypriot and Turkish Cypriot communities, the
minimum age for employment of children in an "industrial
undertaking" is 16.  Turkish Cypriots may be employed in
apprentice positions at age 15.  However, in family-run shops
it is common to see younger children working.  Government labor
inspectors effectively enforce the law in both communities.
     e.  Acceptable Conditions of Work
The legislated minimum wage in the Greek Cypriot community,
which is reviewed every year, is currently about $380 per month
for beginning unskilled workers.  This amount is insufficient
to provide an adequate living for a worker and family.  All
other occupations are covered under collective bargaining
agreements between trade unions and employers within the same
economic sector, and the minimum wages set in these agreements
are significantly higher than the legislated minimum wage.
The legislated minimum wage in the Turkish Cypriot area, while
subject to frequent review because of high levels of inflation,
is approximately $90 per month at exchange rates as of
mid-1994.  This amount is not adequate to support a worker and
family, although most workers earn more than the minimum wage.
A significant percentage of the labor force consists of illegal
workers, mostly from Turkey.  According to some estimates,
illegal workers constitute as much as 25 percent of the total
work force in the area under Turkish Cypriot control.  There
are frequent allegations that such workers are subject to
mistreatment, including nonpayment of wages and threats of
deportation.
In the Greek Cypriot community, the standard workweek is an
average of 39 1/2 hours in the private sector.  In the public
sector, it is 37 1/2 hours during the winter and 35 hours in
the summer.  In 1992, however, Greek Cypriot unions won
concessions that will reduce the workweek by one-half hour per
year until 1997 when a 38-hour workweek will be in place for
most sectors of the economy.  In the Turkish Cypriot community,
the standard workweek is 38 hours in winter and 36 hours in
summer.  Government labor inspectors effectively enforce these
laws.
Greek Cypriot labor union leaders have complained that
occupational and safety standards lack important safeguards.
Factories are typically licensed by municipalities rather than
by the Government, resulting in an uneven application of
environmental and work safeguards.  Under a proposed law,
Cypriot occupational and safety standards will be brought up to
ILO- and European Union-mandated standards, including
protection of workers who refuse to work because of unsafe
conditions.  While the law was not enacted in 1994, virtually
all key participants in the decision supported the bill.
Occupational safety and health regulations are administered at
best sporadically in the Turkish Cypriot area.  In both areas,
a factory inspector processes complaints and inspects business
in order to ensure that occupational safety laws are observed.
Turkish Cypriot workers who file complaints do not receive
satisfactory legal protection and may face dismissal.
CZECH_RE1
ededTITLE:  CZECH REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                         CZECH REPUBLIC
The Czech Republic came into existence on January 1, 1993, when
the Czech and Slovak Federal Republic dissolved and its
constituent republics became independent.  It is a parliamentary
democracy.  Prime Minister Vaclav Klaus and his Civic Democratic
Party lead the coalition Government.  The Czech Republic has
essentially completed the reform of political and economic
structures initiated after the 1989 revolution.
The Ministry of the Interior oversees the police.  The Internal
Security Service (BIS) is independent of ministry control, but
reports to Parliament and the Prime Minister's office.  Foreign
intelligence is under the authority of the Interior Ministry.
Military intelligence agencies are integrated into the Ministry
of Defense.  Police and BIS authorities observe constitutional
and legal protection of individual rights in carrying out their
responsibilities.
Pursuing a consistent policy of transforming the former
centrally planned economy, the Government had privatized some
80 percent of the economy by year's end.  The nation
experienced moderate economic growth in 1994, and macroeconomic
indicators (balanced budget, low inflation and unemployment,
current account surplus) were favorable.
The most important human rights problem is popular prejudice
against the Roma minority, and the inability (or unwillingness)
of the Government to counteract it.  The Citizenship Law, whose
provisions limited the access of many Roma residents to Czech
citizenship after midyear, is the most celebrated example of
such discrimination.  Roma have also been victims of "skinhead"
violence.  Other human rights problems include the Law on
Lustration (screening) which forbids certain Communist secret
police collaborators from holding high public office, and the
law criminalizing defamation of the State or the Presidency.
Women's issues, including violence against women, are still
rarely raised in mainstream political debate.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of such practices.
     d.  Arbitrary Arrest, Detention, or Exile
The Czech Republic assumed Czechoslovak laws governing arrest
and related rights.  Courts issue arrest warrants.  The
authorities may hold persons without charge for 24 hours,
during which time they have the right to counsel.  There were
no instances of incommunicado detention or preventive
detention.  A person charged with a crime has the right to
appear before a judge for arraignment.  At arraignment, if the
prosecution files charges, the judge determines whether bail
will be granted pending trial.  The law does not allow bail for
certain serious crimes.  Pretrial detention may not exceed
1 year, and in such cases monthly appearances before a judge
are required.  Counsel and family visits are permitted.
There have been occasional reports of police shakedowns and
anecdotal stories of physical abuse and malfeasance, often
directed at foreigners.  According to press reports, police
killed five persons not in detention, including two separate
cases in which they shot and killed German tourists in roadside
altercations, but the courts have not yet judged these cases.
The law prohibits forced exile, and the Government does not
practice it.
     e.  Denial of Fair Public Trial
The court system consists of district, regional, and high
courts.  The Supreme Court is the highest court of appeal.  In
addition, a Constitutional Court rules separately on the
constitutionality of legislation.  Military courts, which have
jurisdiction over police, intelligence, and military matters,
were abolished at the end of 1993, and civil courts took over
their functions.
The judiciary is impartial and independent.  Judges are not
fired or transferred for political reasons.  Justice Ministry
officials and press observers noted that the shortage of
qualified judges (a problem under the Czechoslovak federation)
is slowly being overcome.
The law stipulates that persons charged with criminal offenses
are entitled to fair and open public trials.  They have the
right to be informed of their legal rights, of the charges
against them, to consult with counsel, and to present a
defense.  The State provides lawyers for indigent defendants.
Defendants enjoy the presumption of innocence and have the
right to refuse to testify against themselves.  Defendants may
appeal any judgments against them.  These rights are observed
in practice.
Foreign and domestic human rights groups expressed concern
about the continued existence of the 1991 Lustration Law, which
bars former Communist officials, members of the People's
Militia, secret police, and collaborators from holding a wide
range of elected and appointed positions for a period of 5
years.  The law is rarely enforced.  Although the Czechoslovak
Federal Constitutional Court in 1992 eliminated the largest
category from the Law, those listed as collaborators but who
may only have been intelligence targets, observers continued to
criticize it in principle for embracing employment
discrimination and the concept of collective guilt.  In perhaps
the most celebrated lustration case, the Government in
September dropped lustration charges against former federal
parliamentarian Jan Kavan.  News reports indicated that nearly
all those who challenged lustration judgments in court cleared
their names.
Although a 1993 law defining the pre-1989 Communist regime as
criminal and lifting the statute of limitations for crimes
committed by the Communist Party of Czechoslovakia during its
40-year rule remained on the books, the Government rarely
invoked it.  Human rights monitors criticized this law, too,
for adopting the principle of collective guilt.  However, the
Constitutional Court in December 1993 upheld the law.
There were no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Electronic surveillance, telephone tapping, and interception of
mail require a court order, and the Government complies with
this requirement.  There were no known cases of electronic
surveillance reported in 1994.  There were no reports of
arbitrary or unlawful interference with privacy.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Czech law provides for freedom of speech and the press, and the
Government generally respects these rights.  Individuals may,
and do, speak out on political and other issues and freely
criticize the Government and public figures.  However, the
Constitutional Court in December 1993 upheld a provision in the
Criminal Code forbidding "defamation" of the State and the
Presidency.  The law was not applied at any time in 1994, but
represents a potential restriction of freedom of speech and
press.
A wide variety of newspapers, magazines, and journals publish
without government restriction or interference.  The Civic
Democratic Party (ODS)--the leading party in the ruling
coalition--became embroiled in controversy in September when
the editor of the nominally independent Denni Telegraf was
dismissed by the paper's board, which said it had lost
confidence in him.  Other newspapers claimed that the firing
took place on the Prime Minister's orders, noting that the
editor and several board members were ODS members.  The Prime
Minister denied any role in the dismissal.
The electronic media are independent and free of censorship.
Most television and radio stations are publicly funded and
independently managed.  The Television and Radio Council
oversees these stations under parliamentary supervision.  A
leading television channel, Nova, is privately owned, partially
by foreign investors.
The law provides for academic freedom but also forbids
activities by established political parties at universities.
     b.  Freedom of Peaceful Assembly and Association
The law provides for the right of persons to assemble
peacefully.  Some public demonstrations require permits, but
the Government rarely refuses to issue them.  Police generally
do not interfere with spontaneous peaceful demonstrations for
which organizers lack a permit.
Nonetheless, domestic press editorials sometimes criticized
police behavior.  In a July commemoration held at the former
concentration camp of Terezin (Theresienstadt), witnesses said
that police stood by or even encouraged rightists who objected
to the idea of reconciliation with Sudeten Germans transferred
to Germany after the Second World War.  The rightists disrupted
the ceremony and destroyed wreaths and other property.  The
authorities fired five district police chiefs after this
incident.
The law provides for the right of persons to associate freely
and to form political parties and movements, and this law is
respected in practice.  The Interior Ministry or local
officials register organizations, associations, foundations,
and political parties, but this procedure is routine.  The
Communist Party is represented in Parliament and in local
government and continues to own considerable assets throughout
the Republic.
     c.  Freedom of Religion
The Constitution provides for religious freedom, and the
Government respects this right in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict domestic or foreign travel,
emigration, or repatriation.
Refugees and asylum seekers are treated according to
international norms and are not forcibly repatriated.  Most
migrants use the Czech Republic as a transit route to the
West.  The law outlines lengthy procedures for granting refugee
status and eventual citizenship, but very few of those who make
applications remain in the country long enough to complete the
procedure.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government by
democratic means.  Those over the age of 18 are eligible to
vote by secret ballot in nationwide and local elections.
Opposition groups, including political parties, function openly
and participate without hindrance in the political process.
The Constitution mandates parliamentary elections at least
every 4 years, based on proportional representation within
eight large electoral districts.  There is a 5-percent
threshold for parties to enter Parliament.  The President is
elected by Parliament for a 5-year term.  He has limited
constitutional powers but may use a suspensive veto to return
legislation to Parliament, which has the right to override the
President's veto.
The Constitution also calls for an upper house of Parliament,
the Senate, which in 1994 had yet to be constituted; the first
senatorial election may take place in 1996, although
legislation defining its procedures remains to be adopted.  As
long as no Senate is created, the Czech Republic's
parliamentary system could be open to accusations of operating
extraconstitutionally.
There are no restrictions, in law or in practice, on women's
participation in politics.  However, they appear to participate
less in politics and government since the overthrow of the
Communist regime, which used quotas to include women in large
governing bodies such as the Federal Assembly.
Relatively few women hold high public office in the Czech
Republic, though 19 of 200 parliamentary deputies are women.
In the November local elections, voters elected a woman mayor
of Brno, the Republic's second largest city, and women serve on
both the Supreme and Constitutional courts.  Women achieve the
same educational level as men and attend institutions of higher
education in roughly equal numbers.
The country's two significant minorities--Roma and Slovaks--are
not represented in Czech politics.  No minority leader holds
significant elective office at the national level.  The
estimated 300,000 Slovaks are primarily "Czechoslovaks" who
elected to live in the Czech Republic after the split, and who
largely define their interests in the context of Czech politics
rather than along ethnic lines.  Many serve in high positions
in the civil service.
Not all the estimated 200,000 Roma have integrated into Czech
society, and the party that represented their interests
immediately following the demise of communism, the Roma Civic
Initiative, is in disarray.  Other local Roma political
groupings have not gained national prominence, although they
continue to strengthen their ties with international Roma
groups.  The political culture of the Czech Republic generally
defines Roma as outsiders, and the Roma themselves have been
unable to unite behind a program or set of principles that
would allow them to represent their interests within the
country's democratic structures (see Section 5).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government encourages the activities of domestic and
international human rights organizations.  The presidency of
former dissident and human rights monitor Vaclav Havel serves
as an important symbol for these groups, which work without
government restriction or interference.  Government officials
generally cooperate with official and unofficial visits by
foreign human rights monitors.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law provides for the equality of citizens and prohibits
discrimination, and the Government respects this law.  In
practice, Roma face discrimination in such areas as education,
housing, and job opportunity.
     Women
The law provides for equality for women, and they receive pay
equal to that of male colleagues for the same job, although the
median wages for women in 1994 lagged significantly behind
those of men.  Women appear to be concentrated in professions
in which the median salary is generally low:  medicine,
teaching, and white-collar clerical jobs.
Violence against women does exist, but public debate about the
problem is rare, despite the efforts of a handful of women's
groups to bring this and other issues to the attention of the
public.  According to 1993-94 police statistics, 12 percent of
Czech women over the age of 15 have experienced some sort of
sexual assault, and only 3 of every 100 women raped report the
crime.  Gender studies experts say that women are ashamed to
speak about rape and that the police are not equipped, either
by attitude or training, to help.  Police and human rights
groups sometimes link violence toward women with economic
hardship and excessive drinking but without concrete
substantiation.  Human rights groups acknowledge that the
Government effectively enforces laws against violence.
A more public issue--and one that has gained considerable
attention in the press--is the growth of prostitution, which
has become increasingly visible.  For the most part,
prostitutes are in business for themselves, but police report
that underground elements, often also involved in smuggling and
petty crime, coerce some women into prostitution.  The law does
not explicitly protect prostitutes against trafficking and
sexual exploitation.
     Children
The Government is committed to children's welfare through
programs for health care, compulsory education, and basic
nutrition.  However, some Roma children do not receive these
benefits owing to the Government's inability to counteract
cultural differences and instances of social prejudice.  Child
abuse as a social problem received growing attention in the
press.  According to the Ministry of Justice, courts judged 164
cases of child abuse in the first 6 months of 1994.  An
independent organization claims that 50 Czech children die at
the hands of their parents each year, but this number could not
be confirmed.
     National/Racial/Ethnic Minorities
The Roma population, estimated at about 200,000, is the most
significant minority.  Roma live throughout the country but are
concentrated in the industrial towns of Northern Bohemia, where
many of them settled more than 40 years ago in the homes of
Sudeten Germans transferred to the West.  They suffer
disproportionately from poverty, crime, and disease.  Efforts
by foundations and government education and health workers to
improve their living conditions, especially the conditions of
Roma children, have had only minimal impact.  Efforts by local
leaders to mobilize local Roma communities, especially in the
north, generally have failed.
Roma suffer from serious popular prejudice and from
discrimination, particularly in employment, housing, and
everyday life.  The central authorities have intervened to
eliminate overt discrimination by local jurisdictions; for
example, the Constitutional Court invalidated the anti-Roma
decrees adopted in 1992 by the Jirkov (northern Bohemia) town
council.
Local authorities have been unable (or, according to some Roma,
unwilling) to curb skinhead intimidation and violence against
Roma.  In December perpetrators accused of anti-Roma violence
were acquitted by a court in Pisek, and the next day skinhead
assailants attacked Roma there.  The Government has denounced
such violence, but has failed to prevent it.  Human rights
organizations and articles in the Czech press accuse the
Government of serious neglect in this area.
International legal and human rights organizations and Roma
activists strongly criticized the discriminatory impact on Roma
of the 1992 citizenship law, which required Czechoslovaks
living on the territory of the Czech Republic to apply for
citizenship by June 30, 1994.  Slovaks had to prove they had a
clean criminal record over the previous 5 years and had lived
in the territory of the Czech Republic for 2 years.  Czechs
were automatically granted citizenship.  Because the majority
of Roma were considered Slovaks, based on a 1969 Communist law,
the Czech citizenship requirements have had a disproportionate
impact on them.  No accurate estimates are available on the
number of Roma who were unable to obtain Czech citizenship;
Roma activists and human rights groups cite figures in the tens
of thousands.  No deportations or large-scale refugee
migrations have been documented as a result of the law, and
Czech authorities note that those who fail to obtain
citizenship are granted permanent resident status and can
receive state benefits.  But they are also denied the right to
vote or serve in the government, the military, police, or the
judiciary.  The Conference for Security and Cooperation in
Europe has criticized this law as contrary to human rights
norms, noting that it is inconsistent with Article 11(2) of the
1948 Universal Declaration of Human Rights.
     Religious Minorities
The Jewish community numbers only a few thousand.  There were,
however, isolated instances of public anti-Semitism.  For
example, in April, 24 graves in a Jewish cemetery in the
Moravian town of Prerov were defiled with Nazi markings; in
June the far-right Republican Party called the new Culture
Minister, who is of Jewish background, the "Jewish destroyer of
Czech culture," for which the media roundly condemned the
Republicans.
     People with Disabilities
The Government does not place a high priority on ensuring
access for the disabled, nor has discrimination against the
disabled been the subject of significant policy or public
debate.  The law does not mandate accessibility to public
buildings and services for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The law provides workers with the right to form and join unions
of their own choosing without prior authorization, and the
Government respects this right.  For example, after trade union
leaders protested a law drafted by the Government that would
have forbidden civil service workers from joining unions,
claiming that such a law violated not only International Labor
Organization statutes but the Czech Constitution as well, the
Government withdrew the proposal.  More than 50 percent of the
work force is unionized, although the number of workers who are
members of labor organizations continued to fall steadily.
Most workers are members of unions affiliated with the
Czech-Moravian Chamber of Trade Unions (CMKOS).  CMKOS is a
democratically oriented, nationwide umbrella organization for
branch unions.  It is not affiliated with any political party
and carefully maintains its independence.
The law provides workers with the right to strike, except for
those in specific professions whose role in public order or
public safety is deemed crucial, e.g., judges, prosecutors,
members of the armed forces and the police, air traffic
controllers, nuclear power station workers, workers with
nuclear materials, and oil or gas pipeline workers.  The law
also places some limitation on the right to strike of
firefighters, rescue workers, telecommunications workers, and
health workers.  The law requires that labor disputes be
subject first to mediation and that strikes take place only
after mediation efforts fail.  There were no major strikes in
1994.
Czech unions are free to form or join federations and
confederations and affiliate with and participate in
international bodies.  This freedom is fully exercised.
     b.  The Right to Organize and Bargain Collectively
The law provides for collective bargaining.  The basic
collective bargaining instrument is the Law on Collective
Bargaining.  It is carried out in a tripartite system, a
voluntary arrangement in which representatives of unions,
government, and employers set the guidelines for labor
relations.  Union leaders complained repeatedly that the
Government intended to sabotage the tripartite arrangement, and
the Government stated repeatedly that the tripartite "steering
process" had outlived its usefulness.  Despite such complaints,
wages were set in free negotiations, although the Government
imposed an upper limit on wage growth (levying penalties on
inflationary increases).
Union leaders may file charges of antiunion discrimination in
court.  Union and Labor Ministry officials reported that no
such charges were filed in 1994.
The Czech Republic has one export processing zone.  Its workers
have and practice the same rights to organize and bargain
collectively as other workers in the country.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it is not
practiced.
     d.  Minimum Age for Employment of Children
The Labor Code stipulates a minimum working age of 15 years,
although children who complete courses at special schools
(i.e., schools for the severely disabled) may work at the age
of 14.  There are no legal limits on the hours children may
work, although they may not work at night.
     e.  Acceptable Conditions of Work
The Government sets minimum wage standards at roughly
one-fourth of the average monthly wage.  The current minimum
wage is about $75 per month.  This provides an adequate, if
sparse, standard of living for an individual worker and, when
combined with allowances available to families with children,
provides an adequate standard of living for a worker and a
family.  Major efforts at worker retraining, carried out by
district labor offices, seek to provide labor mobility for
those at the lower end of the wage scale.  The Ministry of
Labor has the authority to enforce minimum wage standards and
does so, as needed.
The law mandates a standard workweek of 42 1/2 hours.  It also
requires paid rest of at least 30 minutes during the standard
8- to 8 1/2-hour workday, as well as annual leave of 3 to 4
weeks.  Overtime may not exceed 150 hours per year or 8 hours
per week as standard practice.  The Labor Ministry enforces
overtime regulations but reports that the rapid growth of the
private sector, especially in small service enterprises, makes
it very difficult to assess abuses and enforce the law.
Health and safety conditions in some sectors of heavy industry
remain substandard, especially in those sectors awaiting the
process of privatization, but industrial accident rates are not
unusually high.  The Office of Labor Safety is responsible for
enforcement of health and safety standards and carries out its
responsibilities effectively.
DENMARK1
=TITLE:  DENMARK HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            DENMARK
Denmark is a constitutional monarchy with parliamentary
democratic rule.  Queen Margrethe II is Head of State.  The
Cabinet, accountable to the unicameral Parliament (Folketing),
leads the Government.  A minority, three-party coalition took
office in September following national elections.
The national police force is fully controlled by and responsive
to civilian authorities.
The advanced industrial economy is essentially market-based,
with public ownership limited largely to utilities and public
transportation.  The Government continues to seek ways to
reduce the public sector's share of the economy.
Deeply rooted democratic principles, an egalitarian tradition,
and a free press have resulted in high official as well as
societal respect for human rights.  There are well-established
legal channels for seeking redress for mistreatment by any
national authority.
Amnesty International (AI) issued a controversial report in
June citing allegations that police in Copenhagen used
excessive force in a 1992-93 crackdown on lawbreakers and
during riots in May 1993.  The Government suspended three
policemen for firing into a crowd during those riots.
Indicative of the Government's commitment to promoting human
rights internationally were its actions on behalf of the U.N.
Tribunal on War Crimes in the Former Yugoslavia in bringing to
justice an accused war criminal from Bosnia.  After
consultations with the chief prosecutor, the Government decided
to bring Rafic Saric to trial in Denmark.  In a landmark
decision, in November a Danish court found him guilty of
committing war crimes while he worked with Bosnian Croats in
Bosnia and Herzegovina.  The court sentenced Saric to 8 years
in jail for his assaults against inmates at the Dretelj camp.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killings.
     b.  Disappearance
There were no known abductions or disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Such practices are prohibited by law.  Torture does not occur,
and allegations of physical mistreatment are rare.  However,
since 1988 AI has complained that the police occasionally use
excessive force, and AI has never been fully satisfied by the
Government's responses to those complaints.
In June AI published "Danish Police Ill Treatment," a
controversial sweeping criticism focusing primarily on two
episodes.  In one, the police on May 18-19, 1993, apparently
shot indiscriminately at demonstrators in Copenhagen who were
protesting the outcome of a national plebiscite in which the
voters accepted the Maastricht Treaty.  When demonstrators
hurled paving stones at the police, some police fired into the
crowd, wounding at least 11 people; in 1994 the police
leadership suspended three police on a charge that these
firings violated regulations on the use of firearms.
Also under focus in the AI report was the police's conduct of a
campaign in 1992-93 against drug-dealers and other lawbreakers
in a section of Copenhagen.  Police detained or arrested
hundreds of people, and immobilized some detainees by using a
"leg-lock," a potentially very painful constraint.  Immediately
after AI's report, the police ceased using the leg-lock.
     d.  Arbitrary Arrest, Detention, or Exile
No person may be deprived of personal liberty without due
process of law.  Those arrested must appear before a judge
within 24 hours.  A judge may order pretrial detention, and may
require the detainee to be in isolation (for renewable 4-week
periods after a hearing before a judge), for a period up to the
length of the prison sentence for the charged crime.  Pretrial
detention usually lasts from a few weeks to a few months.  As
of October, 633 of the 3,752 prisoners in Danish jails (17
percent) were in pretrial detention.  Any detainee has the
right to choose an attorney or have a free public attorney.
Bail is allowed, but it is rarely used; courts have prescribed
six other means for obtaining pretrial release, and these are
generally considered preferable.  There is no exile.
     e.  Denial of Fair Public Trial
The right to a fair public trial is enforced by a fully
independent judiciary.  Trials are usually public, but judges
may make exceptions to protect the privacy or security of any
participant, e.g., in divorce cases or where the charge is rape
or paternity.  In criminal cases, trials are closed when
necessary to protect a victim's privacy, such as in rape cases,
or to safeguard a witness' identity.
Defendants are presumed innocent, and have the right to be
present, to confront witnesses, and to present evidence.  Both
the defendant and the prosecution have the right to appeal a
sentence.
Judges are appointed by the Minister of Justice, and serve
until age 70.  They cannot be dismissed but can be impeached
for negligence or criminal acts.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution stipulates that without a court order there
can be no searching of any home, surveillance of any
individual, seizure of any paper, or breaching of the
confidentiality of any communication.  The Government respects
these prohibitions.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
An independent press, an effective judiciary, and a democratic
political system ensure freedom of speech and press.  There is
one state-owned radio and television company.  Editorial
control is exercised by a board independent of the Government.
A second national television channel is one-third government
subsidized.  Several independently owned Danish-language
channels are available on the local cable net or via satellite
dishes.  Programs critical of the Government appear on all
channels.  Cable television and satellite dishes, which are now
common, ensure wide access to foreign news broadcasts.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for these freedoms, and the
Government respects them.  Public meetings require permits,
which are routinely given.  Any organization may affiliate with
international bodies.
     c.   Freedom of Religion
The Constitution provides for complete religious freedom, and
the Government respects this in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens have full freedom of travel and movement within and
outside Denmark and freedom of repatriation.  People who
qualify as refugees are never repatriated against their will.
However, pursuant to the Dublin Convention, asylum-seekers who
arrive via another safe country are returned directly to that
country.  Also, Denmark increasingly seeks to repatriate
applicants unable to establish a claim to asylum.  Unsuccessful
asylum applicants are returned directly to their home countries.
In 1993 Justice Minister Erik Ninn-Hansen was impeached for his
illegal actions in hampering the processing of family-
reunification petitions from Tamil refugees.  His trial was
postponed in 1994 due to his severe illness.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have both the right and the ability to change their
government peacefully.  Ministers are responsible to the
Folketing and may be removed by a vote of no confidence.  The
Prime Minister is appointed by the Queen after consultation
with parties in the Parliament.  Parliamentary elections must
take place every 4 years or (by decision of the Prime Minister)
earlier, with voting by secret ballot.  A system of
proportional representation benefits small parties.  There are
no restrictions, in law or in practice, on the participation of
women or minorities in voting, politics, or government.  Women
currently head two political parties in the Parliament; hold 7
of the 20 cabinet positions; and hold 58 of the 179 seats in
the Parliament.
The territories of Greenland (whose population is primarily
Inuit) and the Faroe Islands (whose inhabitants have their own
Norse language) have democratically elected home-rule
governments with powers encompassing all matters except foreign
affairs, monetary affairs, and national security.  Greenlanders
and Faroese are Danish citizens, with the same rights as those
in the rest of the Kingdom.  Each territory elects two
representatives to the Folketing.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Domestic and international human rights organizations freely
monitor and issue reports, without government restriction.
Section 5   Discrimination Based on Race, Sex, Religion,
            Disability, Language, or Social Status
The Government's operations and extensive public services do
not discriminate on the basis of any of these factors or on the
basis of sexual orientation.  The rights of indigenous people
are carefully protected.
     Women
There are no restrictions on participation of women in the
civilian work force.  Women hold positions of authority
throughout society, though they are underrepresented at the top
of the business world.  The law requires equal pay for equal
work, but wage inequality still exists.  The law prohibits
discrimination on the basis of sex, and provides recourses such
as access to the Equal Status Council.
     Children
The Government is committed to ensuring that each child
receives humane treatment within the family and from society.
There is no pattern of societal abuse against children.  The
production (but not the possession) of child pornography is
illegal in Denmark.  The law requires parents to protect
children from physical and psychological abuse.  The
authorities act swiftly to protect children from actually or
potentially abusive or neglectful parents.
     Indigenous People
The law protects the rights of the inhabitants of Greenland and
the Faroe Islands.  The Greenlandic legal system seeks to
accommodate Inuit customs.  Accordingly, it provides for the
use of lay people as judges, and it sentences most prisoners to
holding centers (rather than to prisons) where they are
encouraged to work, hunt, or fish during the day.
In Greenland, education is provided to the native population in
both the Inuit and Danish languages.
     People with Disabilities
There is no Danish legislation explicitly banning
discrimination against the handicapped in hiring or on-the-job
treatment.  However, a longstanding regulation on hiring for
the civil service gives preference to any handicapped
candidates among equally qualified ones.
Danish regulations require special installations for the
handicapped in public buildings built or renovated after 1977,
and in older buildings that come into public use.
Section 6  Worker Rights
     a.   The Right of Association
The law states that all workers, including military personnel
and the police, may form or join unions of their choosing.
Approximately 80 percent of all workers are union members.  The
unions are independent of the Government and political
parties.  The Danish Confederation of Trade Unions, which
includes about half of the country's work force, remains
closely associated with the Social Democratic Party.  Unions
may affiliate freely with international organizations, and they
do so actively.
All unions except those representing civil servants or the
military have the right to strike.
     b.  The Right to Organize and Bargain Collectively
Workers and employers acknowledge each other's right to
organize.  Collective bargaining is protected by law, and is
widespread in practice.
The law prohibits antiunion discrimination by employers against
union members and organizers, and there are mechanisms to
resolve disputes.  Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities.
In the private sector, salaries, benefits, and working
conditions are agreed upon in biennial negotiations between the
various employers' associations and the union counterparts.  If
the negotiations fail, a national conciliation board mediates,
and its proposal is voted on by management and labor.  If the
proposal is turned down, the Government may force a legislated
solution on the parties (usually based upon the mediators'
proposal).  The agreements, in turn, are used as guidelines
throughout the public as well as the private sector.  In the
public sector, collective bargaining is conducted between the
employees' unions and a government group led by the Finance
Ministry.
Labor relations in Greenland are conducted in the same manner
as in Denmark.  In disputes, Greenlandic courts are the first
recourse, but Danish mediation services or the Danish Labor
Court may also be used.
In the Faroes there is no umbrella labor organization, but
individual unions engage in periodic collective bargaining with
employers.  Disputes are settled by mediation.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited and does not occur.
     d.  Minimum Age for Employment of Children
The minimum age for full-time employment is 15.  The law
specifies limitations on the employment of workers between 15
and 18 years of age, and it is enforced by the Danish Working
Environment Service (DWES), an autonomous arm of the Ministry
of Labor.
     e.  Acceptable Conditions of Work
There is no legally mandated national minimum wage, but
national labor agreements effectively set a wage floor.  The
lowest wage is currently about $11 per hour (Danish Kroner 68
per hour), which is sufficient for an adequate standard of
living for a worker and family.  The law provides for 5 weeks
of paid vacation.  A 37-hour workweek is the norm, established
by contract, not by law.  The law does, however, require at
least 11 hours between the end of one work period and the start
of the next.
The law also prescribes conditions of work, including safety
and health; duties of employers, supervisors and employees;
work performance; rest periods and days off; and medical
examinations.  The DWES ensures compliance with labor
legislation.  Workers may remove themselves from hazardous
situations or arms production without jeopardizing their
employment rights, and there are legal protections for workers
who file complaints about unsafe or unhealthy conditions.
Similar conditions of work are found in Greenland and the
Faroes, except that their standard workweek is 40 hours.  As in
Denmark, this is established by contract, not by law, and the
law requires an 11-hour rest period.
DJIBOUTI1
qTITLE: DJIBOUTI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            DJIBOUTI
Despite 1992 constitutional changes that permitted the creation
of four political parties, President Hassan Gouled Aptidon and
the People's Rally for Progress (RPP), in power since
independence in 1977, continued to rule the country.
Djibouti's two main ethnic groups are the politically
predominant Issa (the tribe of the President, which is of
Somali origin) and the Afar (who are also numerous in Ethiopia
and Eritrea).  The Afar comprise the largest single tribe in
Djibouti but are outnumbered by the Issa and other Somali clans
(Issak and Gadabursi) taken together.
On December 26, 1994, the Government signed an agreement that
recognized the Afar-led Front for the Restoration of Unity and
Democracy (FRUD) as a legitimate political party.  The
Government is expected to name a number of FRUD members to key
posts during 1995.  The FRUD had been engaged in insurgency
actions against the Government since 1991.  Neither of the two
officially recognized opposition parties, the Party for
Democratic Renewal (PRD) or the National Democratic Party
(PND), hold parliamentary seats.  The PND boycotted the
December 1992 legislative elections, and the FRUD persuaded
most Afars not to participate.  As a result, the RPP won all 65
parliamentary seats and, with the managed reelection of
President Gouled in May 1993, now holds all significant
government posts as well. The next legislative elections are
scheduled for 1997.
Under the Ministry of Defense, the Djiboutian National Armed
Forces (composed of the army, the national security forces, and
the gendarmerie) are responsible for internal and external
security.  There is a small uniformed police force.
Since the FRUD insurgency began in the Afar-dominated north,
the armed forces have tripled in size, placing an enormous
burden on the economy.  Even though the insurgency diminished
greatly during the year--consisting largely of scattered FRUD
attacks on government troops--the Government moved slowly on
demobilization, in part because adult male unemployment in the
capital was already around 60 percent.  In March the Government
began negotiations with the main faction of the FRUD and signed
a peace agreement at the end of the year.  Both sides were
responsible for the death of noncombatants before the fighting
ended.
Djibouti has no industry; services and commerce provide most of
the national income based on the large foreign expatriate
community of 12,000, including 3,800 French soldiers, and the
state-controlled maritime and commercial activities of the Port
of Djibouti, the airport, and the Addis Ababa-Djibouti
railroad.  Only a few mineral deposits exist in the country,
and the arid soil is unproductive--only 10 percent is pasture
and 1 percent is forested.  People are free to pursue private
business interests and to hold personal and real property.
Human rights remained restricted despite the introduction of a
new Constitution in 1992 and a limited multiparty political
system.  The judiciary is still not independent of the
executive.  While reports of military abuses of civilians in
the north ended in March, there were several new reports of
security force brutality against Afar civilians, including
extrajudicial killings, both in the north and in putting down
demonstrations in Djiboutiville.  The Government prosecuted,
but subsequently released, four political opponents who had
signed a FRUD declaration calling for continued armed
struggle.  At the same time, the Government permitted somewhat
increased freedoms of speech and the press and eased
restrictions on freedom of movement in the north.  The
Government permitted the International Committee of the Red
Cross (ICRC), U.N. representatives, and diplomatic missions
resident in Djibouti access to prisoners and insurgent areas.
The traditional practice of female genital mutilation continued
to be a problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known instances of politically motivated
extrajudicial killings.  However, there were credible reports
that security forces might have killed civilians in skirmishes
with FRUD insurgents and used excessive force in quelling
Afar-led demonstrations.  The most important incidents
included, in January, the alleged killing by government forces
of 7 FRUD supporters in retaliation for an earlier ambush on
government forces.  In March there were unconfirmed reports
that government forces killed 36 FRUD supporters, including
civilians during fighting.  It was impossible to verify the
number of casualties or to determine whether the reported
victims were civilians or antigovernment insurgents.
In June police used excessive force in a violent clash with
Afar demonstrators, killing as many as 7 persons and wounding
15 others, after the authorities moved to destroy makeshift
homes and a community run school in an Afar squatter
neighborhood (see Section 2.d.).
     b.  Disappearance
There were no reports of disappearances.  An investigation
launched by the authorities in 1991 to determine culpability in
an old disappearance case yielded no concrete results.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution states that no one shall be subjected to
torture or to other inhuman, cruel, degrading, or humiliating
punishments.  Under the new Penal Code adopted in October,
torture is punishable by 15 years in prison.  Senior government
officials pressed for and generally succeeded in bringing about
an improvement from the situation in 1993, particularly after
peace discussions began with the FRUD in the spring.
Nevertheless, especially during the first 3 months of 1994,
credible reports indicated that security forces abused
detainees, particularly Afars in the northern region and
persons suspected of links with the FRUD.  There were credible
reports of the involvement of government forces in the rape of
at least one dozen Afar women and girls in the Mabla and Oueima
regions in March.
Prison conditions are harsh.  There were no reports of abuses
leading to the deaths of prisoners or rape of female
prisoners.  The Government permitted representatives of the
ICRC regular access to all prisoners, whether civilian or
military.
     d.  Arbitrary Arrest, Detention, or Exile
The 1994 Penal Code stipulates that the State may not detain a
person beyond 48 hours without an examining magistrate's formal
charge.  Another 48-hour detention can be accorded to the
police assuming the prior approval of Djibouti's public
prosecutor.  Persons charged with political or national
security offenses can be detained as long as an investigation
is underway.  Nevertheless, the police often disregarded these
procedures, normally arresting persons without warrants and
sometimes detaining persons for lengthy periods (see Section
1.e.).
As far as known, the Government held no political or security
detainees at the end of the year.  The security forces captured
about 30 FRUD combatants during the previous 2 years.  Most of
these persons gained release during an ICRC-arranged exchange
at the end of 1993 or early in 1994.  The agreement signed with
the FRUD in December grants amnesty to all FRUD militants.
     e.  Denial of Fair Public Trial
The legal system comprises legislation and executive decrees,
French codified law adopted at independence, Shari'a (Islamic)
law, and traditions of the native nomadic peoples.  Crimes
committed in urban centers are dealt with in accordance with
French-inspired law and judicial practice in the regular
courts.  Civil actions may be brought in these courts or in the
traditional courts.  Shari'a law is restricted to civil and
family matters.
A special State Security Court hears cases of espionage,
treason, and acts threatening the public order or "the interest
of the Republic."  This Court tries people accused of political
crimes and persons judged to be a danger to national security.
The Court normally meets in closed session but not always; any
decision may be appealed to the Supreme Court.
The Constitution states that the accused is innocent until
proven guilty, has the right to legal counsel, and the right to
be examined by a doctor if imprisoned.  Legal counsel is
available to the indigent in criminal and civil matters.  Court
cases are heard in public before a presiding judge and two
accompanying judges.  The latter receive assistance from two
persons--"assessors"--who are not members of the bench, but who
possess enough sophistication to comprehend legal proceedings.
While the Government selects the assessors from the public at
large, human rights groups have claimed that political and
ethnic affiliations played a role in determining who was
selected.  The constitutional provisions for a fair trial are
generally respected in regular nonpolitical criminal cases.
Theoretically, imprisonment can legally occur only if an arrest
warrant is confirmed by a judicial magistrate.  However, in
practice, security forces arrest people without warrants.
The judiciary is not independent of the executive.  The State
Security Court tries people accused of political crimes and
persons judged by the President to be a danger to national
security.  In recent years, a number of legal proceedings
commanded public attention as not meeting international
standards of fair trial.  Some members of the State Security
Court as well as investigating magistrates do not have a legal
education.  Although State Security Court decisions may be
appealed to the Supreme Court, lower court sentences are
usually sustained.
There were no known political prisoners.  The trial of the four
political opponents, who in January had signed a document which
called for continued armed struggle against the Government,
took place in early May.  The defendants were represented by
counsel and released after the trial at Djibouti's Palais de
Justice, while supporters of the four demonstrated outside.
Human rights activist Mohamed Houmed Souleh, a male nurse and
former parliamentarian, was detained in September 1993 for
alleging official involvement in a politically motivated
killing.  After being sentenced to 3 months' imprisonment and a
fine in October, the Appeals Court ordered a reduction in the
sentence in January 1994 to 1 month's imprisonment.  The
Supreme Court affirmed this ruling, and Souleh was permitted to
regain his freedom.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of the family,
home, correspondence, and communications.  However, the
Government monitors the communications of regime opponents,
including opposition party and Afar leaders.  Warrants are
required for the authorities to conduct searches on private
property.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The conflict between the armed forces and the Afar-led
insurgents resulted in the excessive use of force and
violations of humanitarian law concerning treatment of
civilians.  Most of these abuses occurred early in the year and
ended by April after the start of negotiations between the
Government and the FRUD.  After denying the ICRC and foreign
embassies access to the north during the second half of 1993,
the Government allowed controlled access to most areas in the
spring.  Complete access became available after the signing of
the peace accord in December.
Low-level fighting took place between the security forces and
insurgents during the first months of the year.  Following a
period of calm, the Government and the FRUD signed a peace
agreement in December.  The French continued to provide
humanitarian assistance to Djibouti.  French troops delivered
relief supplies or were present in limited numbers in towns
like Tadjourah.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Government owns the electronic media, the most important
medium for reaching the public, as well as the principal weekly
newspaper.  The official media do not criticize the President
or the Government.  However, there are several opposition-run
weeklies which circulate freely with open criticism of the
Government.  The Government permitted television coverage of
the annual congress of one of the two legal opposition parties,
during which the party leader sharply criticized the
authorities.
In contrast to 1993, when the authorities interrogated,
arrested, detained, or tried persons who publicly criticized
the Government or the President, the Government did not commit
such abuses in 1994.  The improvement appears to reflect the
ending of the insurgency and outside pressure.
The Government also did not interfere with foreign broadcasts
or prevent the distribution of foreign publications.
There are no specific laws or other criminal sanctions that
threaten academic freedom.  In general, teachers may speak and
conduct research without restriction as long as they do not
violate the laws on sedition.  There were several student
demonstrations in 1994.  The chief cause was the late payment
of government subsidies.  However, the demonstrations were
largely a manifestation of despair about the parlous state of
the economy.
     b.  Freedom of Peaceful Assembly and Association
The right to free assembly is provided for in the Constitution,
and the Government generally respected this right.  The
Ministry of Interior requires permits for peaceful assembly,
and the Government sometimes used the absence of a permit as
the legal basis for action against demonstrators.  In 1994 the
authorities denied a permit to Aden Roblem Awaleh's National
Democratic Party (PND) on grounds that it would lead to
violence.  Some opposition leaders effectively practiced
self-censorship.  Rather than provoke a government crackdown,
they refrained from organizing popular demonstrations.
Security forces used excessive force in putting down
spontaneous demonstrations, such as in an incident in the Afar
squatter community (see Section 2.d.).
The Constitution sanctions four political parties, but the
ruling party, the RPP, reserves the right to determine the
criteria and the circumstances under which the other parties
may be recognized as legal entities.  The Government recognized
the PND and the PRD throughout the year, and formally
recognized the FRUD in December.  Nonpolitical associations
must register with the Ministry of the Interior in accordance
with a law enacted at the turn of the century.
     c.  Freedom of Religion
Islam is the state religion.  Virtually the entire population
is Sunni Muslim.  The Government imposes no sanctions on those
who choose to ignore Islamic teachings on such matters as diet,
alcoholic consumption, and religious fasting.
The foreign community supports Roman Catholic, French
Protestant, Greek Orthodox, and Ethiopian Orthodox Churches.
Foreign clergy and missionaries may perform charitable works
but proselytizing, while not illegal, is discouraged.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The civil war seriously restricted movement between north and
south until spring, when the insurgency declined, except in one
or two enclaves.  Djiboutians may travel or emigrate to foreign
countries without restriction or interference.  In October the
Government lifted passport restrictions for travel to Israel.
On at least two occasion during the year, the Government razed
squatter settlements built on public land by Afars displaced by
the civil conflict and others, including illegal immigrants
from Somalia and Ethiopia.  In one "clean up" early in the
year, the Government moved some of the displaced Afar to an
alternative site 12 kilometers from Djibouti and rounded up
non-Djiboutians and sent them to refugee camps.  In June the
Government, in attempting to raze an Afar neighborhood,
destroyed makeshift homes and a community run school.  Security
forces used massive force against the subsequent, spontaneous
protest, killing 7 persons and wounding 15.  The authorities
claimed that they responded to attacks on police by residents
with stones, clubs, and knives.
Since 1991 about 9,000 civilians, largely Afar, have fled the
civil conflict, mainly to Ethiopia and Eritrea.  Despite the
much improved security situation in 1994, very few Afar
returned in 1994.
Djibouti hosts almost 120,000 refugees, according to government
sources, approximately a fifth of the total population.  The
United Nations High Commissioner for Refugees (UNHCR)
acknowledges only the presence of some 45,000 refugees, largely
from Somalia and Ethiopia resident in four main refugee camps.
There are several thousand others living and working illegally
in Djiboutiville.  The UNHCR figures are based entirely on the
number of people living in recognized camps and not on the
larger population pool counted as refugees by the authorities.
Late in 1994 the Government began in cooperation with UNHCR to
move illegal residents to refugee camps for repatriation to
Ethiopia.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Although the 1992 Constitution provides for the right of
citizens to change their government in theory, in practice
citizens have not yet been allowed to exercise this right.  The
RPP has carefully controlled the implementation of the new
four-party system, and with the opposition largely refusing to
participate, easily ensured total RPP control of the
legislature in 1992 and President Gouled's reelection to a
fourth term in 1993.  Many Afars, particularly supporters of
the FRUD, claim that the Constitution was crafted to ensure the
President's domination of virtually all aspects of the
Government, including the legislature and judiciary.
The Government signed a peace agreement with the FRUD in
December 1994.  The agreement set the stage for the inclusion
of FRUD members in senior government posts, although this
anticipated development had not taken place by the end of the
year.  As negotiations took place during the year, the security
situation improved markedly.
Although legally entitled to participate in the political
process, women are largely excluded from senior positions in
government and in the political parties.  There are no women in
the Cabinet or in Parliament.  The highest ranking woman in the
country is Mrs. Khadija Abebe, President of the Court of
Appeals.  At least three other women serve as judges, while
several are school administrators.  The director of
multilateral organizations in the Ministry of Foreign Affairs
also is a woman.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government has been hostile to the formation of local human
rights groups.  In the case of the Association for the Respect
for Human Rights and Liberties (ADDHL), in 1993 the Government
imprisoned its Association leader, Mohamed Houmed Soulleh,
after he criticized military abuses in the civil conflict, and
in 1994 continued to deny the ADDHL recognition (see Section
1.e.).  The ADDHL continued to function during 1994, however,
with Soulleh as its head.  No other known human rights groups
exist.  No international human rights group visited the country
in 1994.
The Government cooperated with some international human rights
organizations, including the ICRC which in 1993 played a large
role in the exchange of prisoners in the civil conflict.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of
language, race, sex, or religion, but discrimination against
women and ethnic minorities is widespread.
     Women
Women legally possess full civil rights, but in practice, due
to traditional societal discrimination in education and other
areas, play a secondary role in public life and do not have the
same employment opportunities as men.  With only a few women in
the professions, women are largely confined to wage employment
in small trade as well as in the clerical and secretarial
fields.  Customary law discriminates against women in such
areas as inheritance, divorce, property ownership, and travel.
The French Legal Code does not, prompting many educated women
to seek to defend their interests through the Western legal
framework.
Violence against women does not appear to be a major problem.
When violence against women does occur, it normally is dealt
with within the family or clan structure rather than in the
courts.  The police rarely interfere in domestic violence
cases, and the media cover only the most extreme cases, such as
murder.  The Government has been increasingly concerned about
the growing problem of rape, and included in the new 1994 Penal
Code stiff sentences for rape ranging up to 20 years in
prison.  No cases were tried under the new Code before the end
of the year.
     Children
Although there are a few charitable organizations working with
children, the Government devotes virtually no public resources
to the advancement of children's rights and welfare.
According to an independent expert, as many as 98 percent of
Djiboutian females have undergone female genital mutilation
(FGM), which international health experts widely condemn as
physically and psychologically damaging.  In Djibouti FGM is
generally performed on girls between the ages of 7 and 10.  In
1988 the Djiboutian National Women's Union began an educational
campaign against FGM, particularly infibulation, the most
extensive and dangerous form of sexual mutilation.  The
campaign has had only marginal impact on this pervasive
custom.  Judicial reforms enacted in 1991 stipulate that anyone
found guilty of genital mutilation of young girls can face a
heavy fine and 5 years in prison.  However, the Government has
not convicted anyone under this statute.
The Government has not specifically addressed other forms of
child abuse, which are often lightly punished.  For example,
when a child is raped or otherwise abused, the perpetrator is
usually fined an amount sufficient to cover medical care given
to the injured child.  The Government has not as yet used
provisions of the new Penal Code to deal more stiffly with
domestic violence and child abuse.
     National/Racial/Ethnic Minorities
The Government continued to discriminate against citizens on
the basis of ethnicity in terms of employment and advancement.
The Issa (the dominant Somali clan in Djibouti) control the
ruling party, the civil and security services, and the
military.  The President's subclan, the Mamassan, is
particularly strong and wields disproportionate power in the
affairs of state.
     People with Disabilities
The Government does not mandate accessibility to buildings or
government services for people with disabilities.  Although
disabled persons have access to education and public health
facilities, there is no specific legislation that addresses
their needs, and there are no laws or regulations which prevent
job discrimination against disabled people, who find it
difficult to find employment in an economy where approximately
60 percent of the able-bodied male adult population is
underemployed or jobless.
Section 6  Worker Rights
     a.  The Right of Association
Under the Constitution, workers are free to join unions and to
strike provided they comply with legally prescribed
requirements.  In the small wage economy, about 70 percent of
workers are union members, concentrated in individual private
or state-owned enterprises.  Previously, the Government exerted
control over individual unions by making membership mandatory
in the state-organized labor confederation, the General Union
of Djiboutian Workers (UGTD).  Since 1992 unions are free to
join or form other confederations.  While the UGTD is now
nominally independent of the Government, it still has close
ties to the RPP.  However, the Democratic Labor Union (UDT) has
gained increasing union support.
The prescribed legal requirement for initiating a strike calls
for the representatives of employees who plan to do so to
contact the Interior Ministry 48 hours in advance.  Most of the
strikes in 1994 were legal.  In May elementary school teachers
struck over nonpayment of salaries.  The Education Minister
attempted to declare the strike illegal and dissolve the
union.  When secondary school teachers struck in support of
their colleagues, the Minister backed down.  The Labor Law
prohibits employer retribution against strikers and is
generally enforced.
Unions are free to maintain relations and exchanges with labor
organizations in other countries.  The UGTD is affiliated with
the Organization of African Trade Union Unity.  The UDT applied
for affiliation with the International Confederation of Free
Trade Unions in early 1994.
     b.  The Right to Organize and Bargain Collectively
Although labor has the right to organize and bargain
collectively, collective bargaining rarely occurs.  Relations
between employers and workers are informal and paternalistic.
Wages are generally established unilaterally by employers on
the basis of Ministry of Labor guidelines.  When disputes about
wages or health and safety issues arise, the Ministry of Labor
encourages direct, ad hoc resolution by labor representatives
and employers.  Workers or employers may request formal
administrative hearings before the Ministry of Labor's
inspection service.  The law prohibits antiunion discrimination
against employees, and employers guilty of such discrimination
are legally required to reinstate workers fired for union
activities.  The Ministry generally enforces the law.
An export processing zones was established in December.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and while this is
generally observed, security forces sometimes compel illegal
immigrants to work for them in lieu of deportation.
     d.  Minimum Age for Employment of Children
The legal minimum age for the employment of children is 14
years, and the law is generally respected.  However, the
shortage of labor inspectors makes it unlikely that
investigations are ever carried out, according to union
sources.  Children are generally not employed under hazardous
conditions.  Children  may and do work in family-owned
businesses, such as restaurants and small shops, at all hours.
Many street beggars are young children whose parents have
forced them to beg to help support the family.
     e.  Acceptable Conditions of Work
Only a small minority of the population is engaged in wage
employment.  The Government sets administratively minimum wage
rates according to occupational categories, and the Ministry of
Labor is charged with enforcement.  Last raised in 1982, the
minimum monthly wage rate is approximately $200 (35,900
Djiboutian francs) for a 12-hour day of unskilled labor.  Many
workers also receive housing and transportation allowances.
Even with these fringe benefits, however, the minimum wage does
not provide adequate compensation for a worker and family to
maintain a decent standard of living.
By law, the workweek is 40 hours, often spread over 6 days.
Workers are guaranteed daily and weekly rest periods and paid
annual vacations.  The Ministry of Labor is responsible for
enforcing occupational health and safety standards, wages, and
work hours.  Because enforcement is ineffective, workers
sometimes face hazardous working conditions, particularly at
the port.  Workers rarely protest as they fear replacement by
others willing to accept the risks.  There are no laws or
regulations permitting workers to refuse to carry out dangerous
work assignments without jeopardy to continued employment.
DOMINICA1
2TITLE:  DOMINICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            DOMINICA
Dominica is a parliamentary democracy and a member of the
Commonwealth of Nations.  The Dominica Freedom Party, led by
Prime Minister Eugenia Charles, has been in office since 1980,
having won reelection in 1985 and 1990 in free and fair
elections.  The Constitution calls for elections at least every
5 years; the next one is due by August 1995.
The Dominica Police is the only security force.  It is
controlled by and responsive to the democratically elected
government.
Dominica's primarily agrarian economy depends on earnings from
banana exports to the United Kingdom.  The banana industry
throughout the Windward Islands suffered a severe downturn in
1993-94, and tropical storm Debbie destroyed 15 percent of the
island's banana trees in September.  The Government is
attempting to develop its tourist industry, to diversify
agricultural production, and to promote exports of raw fruits,
vegetables, and coconut products both within and outside the
region.
Human rights are generally well respected in Dominica.  In one
case in which a policeman shot a man, the authorities suspended
him pending trial for manslaughter.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
However, during campaigning for a new chief of the Carib
indigenous territory in June, a policeman shot and killed a
man.  The policeman said he was protecting himself and others,
but witnesses claimed the shooting was unprovoked and stemmed
from a lingering feud.  The authorities reduced the charges to
manslaughter, suspended the policeman, and released him on bail
pending trial in 1995.
     b.  Disappearance
There were no reports of disappearances or politically
motivated abductions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture or other forms of cruel,
inhuman, or degrading treatment or punishment, and there were
no reports of such practices.  Overcrowding and unsanitary
conditions continue to be problems in Dominica's only prison
facility.  The presiding High Court justice toured the prison
in October and condemned the sanitation and living conditions.
An addition to the prison is under construction.  The prison
provides work therapy, sports programs, educational
opportunities, and counseling for inmates.
     d.  Arbitrary Arrest, Detention, or Exile
The law requires that police charge persons with a crime within
24 hours after arrest or detention, or release them from
custody.  This is honored in practice, except in rare cases in
which, for example, persons cannot afford legal counsel.
     e.  Denial of Fair Public Trial
The law provides for public trial before an independent,
impartial court.  Criminal defendants are presumed innocent
until proven guilty, are allowed legal counsel, and have the
right to appeal.  Courts provide free legal counsel to
indigents only in capital cases.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary entry, search, and
seizure.  The law requires search warrants.  While there were
no official reports of arbitrary government intrusions into the
private lives of individuals, human rights monitors allege that
the authorities often searched young men with little or no
probable cause in drug-related inspections.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the right of free expression, and
the Government respects this in practice.  The political
opposition openly criticizes the Government.  Dominica's main
radio station is state owned but offers ample access for
citizens to express their views.  There is also an independent
radio station owned by the Catholic Church which broadcasts,
although it has not yet been granted an official operating
license.
Dominicans also enjoy good access to independent news sources
through cable television and radio reception from neighboring
islands.  The print media consist of two private newspapers and
political party journals; all publish without censorship or
government interference.
     b.  Freedom of Peaceful Assembly and Association
The Government respects the constitutionally mandated freedoms
of association and assembly and does not hinder opposition
groups from holding political meetings or public
demonstrations.  Such meetings and gatherings were held
frequently throughout the year.
     c.  Freedom of Religion
The Constitution provides for and the Government respects in
practice the right of all citizens to worship freely.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law provides for these rights, and the authorities respect
them in practice.  The Government may revoke passports if
subversion is suspected but has not done so in recent times.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Dominica, independent since 1978, has a historical tradition of
democracy and home rule.  The Prime Minister and an appointed
Cabinet exercise executive power.  The law provides for
elections by secret ballot to be held at least every 5 years,
at the discretion of the Prime Minister.  Indigenous Carib
Indians participate in national political life and enjoy the
same civil rights accorded other Dominican nationals.  Although
there are no impediments in law or in fact to the participation
of women in leadership roles in government or political
parties, Dominica has only one female Member of Parliament.
The dearth of women in politics reflects socioeconomic
prejudices that have relegated women in the eastern Caribbean
to traditional employment and family roles.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no government restrictions on the formation of local
human rights organizations, although no such groups exist.
Several advocacy groups, such as the Association of Disabled
People and a women's and children's self-help organization,
operate freely and without government interference.  There were
no requests for investigations of human rights abuses from
international or regional human rights groups during 1994.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution includes provisions against racial and sexual
discrimination, which the authorities respect in practice.
     Women
Beyond the general protection of the Constitution, women do not
benefit from any specific civil rights legislation.  There is
little open discrimination, yet sexual harassment and domestic
violence cases are common, and there is no family court to deal
specifically with domestic issues.  Both the police and the
courts prosecute cases of rape and sexual assault, but there is
no specific recourse for women who are abused by their
husbands.  Women can bring charges against husbands for
battery, but there are no specific spousal abuse laws.  The
Welfare Department often provides assistance to victims of
abuse by finding them temporary shelter, providing counseling
to both parties, or recommending police action.  The Welfare
Department reports all cases of abuse to the police.  The
courts may issue protective orders, but the police do not
consistently enforce them.
Property ownership continues to be deeded to "heads of
households", who are usually males.  When the husband head of
household dies without a will, the wife cannot inherit the
property or sell it, although she can live in it and pass it to
her children.  In the civil service, the law establishes fixed
pay rates for specific jobs, whatever the gender of the
incumbent.  There is no law requiring equal pay for equal work
for private sector workers.
     Children
Various laws enumerate children's rights in Dominica.  Reported
cases of child abuse increased from 127 in 1990 to 252 in 1993;
the Government has not responded with any increase in the
number of social workers assigned to handle such cases.
Although the maximum sentence for sexual molestation (rape,
incest) is life imprisonment, the normal sentence given is 15
years except in the case of murder.  During 1992 the age of
consent to sexual relations was raised from 14 to 16.
     Indigenous People
There is a significant Carib Indian population in Dominica,
estimated at 3,000 out of a total population of 72,000.  Most
live on a 3,700-acre reservation created in 1903.  School,
water, and health facilities available on the Carib reservation
are similar to those available to other rural Dominicans.
     People with Disabilities
Beyond the general protection of the Constitution, there is no
specific legislation dealing with the disabled.  There is no
requirement mandating access for those with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
All workers have the legal right to organize, to choose their
representatives, and to strike, but unions represent less than
10 percent of the work force.  All unions are independent of
the Government.  While there are no direct ties, members of
certain political parties dominate some unions.  There was a
major strike by taxi and bus workers in April 1994.  There is
no restriction on forming labor federations, and unions are
affiliated with various international labor bodies.
     b.  The Right to Organize and Bargain Collectively
Unions have legally defined rights to organize workers and to
bargain with employers.  Collective bargaining is widespread in
the nonagricultural sectors of the economy, including the
government service, and there is also recourse to mediation and
arbitration by the Government.  The law prohibits antiunion
discrimination by employers, and judicial and police
authorities enforce union rights.  In addition, employers must
reinstate workers fired for union activities.  It is legally
compulsory for employers to recognize unions as bargaining
agents once both parties have followed appropriate procedures.
Department of Labour inspectors under the supervision of the
Labour Commissioner enforce labor legislation, but the small
Labour Inspection Office lacks qualified personnel to carry out
its duties.
Labor regulations and practice governing Dominica's industrial
areas and other export firms do not differ from those
prevailing in the rest of the economy.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it does not
exist.
     d.  Minimum Age for Employment of Children
The minimum legal age for employment is 15 years.  Employers
generally observe this law without government enforcement.
     e.  Acceptable Conditions of Work
The law sets minimum wages for various categories of workers.
These were last revised in November 1989.  The minimum wage
rate for most categories of workers is $0.56 (EC$1.50) per
hour, but for domestic servants it is $0.37 (EC$1.00) per hour
if meals are included, and $0.46 (EC$1.25) per hour if meals
are not included.  The minimum wage is not sufficient to
provide a decent standard of living for a household.  However,
most workers (including domestics) earn more than the
legislated minimum wage.
The standard legal workweek is 40 hours in 5 days.  The law
provides for a minimum of 2 weeks' paid vacation.  The
Employment Safety Act provides occupational health and safety
regulation.  Local nongovernmental organizations and one major
union consider it to be consistent with international
standards.  The Advisory Committee on Safety and Health is an
established body but has never met.  The rarely used
enforcement mechanism consists of inspections by the Department
of Labour, which can and does prescribe specific compliance
measures, impose fines, and prosecute offenders.  Workers have
to right to remove themselves from unsafe work environments
without jeopardy to continued employment.
DOMINICR1
@q@qTITLE:  DOMINICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                       DOMINICAN REPUBLIC
The Constitution of the Dominican Republic provides for a
popularly elected President and a bicameral Congress.  In
practice, the system heavily favors the executive branch,
headed by seven-term President Joaquin Balaguer.  The President
appoints justices to the Supreme Court, which heads an only
nominally independent judiciary.  International observers found
significant irregularities in the May elections, including the
disfranchisement of tens of thousands of voters.  Despite an
inconclusive investigation of fraud charges, the Central
Electoral Board declared incumbent President Balaguer the
winner.  After lengthy negotiations between the parties and the
candidates, it was agreed that President Balaguer would serve a
reduced term of 18 months.  However, the Congress, controlled
by Balaguer's party, set the next presidential elections for
May 1996, providing him a 2-year term instead of the normal 4
years.
The National Police (PN), the National Department of
Investigations (DNI), the National Drug Control Directorate
(DNCD), and the military (army, air force, and navy) form the
security services.  The Government controls all the security
services, which are generally responsive to civilian executive
branch authority.  However, some members of the security forces
continued to commit human rights abuses, with the tacit
acquiescence of the civil authorities.
Once heavily dependent on sugar, the economy has grown more
diverse; tourism and export processing zones are now major
sources of income and employment.  State-owned firms such as
the State Sugar Council, the Consortium of State Enterprises,
and the Dominican Electricity Corporation continue to be
heavily involved in the economy, and the financial and
administrative difficulties of these firms still impede
economic growth.
Human rights problems included electoral disfranchisement,
continuing instances of police killings of civilians, arbitrary
detentions (particularly during the tense post-electoral
period), beating of suspects, security services' refusal to
obey judicial orders, judicial corruption, maladministration of
the courts, and abuses against migrant workers.  Workers in the
state-owned sugar plantations and mills continued to labor
under deplorable conditions.  Workers in the country's export
processing zones achieved some gains with the signing of
collective contracts and other agreements.  Prostitution and
domestic violence are also serious problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
Police and military personnel carried out extrajudicial
killings which resulted in the death of at least half a dozen
civilians.  Some killings occurred as a result of personal
disputes but others clearly were the result of excessive force
while in custody.  In July the authorities charged a police
lieutenant colonel and three lieutenants with killing four
persons arrested for robbery.  In September the colonel
allegedly bribed the civilian judge to gain his freedom and
fled the country.
Military courts try military personnel charged with
extrajudicial killings.  Police personnel accused of such
killings are subject to dismissal from the police force, and
can be remanded to civilian courts for trial.  Police tribunals
have on occasion tried, convicted, and sentenced personnel
charged with extrajudicial killings.  In March a police
tribunal sentenced a lieutenant to 2 years in prison for the
"voluntary homicide of an individual."  In July a tribunal
sentenced a police corporal to 5 months' imprisonment for the
"fatal wounding" of another person.  Of the over 200 cases
pending in the police tribunal at year's end, 39 percent
involved "deliberate bullet wound", 15 percent involved death,
and 13 percent were listed as "violence against persons."
     b.  Disappearance
In May a professor at the Autonomous University of Santo
Domingo, Narciso Gonzalez, disappeared.  Police investigators
verified the professor's last known whereabouts on May 26, and
pursued numerous unfruitful leads but never determined what
happened to him.  Many Dominicans, including the professor's
close associates, believe that the Government ordered the
professor's disappearance because of his accusations against
members of the Government, including President Balaguer, in
lectures and in a magazine article published near the time of
his disappearance.  The case remained unresolved at year's end.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although torture and other forms of physical abuse are illegal,
security service personnel continued to abuse detainees.  The
authorities usually order little or no punishment for
perpetrators of such abuse.  Although punishment may range up
to 5 years' incarceration for serious cases of abuse, as a rule
the courts have given convicted officials sentences ranging
from a 1-month suspension to 6 months in jail.  In September a
police appeals tribunal upheld the conviction of a lieutenant
colonel found guilty of heading a torture ring in police
headquarters.  The court sentenced the officer to 2 years'
imprisonment.
Prisons are overcrowded, and health and sanitary conditions are
substandard.  Some prison personnel reportedly engage in
extortion and other corrupt activities, and most prisoners find
it necessary to rely on relatives or their own finances in
order to obtain sufficient food.  Medical care suffers from a
lack of supplies.  In some instances, minors have been
incarcerated in adult prisons (see Section 5).  The Commandant
of La Victoria prison was dismissed in November, following a
riot over prison conditions.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution stipulates that the authorities may detain
suspects for a maximum of 48 hours for investigation before
arraignment, after which they must charge or release them.
However, in special circumstances, the authorities may detain
suspects for longer periods with the approval of the
prosecutor's office.  Security services routinely violated
constitutional provisions by detaining witnesses as well as
suspects for "investigation" or "interrogation" beyond the
prescribed 48-hour limit.  Civil authorities' efforts to
address these widespread abuses have not yet produced any
results.
Military officers occasionally violated legal provisions
against military detention of civilians.  The DNCD and National
Police continued to engage in indiscriminate roundups of people
in poorer neighborhoods.  In September, for example, police
detained more than 200 persons in one roundup in the country's
capital.  They released most detainees after several hours in
custody.  The security services also occasionally detain
relatives of suspected criminals with the aim of coercing
suspects to surrender.  Civil authorities have taken no action
to curb these widespread abuses.
The authorities detained hundreds of persons, among them
supporters of the leading opposition party, members of other
antigovernment groups, and journalists, in the period following
the May elections.  In some cases, they carried out these
detentions ostensibly to foil possible violent demonstrations.
Various organizations had called for strikes and demonstrations
to demand annulment of the May elections and to call for new
elections.  They also asked that the authorities produce
missing university professor Gonzalez (see Section l.b.).
While the law does not prohibit exile, there are no known
current cases of Dominican citizens in forced exile.
     e.  Denial of Fair Public Trial
Although the Constitution stipulates an independent judiciary,
in practice interference from public and private entities,
including the executive branch, substantially undermines
judicial independence.  The President appoints justices to the
Supreme Court, and the Senate appoints justices to all other
courts with the exception of military and police tribunals.
Their terms of office correspond roughly to those of the
President and other elected officials.  A newly elected Senate
can either replace the judges or reconfirm them, and may remove
or transfer them by a majority vote.  Senators customarily
nominate judges on political grounds rather than for their
competence as jurists.  A number of corrupt and incompetent
prosecutors and judges also undermine the system.  Furthermore,
the judicial authorities are ineffectual in the administrative
supervision of judges and prosecutors.  A 1994 constitutional
reform gave the judiciary a fixed percentage of the national
budget, thereby diminishing legislative control, and created a
National Judicial Council which is to begin naming judges after
passage of the judicial career law.
The Constitution provides for public trial.  Statutes provide
for public defenders in all criminal cases, but the number
employed is insufficient.  The courts normally appoint lawyers
or law students at public expense to defend indigents in felony
criminal cases, but only as available in misdemeanor cases.
Chronic delays plagued the judicial process; of the penal
system's approximately 11,000 detainees, the courts have tried
and convicted only about 10 percent.  Although the right to
judicial determination of the legality of detention exists,
pretrial detention is legal and commonly employed.  This
custom, coupled with a lack of administrative and financial
support for the system, creates a major backlog of cases, which
in turn causes suspects to suffer long periods of pretrial
detention that sometimes exceed possible criminal penalties.
More than 250 persons, among them more than 50 persons without
official charges against them, remained incarcerated in Santo
Domingo's La Victoria prison despite having judicial orders for
their release, according to a group of human rights monitors.
These prisoners have been in custody for periods ranging from
1 month to more than 5 years.  Minors constitute more than half
the group.  The Attorney General for Santo Domingo called for
the release of these prisoners.  However, the National Police
and the DNCD persisted in their refusals to release some
prisoners and detainees who had been granted judicial release
orders, alleging judicial corruption and the seriousness of the
alleged crimes as justification for this noncompliance.  No
higher authority has taken action to force the prison
authorities to comply with the release orders.
The judicial system provides for bail.  However, cases in which
bail is posted rarely come to trial, circumventing the intended
purpose of bail.
Military or police courts have jurisdiction over members of the
armed forces and police, but a military or police board
frequently remands cases to civilian courts after review.
There is no evidence that the Government holds political
prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government does not arbitrarily interfere with the private
lives of persons or families and generally observes
constitutional provisions against invasion of the home.  The
authorities may not search a residence except in the presence
of a prosecutor or an assistant prosecutor, in instances of
"hot pursuit," or when there is probable cause to believe that
a crime is in progress.  During the 1994 electoral campaign and
the post-electoral crisis, there were numerous credible
allegations of widescale interception of telephone
conversations and surveillance of individuals which may have
involved the Government as well as political parties.  In
addition, opposition politicians charged that government raids
on their homes, ostensibly to search for firearms, were
politically motivated.  They also charged that the security
service officials who rounded up many of the detainees
mentioned in Section 1.d. employed illegal raids on their homes
to capture them.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for these freedoms and the Government
generally respected them in practice.  However, there were
instances in which the authorities abused these rights.
Dominicans of most political persuasions exercise freedom of
speech, but a 1971 law prohibits foreign language broadcasts.
The numerous privately owned radio and television stations
broadcast all political points of view.
The Government controls one television station but no major
newspapers.  Newspapers freely reflect independent and
opposition points of view.  Although journalists operate in a
relatively tolerant environment, they practice a certain amount
of self-censorship for fear of retaliation ranging from loss of
influence to loss of a job.  Soon after the May elections, the
Foreign Ministry issued a note warning the authorities would
take action accordingly against journalists deemed to have
violated national security.  Economic considerations also
inhibit free expression, as powerful economic consortiums or
wealthy, influential families own all the principal media
outlets.  Some journalists solicit, or are responsive to,
bribes in order to generate reports.
In July the executive committee of the College of Dominican
Journalists denounced police infringement of activities by
journalists during the postelectoral period.  During the
ensuing months, the authorities temporarily jailed a number of
journalists, beat some, and damaged their equipment.
Public and private universities enjoy broad academic freedom.
The Government exerts no control over private universities
except for the preservation of standards, and teachers appear
to be free to voice their own theories without government
oversight.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for these freedoms, which the
Government generally respects in practice.  The Government
requires permits for outdoor public marches and meetings, and
the authorities usually granted them.  However, in the
postelectoral period, the authorities preempted antigovernment
demonstrations by illegally detaining organizers.
Political parties freely affiliate with their foreign
counterpart organizations.  Professional organizations of
lawyers, doctors, teachers, and others function freely and can
maintain relations with counterpart international bodies of
diverse political philosophies.
     c.  Freedom of Religion
The Constitution prohibits discrimination on religious grounds,
and the Government does not interfere with the free practice of
religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens face no unusual legal restrictions on travel within or
outside the country.
In 1994 the authorities forcibly repatriated between several
hundred to a few thousand Haitians believed to be in the
country illegally, according to various sources.  Some of these
were legal resident Haitians and persons of Haitian ancestry
who may have claims to Dominican citizenship.  The authorities
did not allow the Haitians opportunity to establish their
possible claims to legal residence.   Although somewhat
diminished in comparison with earlier years (see Section 6.c.),
there was continued forced recruitment and detention of
Haitians to work on sugar plantations.
Since the 1991 coup in Haiti, the United Nations High
Commissioner for Refugees (UNHCR) accorded refugee status to
1,341 Haitians who fled to the Dominican Republic.  Although
the Government began processing petitions for Dominican
recognition of the refugee status of the Haitian UNHCR wards in
1991, only 10 percent have been granted such status thus far.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the constitutional right to change their
government in free and fair elections, but there were
allegations of a level of fraud in the national elections which
effectively infringed this right.  Although people voted in
record numbers in the May 16 elections, international observers
identified significant irregularities, including the
disfranchisement of tens of thousands of voters (primarily
supporters of the leading opposition party), evidence of double
voting, and voting by ineligible persons.  An investigation
commission appointed by the Central Electoral Board (an
independent body appointed by the Senate with the approval of
the major parties) largely confirmed the irregularities, noting
that they placed in dispute a number of votes potentially
larger than the margin of victory.  Despite the irregularities,
the Central Electoral Board declared incumbent President
Joaquin Balaguer the winner by 22,000 votes.
The Dominican Revolutionary Party (PRD), led by presidential
candidate Jose Francisco Pena Gomez, strongly resisted this
decision, considering it an attempt to steal the election.
Faced with an explosive political crisis, President Balaguer
negotiated a political agreement with Pena Gomez, leaders of
the next largest party, the Dominican Liberation Party (PLD),
and other political and civil figures.  The agreement included
several constitutional reforms, most notably shortening
Balaguer's new term to 18 months (meaning elections in November
1995) as well as prohibition of presidential reelection.  In
accordance with this pact, Congress ratified the Central
Electoral Board's decision.  However, the Congress, dominated
by Balaguer's party, set the next presidential elections for
May 1996, providing Balaguer a 2-year term.  After boycotting
the new Congress for a month in protest, the opposition
legislators took their seats based on a promise of future
political considerations.
The Constitution calls for the President and all 150 members of
the Senate and Chamber of Deputies to be elected every 4 years.
Elections are by secret ballot with universal suffrage for
citizens age 18 and above (except for active duty military and
police, who may not vote).  The President appoints the
governors of the 29 provinces.
Although the nation has a functioning multiparty system, in
practice the President dominates public policy formulation and
implementation.  He exercises his authority through use of the
veto, discretion to act by decree, and influence as the leader
of his party.  The Congress traditionally has had limited
powers and seldom disapproves actions by the executive branch.
The governing Reformed Christian Socialist Party (PRSC) has a
2-vote working majority in the 30-seat Senate when it combines
its 14 votes with 1 vote from the PLD and 1 vote from the
Democratic Union.  Similarly, in coalition with the PLD, it has
a working plurality in the Chamber of Deputies.  Four Senate
races and eight deputy races were close enough that they may
have been affected by the election irregularities in favor of
the ruling PRSC.
Women and minorities confront no legal or practical impediments
to political participation.  Women hold 8 of the country's 29
appointed governorships, 5 cabinet-level executive branch
positions, 14 seats in the 120-member House of Deputies, and
1 seat in the Senate.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Nongovernmental human rights organizations operate freely
without government interference.  In addition to the Dominican
Human Rights Committee (CDH), several other Haitian, church,
and labor groups exist.  The Government has been slow to
acknowledge criticism and requests for information from some
international human rights organizations.  It has not responded
to criticisms leveled by the U.N. Human Rights Commission in
1993 regarding treatment of Haitian refugees.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination based on race or sex.  Such
discrimination exists in society, but the Government has not
acknowledged its existence or made efforts to combat it.
     Women
Women traditionally have not shared equal social and economic
status or opportunity with men, and men hold the overwhelming
majority of leadership positions in all sectors.  In many
instances, women are paid less than men in jobs of equal
content and equal skill level.  According to one study, women
are the head of the household in 37 percent of the families in
the capital.  Either spouse can easily obtain a divorce, and
women can hold property in their own names apart from their
husbands.  Congress did not act on legislative proposals
introduced in 1993 to modify women's status under the Civil and
Penal Code.
Domestic violence and sexual harassment are widespread.
According to one report, approximately 7,000 rapes occur
annually, but victims report only 1,500 to the police.  Spousal
abuse itself is not a crime, and is rarely reported.
Dominican women are victims of rings which smuggle third world
women to Europe to work as prostitutes in conditions rife with
exploitation and mistreatment.  The Government does not
vigorously enforce prostitution laws, but does periodically
prosecute organized alien smuggling rings.  Corruption and a
reluctance to restrict emigration hinder enforcement of the law.
     Children
The Government has not supported its professed commitment to
child welfare with financial or human resources.  Despite the
existence of government institutions dedicated to child
welfare, private social and religious organizations carry the
principal burden.  The most serious abuse involving children is
the failure of the justice system to respect the status of
minors in criminal cases; there are more than 150 minors in the
country's main prison.  Especially in narcotics cases, the
authorities sometimes treat minors as adults and incarcerate
them in prisons rather than juvenile detention centers.
According to local human rights monitors, the incidence of
child abuse is underreported because of traditional beliefs
that family problems should be handled within the family.
Sporadic instances of Haitian child labor on sugar plantations
continued to occur (see Section 6.d.).  A new Minor's Code went
into effect on January 1, 1995.  The Code contains provisions
against child abuse, including physical and emotional
mistreatment, sexual exploitation, and child labor.  It also
provides for removal of a mistreated or delinquent child to a
protective environment.
     National/Racial/Ethnic Minorities
Dominicans are strongly prejudiced against Haitians, who
constitute a significant percentage of the unskilled manual
labor force.  This often translates into discrimination against
those with darker skin.  In election campaigning, President
Balaguer's PRSC sought to undermine PRD candidate Pena Gomez by
characterizing the latter's dark skin as a Haitian attribute.
The Government does not acknowledge the existence of this
discrimination nor make any efforts to combat it.  Dark-skinned
Dominicans also face strong informal barriers to social and
economic advancement.
Credible sources charge that the Government continues to refuse
to recognize individuals of Haitian ancestry born in the
country as Dominican citizens, as it has for many years.  Lack
of documentation also sometimes hinders the ability of children
of Haitian descent to attend school; some parents fail to seek
documentation for fear of being deported.
     People with Disabilities
Disabled persons encounter discrimination in employment and the
provision of other services.  Although a September 1991 law
mandates certain provisions for physical access for the
disabled for all new public and private buildings, the
authorities have not enforced it.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the freedom to organize labor
unions and also for the rights of workers to strike (and for
private sector employers to lock out workers).  All workers,
except military and police, are free to organize and workers in
all sectors exercise this right.  Requirements for calling a
strike include the support of an absolute majority of the
workers of the company, a prior attempt to resolve the conflict
through arbitration, written notification to the Labor
Secretariat, and a 10-day waiting period following notification
before proceeding with the strike.  The 1992 Labor Code also
eliminated previous prohibitions against political and sympathy
strikes.  The Government respects association rights and places
no obstacles to union registration, affiliations, or the
ability to engage in legal strikes.  The Government has not
established an adequate court system to enforce the Labor Code.
A number of strikes occurred in 1994, principally in the public
sector.  The Labor Code specifies in detail the steps legally
required to establish a union, federation, and confederation.
The Code calls for automatic recognition of a union if the
Government has not acted on its application within a specific
time.  In practice, the Government has readily facilitated
recognition of labor organizations.  Organized labor represents
between 10 and 15 percent of the work force and is divided
among three large confederations, three minor confederations,
and a number of independent unions.  The International Labor
Organization's Committee of Experts considers the two-thirds
majority vote required to form confederations is too high.
Unions are independent of the Government and political
parties.  Labor unions can and do freely affiliate regionally
and internationally.
     b.  The Right to Organize and Bargain Collectively
Although collective bargaining is lawful and may take place in
firms in which a union has gained the support of an absolute
majority of the workers, only a minority of companies have
collective bargaining pacts.  The Labor Code stipulates that
workers cannot be dismissed because of their trade union
membership or activities.  The previous Code allowed arbitrary
termination of a worker so long as severance pay was provided;
the 1992 Code exempts from dismissal specific numbers of union
organizers and officials.  The number of union organizers or
officials given protection from layoffs can total up to 20
members of a union in formation, between 5 and 10 members of a
union executive council (depending on the size of the work
force), and up to 3 members of a collective bargaining
negotiating committee.  The new Code established a new system
of labor courts for dealing with labor disputes.  The new
courts are located in the two jurisdictions with the most labor
activity, but the juridical problems which the courts were
established to address still prevail in the rest of the
country.  Violations of freedom of association, the minimum
wage, and overtime pay continue.
The State Sugar Council (CEA) employs workers from over 100
unions.  Dominican workers predominate in the unions, although
between two and five unions are Haitian-dominated.  The CEA
tolerates existing unions but has steadily resisted additional
union organizing activity.
The Labor Code applies in the 26 established export processing
zones (EPZ's) comprised of over 400, mostly U.S.-owned or
associated, companies employing more than 170,000 workers,
mostly women.  In 1994 four EPZ companies concluded collective
bargaining agreements with unions.  Some EPZ companies have a
history of discharging workers who attempt to organize unions.
Although the Government registered more than 50 unions in the
EPZ's since the new Labor Code went into effect in 1992, fewer
than 10 of these unions still have their membership intact.
Some unions apparently ceased to function due to firings of
union members, while others may have dissolved because of
voluntary resignations or company closure.  The Secretariat of
Labor has brought criminal charges against 55 EPZ firms for
Labor Code violations involving worker rights.  The courts
found in favor of management in the majority of cases
concluded.  The unions won two cases.  A number of cases were
under appeal and others still pending at year's end.
     c.  Prohibition of Forced or Compulsory Labor
DOMINICR2
TITLE:  DOMINICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
The law prohibits forced or compulsory labor.  During previous
years, the Government and the CEA forcibly recruited Haitian
seasonal agricultural workers and then restricted them to
specific sugar plantations.  The CEA denied the use of paid
recruiters inside Haiti to obtain workers, and there is no
conclusive evidence that either practice occurred to any
significant degree in 1994.  There are no firm statistics on
the number of cane cutters on CEA plantations; most estimates
place the number at around 30,000.  The CDH reported an
instance where recruiters contracted approximately 500 Haitians
under false pretenses to work at the Rio Haina Sugar Mill.  As
this year's harvest in the southern half of the country began,
the Ministry of Labor estimated that the percentage of migrant
workers would drop to between 20 and 30 percent of the workers.
Haitian sugar cane workers continued to encounter restrictions
on their freedom of movement, but there were fewer reported
instances than in the past.  They included the presence of
armed guards in and around various sugar plantations and the
sequestering of workers' belongings in order to discourage
their movement to other CEA plantations or other types of
employment.  The government program to document temporary
workers begun in 1992 has been extended to approximately 50
percent of all itinerant Haitian workers.  Haitians' right to
work is thus documented, but a contractual obligation is also
imposed for workers to remain in a specific area for the
duration of the work contract.  Many Haitians do not understand
the contractual process, and work conditions tantamount to
indentured servitude prevail.  The CEA and the Dominican Office
of Immigration initiated a program in late 1991 to issue 1-year
temporary work permits to the workers.  According to a 1993
survey by an independent polling firm, 50 percent of all
itinerant Haitian workers possessed permits.  There are no
figures available on the number of forcibly repatriated Haitian
cane and coffee workers, but the authorities continued to force
repatriations at will, depending upon the demand for labor.
     d.  Minimum Age for Employment of Children
The Labor Code prohibits employment of youth under 14 years of
age and places various restrictions on the employment of youth
under age 16.  These restrictions include a limitation of no
more than 6 hours of daily work, no employment in dangerous
occupations or jobs involving the provision of intoxicating
beverages, and limitations on nighttime work.
In practice, children remain at risk of exploitation since the
Government does not enforce many of the child labor
restrictions.  During the past few years, the Labor Secretariat
made some effort to enforce the law in cases where companies
employed underage workers, but penalties were largely limited
to small fines.  Some young workers obtained work permits and
continued their employment; employers dismissed those unable to
obtain permits.  Numerous minors perform unregulated work as
itinerant vendors shining shoes, selling newspapers, and
cleaning cars.
The CEA and the Labor Secretariat took steps to discourage
child labor in CEA sugar plantations, and it occurred in only
isolated instances, most involving children accompanying their
fathers into the fields.
     e.  Acceptable Conditions of Work
The Constitution gives the Government legal authority to set
minimum wage levels, and the Labor Code assigns this task to a
national salary committee.  Congress may also enact minimum
wage legislation.  Minimum wage raises have not compensated for
the loss of purchasing power, and scheduled wage increases in
1994 only provided partial relief.  Most workers receive only
the minimum wage, which averages around $90 per month (xxx
pesos) depending on the sector and employer size.  The minimum
wage represents only 20 percent of the estimated monthly cost
of living for an average-size family in Santo Domingo.  As a
result, many people hold more than one job.
The Labor Code establishes a standard work period of 8 hours
per day and 44 hours per week.  The Code also stipulates that
all workers are entitled to 36 hours of uninterrupted rest each
week.  The Code grants workers a 35 percent wage differential
for work over 44 and up to 68 hours per week and a 100 percent
differential for any hours above 68 hours per week.
Workplace safety and health conditions frequently do not meet
legal standards, which the Dominican Social Security Institute
(IDSS) and the Labor Code establish.  Both the IDSS and the
Labor Secretariat have small corps of inspectors charged with
enforcing standards.  However, these posts are customarily
filled through political patronage, and some inspectors have
earned a reputation for corruption.  In practice, workers
cannot remove themselves from workplace situations without
jeopardy to continued employment.
Conditions for agricultural workers, particularly Haitians, are
in general much worse, especially in the sugar industry.
Although the CEA readily cooperates with nongovernmental
organizations active in efforts to improve the conditions of
sugar cane workers, in some cases the CEA and the Government
have failed to take measures to implement written agreements
designed to overcome the problems facing sugar cane workers.
Cane cutters on CEA plantations are paid by weight of cut cane
rather than hours worked and thus they must work significantly
more hours than the standard workweek in order to earn a wage
approaching that of workers in other industries.  The CEA
continued to violate the Labor Code's prohibition of payment in
noncash forms by paying field workers in vouchers.  Cane
cutters also faced widespread cheating during the weighing of
their cut cane.  Although the CEA and the Labor Secretariat
signed an agreement with labor unions to allow union officials
to assist the Labor Secretariat in the inspection and
monitoring of CEA weigh stations, they took no action to
implement this agreement.  Many worker villages which are
predominantly inhabited by Haitians continue to suffer high
rates of disease and a lack of education and medical
facilities, running water, and sewage systems.
ECUADOR1
bTITLE:  ECUADOR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ECUADOR
Ecuador is a constitutional republic with a president and a
77-member unicameral legislature chosen in free elections.  The
1994 midterm elections left President Sixto Duran Ballen's
governing coalition only nine seats in the National Assembly.
Members of the Supreme Court preside over a judiciary that is
constitutionally independent but susceptible to outside
pressure.  The Assembly has sweeping powers to question and
censure cabinet ministers; such censure results in automatic
dismissal of the minister in question.  This is often used as a
political tool by opposition political parties.
The Ecuadorian military has significant autonomy, reinforced by
guaranteed access to revenues from the nation's oil exports, as
well as from civil aviation, shipping, and other economic
activities.  The military has maintained a low profile in
domestic politics since the return to constitutional rule in
1979.  The National Police, responsible for domestic law
enforcement and maintenance of internal order, falls under the
civilian Ministry of Government and Police.  There continued to
be credible allegations of human rights abuses by the police
and in some isolated cases the military.
The economy is based on private enterprise, although there
continued to be heavy government involvement in key sectors
such as petroleum, utilities, and aviation.  Inflation was
about 25 percent in 1994, though it continued a steady downward
trend begun in 1992.  Most Ecuadorians are employed in the
urban informal sector or as rural agricultural workers; rural
poverty is extensive, and underemployment is high.
The most fundamental human rights abuse stems from shortcomings
in the politicized legal and judicial system.  People are
subject to arbitrary arrest; once incarcerated, they may wait
years before coming to trial unless they resort to paying
bribes.  Other human rights abuses included instances of
extrajudicial killings; torture and other mistreatment of
prisoners and detainees by the police; government failure to
prosecute and punish human rights abusers; and pervasive
discrimination against women, blacks, and indigenous people.
Despite these continuing problems, the Government did make
significant progress toward prosecuting those responsible for
two longstanding human rights cases in 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings in
1994.  The police continued to be responsible for extrajudicial
killings, although the number of such reports dropped
noticeably.  The police often acted with impunity in such
cases, because disciplinary action is the responsibility of the
police itself.  Although special police courts usually try
cases involving police officers as defendants, the Government
in some recent cases withdrew this right and tried officers in
civil courts.
The Catholic Church-based Ecumenical Committee for Human Rights
(CEDHU) reported a total of nine extrajudicial killings,
including two individuals who died during an indigenous
protest, but with no involvement by security forces (see
Sections 2.a. and 5).  Two deaths involved persons who died in
police custody while being interrogated.  A stray bullet killed
one person during a military anticrime sweep in the city of
Esmeraldas.
For example, CEDHU reported that members of Interpol, part of
the National Police, arrested Angel Vega at his home on May 5.
Neighbors reported that police beat him while he was detained.
Later in the evening, the police delivered Vega's body to the
morgue of the Isidro Ayora hospital in Loja without
explanation.  His body showed signs of scrapes, bruises, and
burns.  The authorities took no action against the Interpol
officers.  Another extrajudicial killing occurred when police
killed a striking sugar refinery worker.  There was no
investigation of this case.
After long delays, there was progress toward prosecution of
those responsible for two of the principal human rights cases
in Ecuador--the 1988 disappearance and presumed deaths of the
Restrepo brothers and the 1985 disappearance and murder of
Consuelo Benavides.  In the case of the Restrepo bothers, the
president of the Supreme Court made a series of determinations
on the case beginning in May when he declared two lower ranking
police officials as authors of the murders, three midlevel
officers as accomplices, and General Gilberto Molina (then the
police commander), and one other officer as involved in a
coverup.  On November 15, the president of the Supreme Court
gave these seven defendants the maximum sentences for the
crimes for which they were charged.  Appeals were expected.
In the Benavides case, after a long internal investigation
which strongly implicated Navy Commander Fausto Morales in the
murder, in August the Minister of Defense ordered that Morales
begin to report to his superiors on a weekly basis.  When
Morales failed to appear at the second such meeting, the
authorities sent military police to pick him up and jail him.
The Minister of Defense announced that the investigation of the
case had uncovered enough evidence of Morales' guilt that the
Government would withdraw his traditional right to a military
court trial and turn him over to a civilian court for
prosecution.  By the end of the year, the Supreme Court's penal
chamber had moved into the final stages of the case, and a
decision was expected soon.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the law prohibits torture and similar forms of
intimidation and punishment, police continued to physically
mistreat suspects and prisoners, usually with impunity.  CEDHU
regularly published detailed reports on suspects claiming that
the police had tortured them, frequently naming police
officials alleged to be responsible, and often including
photographs of the victims with their wounds.  In most cases,
the police appeared to have abused such persons during
investigations concerning ordinary street crime.  According to
CEDHU, the victims reported that the police beat them, burned
them with cigarettes, or threatened them psychologically.  The
Government has never responded to CEDHU's reports.
The law permits police or military courts to try police
officers and members of the armed forces in closed sessions.
The police court in particular does not announce verdicts or
punishments, if any, creating the strong impression that the
police are immune from prosecution.  In some high-profile cases
(as in the Consuelo Benavides case and the Restrepo case noted
in Section l.a.), the civilian authorities may decide to remand
a case to a civil court.
The most significant case of alleged mistreatment of prisoners
involved the suspects arrested by the military following a FARC
(Revolutionary Armed Forces of Colombia) guerrilla ambush along
the Colombian border.  The military picked up 11 alleged FARC
members or supporters, 10 Colombians and 1 Ecuadorian, in a
sweep following an ambush in which 11 soldiers and police
officers died.  All but two of the suspects signed confessions
admitting to taking part in the ambush.  Two, however, later
recanted saying that they had signed the confessions as a
result of torture.  Others also claimed the military tortured
them but did not recant their confessions.  The one female
prisoner said she was raped.  Several human rights
organizations examined the prisoners and confirmed that they
had a variety of injuries ranging from bruises and abrasions to
a broken arm.  The military said the injuries were a result of
being handcuffed and of traveling through the jungle on foot.
According to some human rights observers who were close to the
case, medical examinations of the suspects indicated that the
injuries were consistent with either explanation, and that
there was no conclusive evidence of torture.  In August the
authorities released 4 of the 11 for lack of evidence,
including the 2 who had never confessed and the 2 who had
recanted.
Conditions in Ecuador's detention centers generally continued
to be poor.  Prisons in the tropical coastal areas tend to be
worse than those in the temperate highlands.  Overcrowding is a
chronic problem, although conditions are notably better in the
women's prison in Quito than in other facilities.  There are no
separate facilities for hard-core or dangerous criminals, nor
are there effective rehabilitation programs.
Indigenous organizations continued to charge that private
paramilitary groups target indigenous people and other peasants
for violent and lethal reprisals during illegal land invasions
and other squatter demonstrations.  However, there were no
substantiated reports of any serious incidents between the
paramilitary groups and squatters in 1994.  Modifications made
in the agrarian land reform law changed the former legal
framework that had prompted many landowners to form their own
private armed security units to protect their land holdings.
Under the new law, civil courts settle land disputes.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution and the Penal Code provide that no one may be
deprived of liberty without a written order from a governmental
authority, but the authorities often violated these legal
protections against arbitrary arrest or detention.  By law the
authorities must issue specific written orders within 24 hours
of detention--even in cases in which a suspect is caught in the
act of committing a crime--and must charge the suspect with a
specific criminal offense within 48 hours of arrest.  All
detained persons have the right to a review of the legality of
their detention within 48 hours of arrest, a review that is
supposed to be carried out by the senior elected official
(usually the mayor) of the locality in which the suspect is
held.  Regardless of the legality of a detention, the law
requires a court order in order to release a prisoner.  In some
cases, detainees unaware of this, or who do not have the funds
to hire a lawyer, may remain in prison for an extended period
before being released.  Bail is not generally available.
Families of detainees sometimes intervene in an attempt to
secure the prisoner's freedom through illegal means.
Human rights organizations reported occasional cases of
incommunicado detention, although the law prohibits this
practice.  Despite provisions of the Penal Code, the police
often detained suspects without the required written order.
Even when an order was obtained, those charged with determining
the validity of detention often allowed frivolous charges to be
brought, either because of overwork or because bribes were paid
by the accuser.  In many instances, the system was used as a
means of harassment in civil cases in which one party sought to
have the other arrested on criminal charges.  The authorities
frequently detained suspects longer than 24 hours before orders
were signed and charged few within 48 hours of arrest.
Preventive detention up to and including trial is legal under
certain circumstances.
The Government does not use exile as a method of political
control.
     e.  Denial of Fair Public Trial
The regular court system tries most non-military defendants,
although some indigenous groups try members privately for
violations of tribal rules.  Despite efforts begun in 1992 to
depoliticize and modernize the court system, the judiciary
continues to operate slowly and inconsistently.  Judges
reportedly rendered decisions more quickly or more slowly
depending on political pressure or the payment of bribes.
However, the norm is for lengthy periods before cases come to
the courts (see below).
The law provides for internationally accepted due process
rights for criminal defendants, but the authorities often did
not observe these rights in practice.  By law, the accused is
presumed innocent until proven guilty, and defendants have the
right to a public trial, defense attorneys, and appeal.  They
may present evidence but have the privilege not to testify
against themselves, and they may confront and cross-examine
witnesses.  Although a public defender system exists, in
practice there are relatively few attorneys available to defend
the large number of indigent suspects.
Trial is supposed to begin within 15 to 60 days of the initial
arrest, but in practice, initiation of the trial phase can take
years.  An end-of-year census of the penitentiary system found
that only 29 percent of the 9,227 prisoners had been convicted
of a crime.  Indigenous people and other minorities are
disproportionately affected by these delays as they are more
likely to be poor and unable to buy their way out of pretrial
detention.  However, there was no evidence of a systematic
effort to discriminate against women or minorities.
There were no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law requires police to have a warrant to enter a private
home or business, except in the case of hot pursuit.  The
police generally respect the sanctity of private homes and
correspondence.  Police surveillance is permitted, but the
Constitution prohibits wiretapping, and the results of a
wiretap are not admissible as evidence in court.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech, and the
authorities generally respected this provision in practice, but
with some notable exceptions.  All of the major media organs--
television, newspapers, and radio--are in local private hands
except for two government-owned radio stations.  (Foreign
investment in media is prohibited.)  However, using a law
(promulgated by the last military regime) that requires the
media to give the Government free space or air time, the
Government can and does require television and radio to
broadcast government-produced programs featuring the President
and other top administration officials.  It also requires
newspapers to carry a minimum amount of news prepared by the
National Secretariat of Social Communications.  The media and
opposition political figures often criticized the Government's
use of the media for its own political ends.
In June, following a protest by indigenous people against an
agrarian reform law, troops took over several radio stations in
heavily indigenous areas.  The Government accused the stations
of inciting the protest which resulted in the deaths of two
persons in altercations between striking indigenous people and
other civilians.  The Government allowed the stations back on
the air after they agreed not to broadcast news or other
information related to the protest.  The Government said the
public service stations had violated their charters by
broadcasting news reports.  (Public service stations are
prohibited from airing news, opinion, or commercial messages.)
The media represent a wide range of political views and often
criticize the Government.  However, some degree of
self-censorship in the print media occurs, particularly with
respect to politically sensitive issues or stories about the
military and its related industries.  The media also willingly
censored issues considered to be in the realm of national
security when the Government so requested.
The Government does not interfere in issues involving academic
freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of free assembly and
association for peaceful purposes.  These rights are generally
respected in practice.  Public rallies require prior government
permits, which are generally granted, although exceptions
exist.  Numerous political demonstrations took place in the
capital and the outlying regions, including a major national
protest by indigenous groups.  In general the security forces
intervened in demonstrations only when there was violence
against bystanders or property.  Although the authorities
usually showed restraint in the use of force, riot police in
two instances fired tear gas canisters at protesters, causing
some serious injuries.
Following the court decisions in the Restrepo case (see Section
1.a.), the Government continued to refuse to renew a permit for
the Restrepo family to hold its weekly protest in the main
plaza in front of the presidential palace.  However, the weekly
demonstrations continued because the boys' father believed the
convictions should have included higher government officials.
     c.  Freedom of Religion
The Constitution prohibits discrimination for religious
reasons, and citizens are free to practice the religion of
their choice.  Numerous foreign-based religious orders and
missionary groups are active.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution assures the right of all citizens to travel
freely throughout the country, to choose their place of
residence, and to depart from and return to Ecuador.  These
rights are respected in practice.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Since the return to civilian rule in 1979, citizens have
actively exercised their right to change their national and
local governments.  Free and fair elections resulted in the
peaceful transfer of power to parties of opposing views in
presidential elections every 4 years.  There are 15 legally
registered political parties, spanning the ideological
spectrum, 13 of which are represented in Congress.  The 1992
national elections resulted in the peaceful transfer of power
from a center-left government to a center-right government,
with a realignment of power within the National Assembly as
well.
Voting is mandatory for literate citizens over the age of 18
and voluntary for illiterate citizens.  The Constitution bars
members of the clergy from election to Congress, the
presidency, or vice presidency.  Candidates must belong to one
of the recognized parties and may not run as independents.
Traditional elites tend to be self-perpetuating, and blacks,
indigenous people and women continued to be almost completely
absent from high positions in government, although no specific
laws or policies prevent women or minorities from attaining
leadership positions.  Grassroots community groups,
particularly among the indigenous population, were increasingly
successful in pressuring the central Government to assist
them.  Several traditional political parties began to court the
rural indigenous vote, and at least one, the Maoist Popular
Democratic Movement, did unexpectedly well in the May
congressional elections because of support it received in
heavily indigenous areas.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Domestic human rights groups such as CEDHU and the regional
Latin American Human Rights Association (ALDHU) are independent
and actively monitor human rights issues.  These groups,
particularly CEDHU, have been outspoken in their criticism of
the Government's record on specific cases.  Nevertheless, the
Government contracted with ALDHU to provide human rights
training to the military and the police.
International human rights organizations operate without
hindrance in Ecuador.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race,
religion, sex, or social status.  However, women, blacks, and
indigenous people face significant discrimination.
     Women
Discrimination against women is pervasive in Ecuadorian
society, particularly with respect to educational and economic
opportunity in the lower economic strata.  The increasingly
active women's movement blames culture and tradition for
inhibiting achievement of full equality for women.  There are
fewer women in the professions or working as skilled laborers
than men, and salary discrimination against women is common.
Although the law prohibits violence against women, including
within marriage, it is a widespread practice.  Many rapes go
unreported because of the victims' reluctance to confront the
perpetrator.  An individual alone may not swear out a complaint
against a spouse or companion, but must have a third party do
so.  While some communities have established centers for
counseling and legal support of abused women, the Government
only began to address this question with the formation of the
"Comisaria de la Mujer," or Women's Bureau, which initiated
work in early November.  Still, while the Comisaria can accept
complaints about abuse from women, it has no authority to act
on them.
     Children
The Government is committed in principle to the welfare of
children but has not taken effective steps to promote it.
Government resources to assist children have traditionally been
limited, though in October it instituted a program to care for
the children of the working poor called "Operation Child
Rescue."  Several private organizations are very active in
programs to assist street children, and the U.N. Children's
Fund also runs a program in conjunction with the Central Bank.
Especially in urban areas, the children of the poor often
experience severe hardships.  It is common to see children as
young as 5 or 6 years of age selling newspapers or candy on the
street to support themselves or to augment the family income.
There also are instances of prostitution by girls under 18 in
urban areas.  In rural areas, young children often must leave
school at an early age to help out on the family's plot of land.
     Indigenous People
While at least 85 percent of all Ecuadorians claim some
indigenous heritage, culturally indigenous people make up about
25 to 30 percent of the total population.  The vast majority of
these people live in rural areas and most live in varying
degrees of poverty.  Land is scarce in the more heavily
populated highland areas.  High infant mortality, malnutrition,
and epidemic disease are common, and potable water and
electricity too often unavailable.  The rural education system
is seriously deficient.
Indigenous people enjoy the same civil and political rights as
other citizens and also have several special privileges
designed to allow them to manage their own affairs within their
own communities.  This is especially true in the Amazon area,
where indigenous groups have claim to specific land areas.
Amazon indigenous groups also have begun to play an active role
in the decisionmaking process in the use of their lands for oil
exploration and production through direct pressure on the
Government and through their contacts with foreign
nongovernmental organizations.  Many indigenous groups
participated actively with the Ministry of Education in the
development of the bilingual education program used in rural
public schools.
Indigenous leaders argue that the Government does not take
their interests into consideration when making national policy
and that the only way to get attention is through active
protests.  In one such action in June to express opposition to
a newly passed agrarian reform law, indigenous groups blocked
roads in the highland region of the country, isolating cities
from other regions and from food-producing areas for almost 2
weeks.  During confrontations in the protest, persons affected
by the stoppage of commerce killed two indigenous people.  When
the Government finally announced a military mobilization to end
the protest, the authorities restored peace rapidly and without
further bloodshed.  As a result of the protest, the President
named a commission with significant indigenous participation to
redraft the Agrarian Reform Law.  Congress then quickly passed
a modified reform law.
     National/Racial/Ethnic Minorities
The population of the rural, northern coastal area includes
large numbers of black citizens.  They suffer widespread
poverty and pervasive discrimination, particularly with regard
to educational and economic opportunity.  There were no special
government efforts to address these problems.
     People with Disabilities
There are no laws to guarantee disabled people access to public
buildings or services, nor are they provided any other special
government assistance.
ECUADOR2
TITLE:  ECUADOR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and Labor Code provide most workers the right
to form trade unions.  However, public security and military
officials and public sector employees in nonrevenue earning
entities are not free to form trade unions.  The 1991 labor
code reforms raised the number of workers required for an
establishment to be unionized from 15 to 30, which the
International Labor Organization (ILO) Committee on Freedom of
Association (CFA) considered too stringent a limitation at the
plant workers council level.
While employees of stated-owned organizations enjoy rights
similar to those of the private sector, the law technically
prevents the majority of public sector employees from joining
unions or exercising collective bargaining rights.
Nevertheless, most public employees maintain membership in some
labor organization, and there are frequent "illegal" strikes.
Despite official threats, the Government rarely takes action
against striking public workers.
Approximately 8 to 9 percent of the work force is organized.
There are four large labor centrals or confederations, three of
which maintain international affiliation.  None of the main
labor centrals is firmly connected to any one political party,
and there are no ties between the Government and any labor
union.
There are few restrictions on workers' right to strike,
although a 20-day cooling-off period is required before
declaring a strike.  The 1991 labor code revisions limit
solidarity strikes or boycotts to 3 days, provided that they
are approved by the Labor Ministry.  In a legal strike, workers
may take possession of the factory or workplace, thus ending
production at the site, and receive police protection during
the takeover.  The employer must pay all salaries and benefits
during a legal strike; the Labor Code protects strikers and
their leaders from retaliation.  The only significant strike in
1994 was at the Aztra sugar refinery.  Workers closed down the
plant to protest the sale of the company as part of the
Government's modernization program.  As noted in Section 1.a.,
police killed one Aztra worker during street demonstrations
related to the strike.
     b.  The Right to Organize and Bargain Collectively
Ecuador has a highly segmented labor market with a minority of
workers in skilled, usually unionized, positions in state-run
enterprises or in medium to large industries.  Most of the
economically active population is employed in either the
agricultural sector or the urban informal sector; the vast
majority of these workers are not organized.  The Labor Code
requires that all private employers with 30 or more workers
belonging to a union must negotiate collectively when the union
so requests.
The new labor law streamlined the bargaining process in state
enterprises by requiring workers to be represented by one labor
union only.  It prohibits discrimination against unions and
requires that employers provide space for union activities upon
the union's request.  The law does not permit employers to
dismiss a worker without the express permission of the Ministry
of Labor, rulings which are not subject to judicial review.  If
the Ministry of Labor rules a dismissal as unjustified, it can
require the employer to pay large indemnities or separation
payments to the worker, although the reforms set a cap on such
payments.  The Labor Code provides for resolution of labor
conflicts through an arbitration and conciliation board
comprised of one representative of the Ministry of Labor, two
from the union, and two representatives of management.
The Maquila (in bond) Law passed in 1990 permits the hiring of
temporary workers for the maquila industries only.  While there
is no express prohibition on association rights in the Maquila
Law, in practice it is difficult to organize temporary
employees on short-term contracts.  Because the labor law does
not consider the concept of the temporary worker, they do not
enjoy the level of protection offered by the Labor Code.  The
maquila system allows a company and its property to become an
export processing zone wherever it is located.  Many such
"zones" have thus been established; most are dedicated to
textiles and fish processing.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution and the Labor Code prohibit compulsory labor
and there were no reports of it.
     d.  Minimum Age for Employment of Children
The law prohibits persons less than 14 years old from working,
except in special circumstances such as apprenticeships.  It
requires those between the ages of 14 and 18 to have the
permission of their parent or guardian to work.  The law
prohibits children between the ages of 15 and 18 from working
more than 7 hours per day or 35 hours per week, and it
restricts children below the age of 15 to a maximum of 6 hours
per day and 30 hours per week.  In practice, the Ministry of
Labor is seriously lax in enforcement of child labor laws.  In
rural areas many children attend school only sporadically after
about 10 years of age in order to contribute to household
income as farm laborers.  In the city many children under age
14 work in family-owned "businesses" in the informal sector,
shining shoes, collecting and recycling garbage, or as street
peddlers.
     e.  Acceptable Conditions of Work
The Ministry of Labor has the principal role in enforcing labor
laws and carries this out with a corps of labor inspectors who
are active in all 21 provinces.  The Labor Code provides for a
40-hour workweek, a 15-day annual vacation, a minimum wage, and
other variable employer-provided benefits, such as uniforms and
training opportunities.
The Ministry of Labor sets the minimum wage every 6 months in
consultation with the Commission on Salaries, but Congress may
also adjust it.  Enforced by the Ministry of Labor, the basic
minimum wage is not adequate to provide a decent standard of
living for a worker and family.  As of December, the minimum
wage plus mandated bonuses provided a gross monthly
compensation of approximately $120.50 (277,334 sucres).  Most
organized workers in state industries and formal sector private
enterprises earned substantially more than the minimum wage and
also received significant other benefits through collective
bargaining agreements.  The great majority of Ecuadorian labor,
however, works in the large informal sector without recourse to
the minimum wage or legally mandated benefits.
The Labor Code also provides for general protection of workers'
health and safety on the job.  A worker may not leave the
workplace of his own volition, even if there is a hazardous
situation.  The worker is allowed to request that an inspector
from the Ministry of Labor come to the workplace and confirm
the hazard; that inspector may then close down the workplace.
The Government enforces health and safety standards and
regulations through the Social Security Institute.  In the
formal sector, occupational health and safety is not a major
problem.  However, there are no specific regulations governing
health and safety standards in the agricultural sector and, in
practice, there is no enforcement of safety rules in the small
mines which make up the vast majority of the mining sector.
mines which make up the vast majority of the mining sector.
EGYPT1
{t{tTITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             EGYPT
According to its Constitution, Egypt is a social democracy in
which Islam is the state religion.  The President is Hosni
Mubarak, who was reelected unopposed to a third 6-year term by
the People's Assembly in 1993.  The President appoints the
Cabinet which is responsible to him.  His party, the National
Democratic Party (NDP), has governed since its establishment in
1978.  It commands large majorities in the popularly elected
People's Assembly and the Shura (Consultative) Council.  One
opposition party is represented in the People's Assembly; the
others boycotted the previous People's Assembly election in
1990 and are not represented.
There are several security services in the Ministry of
Interior, two of which are primarily involved in combating
extremist violence:  the State Security Investigations Sector
(SSIS), which conducts investigations and interrogates
detainees; and the Central Security Force (CSF), which enforces
curfews, bans on public demonstrations, and conducts
paramilitary operations against terrorists.
Egypt is a developing country with a mixed economy dominated by
the public sector.  Agriculture, an almost entirely private
sector, remains the largest single employer.  Remittances from
approximately 2 million Egyptians working in the Gulf countries
are the largest source of foreign currency earnings.  In the
past 4 years, the Government has enacted significant economic
reforms, which have reduced the budget deficit and stabilized
the exchange rate, but has made slow progress on other reforms,
including privatization.
The Constitution provides for various human rights, including a
multiparty political system, regular elections, the rule of
law, an independent judiciary, freedom of opinion, and the
right to peaceable private assembly.  However, the Emergency
Law continues to restrict many basic rights.
There continued to be widespread human rights violations in
1994.  The security services and terrorist groups remained
locked in a cycle of violence.  Security forces committed human
rights abuses in their campaign against terrorist groups, but
frequently victimized noncombatants as well.  Under the
Emergency Law, abuses included the widespread torture of
detainees in security cases, the Government's continued failure
to punish those responsible for torture, arbitrary arrest, and
detention without trial, and the use of military courts to try
suspected terrorists.  The Government continued to arrest and
harass journalists and lawyers who defended accused Islamists.
Terrorists bombed banks, attacked and killed government
officials, security forces, Egyptian Christians, and foreign
tourists, and were responsible for the majority of civilian
deaths in 1994.
The ruling NDP dominates the political scene to such an extent
that, as a practical matter, the citizens do not have a
meaningful ability to change their government.  The Government
continues to restrict substantially basic rights of expression
and the press.  Women and Egyptian Christians face
discrimination based on tradition and some aspects of the law.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In 1994 the state security police were implicated in several
extrajudicial killings.  In virtually all cases, the Government
has not adequately investigated or explained the causes of
death.  On February 1, police raided a house in Cairo, killing
7 suspected terrorists.  The police maintain that a 3-hour
shootout began when one of the suspects inside the house opened
fire on the approaching police.  However, witnesses later told
the Egyptian Organization for Human Rights (EOHR) that the
shootout lasted a matter of seconds, followed by a pause, and a
later burst of gunfire after the police had entered the house.
One policeman was wounded in the incident.  The mother of one
of those killed filed a complaint against the police, alleging
that security forces had executed her son.  She retracted her
complaint after the police detained her for 12 hours.
On February 14, security forces shot dead three alleged
extremists in a Cairo neighborhood.  According to the Ministry
of Interior, the police acted in self-defense after the
suspects opened fire on a patrol in an alley.  However,
witnesses claimed that they observed the police arrest four
suspects, place three of them into a police truck, and later
heard suspected gunfire from within the truck.  Witnesses
further claimed that they observed security officers dump three
bodies from the truck onto the street and place guns and
ammunition purportedly belonging to the dead suspects near the
bodies.  Local human rights monitors who inspected the scene
concluded that the traces of blood on the street were too small
to be consistent with the Government's claim that the suspects
were shot on the spot in an exchange of fire.  No information
is available concerning the fourth detainee.
On April 26, officials of the state security police arrested
Islamist lawyer Abdel Hareth Madani at his office in Cairo.
Madani died in police custody at a hospital early on April 27.
The state security police did not inform Madani's family until
May 6.  The police did not allow Madani's family to view the
body, which was transported in a sealed coffin to his village
for burial.  The Government initially claimed that Madani had
died of an asthma attack, despite claims by morgue workers that
they observed puncture wounds and bruises on Madani's body
while preparing it for burial.  In May the Ministry of Justice
announced that it would conduct an investigation of Madani's
death.  At year's end, the results of the ongoing investigation
had not been made public.  The Minister of Interior has
nonetheless publicly denied any police wrongdoing in Madani's
death, maintaining that Madani died of natural causes.
Also in April, local human rights monitors claim that Mohammed
Abdel Hamid Hassan died in Abu Zabaal prison near Cairo,
following beatings by a prison officer.  Hassan was serving a
3-year sentence for sale of drugs; his body was allegedly
thrown from a fourth-floor window to conceal the cause of
death.  The Prosecutor General's office investigated the case
and charged the officer with Hassan's death.  The officer was
released on bail, pending further investigation.
In August Fateh al-Bab Abdel Manem died at a police station in
the Cairo suburb of Helwan, following his arrest on drug
charges.  He was detained along with his wife and son.
According to human rights monitors, Abdel Manem died after 12
continuous hours of torture, witnessed by his son.  The autopsy
report indicates cause of death as cerebral hemorrhage and
"major wounds to the body."  The Prosecutor General's office
has stated it will investigate the death but at year's end had
not made public its findings.
In 1993 at least 12 persons died from injuries sustained while
in police custody, and 2 others died amid charges of inadequate
medical treatment.  The Government reported that it had
referred security officials for prosecution in the cases of the
death of Sayyed Hassan Fetouh and Hassan Salah Sayyed.  At
year's end, the officers had not been brought to trial.  The
Government continued investigations of possible criminal
conduct in the 1993 deaths in police custody of Effat Mohammed
Ali Wali, al-Muhamdi Mohammed Mohammed Mursi, Mohammed Gomma
Abdel Sayyed, Eissa Taher Soliman, and Amre Mohammed Safwat.
The Government closed the cases of Ahmed Farouk Ahmed Ali,
Abdel Sattar Abdalrah Rashwan, Mohammed Abdel Hamid, and
Mohammed Ateya Shamardan, ruling that in the cases of Ali,
Hamid, and Shamardan, death occurred as the result of
preexisting medical disorders.  The death of Rashwan was ruled
accidental electrocution.  The Government claimed it had no
records of the arrests of Bahaa el-Din Abdel Raouf Mohammed,
Mohammed Hossain Mohammed, or Ahman Abdel Rahman Mohammed,
whose relatives claim they were last seen in police custody.
The Government's report on these cases left unanswered several
questions raised by the relatives of the deceased persons and
human rights groups.  The Government stated that it will try to
resolve the inconsistencies and provide further information.
The press reported that at least 286 people were killed in
civil unrest in 1994 compared with 201 in 1993.  In
antiextremist operations, security forces killed at least 139
suspected extremists, 5 civilian bystanders, and a fellow
policeman by friendly fire.  The security forces appear to have
caused some of these deaths by the excessive use of lethal
force.
In April security forces in Assiyut opened fire on a taxi
stopped at a police roadblock, killing the driver and three
passengers, including a woman.  The police maintained that one
of the passengers tried to kill an officer at the roadblock.
However, local human rights monitors believe that the shooting
broke out when a policeman's weapon accidentally misfired,
provoking others to open fire on the car.
In October security forces used lethal force in quelling a
demonstration in support of a strike by textile workers (see
Section 6.a.).
Terrorists killed at least 101 members of the security forces
and 40 civilians, including a witness in the trial of persons
indicted for the November 1993 assassination attempt on Prime
Minister Atef Sedky.  In four incidents, extremists attacked
foreign tourist groups, killing five tourists and several
Egyptian bystanders.
In October a suspected terrorist stabbed Naguib Mahfouz, an
Egyptian novelist, Nobel laureate, and antifundamentalist
critic, in the neck with a knife.  Mahfouz survived.  As they
have in recent years, Islamic extremists targeted Egyptian
Christians, attacking churches and other properties owned by
Copts, and are believed to have murdered at least nine Copts
(see Section 5).
Extremist groups took responsibility for the following murders
of senior government and police officials:  police Brigadier
General Raouf Khairat in Cairo on February 10, and the Director
of Central Security Forces in Assiyut, General Sherine Ali
Fahmi, on February 20.
     b.  Disappearance
Mansur Kikhya, a former Libyan Foreign Minister under Colonel
Qadhafi and a prominent exiled dissident, disappeared from
Cairo in December 1993.  The Government has been unable to
account for Kikhya's disappearance.  Some observers, citing
Libya's long history of antidissident campaigns, believe that
Libyan operatives abducted Kikhya.  Kikhya's whereabouts are
still unknown.
In December local human rights monitors published a report on
disappearances, which claims that 11 people disappeared in 1994
after their arrests.  It recounts the unsuccessful efforts by
family members and nongovernmental organizations to locate them
in the detention system.  According to the report, the number
of disappearances in 1994 was "unprecedented," compared to
three disappearances in 1991 and three in 1993.  At year's end,
the Government had not yet responded to the report.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There is convincing evidence that the police and officers of
the SSIS systematically practice torture.  The law does not
adequately protect citizens from physical abuse by security
forces.  Article 126 of the Penal Code prohibits torture to
obtain a confession but is silent on the mistreatment of
detainees for other reasons.  Punishment for offenders is
imprisonment for a maximum of 10 years.  A 1-year sentence and
a modest fine may be imposed if the injury does not reach the
level of bleeding or wounding.  However, Article 126 does not
address such abuses as blindfolding and prolonged interrogation
and handcuffing.
The Minister of Interior stated several times in 1994 that
torture does not exist in detention facilities.  Instances may
occur, he said, but they are isolated and not official
government policy.  The Minister also stated that the
authorities investigate all allegations and punish those
responsible.  Government officials have accused human rights
organizations of focusing on the rights of accused terrorists,
while ignoring those of the victims of extremist attacks.
Officials argued that international human rights groups
exaggerate torture reports and that their reporting does not
take into account the extreme nature of the security threat.
However, the record indicates that the Government does not
adequately investigate torture complaints in cases involving
suspected terrorists.  Since 1985, there is no evidence that
officers implicated in such cases have been prosecuted or
punished.
While the Government has investigated torture complaints in
criminal cases and punished some offending officers, the
punishments do not necessarily relate to the seriousness of the
injury.  In August the press reported that a senior SSIS
officer received 6 months' imprisonment for permanently
crippling a suspect during interrogation.
Officers of the SSIS allegedly are responsible for most of the
torture used on suspected terrorist detainees.  Prisoners
report that torture takes place in police stations, SSIS
headquarters in Cairo, and the governorates, and at Central
Security Force camps.  Torture is used to extract information,
coerce the victims to end their antigovernment activities, and
deter others from such activities.  Torture victims are usually
taken to a state security office where they are handcuffed,
blindfolded, and questioned about their associations, religious
beliefs, and political views.  Victims have reported the
following torture methods:  detainees are frequently stripped
to their underwear; hung by their wrists with their feet
touching the floor or forced to stand for prolonged periods;
doused with hot and cold water; beaten; forced to stand
outdoors in cold weather; and subjected to electric shocks.
Some victims, including female detainees, report they have been
raped or threatened with rape; others report that security
officers have inserted solid objects, including electric
devices, into their anuses.
Written records of detainees' whereabouts are not kept while
they are in the custody of the state security police, a period
which may last 10 days or longer.  Records are maintained only
after security forces deliver the detainee to a prison.  The
absence of such a record in the early days of detention invites
abuse and effectively blocks the investigation of torture
complaints.  The security forces also transfer detainees from
prisons to other facilities where they are interrogated,
tortured, and then returned to prison.  No written records are
kept on such transfers.
To pressure male fugitives to surrender, security forces have
taken into custody their relatives, including minors and female
family members.  An undetermined number of such detainees have
been subjected to physical abuse.
According to government sources, the prisons have a 400-percent
occupancy rate, resulting in unhealthy living conditions,
severe overcrowding, and occasional outbreaks of disease.  Many
of the country's 31 prisons were constructed during the Ottoman
era.  Prisoners report cells are poorly ventilated, and food is
inadequate in quantity and nutritional value.
Prison officials occasionally levy collective punishment on
inmates, suspending visits and delivery of food to inmates by
their families.  According to official prison sources, in
Qanater women's prison, the prison doctor was prosecuted for
sexually molesting 12 female prisoners during examinations.
Prisoners reported that prison guards beat a number of women in
the aftermath of the scandal, and a sweep of the prison
facilities resulted in the confiscation and destruction of many
prisoners' clothes and personal belongings.
As many as 28 adolescents between the ages of 12 and 17 have
reportedly been detained in the Assiyut General Prison, a
facility for adults.  The charges against the adolescents
reportedly include membership in the illegal Islamic Group,
monitoring the movements of the police, and attempting to break
into a mosque.  The adolescents allege that they were
blindfolded and tortured at the state security police
headquarters in Assiyut or at local police stations in southern
Egypt.  Torture methods reportedly included suspension,
electric shocks, and beatings with sticks.  In some cases,
electricity was reportedly applied to the penis and tongue.
Some of the adolescents have been detained for prolonged
periods without trial, in one case since 1993.
Prison officials impose particularly harsh living conditions on
some categories of prisoners such as Islamic activists.
Al-Aqrab prison, which houses security suspects, has been
closed to all visitors, including lawyers, since January,
despite an administrative court order in April annulling the
Ministry of Interior's ban.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention are commonly used against
suspected terrorists and others suspected of threatening
national security.  However, according to local human rights
groups, in some mass security operations, security forces have
subjected entire villages to collective punishments, such as
curfews and mass arrests.  Frequently, the police have taken
into custody nonviolent Islamists and persons with no
association with extremist groups.  Such arrests and detentions
are conducted under the State of Emergency which has been in
effect since President Sadat's assassination in 1981.
In April the People's Assembly renewed the Emergency Law until
May 31, 1997.  Government supporters claim that the Emergency
Law is a temporary measure used only to fight terrorism or drug
trafficking.  However, the Emergency Law has been in force so
long that it has become an important characteristic of the
political and legal system and is an impediment to the
improvement of the human rights situation.  Under the Emergency
Law, there is a continuous flow of new arrests and releases
from detention.  Mass arrests continued in 1994, despite the
Minister of Interior's stated intention in 1993 to deemphasize
these arrests.
Under the Emergency Law, the Interior Minister may detain an
individual without indictment for 90 days.  Detention orders
are issued by public prosecutors who have limited powers to
commit individuals to confinement.  Some detainees are not
allowed to inform their relatives of their detention, and
access to legal counsel is frequently delayed.  In theory,
those arrested under the Emergency Law should be released after
90 days.  In practice, the Government rearrests detainees who
have been released by court order.  The procedure in effect
detains them without due process for prolonged periods.
Under the Penal Code, arrested persons are charged with
violations of specific laws, have the right to a judicial
determination of the legality of arrest, and should be formally
charged within 48 hours of arrest or be released.  Arrests
under this procedure occur openly and with warrants issued by a
district prosecutor or a judge.  There is a system of bail.
The Penal Code also gives the State wide detention powers.
State prosecutors may obtain court orders to detain individuals
for 45 days and to confine them for up to 6 months to complete
investigations.  Detainees are often released without
explanation or acknowledgment that charges have been dropped.
The Penal Code contains several provisions to combat extremist
violence.  These provisions broadly define terrorism to include
the acts of "spreading panic" and "obstructing the work of
authorities," allow the police to hold suspects for 24 hours
before obtaining arrest warrants, and prescribe the death
penalty for persons found guilty of terrorism and life
imprisonment for membership in a terrorist group.
Human rights observers report that the security forces maintain
an unauthorized permanent presence in prisons.  This practice
purportedly violates Article 40 of the Criminal Procedures Code
which prohibits contact between intelligence officers and
prisoners.  SSIS officers reportedly frequently remove
prisoners from their cells and take them to other locations for
questioning.
Official sources estimate the total prison population at
14,000, of which 5,000 are security cases.  They note that
approximately 4,000 detainees are held without charge.  These
numbers do not include the undetermined number of persons who
are in detention prior to their entrance in the prison system
(see Section 1.c.).
In May the Government detained 41 lawyers following a
demonstration at the Bar Association building in Cairo by
lawyers protesting the death in police custody of Abdel Hareth
Madani (see Section 1.b.).  Some of the detained lawyers were
charged with demonstrating illegally and threatening public
order, while others, acting as their defense attorneys, were
accused of incitement.  Some were detained without charge.
None was tried.  All but one, Montasser Al-Zayyat, were
released after 3 to 4 weeks in detention.  Al-Zayyat is the
self-declared spokesman for the Islamic Group, as well as a
well-known attorney who has defended accused extremists,
including Sheikh Omar Abdul Rahman.  State prosecutors ordered
his release from detention on December 6; he still faces
possible trial on charges of his association with an illegal
terrorist organization and contact with terrorists.
In other cases, security forces continue to detain at least 150
former defendants who have been acquitted in court.  Some have
been held for as long as 3 or 4 years.
In September the police reportedly arrested hundreds of people
to prevent any disruption of the U.N. International Conference
on Population and Development, which was held in Cairo.  The
police targeted extremists who were reportedly planning to
attack the conference.
In October the police arrested hundreds of persons in Cairo and
Hurghada in a security sweep.  The arrests followed the
September 27 killing at a Red Sea resort town of a German
tourist and two Egyptian citizens by suspected terrorists.
Human rights observers estimate that 20 Palestinians are in
detention.  In September the Government released 34
Palestinians at the request of a Palestinian human rights group
and expelled them to Gaza.  Some Palestinians who are still in
detention entered Egypt illegally, while others are legal
residents and are under investigation for alleged political
activities.  Some Palestinian detainees have reportedly been
tortured.  One Palestinian was executed in 1994 after
conviction for involvement in terrorist offenses.
     e.  Denial of Fair Public Trial
Although the judiciary in recent years has exercised
considerable independence, the Government continued to
circumvent the regular court system by trying accused
terrorists in military courts, in which they do not receive
fair trials.
There are three levels of civilian criminal courts:  primary
courts, appeals courts, and the Court of Cassation, the final
stage of criminal appeal.  There is also a Supreme
Constitutional Court, but its jurisdiction is limited to
constitutional challenges.  It does not hear criminal appeals.
The judicial system is based on the Napoleonic tradition, hence
there are no juries.  Criminal cases are heard by panels of
three judges.  Most trials are public.
In the civilian court system, the President appoints all judges
based on nominations from the Higher Judicial Council, a
constitutional body designed to ensure the independence of the
judiciary.  The Council is composed of senior judges, lawyers,
and law professors and is chaired by the President of the Court
of Cassation.  It regulates judicial promotions, salaries,
transfers, and disciplinary actions.  In practice, however, the
Minister of Justice, an executive branch officer, has
considerable influence over judicial appointments and
transfers.  Judges may be appointed as prosecutors, and vice
versa.
There are three special courts for crimes considered to touch
upon national security:  state security courts, courts of
ethics, and military courts.  The state security courts have
jurisdiction over serious offenses, such as armed
insurrection.  They are divided into upper and lower
divisions.  Trials are heard by three judges, but two military
officers may be added by presidential decree to the upper
division.  Defendants before a state security court may be
indicted under the Penal Code or the Emergency Law.  When an
indictment is handed down under the Emergency Law, the court is
designated an Emergency State Security Court.
A defendant has no judicial appeal from an Emergency State
Security Court.  However, he may file an appeal for clemency
from the President, or the Prime Minister acting for the
President, who is empowered to amend, commute, or cancel a
sentence, or order a retrial.  These powers imply that an
acquittal may be canceled and the defendant retried for the
same offense.
The Court of Ethics hears cases prosecuted under Law 95 of 1980
which makes illegal such activities as "endangering the public
safety," inciting youth "to depart from religious values and
loyalty to the fatherland," and denying the three "heavenly
religions."  It has an upper and lower division.  In recent
years, the ethics courts have been used relatively infrequently
to try "economic crimes," such as corruption and drug
trafficking.  An ethics court conviction denies the defendant
the right to engage in certain occupations or activities.
A person may be tried in a state security court and an ethics
court on similar indictments:  in the former for criminal
offenses and in the latter for the financial gains associated
with those offenses.  Ethics courts have confiscated financial
gains obtained under indictable offenses and may add prison
terms to those meted out by state security courts.  If the
ethics and state security courts reach different verdicts, the
defendant may appeal to the President for a pardon.
As part of their independence from the Government, judges have
ordered inquests into torture cases; acquitted defendants in
cases in which confessions were extracted by torture;
challenged the ban on workers' strikes; defended the right to
nonviolent ideological opinion; overturned bans on prohibited
political parties; and overturned an election law that
discriminated against independent candidates and ordered
dissolved the People's Assembly elected thereunder.
Nonetheless, the judiciary is still subject to considerable
outside influence.  The ethics courts allow nonjurists to try
cases.  The President may appoint military judges to try cases
in the security courts.  The executive branch does not always
enforce court orders.  Detainees may be rearrested under the
Emergency Law without formal charge, even if previously
released by a court.  In 1994, in contrast to previous years,
no defendants in terrorism trials were acquitted on the basis
of torture, although, according to Egyptian human rights
monitors, the majority of such defendants claimed they had been
tortured.
Since 1992 the Government has tried at least 543 civilian
defendants in military courts for terrorist acts or membership
in subversive organizations.  Defendants have been tried in
groups as few as 8 and as many as 32.  The Government claims
that civilian trials are too lengthy and civilian judges too
susceptible to intimidation to warrant their use in terrorist
cases.  In 1994 the Government referred for trial in military
courts at least 97 civilians for terrorist acts or membership
in subversive organizations.  Through September, these courts
sentenced 22 defendants to death, 42 to prison, and acquitted 3.
Each military court comprises three military officers.  The
presiding judge usually has general officer rank.  In January
1993, the Supreme Constitutional Court upheld the use of
military courts to try civilian cases.  It ruled that the
President, acting under powers in the Emergency Law, is
authorized to refer "any crime" to a military court.
The Government maintains that civilian defendants receive fair
trials in the military courts.  It argues that all military
judges have the same legal training as judges in the civilian
courts; defense attorneys are accorded sufficient time to
review the prosecution's files and inspect the State's
evidence; trials are conducted under the same procedures used
in civilian courts; defense attorneys have the right to
cross-examine and to call any witness; military judges apply
only the Penal Code in trying cases involving civilian
defendants--no civilian defendant is subject to military law or
military punishments; there are adequate safeguards against the
admission of confessions obtained under duress; defense
attorneys are appointed by the Bar Association at state expense
for indigent defendants; verdicts are reviewed by two panels of
military judges, who examine the trial procedures before they
forward the verdicts to the President for ratification; and all
defendants have a constitutional right to appeal to the
President for clemency.
EGYPT2
fTITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
However, the military courts do not guarantee the defendants
due process before an independent tribunal.  Both judges and
prosecutors are part of the State's executive authority.  The
charge of membership in a broadly defined terrorist group is
frequently vague.  Defense attorneys have complained that they
have not been given sufficient time to prepare defenses.
Judges tend to rush cases with many defendants, so that most
trials are completed within 6 weeks or less.  Moreover,
military judges do not appear skilled in the rules of evidence;
they have refused to hear witnesses or admit evidence deemed
unimportant, and they do not treat torture complaints with
sufficient seriousness.  Defendants have no right of appeal;
their sentences are reviewed by the President of the Republic.
There are no reliable statistics on the number of political
prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
In 1994 there continued to be substantial abridgment, under the
Emergency Law, of constitutional provisions regarding the right
to privacy.  Under the Constitution, homes, correspondence,
telephone calls, and other means of communication "shall have
their own sanctity, and their secrecy shall be guaranteed."
Police must obtain warrants before undertaking searches and
wiretaps.  Courts have dismissed cases in which warrants were
issued without sufficient cause.  Police officials who conduct
searches without proper warrants are subject to criminal
penalties, although these are seldom imposed.
The Emergency Law empowers the State to search persons or
places without warrants.  Security agencies frequently place
political activists, suspected subversives, journalists, and
writers under surveillance, screen their correspondence
(especially international mail), search them and their homes,
and confiscate personal property.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
Egyptians openly express their views on a wide range of
political and social issues, including vigorous criticism of
the Government, without fear of retribution.  Nonetheless,
there are substantial limitations on the freedom of the press.
The Prime Minister and the Cabinet are often targets of
criticism, but the press law stipulates fines or imprisonment
for criticism of the President or a foreign head of state.
However, in recent years, opposition journalists have, within
limits, criticized the President without harassment, although
he may not be satirized in cartoons.
The Government owns most major dailies, and the President
appoints their editors in chief.  These newspapers generally
follow the government line.  Nevertheless, criticisms of
government policies are frequently found in the
government-owned press.
The opposition newspapers are associated with political
parties.  Most are weeklies, except the centrist daily Al-Wafd
and the smaller Islamist semiweekly Al-Shaab.  All have small
circulations.  Opposition newspapers frequently publish tough
criticisms of the Government, inspiring rejoinders from the
government-owned press.  They also give greater prominence to
human rights abuses than the state-run newspapers.  Most of the
opposition press receives foreign funding as well as government
subsidies and is printed and distributed by a government-owned
publishing house.
The Government restricts the press in a number of ways.  It
controls the right to publish through its power to license
newspapers.  The Higher Press Council, chaired by the Speaker
of the Shura Council, has the power to approve applications for
new publications.  Most members of the Higher Press Council are
close to the ruling National Democratic Party and are inclined
to follow the government line.  In a potentially serious move
against the freedom of the press, the Higher Press Council in
September issued new regulations for licensing new newspapers,
requiring applicants to provide detailed information on sources
of financing, editorial structure, and, in the case of a
political party paper, the party's ideology and platform.  The
regulations may be applied retroactively to existing newspapers
and represent a significant tightening of the Government's
control over the opposition press.
Opposition party papers may be called to account for publishing
articles deemed inconsistent with their official ideologies.
In the past, the Government has refused to license new parties
whose stated platforms "duplicate" those of existing parties
(see Section 3).
As in past years, the Government continued to interfere with
freedom of expression, arresting and harassing Egyptian and
foreign journalists, and confiscating printed material from the
marketplace.  In general, the Government harassed some
journalists who wrote stories about corruption, portrayed Egypt
in an unfavorable light, explored human rights and military
issues, or who were associated with Islamist opposition
elements.  The Government has used such harassment to indicate
that there are limits to criticism of the Government.
In March state security officials interrogated journalist
Moustafa Bakry for his article in Al-Shaab newspaper in which
he critized the security forces' use of violence against
demonstrators protesting the massacre at the Hebron mosque in
February.  Also interrogated were Adel Hussein, the Chairman of
the Socialist Labor Party (SLP), and Magdy Hussein, Al-Shaab's
editor in chief.  The three reported they had been accused of
publishing articles that threatened state security, social
order, and national unity.  The Government did not file charges.
In the spring, state prosecutors repeatedly interrogated Magdy
Hussein and the leadership of the SLP in connection with libel
suits filed against them by senior government officials for
articles on official corruption.  As of late September, two of
the four cases had been dropped against them.
In April a court sentenced another reporter for Al-Shaab, Abdel
Sattar Abu Hussein, to 1 year in prison for publishing state
secrets in an article on U.S.-Egyptian military exercises.  Abu
Hussein claimed his article was derived from open sources.  He
also claimed that after he was arrested, he was held
incommunicado for 3 days and questioned about another one of
his stories on alleged corruption in the military industry.  In
July the Minister of Defense commuted Abu Hussein's sentence to
3 months, after Al-Shaab retracted Abu Hussein's stories.
Also in April, Mohammed Zaky of Al-Wafd newspaper was detained
for questioning about the source of an article he wrote on a
reported police success in uncovering a new terrorist group.
In June the authorities detained Magdy Hussein and confiscated
his notes after he returned from a visit to Yemen.  In
September security officials again interrogated Mustafa Bakry
about foreign funding of Al-Shaab and his articles in another
newspaper, Al-Ahrar, in which he detailed dissident activity in
Saudi Arabia, repeated rumors about King Fahd's health
problems, criticized the Egyptian Government for hosting the
U.N. International Conference on Population and Development,
and reported Iraqi press attacks on President Mubarak.
In December the State Security Prosecutor General remanded Adel
Hussein to 15 days' custody for interrogation into his
purported links with the Islamic Group, a terrorist
organization.  Members of the press syndicate staged a hunger
strike in protest, and local human rights monitors and
opposition leaders condemned the arrest and held a series of
rallies.
In 1994 state prosecutors summoned several foreign journalists
for questioning because they believed their reporting on
internal events had damaged Egypt's international reputation.
The Government restricts news coverage on television and radio
more tightly than newspaper coverage.  Criticisms of government
policies and reporting on government corruption and human
rights abuses are almost never broadcast on radio and
television.  Political parties do not have access to broadcast
facilities, even during election campaigns.
Various ministries are authorized to ban or confiscate books
and other works of art upon obtaining a court order.  The
Ministry of Interior regularly confiscates leaflets and other
works by Islamists.  In 1994 the Ministry prevented the public
sale of audio cassette tapes by Islamic preachers whose
preachings were considered to foment sectarian strife.
The Ministry of Defense may ban works about sensitive security
issues, and plays and films must pass Ministry of Culture
censorship tests as scripts and as final productions.  The
Ministry of Culture also censors foreign films but is more
lenient when these are in video format.  In 1994 government
censors banned the showing of the U.S. film, "Schindler's
List," on the grounds of explicit violence, nudity, and sex.
Government censors ensure that foreign films made in Egypt
portray Egypt in a favorable light.  Censors review scripts
before filming, are present during filming, and have the right
to review the film before it is sent out of Egypt.
The Ministry of Information censors television productions and
foreign news publications.  On occasion in 1994, the Ministry
impounded some foreign news publications before they were
released.  The Ministry does not usually inform the management
of foreign publications of the reasons for impoundments.  In
1994 the Ministry banned or delayed the distribution of nine
issues of the English-language weekly, The Middle East Times.
Those issues carried stories on government corruption, human
rights violations, and the Government's security campaign
against extremists.
The Islamic Research Institute at Al-Azhar University has legal
authority to censor, but not to confiscate, all publications
dealing with the Koran and Islamic scriptural texts.  In recent
years, however, the Institute has passed judgment on the
suitability of nonreligious books and artistic productions.  In
February an advisory council in the judiciary issued an opinion
expanding Al-Azhar's censorship to include visual and audio
artistic works.  In response, the Minister of Culture issued a
statement describing the court's decision as advisory and not
binding upon the Government.  In the past, President Mubarak
has publicly approved Al-Azhar's censorship role, but in 1994
he stated that the Government would not allow confiscation of
books from the market without a court order.
As in recent years, moderate Muslims and secularist writers
have found themselves under attack by extremists.  In October
suspected extremists attempted to assassinate Nagib Mahfouz,
Nobel Laureate and antifundamentalist critic, whose novel, "The
Children of the Gebelawi," has been banned from public sale by
Al-Azhar since 1959 because it is considered blasphemous.
Following the murder attempt, the press published the novel in
a show of solidarity with Mahfouz and secular intellectuals
(see Section 1.a.).
The Government does not generally restrict academic freedom at
universities.  However, in May the People's Assembly amended
the Education Law to authorize university presidents to appoint
deans of faculties.  Under the previous law, faculty deans were
elected by their peers.  The Government justified the measure
as a means to combat Islamist influence in the school system.
In January a court ruled against Islamist lawyers who had
petitioned the court to divorce Nasr Abu Zeid, an Arabic
language professor at Cairo University, from his wife on
grounds that Abu Zeid's writings on the Koran were heretical.
The petitioners argued that, as a heretic, Abu Zeid should not
be allowed to remain married to a Muslim woman in a Muslim
country.  The court found the petitioners had no standing to
file a divorce suit.  The case was in appeal at year's end.
     b.  Freedom of Peaceful Assembly and Association
There continue to be substantial restrictions on this freedom.
Under a 1923 law, citizens must obtain approval from the
Ministry of Interior before holding public meetings, rallies,
and protest marches.  Permits are generally granted for rallies
held indoors or on university campuses.
In May security forces broke up a demonstration of lawyers
protesting the death in police custody of Abdel Hareth Madani
(see Section 1.a.).  When the demonstrating lawyers attempted
to enter the street, the police moved in with tear gas and
clubs.  The Government had denied the Bar Association's request
for a permit for a protest march, and thus termed the
demonstration illegal.
Under Law 32 of 1964, the Ministry of Social Affairs has
sweeping authority over all Egyptian "private organizations,"
including the right to license and dissolve them, confiscate
their properties, appoint members to their boards, and
interfere in other internal administrative matters.  Licenses
may be revoked if such organizations engage in political or
religious activities.  The law authorizes the Ministry to
"merge two or more associations to achieve a similar function,"
a provision that can be used to merge an undesirable
organization out of existence.
In 1994 the Ministry dissolved a nongovernmental organization
which had received unauthorized funds from a Kuwaiti group, the
Society for the Revival of the Islamic Heritage.  The
Government expelled several Kuwaiti citizens associated with
the organization, asserting that the organization had
distributed funds to extremists.  In August the Ministry
announced that all organizations receiving charitable funds
from abroad would be obliged to transfer the funds to the
Ministry for distribution.
Since 1985, the Government has refused under Law 32 to license
the EOHR and the Arab Organization for Human Rights (AOHR) on
grounds that they are political organizations.  Both continue
to operate openly (see Section 4).  Similarly, the request by
Amnesty International (AI) for legal status for its local
chapter has been pending with the Government for 4 years.
Until recently, the Government allowed AI to operate freely,
but in October it informed AI's local chapter that it would no
longer be allowed to hold meetings, pending a decision on its
request for legal status.  The Government says it is still
studying that request.
Under 1993 legislation on professional associations, an
association must elect its governing board by at least 50
percent of its general membership.  Failing a quorum, a second
election must be held in which at least 33 per cent of the
membership votes in the board.  If such a quorum is impossible,
the judiciary may appoint a caretaker board until new elections
can be set.  The law was adopted to prevent further gains in
the professional syndicates by Islamist candidates.
     c.  Freedom of Religion
The Constitution provides freedom of belief and the practice of
religious rites.  However, there are important limitations.
Islam is the state religion.  Most Egyptians are Muslim, but
approximately 10 per cent of the population, 5 million people,
belong to the Coptic Orthodox Church, the largest Christian
minority in the Middle East.  There are other small Christian
denominations.  The small Jewish community practices its
religion without harassment.  Members of recognized religions
maintain links with coreligionists abroad.  The foreign clergy
pursue their ministries without harassment, but the law
effectively bars non-Muslims from proselytizing.
Islam accepts Christian and other converts, but Muslims face
legal problems if they convert to another faith.  There is no
clear legal prohibition against conversion or proselytizing,
but Article 98f of the Penal Code prohibits any person from
"degrading or disdaining any of the holy religions or any of
its religious sects" with "the intention of harming national
unity and social peace."  This is interpreted as forbidding the
conversion of Muslims by non-Muslims.  Conviction is punishable
by 6 months' to 5 years' imprisonment.  In 1993 the authorities
twice arrested an Egyptian lay missionary for preparing
Christian missionary literature for publication.  A court
ordered his release from detention in March.
In July the Minister of Education issued a decree prohibiting
local school officials from requiring schoolgirls to wear the
hegab (head scarf) without parental consent on school grounds.
A group of lawyers and parents, who favored the hegab,
challenged the decree.  An administrative court ruled against
the Minister, but his decree was later upheld by an appelate
court.
The courts have upheld the principle that Muslims cannot change
their identity papers to reflect their conversion to a new
religion.  As a consequence, married male converts from Islam
must register their children as Muslims, as the law considers
them to be Muslims.
In the past, state security forces have harassed and detained
for prolonged periods Egyptian Christians accused of
proselytizing Muslims.  In November 1993, security forces
arrested six Coptic Christians who had sought to dissuade
another Coptic Christian, who was also arrested, from
converting to Islam.  All seven persons were held in detention
without formal charge.  The Supreme State Security Court
ordered their release in May.
An 1856 Ottoman decree still in force requires non-Muslims to
obtain what is now a presidential decree to build or repair a
place of worship.  Coptic Christians maintain they are
frequently unable to obtain such authorization or are blocked
by the security forces from using the authorizations that have
been issued.  As a result, some communities use private
buildings and apartments for religious services.  From 1992 to
1994, the Government increased the number of building permits
issued to Christian communities to an average of more than 20 a
year, compared to the average of 5 permits issued annually in
the 1980's.  Most permits appear to be for the repair of
existing structures and not for new construction of churches.
Christian and Muslim reformers urge the abolition of the
Ottoman decree, but Islamists defend the building restrictions.
According to human rights and legal sources, the Government in
June closed two buildings in an unzoned area near Alexandria
which had been used by Coptic Evangelical Christians since 1990
for church activities.  Church lawyers are pursuing a legal
suit against the closures.  The lawyers maintain that the
closures violate previous court rulings upholding the right to
conduct religious services in private buildings without prior
government approval.  They also point out that the closed
buildings are located in an area were unlicensed buildings are
common.  In July security forces arrested a Coptic Christian
who protested the closures in letters published in newspapers.
The police released the individual after 10 days' detention
after he signed a statement binding him not to discuss the
closures in public.
In theory, mosques must also be licensed by the Government, but
the Government reports approximately half of the estimated
70,000 mosques in Egypt are unlicensed.  The Penal Code
prohibits using a place of worship for antigovernment speeches,
and the Ministry of Religious Affairs proposes themes and
monitors sermons.  In practice, the Government cannot control
all sermons, especially at "unauthorized" mosques where sermons
may invoke antigovernment, anti-Christian, and anti-Western
themes.  In 1994 the Government increased efforts to bring
private mosques under its administrative control as a means to
counter Islamic extremism.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Egyptians and foreigners are free to travel within Egypt except
in certain military areas.  Males who have not completed
compulsory military service may not travel abroad or emigrate,
although this restriction can be circumvented.  Unmarried women
under 21 must have permission from their fathers to obtain
passports and travel; married women require the same permission
from their husbands.  Citizens who leave the country have the
right to return.
In recent years, the Government has denied permission to
Christian converts from Islam to travel abroad.  The
deportation of citizens and aliens granted political asylum is
prohibited and not practiced.
Egypt is host to thousands of refugees, but only a few are
granted the right to resettle in Egypt.  In the past, some
Ethiopians and other Africans, who seek documentation as
refugees by the United Nations High Commissioner for Refugees,
have been detained by the police and then transported to areas
near the Libyan or Sudanese borders where they are released.
Some have returned to their countries; others have found their
way back to Egyptian cities.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The ruling National Democratic Party (NDP) dominates the
454-seat People's Assembly, the Shura Council, local
governments, the mass media, labor, the large public sector,
and the licensing of new political parties, newspapers, and
private organizations to such an extent that, as a practical
matter, Egyptians do not have a meaningful ability to change
the national government.
In 1993 President Hosni Mubarak was elected unopposed to a
third 6-year term by the People's Assembly.  In October of that
year, his reelection was approved by 96 percent of the voters
in a national referendum.  The Government claimed that 86 per
cent of the electorate went to the polls although observers
judged that the actual figure was much lower.  The electorate
was not presented with a choice among competing presidential
candidates; it was offered the opportunity only to vote for or
against Mubarak's reelection.  Two opposition parties, the Wafd
and the Islamist-affiliated Socialist Labor Party, urged the
public to boycott the referendum, and two other parties, the
leftist Tagammu and the Nasserist Party, urged the public to
vote against President Mubarak.  The other opposition parties
endorsed Mubarak's candidacy.
In June the Government convened a "national dialog" conference
of figures in politics, labor, the media, and intellectuals to
discuss the country's future priorities.  Although the
Government had stated that the dialog would be open to various
views, it strictly controlled the agenda and the selection of
the delegates, who were overwhelmingly drawn from NDP members
and sympathizers.  The Government invited the opposition
parties to send three representatives each.  Two parties
boycotted the conference.  At the conference, the Government
disallowed any discussion of constitutional reform, nor did it
address such topics as human rights.
Acting on recommendations from the dialog, President Mubarak in
October issued edicts amending or abolishing several old laws
on political party registration, candidates for public office,
and elections.  However, at year's end, he has not indicated
how or when the more substantial political reforms recommended
by the dialog might be implemented.
In the 1990 People's Assembly election, NDP candidates won 383
seats of 444 elected, independents won 55, and a leftist party
won 6.  Seven opposition parties boycotted the election.  The
Constitution reserves 10 Assembly seats for presidential
appointees, assuring some representation for Coptic Christians
and women.  Women were granted suffrage in 1956.  Ten women
hold Assembly seats:  7 elected and 3 appointed.  One Copt is
in the Cabinet and five Copts sit in the Assembly:  one elected
and four appointed.
The Assembly debates government proposals, and members exercise
their authority to call cabinet ministers to explain policy,
but it does not have sufficient authority to challenge or
restrain the executive in the areas of security or foreign
policy.  The Assembly can exercise significant influence over
economic policies, primarily by blocking governmental
initiatives.  The executive initiates almost all legislation;
the Assembly may not modify the budget except with the
Government's approval, and there is little oversight of the
Interior Ministry's use of Emergency Law powers.  Many
executive branch initiatives and policies are carried out by
ministerial decree without significant legislative oversight.
The military budget is prepared by the executive and not
debated publicly.  Presidential appointees do not require
legislative approval.  Roll-call votes in the Assembly are
rare.  Votes are generally reported in aggregate terms of yeas
and nays, and thus constituents have no independent method of
checking a member's voting record.
There are 12 recognized opposition parties.  The law empowers
the Government to bring felony charges against those who form a
party without a license.  New parties must be approved by the
Parties Committee, a semiofficial body dominated by the ruling
National Democratic Party.  Since the late 1970's, the
Committee has granted a license to only one opposition
party--the Wafd Party.  Other parties have been granted
licenses by presidential decrees or by court orders.  The sole
application to form a new party in 1994, from the Egyptian
Popular Democratic Party, was pending at year's end.
In January the Political Parties Court rejected the 1993
application of the Social Justice Party.  In February the
Higher Administrative Court upheld a lower court ruling which
disapproved the establishment of the Peace Party.
The law prohibits political parties based on religion.
Nevertheless, Muslim Brotherhood partisans are publicly known
and openly speak their views.  Some have served in the Assembly
as independents or members of other recognized parties.
EGYPT3
Y:Y:TITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government refuses to license local human rights
organizations as private entities under Law 32 of 1964 (see
Section 2.b.) on the grounds that they are political
organizations.  Appeals from the Egyptian Organization for
Human Rights (EOHR) and the associated Arab Organization for
Human Rights (AOHR) on the ruling on their legal status are
still before the courts.  AOHR has successfully registered as a
foreign organization with the Ministry of Foreign Affairs.
Despite its nonrecognition, the EOHR operates openly, its field
workers visit prisons and government offices, and the
Government does not interfere with its funding from foreign
human rights organizations.  Other activists have successfully
registered their human rights organizations as corporations
under the commercial law, thus skirting the obstacles posed by
Law 32.
In May an EOHR staff member, who was also a defense lawyer for
persons arrested in an unauthorized demonstration at the Bar
Association headquarters (see Section 1.c.), was arrested
ostensibly on grounds of inciting public disorder and
questioned extensively about his activities at the EOHR.
In June representatives of the New York-based Human Rights
Watch complained of overt surveillance by state security
officers during one of their field trips to upper Egypt.  In
September the EOHR reported that state security officers
ordered EOHR's publisher not to distribute copies of EOHR's
1993 annual report.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The law provides for equality of the sexes, but aspects of the
law and many traditional practices discriminate against women.
By law women need their husbands' or fathers' permission to
obtain a passport or travel abroad (Section 2.d.).  Only males
can confer citizenship.  In rare cases, this means that
children born to Egyptian mothers and stateless fathers are
themselves stateless.
Laws affecting marriage and personal status generally
correspond to an individual's religion, which for most
Egyptians is Islam.  A 1979 liberalization of the Family Status
Law strengthened a Muslim woman's rights to divorce and to
child custody.  In 1985, however, the changes were found
unconstitutional on grounds that they conflicted with Islamic
law and were repealed.
Under Islamic law, non-Muslim males must convert to Islam to
marry Muslim women, but non-Muslim women need not convert to
marry Muslim men.  Muslim female heirs receive half the amount
of a male heir's inheritance, while Christian widows of Muslims
have no inheritance rights.  A sole female heir receives half
her parents' estate; the balance goes to designated male
relatives.  A sole male heir inherits all his parents'
property.  Male Muslim heirs have the duty to provide for all
family members who need assistance.
Egyptian women have employment opportunities in government,
medicine, law, academia, the arts, and, to a lesser degree, in
business.  About 100 officers in the Egyptian diplomatic
service are women, including 3 ambassadors.  There are no women
judges.  Although there is no legal basis to prohibit women
judges, a woman under consideration for promotion to magistrate
was denied the promotion on the basis of gender in 1993 and is
suing the Government.
Social pressure against women pursuing a career is strong, and
some Egyptian feminists say that a resurgent Islamic
fundamentalist trend limits further gains.  Women's rights
advocates also point to other discriminatory attitudes and
practices such as female genital mutilation (FGM) and the male
relative's role in enforcing women's compliance with
religiously prescribed codes of sexual conduct.
Family violence against women occurs and is reflected in press
accounts of specific incidents.  Official or nonofficial
quantitative data do not exist.  In general, the intervention
of neighbors and extended family members tends to limit the
prevalence and scope of such violence.  Abuse within the family
is rarely discussed publicly, owing to the value attached to
privacy in this traditional society.  Neither the government,
nongovernmental organizations, or human rights organizations
has commented publicly upon family violence.
There are at least two active women's rights groups, one
affiliated with the EOHR.  The other is the Communications
Group for the Enhancement of the Status of Women, which has
published a booklet on the legal rights of Egyptian women.
     Children
The Government remains committed to the protection of
children's welfare within the limits of its budgetary
resources.  Many of the resources for children's welfare are
provided by international donors, especially in the field of
child immunization.  Child labor is widespread, despite the
Government's commitment to eradicate it.
International health experts have condemned female genital
mutilation (FGM) as damaging to physical and mental health.
Statistics on the prevalence of FGM vary, but government and
private sources agree it is common among 70 to 80 per cent of
rural and poor urban women.  The act is generally performed on
girls between the ages of 7 and 10, probably with equal
prevalence among Muslims and Coptic Christians.
A 1959 decree and subsequent amendments, which described the
practice as "psychologically harmful," limited the practice to
excision.  However, the more drastic infibulation is practiced
in some parts of southern Egypt.  The decree prohibited doctors
from performing the excision in government health facilities.
Current law stipulates penalties for nonmedical practitioners;
a barber was sentenced in November to a year at hard labor for
circumcising a child.  However, the law does not stipulate
punishment for parents who violate the law.  Following public
outcry in 1994 over foreign television airing of the
circumcision of a 9-year old girl, the Minister of Health, in
the company of religious leaders, announced the Government
would hold its first conference on FGM.  The Government also
broadcast television programs condemning the practice.  The
Sheikh of Al-Azhar, head of the world's oldest institution of
Islamic thought, has issued a decree declaring FGM a
religiously mandated duty.  His ruling could hamper any public
educational efforts by the Government.
     Religious Minorities
The approximately 5 million Coptic Christians are the objects
of occasional violent assaults by Islamic extremists and of
discrimination by the Government.  In 1994 Islamic extremists
are believed to have been responsible for killing at least
eight Coptic residents of Assiyut governorate, including the
shooting of six pilgrims at a monastery.  The area of Dairut,
Assiyut governorate, the scene of a massacre of 13 Coptic
residents in 1992, is reportedly still tense.  Local Coptic
residents fear for their personal safety when traveling outside
their homes.
Extremists have obstructed church repairs and construction and
harassed Copt-owned businesses.  Christians have complained
that the Government is lax in protecting Coptic lives and
property.  Security forces arrest extremists who perpetrate
violence against Copts, but the Coptic community does not
believe the Government is vigorous in its efforts to prevent
the attacks and does little to correct nonviolent forms of
discrimination, including its own.
Government discriminatory practices include:  suspected
statistical underrepresentation of the size of the Christian
population; delays in issuing church building and repair
permits and obstruction of permits obtained; the detention and
mistreatment of some Muslim converts to Christianity; laws that
prevent Muslims from changing their identity papers to reflect
their conversion to Christianity (upheld in a 1980 court
decision); anti-Christian discrimination in education,
illustrated by the requirement that public school students,
including Christians, memorize Koranic verses as part of their
Arabic studies; a public school ban on the hiring of Christian
Arabic teachers as the curriculum involves the study of the
Koran; the production of Islamic television programs, some with
anti-Christian themes; job discrimination in the public sector,
the police, the armed forces, and government agencies; reported
discrimination against Christians in admission to state medical
schools; and underrepresentation in government.  There are no
Coptic governors and no Copts in the upper ranks of the
military, police, and diplomatic service.
     People with Disabilities
There are approximately 5.7 million disabled persons in Egypt,
of whom 1.5 million are severely disabled.  The Government
makes serious efforts to address their rights.  It works
closely with United Nations agencies and other international
aid donors to design job-training programs for the disabled.
The Government also seeks to increase the public's awareness of
the capabilities of the disabled in television programming, the
print media, and in educational material in public schools.  By
law, all businesses must designate 5 percent of their jobs for
the disabled, who are exempted from normal literacy
requirements.  Although there is no legislation mandating
access to public accommodations and transportation, the
disabled may ride government-owned mass transit buses without
charge, are given priority in obtaining telephones, and receive
reductions on customs duty for private vehicles.
Section 6  Worker Rights
     a.  The Right of Association
Egyptian workers may, but are not required to, join trade
unions.  A union local, or worker's committee, may be formed if
50 employees express a desire to organize.  Most union members,
about 25 per cent of the labor force, are employed by
state-owned enterprises.  The law stipulates that "high
administrative" officials in government and the public sector
may not join unions.
There are 23 industrial unions, all required to belong to the
Egyptian Trade Union Federation (ETUF), the sole legally
recognized labor federation.  The International Labor
Organization's Committee of Experts (COE) has repeatedly
emphasized that a law requiring all trade unions to belong to a
single federation infringes on the freedom of association.  The
Government has shown no sign that it intends to accept the
establishment of more than one federation.  The ETUF leadership
asserts that it actively promotes worker interests and that
there is no need for another federation.  ETUF officials have
close relations with the NDP, and some are members of the
People's Assembly and the Shura Council.  They speak vigorously
on behalf of worker concerns, but public confrontations between
ETUF and the Government are rare.  Disputes are more often
resolved by consensus behind closed doors.
Some unions within ETUF are affiliated with international trade
union organizations.  Others are in the process of doing so.
The Government is in the process of drafting a new labor law
which has not yet been submitted to the People's Assembly.  The
law is expected to be debated in the spring of 1995.  The
proposed law provides statutory authorization for the rights to
strike and to collective bargaining.  Under current labor laws
such rights are not adequately guaranteed.  Even though the
right to strike is not guaranteed, strikes occur.  The
Government considers strikes a form of public disturbance and
hence illegal.
In October the police used force to break up a public
demonstration in support of a strike by several thousand
textile workers at the northern town of Kafr al-Duwar.  In
putting down the demonstration, the police killed at least 5
persons, including a 12-year-old child, arrested more than 100
demonstrators.  Sixty demonstrators were injured.
     b.  The Right to Organize and Bargain Collectively
The draft labor law provides statutory authorization for
collective bargaining.  Under the current law, unions may
negotiate work contracts with public sector enterprises if the
latter agrees to such negotiations, but unions otherwise lack
collective bargaining power in the state sector.  Under current
circumstances, collective bargaining does not exist in any
meaningful sense because the Government sets wages, benefits,
and job classifications by law.  Larger firms in the private
sector generally adhere to such government-mandated standards.
Labor law and practice are the same in the export processing
zones as in the rest of the country.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and not practiced.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 12.  Education is compulsory
until age 15.  An employee must be at least 15 to join a labor
union.  The Labor Law of 1981 states that children aged 12 to
15 may work 6 hours a day but not after 7 p.m. and not in
dangerous or heavy activities.  Child workers must obtain
medical certificates and work permits before they are employed.
A 1988 survey found that 1.4 million children between the ages
of 6 and 14 are employed--about 7 percent of the total work
force.  A 1989 study estimated that two-thirds of child labor,
perhaps 720,000 children, work on farms.  However, children
also work as apprentices in repair and craft shops, in heavier
industries such as brickmaking and textiles, and as workers in
leather factories and carpet-making, which largely supplies the
export market.  While local trade unions report that the
Ministry of Labor adequately enforces the labor laws in
state-owned enterprises, enforcement in the private sector,
especially in family-owned enterprises, is lax.
     e.  Acceptable Conditions of Work
For government and public-sector employees, the minimum wage is
approximately $20 a month for a 6-day, 48-hour workweek.  Base
pay is supplemented by a complex system of fringe benefits and
bonuses that may double or triple a worker's take-home pay.  It
is doubtful that the average family could survive on a worker's
base pay at the minimum wage rate.  The minimum wage is also
legally binding on the private sector, and larger private
companies generally observe the requirement and pay bonuses as
well.  Smaller firms do not always pay the minimum wage or
bonuses.  The Ministry of Labor sets worker health and safety
standards, which also apply in the export processing zones, but
enforcement and inspection are uneven.
EL_SALVA1
9k9kTITLE:  EL SALVADOR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          EL SALVADOR
El Salvador is a constitutional, multiparty democracy with an
executive branch headed by a president, a unicameral national
assembly, and a separate, politically appointed judiciary.
Armando Calderon Sol of the Nationalist Republican Alliance
(ARENA) party was inaugurated President for a 5-year term on
June 1.  National and international observers judged the March
presidential and legislative elections to be generally free,
fair, and nonviolent.  Competing for the first time in
electoral politics, the Frente Farabundo Marti para la
Liberacion Nacional (FMLN) emerged as the major opposition
party.  In November the U.N. Secretary General praised the new
Government for its commitment to the 1992 Peace Accords, which
ended a 12-year civil war, but noted delays in implementing
some provisions, including demobilization of the National
Police (PN), deployment of the National Civilian Police (PNC),
judicial and electoral reform, land transfers, economic
reinsertion programs, and implementation of Truth Commission
recommendations.  (The Peace Accords established a Truth
Commission to investigate serious human rights violations
during the previous decade.)  Nevertheless, the U.N. Observer
Mission in El Salvador (ONUSAL), which monitors and verifies
implementation of agreements between the Government and the
FMLN, concluded that both sides had complied with most key
measures by the end of the year.
The El Salvador Armed Forces (ESAF), which include the army,
air force, and navy, reduced its manpower well below the 31,000
troops authorized by the Peace Accords to approximately
22,000.  In August the U.N. Secretary General reported
indications that some ESAF members continued to carry out
internal intelligence activities contrary to the new armed
forces mandate set forth by the Constitution.  By the end of
the year, the new PNC had replaced the military-controlled PN
throughout the nation.
In December 1993, the Government, in conjunction with the
United Nations, formed the Joint Group for the Investigation of
Illegal Armed Groups with Political Motivation in El Salvador.
Comprising the chief of ONUSAL's human rights division, the
Human Rights Ombudsman, and two Salvadoran attorneys appointed
by the President, the Joint Group reported its findings on July
28.  It found that some groups and persons continued to resort
to violence to obtain political results, including members of
the military and police institutions, as well as judicial and
municipal organs.  The report concluded that the Government is
committed to combating politically motivated violence.  It also
highlighted the growth of violent organized common crime in El
Salvador.  The Joint Group recommended creation of a special
unit within the PNC to investigate political and organized
crime, a verification role for the National Counsel for the
Defense of Human Rights (PDDH--headed by the Human Rights
Ombudsman) in suspected political killings, and further reforms
of the judicial system, the ESAF, and government intelligence
gathering.  The Government agreed to implement the Joint
Group's recommendations.  In August the PNC created a special
unit within its criminal investigative division to focus on
suspected political violence.  In September the Supreme Court
fired 10 low-level judges for incompetence, forced the
resignations of high-level Supreme Court administrative
personnel, and initiated investigations of additional judges'
performance.  The court fired three more judges in November.
El Salvador has a mixed economy largely based upon agriculture
and light manufacturing.  The Calderon Sol Government
maintained its predecessor's commitment to free market reforms,
including privatizing additional banks and hotels.  People are
free to pursue economic interests, and private property is
respected.  The 1994 rate of real economic growth was 5 percent.
The number of extrajudicial killings, torture, disappearances,
and mistreatment of detainees declined significantly in 1994.
Other forms of human rights abuses, including use of excessive
force and impunity from prosecution, also declined.  Delays in
bringing detainees to trial and violence against women and
children did not decline.  Reflecting the PNC's nationwide
deployment, the greatest number of human rights complaints
filed with ONUSAL were accusations against its members; a much
smaller number were filed against the ESAF.  Victims attributed
approximately 25 percent of such complaints to "unidentified"
or "irregular groups."
The level of violence in El Salvador remained high,
particularly murder, assaults, and robberies, including crimes
against women and children.  Allegations of politically
motivated assassinations, which had increased early in the
year, declined by the latter half of the year.  There were no
confirmed cases of politically motivated killings, but
investigations in a number of cases remain open.  Some public
figures reported death threats.
The Government acted to improve the institutional context for
human rights.  In April the Legislative Assembly approved
constitutional amendments on judicial reform that addressed a
number of recommendations by the Truth Commission.  The former
Supreme Court Justices ignored a Truth Commission
recommendation that they resign due to complicity in the
coverup of human rights abuses and served to the end of their
terms in June.  In July the National Assembly elected a new,
reform-minded Supreme Court.  In September the Government
appointed a PNC inspector general to investigate allegations of
human rights abuses committed by PNC agents.  There were
reforms in other areas mandated by the Peace Accords, such as
PNC training and deployment, PN demobilization, PDDH expansion,
and judicial reform.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
ONUSAL did not confirm any reports of political killings in
1994, although it continued to investigate some murders for
possible political motivation.  These include:  two unknown
armed men shot and killed Simon de Jesus Cartagena Pineda, a
member of the Renewed Expression of the People (ERP) faction of
the FMLN and a local municipal council candidate, and his
stepdaughter on January 11.  On January 19, unknown assailants
killed Javier Roberto Perdomo, a Panamanian technician with the
Inter-American Institute of Agricultural Science, as he drove
with his family in the countryside.  On February 7, three
masked armed men shot and killed Ismael Bernardino Sion, a
member of the Popular Liberation Front (FPL) faction of the
FMLN, in his home.  On March 9, an unknown assailant shot and
killed Jorge Bill Martinez Zaldana, a former technician of
Radio Venceremos and a FMLN guerrilla, on a bus as he was
returning to his home.
Other cases pending ONUSAL determination included the murder of
Heriberto Galicia Sanchez, a former alternate Assembly
candidate of the National Revolutionary Movement (MNR) party;
the killing of Jose Isaias Calzada Mejia, an FMLN member who
had worked as a voting table representative in the April
presidential run-off; Luis Valdivieso Granados, a PN agent and
a former ESAF soldier, found dead with his hands tied to a tree
trunk.  Assailants shot and killed Elba Irene Magana de Romero,
sister of ARENA Assembly Deputy Carlos Guillermo Magana.  In
November three unknown assailants shot FPL member David
Faustino Merino Ramirez and wounded two other FPL members in a
restaurant in San Salvador.
The number of extrajudicial killings by government forces
confirmed by ONUSAL declined significantly from 1993 to 1994.
By October ONUSAL confirmed five extrajudicial killings by
government officials, including an ESAF member based in Morazan
department who killed a fleeing bicycle thief (ONUSAL termed it
an arbitrary execution) and a PN agent who killed one youth and
seriously injured another in Santa Ana department.  The PN
agent responsible for the latter killing resigned the following
day.  ONUSAL confirmed three other reports of extrajudicial
killings, including a PNC agent who fired into a house in San
Salvador while attempting to break up a domestic dispute,
killing an elderly man, a PNC agent who shot a man without
provocation while he was driving in San Vicente, and off-duty
PNC agents who shot and killed a man on a bicycle in San Miguel.
The Government made progress toward resolving some human rights
cases.  ONUSAL and the Government concluded that several
murders of persons with ties to the ARENA party were the result
of common crime.  Police arrested a person alleged to have ties
to the FMLN for the highly publicized attacks on Elmer Cruz
Pineda, bodyguard of FMLN leader and Assembly Deputy Nidia Diaz
(Maria Valladares).  On the other hand, circumstances
surrounding the attacks against Ruben Oswaldo Escalante, an
ARENA candidate for the San Marcos municipal council, and PNC
director Rodrigo Avila remain unclear.
There were no confirmed cases of death squad killings in 1994.
In its July 28 report, the Joint Group found that civil war-era
death squads were no longer active.  However, death threats
directed against individuals and groups across the political
spectrum remained a method of intimidation.  In April Mario
Valiente, the ARENA mayor of San Salvador, reportedly received
two death threats.  In May the Salvadoran Revolutionary Front
(FRS) issued a communique denouncing the leaders of the
National Resistance (RN) and ERP factions of the FMLN as
traitors and sentencing them to death.  In June the "Domingo
Monterrosa Command" issued death threats against members of the
Joint Group, the Human Rights Ombudsman, Archbishop Arturo
Rivera Damas, and Jesuit priests.  The group made no additional
threats, and no evidence of its existence or activities
appeared.  In October a district court judge in Usulutan and
prosecutors in the Attorney General's office in San Miguel
reportedly received death threats.  Reports of death threats,
which had increased up through the inauguration of the new
President in June, declined in the latter half of the year.
On November 14, a bus cooperative blocked a highway around San
Miguel to protest competition from illegal buses.  After
negotiations broke down, PNC officials and army officers gave
the protesters 5 minutes to clear the road.  In the ensuing
confusion, shots were fired and an army sergeant and
2 civilians died, and about 20 others were wounded.  It is
unclear who initiated the shooting or who fired the fatal
shots.  The PNC investigation continues.
     b.  Disappearance
The Constitution forbids unacknowledged detention by the police
or the military.  ONUSAL investigated several allegations of
disappearances, but all were unfounded.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture.  In December the
Legislative Assembly ratified the Convention against Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment,
subject to reservations.
The number of confirmed reports of torture by security forces
declined in 1994, as did the number of reported incidents of
mistreatment of detainees and uses of excessive force.  From
January to September, ONUSAL confirmed three reports of
torture, two by the PNC and one by the PN.  In July five PNC
agents arrived at the house of Carlos and Miguel Grande
Menjivar.  The police beat the two, took them to an
unidentified place, blindfolded them, and interrogated them
about the location of an alleged arms cache.  They placed
plastic bags over their heads, burned Miguel's thorax with
cigarettes, and repeatedly hit both.  ONUSAL reported that the
PNC has yet to respond to PDDH inquiries, nor has it taken
disciplinary action against the agents.  ONUSAL counted a
significant decrease in reported incidents of mistreatment,
from 120 reports during April-December 1993, to 74 reports
during January-September 1994.  The number of reported
incidents of use of excessive force declined slightly, from 45
during April-December 1993 to 39 during January-June 1994.
Prison conditions remained bleak, with overcrowding the most
significant problem.  The largest prison, built 20 years ago to
hold 800 prisoners, holds approximately 2,800.  Most cells are
15 by 20 feet, and some hold as many as 24 prisoners.  Some
prisoners must sleep on the floor or "buy" a bed when one
becomes available.  Prisoners are fed, but most find it
necessary to supplement their rations with help from family.
Approximately 40 prisoners died at the hands of other prisoners
in riots, including 9 in February at the Santa Ana central
penitentiary and 12 in August at the maximum security prison in
San Salvador.  To try to stem prison violence, the Ministry of
Justice hired 500 additional security guards in September.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention or
compulsory exile.  ONUSAL reported a significant reduction in
the number of arbitrary or unlawful detentions by security
forces, from 185 complaints from April-December 1993, to 94
complaints from January-September 1994.  Salvadoran courts
generally enforced a ruling that questioning without the
presence of a public defender is considered coercion, and any
evidence so obtained is inadmissible; thus police authorities
generally delayed questioning until a public defender arrived.
From January to August, public defenders freed from
incarceration approximately 50 percent of their clients.
However, because of low salaries and insufficient supervision,
the public defenders were able to handle only a limited number
of cases.
By law, the police may hold a person for 72 hours before
delivering him to court, after which time the judge may order
detention for an additional 72 hours to determine if an
investigation is warranted.  The law allows 120 days to
investigate serious crimes, and 45 days for lesser offenses,
before a judge must bring the accused to trial or dismiss the
case.  In practice, the authorities rarely observed these time
limits.
Although the law permits release pending trial for crimes in
which the maximum penalty does not exceed 3 years, many common
crimes (homicide, murder, manslaughter, rape, and crimes
against property) carry penalties in excess of 3 years, thereby
precluding release pending trial.  Because it may take several
years for a case to come to trial, some prisoners were
incarcerated longer than the maximum legal sentence for their
crimes.  Any detainee may request a review (habeas corpus) by
the Supreme Court, but the overwhelming majority of such
requests are denied.  Approximately 80 percent of all inmates
are awaiting trial or sentencing.
     e.  Denial of Fair Public Trial
The court structure is divided into four levels:  justices of
the peace, first instance (district) courts, second instance
(appellate) courts, and the Supreme Court.  Civilian courts
exercise jurisdiction over military personnel who commit common
(nonmilitary) crimes.  Judges, not juries, rule on most crimes;
however, a judge cannot overrule a jury verdict nor can it be
appealed to a higher court.  Sentences, however, may be
appealed up to the Supreme Court.  Under the Constitution,
defendants have the right to a presumption of innocence,
protection from self-incrimination, legal counsel, freedom from
coercion, and compensation for damages due to judicial error.
They also have the right to be present in court and to confront
witnesses.  However, the authorities frequently ignored many of
these rights in practice.
Judicial reform made some headway in 1994.  In April the
Legislative Assembly approved two constitutional amendments
consistent with Truth Commission recommendations to remove the
Supreme Court's authority to discipline lawyers and allow lower
courts to hear habeas corpus appeals.  The Assembly voted to
create a new council to discipline lawyers; the Supreme Court
will retain the power to license them.  Under the Constitution,
the new Assembly must also approve the amendments for them to
become law.
In July justices of the old Supreme Court left office when
their term expired, after ignoring a Truth Commission
recommendation that the court resign due to its complicity in
covering up human rights abuses.  The Assembly elected a new
Supreme Court which, in its first month, acted on its stated
commitment to judicial reform by firing 10 low-level judges and
forcing the resignations of high-level Supreme Court
administrative personnel.  As recommended by the Truth
Commission, the National Council of the Judiciary (NCJ)--an
independent body that screens and nominates judicial
candidates--evaluated judges for judicial aptitude, efficiency,
discretion, and impartiality.  It also created a judicial
school--administered by the NCJ--to train judges, lawyers, and
administrative personnel in ethics, administration, and
judicial reform.
Despite these reforms, some judges continued to be only
nominally independent, appointed or reappointed through
political affiliation and personal ties rather than for
professional capabilities.  ONUSAL criticized the Assembly for
failing to enact reforms recommended by the Truth Commission
and passed by the former Assembly, such as reducing the Supreme
Court's power, amending the NCJ law to guarantee the Council
greater independence from the Supreme Court, and modernizing
the criminal justice system as well as for not ratifying some
international human rights conventions.  Some politically,
economically, or institutionally well-connected Salvadorans
continued to enjoy effective immunity from prosecution.  ONUSAL
said the judicial system's deficient institutions contributed
to this impunity and to the increase in organized crime in 1994.
All available evidence indicates that the Government holds no
political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
According to the Constitution, the police must have the
resident's consent, a warrant, or a reasonable belief that a
crime is being or is about to be committed, before entering a
private dwelling.  In practice, however, the authorities used
forced entry to carry out arrests and investigations.
Wiretapping of telephone communications by the Government,
private persons, and political parties is illegal but occurs.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of the press, and this
provision is respected in practice.  There was one reported
incident of a government attempt to limit freedom of speech.
The Government on May 3 ordered the expulsion of Angel Maria
Martinez Mendizabal, a Spanish priest, for a sermon which
allegedly violated Articles 82 and 97 of the Constitution,
prohibiting members of the clergy and foreigners from engaging
in partisan political activity.  The Supreme Court
provisionally suspended the expulsion on May 5 pending
consideration of an appeal filed by Martinez and the PDDH, and
took no action on the appeal by the end of the year.
El Salvador has 5 daily newspapers, 8 television stations,
approximately 150 radio stations, and 3 cable television
systems.  Print and broadcast journalists regularly criticize
the Government and report opposition views.  The Government did
not use direct or indirect means to control the media.
The Constitution provides for academic freedom, and the
Government respects this right in practice.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for peaceful assembly and association
for any lawful purpose.  The Government respects this right in
practice.  Organizations do not require permits to hold public
meetings.  In May, however, the mayor of San Salvador issued a
decree prohibiting public demonstrations in the capital during
business hours.  Some organizations held peaceful
demonstrations in defiance of the mayor's decree.  The mayor's
office imposed fines, which the organizations refused to pay.
     c.  Freedom of Religion
Freedom of religion is guaranteed by the Constitution and is
respected.  Roman Catholicism is the official religion, but
other faiths practice without hindrance.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution guarantees citizens the right to travel freely
domestically and abroad.  There are no restrictions on citizens
changing their residence or workplace.  The Government has
provisions for granting asylum and refugee status.  The
Government imposes no control on emigration and cooperates with
international organizations that arrange Salvadoran emigration
to other countries.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercise the right to change their government
peacefully through regularly scheduled elections.  The
president and vice president are elected every 5 years;
legislative and municipal elections are held every 3 years.
The Constitution bars the President from election to
consecutive terms.  Voting is by secret ballot, and there is
universal suffrage.  There were elections in March for all
national and local offices, including the Presidency, the
84-seat Legislative Assembly, and all municipal councils.  The
Nationalist Republican Alliance party garnered 68 percent of
the vote in the second round of the presidential election and
39 seats in the Assembly.  Competing for the first time in
electoral politics, the FMLN emerged as the major opposition
party, capturing 32 percent of the vote in the presidential
election and 21 Assembly seats.  ONUSAL, local, and
international observers, including a U.S. presidential
delegation, judged the March 20 and April 24 (presidential
second round) elections to be generally free, fair, and
nonviolent, despite first-round administrative irregularities.
Prior to the election, the Supreme Electoral Tribunal (TSE)
undertook a successful registration campaign aimed at the
traditionally underrepresented, primarily youth and women.  By
election day, the TSE had registered 75 to 80 percent of
eligible voters, although only approximately 47 percent
exercised that right.
The number of women in politics is small.  In the March
elections, Salvadorans elected nine women to the Legislative
Assembly, a slight increase from the number in the previous
Assembly.  The president and 1 of the 4 vice presidents of the
Assembly are women, as are 2 of the 14 Supreme Court justices.
One Cabinet minister is female, as are 31 of the 262 mayors.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government demonstrated a willingness to discuss human
rights issues and problems with international, local, and
nongovernmental organizations (NGO's).  A number of
nongovernmental human rights organizations, including the
Catholic Church's Tutela Legal and the Human Rights Commission
(CDHES), focus primarily on alleged abuses by the Government.
The CDHES follows cases through the investigation and trial
stages, provides free legal assistance, and publishes monthly
reports.  Tutela Legal, the human rights office of the
archdiocese of San Salvador, also follows cases and publishes
periodic reports.  Numerous other church, labor, university
groups, and NGO's have human rights offices that operate
without legal restriction.  In addition, various international
human rights groups visit or operate without government
restrictions.
The Joint Group, comprised of the chief of ONUSAL's human
rights division, the Human Rights Ombudsman, and two Salvadoran
attorneys appointed by the President, reported in July.  It
also provided the state prosecutor on a confidential basis
information concerning specific acts of violence.  The Joint
Group criticized some agents of the state, political parties,
and NGO's for insufficient collaboration during its
investigative period, but did not accuse any group of
deliberately blocking the investigation.
ONUSAL's mandate is to verify and monitor implementation of
agreements between the Government and the FMLN, to investigate
alleged human rights violations, and to conduct educational and
public awareness campaigns promoting human rights.  It makes
recommendations to the Government and the FMLN, and reports
directly to the U.N. Secretary General.  ONUSAL noted in
November a significant reduction in reports of human rights
abuses in 1994 compared to 1993, including arbitrary killings,
death threats, and mistreatment, and confirmed no politically
motivated killings.  It noted improvements in the judicial
system, the PNC, and the PDDH, concluding that the process of
promoting and protecting human rights is advancing.  However,
it emphasized the need to complete judicial, police, and penal
reforms, and criticized the Legislative Assembly for dragging
its feet on judicial reform.
As the only human rights organization specifically established
by the Constitution, the PDDH receives and investigates
allegations of human rights abuses committed by government
officials and, if warranted, lodges official complaints against
specific officials.  In 1994 the PDDH received 4,284 reports of
human rights violations, a significant increase from the 2,071
reports received in 1993.  This upswing reflects, to a large
degree, the PDDH's wider presence in the country.  The PDDH
opened 8 regional offices in 1994, giving it 12 offices
covering 12 of the country's 14 departments.
The PDDH will take over the ONUSAL human rights monitoring
function in 1995.  In its November report to the Secretary
General, ONUSAL commended the PDDH for progress in verifying
human rights violations, strengthening institutional capacity,
and promoting human rights education, but noted inadequacies in
PDDH personnel, equipment, and financial resources.
The PDDH lodged complaints of human rights abuses against
various government agencies, most frequently the PNC and the
judiciary.  In numerous cases, the PDDH made specific
recommendations for improvements in procedures and for
indemnification of victims.  The PDDH criticized publicly the
penal system's director general for failing to resolve the
underlying problems prompting the prison riots, and called on
the authorities to take steps to avoid future outbreaks of
prison violence.  Although some of its recommendations were
ignored, the PDDH said that some institutions did act on its
recommendations in a satisfactory manner.  The PDDH commended
the Legislative Assembly for initiating a review of the Penal
Code.
EL_SALVA2
f?f?TITLE:  EL SALVADOR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that all people are equal before the
law and prohibits discrimination based on nationality, race,
sex, or religion.
     Women
Women are granted the same legal rights as men under the
Constitution, but suffer discrimination in practice.  To
improve their situation, the Legislative Assembly enacted a new
Family Code in October 1993 which amends some laws that
discriminated against women, most notably the large number
living in common law marriages.  The new law also establishes
courts to resolve family disputes.
Women suffer from economic discrimination and do not have equal
access to credit and land ownership.  Wages and salaries for
women remain lower than those paid to men.  Of the economically
active female population, 65 percent works in the informal
economy.  Training for females is generally confined to
low-wage occupational areas where women already hold most
positions, such as teaching, nursing, home industries, or small
businesses.
Violence against women, including domestic violence, is
widespread and apparently rising.  The Institute of Legal
Medicine reported an increase in domestic violence against
women, from 378 reports during the July-December 1993 period,
to 496 during the January-June 1994 period.  Reports of sexual
abuse against women also continued to rise.  In 1993, the
latest year-long period for which statistics are available, the
Institute for Legal Medicine received 598 reports of sexual
abuse, compared with 564 reports in 1992.
From January to July 1994, hospitals in the capital city of San
Salvador received, on average, 65 reports of rape per month, an
increase over the 56 reports per month received in 1993.  The
PNC received only four reports of rapes per month during the
first 6 months of 1994.  To increase reporting of rapes, a
regular newspaper campaign by the Attorney General's office has
encouraged victims to press charges immediately after the
assault has occurred.  A public prosecutor is on duty 24 hours
a day at the San Salvador children's hospital to assist rape
victims and their families in taking legal action.
Nevertheless, prosecution of rape cases is difficult because of
pervasive cultural attitudes.
     Children
The Government recognizes its responsibility for children's
rights and welfare, though this is reflected more in its
efforts to reduce poverty and promote family stability through
economic growth than in direct expenditure on children.  The
Salvadoran Institute for the Protection of Children, an
autonomous entity, is responsible for protecting and promoting
children's rights.  The Legislative Assembly passed in June a
juvenile offenders law extending the age of a minor from 16 to
18 years old.  Scheduled to go into effect in March 1995, the
law guarantees minors due process, establishes additional
treatment facilities for offenders, and reduces the sentences
for minor crimes.
The Government works closely with state institutions and the
United Nations Children's Fund (UNICEF) to promote protection
and general awareness of children's rights.  Despite these
efforts, children continued to fall victim to physical and
sexual abuse, abandonment, exploitation, and neglect.  From
January to August 1994, the PDDH for the protection of children
received 75 reports per month of abuses against children.  The
number of children treated for physical abuse in the largest
public hospital in San Salvador rose significantly from 92
cases in 1992 to 525 in 1993.  Abused continued at this rate
for the first 6 months of 1994 when the hospital attended to
272 abused children.  The Institute of Legal Medicine recorded
a reduction in reports of sexual abuse of children from 580
reports in 1992 to 432 in 1993.  From January to May 1994, the
Institute received 121 reports of sexual abuse of children.
Child abandonment and labor exploitation are growing problems.
UNICEF reported that there were approximately 200,000 displaced
children in 1994, and approximately 270,000 children work up to
12 hours per day.  Child malnutrition and the large numbers of
orphans are also significant problems.
     Indigenous People
El Salvador is an ethnically homogeneous country, though a
small segment of the population claims to have descended solely
from indigenous peoples.  The last census of Indians in El
Salvador showed 80,000 in 1930, or 5.6 percent of the
population.  In 1932 government forces killed approximately
30,000 following an abortive uprising.  In the face of such
repression, most remaining indigenous people adopted local
customs and successfully assimilated into the general
population.  There remain a few very small communities of
indigenous people who still wear traditional dress, speak their
native language, and maintain traditional customs without
repression or interference.  The Constitution makes no specific
provisions for the rights of indigenous people, and their
ability to participate in decisions affecting their lands,
culture, traditions, or the allocation of natural resources is
limited.
The indigenous population generally is believed to be the
poorest group in the country.  In a 1994 study, the PDDH found
that 90 percent of the indigenous people lived in conditions of
extreme poverty, with average monthly incomes one-half the
legal minimum wage.  Employment opportunities outside the
informal economy are few, and a high illiteracy rate precludes
indigenous people from competing for limited skilled jobs.
Indigenous people generally earn less than other laborers in
farm and other agricultural work, and women in particular have
little access to educational and work opportunities since they
head most of the households.  Access to land is a growing
problem confronting indigenous people.  Few possess titles to
land, and access to bank loans and other forms of credit is
extremely limited.  Domestic violence is widespread within
indigenous communities.
     People with Disabilities
Except for the war wounded, who have secured both government
and international funding for rehabilitation and retraining
programs, the Government has no program to combat
discrimination against the disabled, nor are there any laws
mandating provision of access for people with disabilities.
There are few organizations dedicated to protecting and
promoting the rights of people with disabilities.  A
semiautonomous institute, the Salvadoran Rehabilitation
Institute for the Disabled (ISRI), is the primary organization
providing assistance to approximately 12,000 disabled persons
annually.  ISRI offers medical treatment and counseling,
special education programs, and professional training courses.
Founded in 1957, ISRI has 10 centers throughout the country and
receives assistance from the Government and national and
international private and nongovernmental organizations.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution prohibits the Government from using
nationality, race, sex, creed, or political philosophy to
prevent workers or employers from organizing themselves into
unions or associations.  Numerous and sometimes conflicting
laws governing labor relations impede full realization of the
freedom of association, although recent Labor Code amendments
(sponsored by the International Labor Organization--ILO) may
bring about improvements, once they are fully implemented.  The
current Labor Code prohibits partisan political activity by
unions, but this prohibition is routinely ignored, and labor
continues to play an important role in political activities.
In the 1992 peace accords, the Government committed itself to
seek consensus on revised labor legislation through a
socioeconomic forum with equal representation from labor
(including groups aligned with the FMLN), the Government, and
the private sector.  The Assembly passed such legislation in
April, which streamlines the process required to form a union,
extends union rights to agricultural, independent, and
small-business workers, and extends the right to strike to
union federations.
There are approximately 150 active unions, public employee
associations, and peasant organizations, which represent over
300,000 Salvadorans, approximately 20 percent of the total work
force.  Labor alliances continued to change frequently, with no
one group able to claim a leading role.  The current Labor Code
forbids foreigners from holding leadership positions in unions,
but unions freely affiliate with international labor
organizations.
Only private sector nonagricultural workers have the right to
form unions and strike; employees of nine autonomous public
agencies may form unions but not strike.  Nevertheless, workers
from other sectors, including the public sector, frequently
have carried out strikes that, while technically illegal, were
treated as legitimate.  Negotiations between public employee
associations and the Government generally settle public sector
strikes, although the Labor Code provides for mandatory
arbitration of public sector disputes.  After a series of
public sector strikes in June and July, the Government issued a
warning that public workers would not be paid for days on
strike, and threatened to use the police to open public
buildings forced shut by strikers.  The Government docked the
pay of striking members of a teachers' union, but in September
announced an agreement, including an almost 30-percent pay
raise, with the same teachers' union.  Labor disputes, and some
strikes, continued in other public sectors, including public
health and the judiciary.
The law prohibits antiunion actions before a union is legally
registered; however, under the previous Labor Code, there were
credible charges that the Government impeded union registration
through exacting reviews of union documentation and strict
interpretation of the Constitution, Labor Code, and union
statutes.  With ILO assistance, the Labor Ministry put together
a restructuring plan in mid-1994.  It is too early to tell if
full implementation of the changes to the Labor Code and the
restructuring of the Ministry will improve union registration.
     b.  The Right to Organize and Bargain Collectively
The Constitution and the Labor Code provide for collective
bargaining rights, but only to employees in the private sector
and in autonomous government agencies, such as utilities and
the port authority.  However, both private sector unions (by
law) and public sector employee associations (in practice) use
collective bargaining extensively.
The Ministry of Labor oversees implementation of collective
bargaining agreements and acts as conciliator in labor disputes
in the private sector and autonomous government institutions.
In practice, ministers and the heads of autonomous government
institutions often negotiate with labor organizations directly,
relying on the Labor Ministry only for such duties as
officially certifying unions.  The Ministry often seeks to
conciliate labor disputes through informal channels rather than
attempting strictly to enforce regulations, leading to charges
of bias against labor.  Corruption continues to be a serious
problem affecting labor courts.
The Constitution prohibits discrimination against unions.  It
provides that union officials at the time of their election,
throughout their term, and for 1 year following their term
shall not be fired, suspended for disciplinary reasons,
removed, or demoted except for legal cause.  Employers
generally observed this provision in practice, but in some
cases fired those attempting to form unions before receiving
their union credentials.  Even under the revised Code, there
were credible reports of government inaction following
dismissal of legally recognized union representatives.  The law
requires employers to rehire employees fired for any type of
union activity, although the authorities sometimes do not
enforce this requirement.  In many cases, employers convince
fired employees to take a cash payment in lieu of returning to
work.
There are six functioning export processing zones (EPZ's).
Labor regulations in these zones are identical to those
throughout the country.  Companies operating in the EPZ's,
while providing higher salaries and benefits than companies
outside the EPZ's, strongly discourage organizing.  There were
credible reports of some foreign-owned factories dismissing
union organizers and, in some cases, physically abusing their
workers.  Government actions against violations have been
ineffective, in part because of an inefficient legal system and
in part because of fear of losing the factories to other
countries.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, except
in the case of calamity and other instances specified by law.
This provision is followed in practice.
     d.  Minimum Age for Employment of Children
The Constitution prohibits the employment of children under the
age of 14.  It provides for exceptions only where such
employment is absolutely indispensable to the sustenance of the
minor and his family, most often the case with children of
peasant families who traditionally work with their families
during planting and harvesting seasons.  Children also
frequently work as vendors and general laborers in small
businesses, especially in the informal sector.  Parents of
children in circumstances such as these often do not allow
their children to complete schooling through the ninth grade as
the law requires, since the labor which the children perform is
considered vital to the family.  Child labor is not found in
the industrial sector.  The Ministry of Labor is responsible
for enforcing child labor laws.
     e.  Acceptable Conditions of Work
In July the Government raised the minimum wages for commercial,
industrial, service, and agroindustrial employees by 13
percent.  The new rate for industrial and service workers was
about $4 (35 colones) per day; agroindustrial employees must be
paid about $3 (26 colones) in wages, including a food
allowance, per day.  Despite these increases, minimum wages
were generally inadequate to meet the Ministry of Economy's
standard of basic necessity.  An estimated 40 percent of the
population lives below the poverty level.  The Labor Ministry
is responsible for enforcing minimum wage laws and does so
effectively in the formal sector.
The law limits the workday to 6 hours for minors between 14 and
18 years of age and 8 hours for adults.  Premium pay is
mandated for longer hours.  The Labor Code sets a maximum
normal workweek of 44 hours, requiring overtime pay for
additional work and limiting the workweek to no more than 6
days.
The Constitution and the Labor Code require employers,
including the Government, to take steps to ensure that
employees are not placed at risk in their workplaces, and
prohibit the employment of persons under 18 years of age and
all women in occupations considered hazardous.  Nevertheless,
Salvadoran health and safety regulations are outdated, and
inadequate enforcement remains a problem.  Workers can remove
themselves from dangerous work situations without jeopardizing
their employment if they present a medical certificate issued
by a doctor or the Social Security Institute indicating that
their health is at risk while using certain equipment or
substances.  The Ministry of Labor attempts to enforce the
applicable regulations and conducts investigations which
sometimes lead to fines or other findings favoring workers.
The Ministry has very limited powers to enforce compliance,
however, and has suffered cutbacks in resources to carry out
certification and inspection duties, which curb its
effectiveness.
EQUATORI1
9TITLE: EQUATORIAL GUINEA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY
                       EQUATORIAL GUINEA
Equatorial Guinea is nominally a constitutional republic, but
in reality power is held by a small subclan of the majority
Fang tribe which has ruled since the country's independence in
1968.  Despite the formalities of a multiparty form of
government, President Obiang, in power since 1979, together
with his associates, dominates the Government.  The President's
Democratic Party of Equatorial Guinea (DPEG) controls the
judiciary and the legislature, the latter through fraudulent
elections.
President Obiang exercises control over the police and security
forces through the Minister of Interior.  These forces
committed well-documented human rights abuses, including
unwarranted searches, arrests, and physical abuse of prisoners
in their custody.  The authorities took no action against any
security force member accused of human rights violations.
The majority of the population lives by subsistence
agriculture, supplemented by hunting and fishing.  Barter is a
major aspect of an economy in which the small monetary sector
is based on exports of petroleum, increasing quantities of
timber, and declining quantities of cocoa.  The economic crisis
is compounded by the suspension of international assistance due
to the lack of economic reform and the Government's continued
violation of human rights.
Serious human rights abuses continue, although there has been a
significant diminution of abuses from 1993 levels.
Nonetheless, citizens still do not have the right to change
their government.  The Government continues to use torture,
arbitrary arrest, and illegal detention with impunity.  It also
restricts freedom of the press.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
These abuses are serious, frequent, and widespread.  Government
security forces arrest prominent members of the opposition,
beat and torture them, and release them within days.   Beatings
are severe, and some victims require hospital care after
release.  Access to prisoners while in custody is not generally
permitted.  The Government uses the psychological effect of
arrest, along with the fear of future beating, to intimidate
opposition party members.  The Government has not prosecuted or
punished any security officials for these abuses.
Prison conditions are extremely primitive and life-
threatening.  Rations are highly inadequate and sanitary
facilities range from nonexistent to minuscule.  Prison
authorities do not target women, but female prisoners are not
housed separately from men.  Prison conditions are not
independently monitored.
     d.  Arbitrary Arrest, Detention, or Exile
Police routinely hold persons in incommunicado detention.
Although there are no long-term political prisoners, the
Government continues to arrest political figures and detain
them for short periods of time, usually less than 1 week.
Although the Government apparently no longer holds political
prisoners for extensive periods of time without trial, the
current short arbitrary detentions constituted a dubious
improvement over past patterns of abuse.
There are nominal, but unenforced, legal procedural safeguards
as to detention, the need for search warrants, and other
protection of prisoner rights.  Judicial warrants are
required.  Generally, police arrested suspects without having
obtained warrants; on occasion they beat them, then released
them within days.
Authorities also continued to hold Nigerians, Ghanaians,
Gabonese and others to secure bribes.
The Government does not force citizens into exile and does not
harass returned exiles.
     e.  Denial of Fair Public Trail
The court system, composed of lower provincial courts, appeal
courts, and a Supreme Court, is rarely used.  The President
appoints the Supreme Court, which is responsive to him.   There
are traditional courts in the countryside, in which elders
adjudicate civil claims and minor criminal matters.  Military
courts are seldom used for political offenses; there were no
reports of such use in 1994.  There are no religious or
political courts.
The Constitution and laws passed by the Chamber of Deputies
provide for legal representation, the right of appeal, and the
use of search warrants.  In practice, authorities do not
uniformly respect these provisions.  Civil cases rarely come to
public trial.
The judiciary is not independent; judges serve at the pleasure
of the President and are appointed, transferred and dismissed
for political reasons.  Corruption is reportedly rampant.
The Government recently responded to international donor
pressure by releasing all political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government does not enforce the law requiring judicial
warrants and security forces conduct arbitrary searches of
homes.
The Government does not overtly force officials to join the
DPEG, but lawyers, government staff, and others understand that
party membership is necessary for employment and promotion.
There is reportedly some surveillance of members of the
opposition parties.  There does not appear to be systematic
interference with correspondence, and there is no coercive
population control or forced resettlement.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press
but the Government severely restricts these rights in
practice.  Although there is no press, opposition pamphlets and
statements circulate.
Government-controlled television, which broadcasts only a few
hours per day, is the voice of the Government, and the
Government withholds even minimal access to broadcasting from
opposition parties.
There are no universities or other institutions of higher
learning in this country with a deteriorating educational
system.  The question of academic freedom is, therefore,
largely irrelevant.
     b.  Freedom of Peaceful Assembly and Association
The right of assembly and association is provided for in the
Constitution.  However, the Government must authorize any
gathering of more than 10 persons for discussions that the
regime considers political, even in private homes.
The Government generally permits opposition parties to hold
conferences and private meetings.  It requires permits for
public events, which it routinely grants and as quickly
cancels, effectively undermining the right of assembly.
     c.  Freedom of Religion
The Government generally respects freedom of religion.  There
is no state religion, and the Government does not discriminate
against any faith.  However, the Government must recognize a
faith as a legally inscribed religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict internal travel for political,
security reasons.  Local police demand bribes from occupants of
cars, taxis, and other vehicles traveling outside the capital.
Members of opposition parties often travel abroad with no
restrictions on their right to return.
There are no refugees or asylum seekers.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government by
democratic means.  The Constitution nominally provides citizens
with the right to change their government peacefully, but in
fact there have been no free elections since independence in
1968.  The President exercises complete power as Head of State,
commander of the armed forces, and leader of the government
party, the DPEG.  Leadership positions within the Government
are in general restricted to the President's subclan and
closest supporters.  While there is an elected Chamber of
Deputies, it is not representative and is dominated by the
Government.  During 1994 there were no elections.
Although there are no legal restrictions on women's
participation in politics, they are seriously underrepresented
in the political process.  The 42-member Cabinet has 2 women,
while the 80-member legislature has only 5 women.
The Government does not overtly limit participation by ethnic
minorities, but the Fang's monopolization of political power
persists in spite of the Government's very preliminary steps
toward democratization.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The first human rights organization was formed in early 1994;
its registration is pending with the Ministry of the Interior.
Another local human rights organization, the League for the
Defense of Human Rights in Guinea, was organized in April.  The
Minister of the Interior had not acted on its registration
request at year's end.  Based on the Government's record of
human rights abuse, many citizens are fearful of associating
with the League.
The United Nations Special Rapporteur for Human Rights visited
Equatorial Guinea three times, receiving grudging government
cooperation.  The Government refused to permit the
International Committee of the Red Cross to establish an office
and to visit prisons and detainees.  Amnesty International
visited twice.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Both governmental and societal discrimination continue to exist
and is reflected in traditional restraints on women's education
and in the circumscribed opportunities for professional and
occupational achievement for ethnic minorities.  The Government
deliberately limits potential opportunities for ethnic
minorities (see Section 3).
     Women
Although the Constitution and laws provide for equal rights for
women, they are largely confined by custom to traditional
roles, especially in agriculture.  Polygyny, which is
widespread among the Fang, contributes to women's secondary
status, as does limited education opportunity; women receive
only one-fifth as much schooling as men receive.
Violence against women, particularly wife beating, is common.
Medical professionals estimate that 30 to 35 percent of women
experience violence in the home.  The Government does not
maintain records of such incidents, nor does it prosecute them.
There is no discrimination against women with regard to
inheritance and family laws.  For an estimated 90 percent of
the women in the country--i.e., virtually all ethnic groups
except the Bubi--tradition dictates that if a marriage is
dissolved, the woman must return the dowry given her family by
the bridegroom at the time of marriage, and the husband
automatically receives custody of all children from the union.
Similarly, in the Fang, Ndowe, and Bisio cultures,
primogeniture is practiced and as women become members of their
husband's families upon marriage, they usually are not accorded
inheritance rights.  In theory, women may buy and sell property
as well as goods, but in practice the male-dominated society
permits few women access to sufficient funds to engage in more
than petty trading or to purchase real property beyond a garden
plot or modest home.
     Children
The Government devotes little attention to children's rights or
welfare and has no set policy in this area.
     National/Racial/Ethnic Minorities
There is no legal discrimination against ethnic or racial
minorities per se, but in practice some members of minorities
face discrimination because they do not come from the Fang
clan, or belong to a subclan other than the President's.
Minorities do not face discrimination in inheritance, marriage,
or family laws.
     People with Disabilities
There is no constitutional or legal provision for the
physically disabled with respect to discrimination in
employment or education.  There is no legislation mandating
accessibility for the disabled to buildings or government
services.
Section 6  Worker Rights
     a.  The Right of Association
Although the Constitution provides for the right to organize
unions, the Government has not passed enabling legislation.  In
the small wage-economy, no labor organizations exist, although
there are a few cooperatives with limited power.  The law
prohibits strikes.  There is a Labor Code which purports to
uphold the dignity of the worker, but the Government generally
does not enforce it.
     b.  The Right to Organize and Bargain Collectively
There is no legislation regarding these rights or addressing
antiunion discrimination, and no evidence of collective
bargaining by any group.  Wages are set by the Government and
the employers, with little or no input by workers.  Employers
must meet the minimum wages set by the Government, and most
companies pay above the government-established minimum.
     c.  Prohibition of Forced or Compulsory Labor
The law forbids forced labor and slavery, and there is no
evidence that such activity takes place.  Convicted felons do,
within the law, perform extensive labor outside prison without
compensation.
     d.  Minimum Age for Employment of Children
The legal minimum age for child employment is 16 years, but the
Ministry of Labor does not enforce this law.  The Government
also does not enforce the law, which stipulates mandatory
education up to the age of 18.   Underage youth perform both
family farm work and urban commercial vending.
     e.  Acceptable Conditions of Work
The law prescribes a standard 40-hour workweek and a 48-hour
rest period; these are observed.  The minimum monthly wage is
approximately $46 (CFA 27,500).  The Labor Code provides
comprehensive protections for workers from occupational
hazards, but the Government does not enforce these in
practice.  Employees who protest unhealthy or dangerous working
conditions risk loss of their jobs.
ERITREA1
`TITLE:  ERITREA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ERITREA
Eritrea became an independent single-party State in May l993,
following a U.N.-supervised election in which Eritreans voted
overwhelmingly for independence from Ethiopia.  President
Isaias Afwerki and the Eritrean People's Liberation Front
(EPLF), renamed in February the People's Front for Democracy
and Justice (PFDJ), remained the dominating political and
military force.  The Government has been in de facto control of
the country since l991, when EPLF forces decisively defeated
the Ethiopian army of then dictator Colonel Mengistu.  At the
1994 Third Party Congress, the President and the EPLF/PFDJ
outlined an ambitious program for establishing a democratic
form of government by 1996.  In April the party-controlled
National Assembly created a 50-member National Constitution
Commission to draft a constitution.
The ELPF armed forces, which in 1992 comprised over 100,000
regulars, continued to serve as the main internal security
force in 1994.  There are intelligence components within the
Ministries of Defense and Internal Affairs.  The Government
began in late 1993 to demobilize this force and by the end of
1994 had released over 40,000 persons, some of whom formed the
cadre for a new police force.  At the same time, the Government
began to face a new security threat by the fundamentalist
Eritrean Islamic Jihad rebels who attacked Eritrea from base
camps in Sudan in December 1993.  President Isaias announced
that his soldiers had killed 20 Jihad fighters in the December
encounter, and there were several deaths on both sides as a
result of additional Jihad forays.  Sporadic terrorist attacks
by fundamentalist groups continue, but there has been no
notable increase in the number of incidents.  There were no
known human rights abuses committed by the military forces.
Approximately 95 percent of the population is engaged in
subsistence agriculture.  The economy was decimated by years of
war, but excellent rains have produced an abundant harvest of
four grains.  The commercial (wage) sector is small and largely
centered in Asmara, the capital, and the Red Sea ports of
Massawa and Assab.  The Government continued to provide liberal
access to the ports for the now landlocked Ethiopia.  Port fees
are an important source of revenue for the Government.
The Government continued to have strong popular support, and it
generally respected human rights.  As in the past 3 years, the
Government promised eventually to institute a democratic,
multiparty political system.  However, it is carefully
controlling the political process and allows little opportunity
for dissenting voices to be heard in the controlled media.
Although the Eritrean Liberation Front-Revolutionary Council
(ELF-RC) complained that the Government had excluded it from
the constitutional review process, individual members of the
ELF-RC and other opposition groups actively participated in the
work of the Constitutional Commission.  The Government's
continuing refusal to recognize the sole human rights
organization, the Regional Center for Human Rights and
Development, does not bode well for the Government's
willingness to tolerate the expression of independent views
(see Section 4).  The Government continued to detain without
charge or trial at least 50 persons for association with
radical Islamic political elements or suspected terrorist
organizations.  There were reliable reports that local police
regularly picked up private citizens and sometimes held them
for long periods without charging them.  The President pardoned
130 (of the remaining 137) persons detained without charge
since 1991 for alleged human rights violations during the
Mengistu period.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.  There
was, however, an incident in which two persons died, when
ex-fighters took hostages and hijacked vehicles in a protest
over demobilization benefits.  During attempts to quell the
protest, security forces killed two of the protestors.  Under
the circumstances, the use of force was not excessive.
     b.  Disappearance
There were no reports of disappearances.  There was no further
information on the whereabouts of several officials of the
ELF-RC, who allegedly had been abducted in Ethiopia or Sudan
and secretly detained in Eritrea since 1992.  A government
official denied that they were in Eritrea.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of torture by security forces.  There
was, however, one case in which an Eritrean-American woman
alleged that police beat her while in detention.  The woman was
released and never filed a formal complaint.  This is the first
known incident of alleged abuse by security forces.
Prison conditions are generally Spartan but not inhuman.
Adequate food, bedding material, and sanitation facilities are
available, and family members are allowed to provide food,
clothing, and medicine to prisoners.  There have been no
instances of death due to prison conditions.  In traditional
prison facilities, the Government does not permit prisoners to
correspond with family or friends and limits family visits to
one a month, and then for only 10 minutes.  It also does not
permit independent monitoring groups, such as the International
Committee of the Red Cross, to visit prisons although the
Government did allow a U.S. diplomatic official to visit one of
the prisons and conduct interviews with both male and female
inmates.  There is no evidence that political and security
prisoners are treated differently from the general prison
population.  Rape does not appear to be a problem in prisons.
Although the Government has refused to describe it as a prison,
security forces used the "Disabled Center" in Asmara to detain
people in conditions bordering on cruel and inhuman.  The
Center is ostensibly a temporary holding facility for street
beggars and a permanent shelter for the homeless and the
mentally ill.  However, those arrested by urban police for
other reasons are routinely held at the Center for long periods
in overcrowded holding rooms.  Detainees are left in
semi-isolation and are not allowed to exercise or receive
visitors.
     d.  Arbitrary Arrest, Detention, or Exile
The Criminal Code provides that detainees may be held for a
maximum period of 30 days without being charged with a crime.
In practice, the authorities frequently hold suspected persons
for much longer periods without charge, in part due to a
seriously overloaded judicial system.  Police in Asmara have
arrested and arbitrarily detained ordinary citizens at the
Disabled Center for up to 14 months without formal charges or a
trial.  The percentage of the total prison population
consisting of pretrial detainees was unknown.
Since coming to power in 1991, the Government has detained two
special categories of people:  those suspected of human rights
violations under the Mengistu regime; and persons allegedly
associated with certain political or terrorist organizations.
In the first category, the Government pardoned 130 of the
remaining 137 such persons on the occasion of the first
anniversary of independence.  There were no new arrests of
persons suspected of human rights violations under Mengistu.
The Government continued to hold on security grounds a number
of detainees, but the exact number of these detainees at year's
end was unknown.
It was also unknown if the Government continued to detain,
without charge, three Eritreans, who had returned in 1993 from
Saudi Arabia, to propagate political Islam.
     e.  Denial of Fair Public Trial
Until a constitution is adopted, the current civil law system,
borrowed from Ethiopia, is derived from the Napoleonic Code.
Most crimes are brought to the lower court which is presided
over by a single judge.  Serious crimes are tried publicly by a
panel of three judges, and defendants have access to legal
counsel at their own expense.  There are no attorneys available
at public expense, although the Government has asked attorneys
to work pro bono to represent defendants accused of serious
crimes who cannot afford attorneys.  Defendants may appeal
verdicts to the Appellate Court, which is composed of five
judges and presided over by the President of the High Court.
Crimes committed by members of the military are handled by
military courts.  Although the Government did state that a
special court would be established in Asmara to try all
remaining political and security detainees by early 1995, it
took no implementing steps to establish this special court by
year's end.
The judiciary is independent, and there were no known incidents
of executive interference in the judicial process.  However,
the underdeveloped judicial system suffers from a severe lack
of trained personnel, legal resources, and infrastructure.  Of
the 20 practicing judges assigned to the High Court, only 3
have law degrees.  In the summer, 80 new trainees received a
2-month crash course in law before being assigned to rural
areas to begin judicial duties.  The Justice Ministry assigned
others for internship with practicing magistrates.
Since the population is largely rural, most citizens' only
contact with the legal system is through traditional "courts."
The village judges, appointed by a panel of government
magistrates, provide justice in civil matters.  Criminal cases
are transferred to magistrates versed in criminal law.  Many
local issues, e.g., property disputes, and most petty crimes
are adjudicated by local elders according to custom or, in the
case of Muslims, the Koran.  These traditional courts cannot
give sentences involving physical punishment.
The Government held no known political prisoners at the end of
the year (see Section 1.d.).  No trials for political or
security detainees have been conducted in the regular courts.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Under the Criminal Code, warrants are required to monitor mail,
telephones, or other means of communication.  Warrants are
required in routine searches and seizures, except in cases
where authorities believe individuals may attempt to escape or
destroy evidence.  In the past this restriction has often not
been observed, but there were no reports of illegal
surveillance or searches in 1994.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although Eritreans continue to express their opinions openly on
various issues, there is some self-censorship, especially with
regard to the President and the Government.  The Government has
not enacted any laws regarding press freedom, but in March the
National Assembly extensively debated the role of the press and
formed a committee to reformulate a draft press law.
The Government controls the tiny media, which includes the
biweekly government-financed newspaper Hadas Eritrea and one
radio and television station.  Hadas Eritrea carefully avoids
criticism of the President or other government figures.
Eritrea Profile, a weekly English-language newspaper, owned by
the Ministry of Information and Culture, appeared in 1994.  The
print media criticized the Government on numerous occasions but
carefully avoided criticism of the President.  There is no
formal government censorship body.  According to international
human rights monitors, government reluctance to grant the
Regional Center for Human Rights official registration as a
nongovernmental organization has hampered the Regional Center's
efforts to publish a private newspaper.
There is full academic freedom at the University of Asmara.
     b.  Freedom of Peaceful Assembly and Association
At year's end, the new National Constitutional Commission had
begun consideration, among many topics, of freedoms of assembly
and association.  At present, a permit is required from the
Ministry of Internal Affairs for a public meeting or
demonstration.  In general, the authorities grant these permits
for nonpolitical meetings or gatherings.
There is no legal provision for forming political parties, nor
have any attempts been made to do so.  In particular, there is
no evidence of activities in Eritrea by such opposition groups
as the ELF-RC.  The Government asserts that the permanent
constitution will provide for a multiparty system.
     c.  Freedom of Religion
All denominations and faiths practice freely without government
restriction.  This includes the Jehovah's Witnesses, whom
previous regimes had prohibited from worshiping publicly.  In
October, however, a Presidential decree barred Jehovah's
Witnesses from government employment and from possession of
business licenses or identification papers--thereby restricting
their ability to travel and to engage in other activities.
This step was apparently taken in retaliation for their refusal
to participate in the 1993 referendum and in the National Youth
Service Program.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
In general, all persons may live and travel freely abroad and
within Eritrea, except for some areas restricted for security
reasons.  In particular, clashes between government forces and
the Eritrean Islamic Jihad have left a tense security situation
along the border with Sudan.  The Government does not
arbitrarily restrict the right of citizens who have left the
country to return.
Eritrea plays host to a small number of refugees, mainly
Somalis residing in Asmara and Assab.  A pilot refugee program
has begun, and 25,000 Eritreans are expected to return from the
Sudan within the next several months.  Planning for a further
135,000 returnees in 1995 is actively under way among the
United Nations High Commissioner for Refugees and the
Governments of Eritrea and Sudan.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have this right although the Government has
promised to introduce multiparty democracy by 1996.  At
present, the President and the EPLF/PFDJ completely dominate
the political scene, including the National Assembly.  The
Government is especially sensitive to maintaining a balance in
the Cabinet and top positions between Christians and Muslims,
and ethnic groups (nine were represented in 1994).
The Third EPLF Party Congress's decision to change names was
intended to signify its transition from an insurgent group
fighting for independence to a political movement directed at
the economic, social, and political development of the nation.
To date, opposition groups--which often manifest themselves by
sporadic terrorist attacks in rural areas--have received little
support.  Eritrean Muslims in particular have opposed such
violent opposition activities.
In April the National Assembly created a 50-member National
Constitution Commission to draft a democratic constitution.
The Assembly selected some 42 members, including 20 women, from
a representative cross-section of Eritrean society.  The
President appointed the remaining eight.  Although the ELF-RC
complained that the Government had excluded it from the
process, individual members of the ELF-RC and other opposition
groups actively participated in the work of the Commission.
The Commission formed four committees, including a governmental
institutions and human rights committee.  It opened branch
offices in the provinces and began a series of hearings to
promote public participation in the constitution-making
process.  The Commission is expected to prepare a draft
document within the year and to complete the process within
2 years.
The Government in 1993 began to develop interim political
institutions by holding local elections involving multiple
candidates, but no parties, in all 10 provinces for local
legislatures.  In turn, the provincial legislatures sent 3
members, 1 of whom had to be a woman, to the 150-member
National Assembly.  In addition to the female members of the
regional delegations, 10 additional places for women are
reserved in the National Assembly, thus assuring 20 seats for
women.
In addition to the positions in the new legislative bodies,
women hold senior positions in the Government, including the
Ministers of Justice and Tourism.  To further include women in
the political process, the Third Party Congress named 3 women
to the party's Executive Council, and 12 women to the Central
Council.  Women now occupy more than half the seats on the
National Constitution Commission.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government has not been receptive to the formation of
domestic human rights groups.  Since 1991 it has repeatedly
delayed recognition of the Regional Center for Human Rights and
Development, a human rights organization based in Asmara.  As a
result, the Regional Center has not become an effective
organization for publicizing human rights abuses, and there are
no other local human rights organizations in Eritrea.  However,
the Government has given the leaders of the Regional Center a
role in the work of the National Constitution Commission.
The Ministries of Foreign Affairs and Internal Affairs are
responsible for all human rights inquiries but are frequently
slow to respond to international inquiries concerning alleged
human rights abuses.  In individual cases, the Government has
been helpful.  For example, a senior Foreign Ministry official
discussed a case involving missing Eritreans with a concerned
human rights group in New York.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Government has taken a consistently strong stand in favor
of improving the status of women, many of whom played a
significant role as fighters in the struggle for independence.
In 1991 the then provisional EPLF government codified a broad
range of rights for women, including guarantees of equal
educational opportunity, equal pay for equal work, and legal
sanctions against domestic violence.  The Third Party Congress
advocated additional rights and programs for women, including
the right of women to equal rights to use of land and to other
property.  A government proclamation confirmed that women have
equal rights of land use, regardless of marital status; the
proclamation specified that, while all land belongs to the
State, it would grant leaseholds to all citizens on a
nondiscriminatory basis.
Nevertheless, despite the Government's attitude and some legal
changes, the larger Eritrean society remains traditional and
patriarchal, and women generally play a subservient role in the
family and in the community.  In practice, males remain
privileged in terms of education, employment, and control of
economic resources, including land.  This disparity is even
more visible in predominantly rural Muslim areas.
The Government has taken a firm position against domestic
violence.  Neither health, police, nor judicial sources
consider the problem to be extensive.
     Children
The Department of Social Affairs is the agency responsible for
government policies concerning the rights and welfare of
children.  However, the Department has few funds, and the
Government does not generally look on child welfare as a
serious social problem.
Female genital mutilation, which is practiced widely on girls
at an early age throughout Eritrea, is considered by
international experts to be dangerous to both physical and
psychological health.  The Government, through the Ministry of
Health and the National Union of Eritrean Women, actively
discourages the practice.
     People with Disabilities
As a result of the 30-year civil war, there are thousands of
disabled male and female former fighters for whom the
Government expends large amounts of money.  Most physically
disadvantaged Eritreans are viewed as heroes; there is no
discrimination in employment, education, or other state
services against people with disabilities.  However, there are
no laws that mandate access for the disabled to public
thoroughfares or public and private buildings.
Section 6  Worker Rights
     a.  The Right of Association
There are no government restrictions regarding the formation of
unions in any segment of Eritrean labor activities, including
the military, the police, and other essential workers; and
labor association is encouraged by the Government.  Under
Proclamation Number 8 of the Transitional Labor Laws, workers
now have the legal right to form unions and to strike and
protect their interests.
The National Confederation of Eritrean Workers (NCEW), which
was part of the EPLF during the civil war, underwent
reorganization and became formally independent of the
Government and the EPLF/PFDJ in September.  THe NCEW represents
over 20,000 workers from 129 unions, and it began forming these
unions into 5 worker federations during 1994.  The largest
union is the Textile, Leather, and Shoe Federation.  There were
no strikes in 1994.  Proclamation Number 8 prohibits
retribution against strikers.
     b.  The Right to Organize and Bargain Collectively
Both Proclamation number 8 and the 1993 draft labor code
provide for free collective bargaining.  There were 41
collective agreements in 1994.
Eritrea is a member of the International Labor Organization
(ILO) and worked closely with the ILO in preparing the 1993
draft, which, inter alia, prohibits antiunion discrimination by
employers against union members and establishes a mechanism for
resolving complaints of discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
There is no law prohibiting forced or compulsory labor.  A
government summer work program for 15,000 teenagers became
controversial as it mandated the participation of all high
school students.  Participants received $20 (120 birr) per
month to work on community service projects, such as road
repair, farm work, and the planting of trees.  In addition, all
successful work program participants received a certificate
that was later required for fall-term school registration.
     d.  Minimun Age for Employment of Children
The legal minimum age for employment is 18 years, although
apprentices may be hired at age 14.  While the Commission on
Social Welfare is responsible for enforcement, there is no
random or systematic inspection of factories and shops for
compliance.  Despite the high rate of adult unemployment in
Eritrea, the number of children under 18 years of age working
in commercial enterprises continued to grow.  Rural children
often help on family farms.  Urban children often sell small
wares, such as cigarettes, on the street.
     e.  Acceptable Conditions of Work
There is no legally mandated minimum wage.  Wages vary from a
minimum of $25 up to $200 per month (birr 150 up to birr
1,200), with factory workers earning the highest amount.
Former fighters are entitled to a monthly wage of at least $75
(birr 450).
The workweek is now 48 hours, but many people work less.  While
there is no legal provision, all employees receive at least 1
day off per week, and most receive 1 1/2 days.  There are no
mandated occupational health and safety laws or standards
currently in force, although some larger companies enforce
their own health and safety standards.  The draft law includes
a number of provisions concerning women, including one that
states that women, during pregnancy, will not be assigned to
jobs that could endanger their lives or the lives of their
unborn children.
ESTONIA1
cocoTITLE:  ESTONIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ESTONIA
Estonia, a parliamentary democracy, regained its independence
in 1991 after more than 50 years of forced annexation by the
Soviet Union.  The Constitution, adopted by referendum in 1992,
established a 101-member unicameral legislature (State
Assembly), a Prime Minister as Head of Government, and a
President as Head of State.  Free and fair elections were held
in 1992 for the State Assembly and the President.  After more
than 2 years of negotiations, on August 31 the armed forces of
the Russian Federation withdrew from Estonia, although a number
of demobilized Russian officers remain in Estonia.
Official conversion of the Soviet militia into the Estonian
police preceded the reestablishment of the country's
independence by about 6 months.  However, conversion of the
police into a Western-type force committed to procedures and
safeguards appropriate to a democratic society is proceeding
slowly.  The police, ethnically mixed and subordinate to the
Ministry of Internal Affairs, continue to commit human rights
abuses.  The security service, called security police, is also
subordinate to the same Ministry.
Estonia has a balanced economy, emphasizing light industrial
products and food production.  It has substantially transformed
the centrally planned economy it inherited into an open market
system.  Small- and medium-scale privatization is moving toward
completion, and large-scale privatization progressed
significantly in 1994.  Gross domestic product grew by about 5
percent, and approximately two-thirds of Estonian exports
(textiles, food products, metals) are now directed to Western
markets.  Unemployment remained low (unofficially about 8
percent), but significantly higher rates exist in the
predominantly ethnic Russian northeast and in rural areas.
The major human rights abuse continues to be police
mistreatment, including physical and psychological abuse, of
detainees and prisoners.  The substantial noncitizen
population, primarily ethnic Russians, is about 28 percent of
the total population.  Treatment of noncitizens  continued to
be a major issue domestically and bilaterally with Russia.  The
Government extended the deadline for submission of residence
permit applications for noncitizens established by the 1993 Law
on Aliens by 1 year because of implementation difficulties.  In
addition, officials began issuing temporary travel documents to
eligible noncitizens to enable their departure from and return
to Estonia.  Both the Conference on Security and Cooperation in
Europe (CSCE) mission to Estonia, established in 1993, and the
CSCE High Commissioner on National Minorities declared that
they could find no pattern of human rights abuses in Estonia.
However, both did regard the language requirement, as
administered, a hardship for noncitizens.  Ethnic Russians
remained concerned about the application of Estonian-language
proficiency requirements in seeking employment and
naturalization.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killing in 1994.
Although the numbers declined, there continued to be reports
that prisoners killed other prisoners.  The State Prosecutor's
office reported that prisoners in 1992 had killed 32 other
persons in custody; in 1993, 11; and, during the first 9 months
of 1994, 2.  The State Prosecutor's office investigated all
such cases and prosecuted when there was sufficient evidence.
It obtained 5 convictions in the 1992 cases, with 2 cases still
in court and one finding of self-defense; it also obtained 2
convictions in the 1993 cases and 1 in the 1994 cases.
     b.  Disappearance
There were no reports of abductions or disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits such practices, but police continued to
subject detainees and prisoners to harsh treatment, including
physical and psychological abuse and detention under
overcrowded and extremely unhealthful conditions.  Credible
reports of the excessive use of force and police brutality
during the arrest and questioning of suspects also continued.
In one case, six police officers were convicted of beating
detainees, and given sentences ranging from 30 months to a
fine.  Another case is still pending.
The conditions of severe overcrowding and idleness,
particularly at the Tallinn pretrial detention prison built in
1765, did not change.  However, work began on remodeling two
buildings which should significantly reduce overcrowding at the
Tallinn prison.  At the invitation of the Ministry of Justice,
experts from the Council of Europe (COE) studied Estonian
prison conditions and made numerous general and specific
recommendations, some of which were implemented.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution and laws forbid arbitrary arrest, detention,
and exile.  There were no known instances of Estonian
authorities engaging in such activities.  Under the
Constitution, a judicial warrant is required for an arrest.
Detainees must be informed promptly of the grounds for arrest
and given immediate access to legal counsel.  If a person
cannot afford a lawyer, the State will provide one.  A person
may be held for 48 hours without formally being charged;
further detention requires a court order.  A person may be held
in pretrial detention for 2 months; a court order may prolong
detention up to a total of 12 months.  Police rarely violate
these limits.  Pretrial detainees account for about 20 percent
of the total prison population.
     e.  Denial of Fair Public Trial
The Constitution establishes an independent judicial branch
operating through a three-tier court system:  rural and city
courts, district courts, and a supreme State Court.  The
district courts and the State Court are also courts of
"constitutional supervision."  At the rural and city level,
court decisions are made by majority vote with a judge and two
lay assessors sitting in judgment.  Judges and lay assessors
must be Estonian citizens.  The President nominates and the
State Assembly confirms the Chief Justice of the State Court.
The Chief Justice nominates State Court judges who are subject
to confirmation by the State Assembly.  He also nominates the
rural, city, and district judges, whom the President then
appoints.  All judges hold office until they reach the
mandatory retirement age of 65.
The Constitution provides that court proceedings shall be open
to the public.  Courts may hold closed sessions, but only in
cases in which state or business secrets need to be protected
or in cases concerning minors.  It further provides that
defendants may present witnesses and evidence as well as
confront and cross-examine prosecution witnesses.  Defendants
have access to prosecution evidence and enjoy a presumption of
innocence.
Estonia continued to overhaul its criminal and civil procedural
codes.  An interim Criminal Code which went into effect in 1992
basically revised the Soviet criminal code, eliminating, for
example, political and economic crimes.  New codes were being
drafted at year's end.
There were no political prisoners being held.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Estonian law requires a search warrant for search and seizure
of property.  Prosecutors, rather than judges, issue such
warrants during the investigative stage upon a showing of
probable cause.  Once a case has gone to trial, however, judges
then issue search and seizure warrants.
The Constitution guarantees secrecy of the mail, telegrams,
telephones, and other means of communication.  Police must
obtain a court order to intercept a person's communications.
Illegally obtained evidence is not admissible in court.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Constitutional guarantees of freedom of speech and press are
generally respected, and the media are beginning to do more
investigative reporting.  Foreign newspapers and magazines are
readily available.  Although the Government still provides most
newsprint and printing and distribution facilities, the role of
private companies is growing rapidly.  There are five major
national Estonian-language and three Russian-language dailies.
State broadcast media, including one nationwide television
channel, continue to receive large subsidies, but there are
several independent television and radio stations.  The
Government has stopped retransmission of television channels
from Russia owing to nonpayment of fees, but several
Russian-language programs, mostly Estonian produced, are
broadcast over state and private television channels.
State-funded Russian-language radio broadcasts continued,
substantially subsidized by funds from the state budget; the
State has assured that these subsidies will continue.
There is complete academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble freely but
prohibits noncitizens from joining political parties, although
they may form social groups.  Permits for all public gatherings
must be obtained 3 weeks prior to the date of the gathering.
The authorities have wide discretion to prohibit such
gatherings on public safety grounds but seldom exercise it.
There were no reports of government interference with mass
gatherings or political rallies.
     c.  Freedom of Religion
Freedom of conscience and of religious proselytism is provided
for by law and honored in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law permits free movement within the country, and it is
honored in practice.  It also guarantees the right of foreign
travel, emigration, and repatriation for Estonian citizens.
In July 1993, Parliament enacted the Law on Aliens which
defines an alien as a person who is not a citizen of Estonia,
i.e., a citizen of another country or a stateless person.  The
majority of noncitizens are ethnic Russians (see Section 5).
The Law on Aliens originally provided a 1-year period in which
noncitizens who came to reside in Estonia prior to July 1,
1990, and who had permanent registration in the former Estonian
Soviet Socialist Republic, could apply for temporary residence
permits valid for 3 years.  They could also apply for permanent
residence at the same time.  The Law on Aliens envisages that
those with temporary residence could activate their
applications for permanent residence toward the end of the
3-year temporary residence period.  Following delays and
confusion in implementation as well as criticism by
international human rights observers, the Law on Aliens'
application deadline was extended by another year, until July
12, 1995.  Despite the extension, some international observers
have criticized the Law on Aliens as being too rigid and as
having created too high a barrier for establishing residency.
No outright restrictions are placed on the right of noncitizens
to foreign travel, emigration, or repatriation.  The Government
did begin issuing temporary travel documents to noncitizens in
June.  At first these temporary travel documents, valid for
only one departure and reentry, were good for 6 months.  The
Government later extended their validity to 2 years in order to
accommodate entry visa requirements of other countries.  The
Government began issuing alien's passports in the fall.
Regulations permit issuance to the following categories of
resident aliens not in possession of any other valid travel
document:  (1) a person who has been designated as stateless;
(2) a foreign citizen who lacks the opportunity to obtain a
travel document of his/her country of origin or of another
state; (3) a person who is seeking Estonian citizenship and has
passed the language examination if required; (4) an alien who
is permanently departing Estonia.
The Government does not accord refugee status or asylum.  The
representative of the U.N. High Commissioner for Refugees
(UNHCR) in the Nordic and Baltic states urged Estonia to
develop and adopt legislation distinguishing between refugees,
applicants for asylum, and illegal immigrants, and distributed
Estonian-language copies of the UNHCR handbook on determining
refugee status.  Estonia had not acted on the recommendations
by year's end.  Amnesty International reported that the
Government detained 100 asylum seekers, mostly Iraqi Kurds.
The organization also repeated allegations that some of the
asylum seekers had been denied medical treatment following a
hunger strike.  A hijacker who diverted a plane from Russia to
Estonia in November applied for asylum.  Russia requested his
extradition.  The Government had not decided how to proceed by
year's end.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government.  In 1992
they elected their first post-Soviet Parliament in accordance
with the Constitution adopted by referendum 3 months earlier.
The 101-member Parliament (Riigikogu or State Assembly),
elected by secret ballot in multiparty elections, confirmed the
Prime Minister who put together a coalition government based on
a slim parliamentary majority.  When the Parliament passed a
vote of no confidence on September 26, the Prime Minister and
his government resigned, and a new Government was formed with a
new Prime Minister.  The next regular parliamentary elections
are scheduled for March 1995.  The Law on Local Elections
adopted in May 1993 permits resident noncitizens to vote but
not to run for office.
The citizenship law enacted in 1992 readopted the 1938
citizenship law.  According to the law, anyone born after 1940
to an Estonian citizen parent is an Estonian citizen by birth.
The parent does not have to be an ethnic Estonian.  The law
includes requirements for naturalization, such as a 2-year
residency requirement, to be followed by a 1-year waiting
period, as well as knowledge of the Estonian language.  The
implementation law provided that the 2-year residency
requirement could be met by residency starting on March 30,
1990.  Thus, any noncitizen who resided in Estonia since that
date was eligible to apply for Estonian citizenship as of March
30, 1992, and for naturalization on March 30, 1993.  The law
allows the Government to waive requirements for applicants who
are ethnic Estonians or who have performed valuable service to
Estonia.
As of September, some 40,000 people had applied for and
received citizenship.  Some observers attributed the
application for naturalization of such a small proportion of
resident noncitizens to:  (1) indecision over whether to apply
for Estonian citizenship or citizenship of another country
(principally Russia)--the latter choice was encouraged by both
Estonian and Russian nationalists; (2) bureaucratic delays; and
(3) the Estonian-language proficiency requirement.  Those who
desire language instruction confront serious problems stemming
from an insufficient number of qualified teachers, lack of
funds, poor educational infrastructure, and an examination
process which some allege is arbitrary.
Article 16 of the Citizenship Law Implementation Act bars the
naturalization of:  "(1) foreign military personnel on active
service;  (2) persons who have been in the employment of the
security and intelligence organizations of the Union of Soviet
Socialist Republics; (3) persons who have been convicted of
serious criminal offenses against people or who have a criminal
record of repeated convictions for felonies; and (4) persons
lacking a legal steady income."  The Law on Aliens, which went
into effect in July 1993, denies residency permits to similar
categories of people.  However, it provides for judicial review
of those excluded for residency permits, while those excluded
from naturalization under the Citizenship Law have no right of
appeal.  No expulsions of noncitizens, whether legally or
illegally resident, were reported.
There are no legal impediments to women's participation in
government or politics; 12 of the 101 members of Parliament are
women, and 3 of the 14 government ministers who took office in
the fall of 1992 were women, of whom only 1 remained in office
by year's end.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not restrict the formation or functioning
of human rights organizations or interfere in the visits of
international and nongovernmental human rights groups.  In
response to criticism about the treatment of ethnic minorities,
the President established a Human Rights Institute in 1992 to
monitor human rights in Estonia, investigate reports of human
rights violations, and provide information to the international
community.  In addition, because of tensions surrounding the
adoption of the elections law and the Law on Aliens in 1993,
the President established a roundtable composed of
representatives of the Union of Estonian Nationalities,
political parties, and the ethnic Russian population's
Representative Assembly.  In addition, with financial
assistance from the Danish Government, a nongovernmental legal
information center opened in Tallinn in October to provide free
legal assistance to citizens and noncitizens seeking advice on
human rights-related issues.
In the context of repeated Russian allegations of human rights
violations among the noncitizen population and the widespread
belief among international observers that the CSCE mission
could play a more active role, Estonia agreed to extensions in
the mission's mandate in Estonia.  The CSCE mission acted to
address political and social tensions and did not find a
pattern of human rights violations or abuses in Estonia.  The
Government repeatedly expressed concern about what it deemed
biased reporting by the mission.  By the end of the year,
relations between the Government and the mission appeared to be
on track again.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
religion, skin color, extraction, political or other beliefs,
as well as economic or social status or for any other reason.
Ethnic Russians total nearly 30 percent, and non-Estonians as a
whole 37 percent, of the population of 1.5 million.
     Women
Women possess the same legal rights as men and are legally
entitled to equal pay for equal work.  Nevertheless, in
September the State Statistical Office published the results of
a study conducted in November 1993 which revealed that, on the
average, female midgrade specialists in Estonia earned only 60
percent as much as their male counterparts.  There continue to
be female- and male-dominated professions.  Most women carry
major household responsibilities in addition to comprising
slightly more than one-half of the work force.  Although
women's groups have undertaken no organized effort to make this
an issue of public policy, in March several groups established
an Information Center for Women's and Family Associations in
order to collect and disseminate information about their
activities.
Public discussion of the role and situation of women in the
society increased noticeably during the year, but little or no
attention was paid to the subject of violence against women.
Women's groups have not been notably active or effective in
asserting women's rights.  The common perception among Estonian
women's groups and law enforcement officials is that Estonia is
not plagued by family violence.  The police note that they are
rarely called to the scene of domestic violence.  Police
officials say that, in most cases when they are called, the
abused spouse declines to press charges.  There are no laws
specifically against spousal abuse.
     Children
Estonia has demonstrated a strong commitment to the rights and
welfare of children and in 1992 adopted a strong domestic child
protection law, patterned on the U.N. Convention on the Rights
of the Child.  There is no observed pattern of societal child
abuse.  However, the nongovernmental Estonian Union for Child
Welfare is conducting a research project on children and
violence in the home and school.
     National/Racial/Ethnic Minorities
In 1993 the President established a roundtable to promote
constructive dialog among Estonia's ethnic groups and the
political parties representing them.  There is a tradition of
protection for cultural autonomy, dating to a 1925 law.
Parliament passed a new cultural autonomy law for minority
groups in 1993.
During the years of Estonia's forced annexation by the Soviet
Union, large numbers of non-Estonians, predominantly ethnic
Russians, were encouraged to migrate to Estonia to work as
laborers and administrators.  These workers and their
descendants now comprise approximately one-third of the total
population, whereas about 8 percent of the population of the
pre-1940 republic was ethnic Russian.
Non-Estonians, especially Russians, continued to allege job,
salary, and housing discrimination because of Estonian-
language requirements.  They are fearful that new
discriminatory laws may be adopted.  Estonian law makes no
distinction on the basis of lack of citizenship or other such
grounds regarding business or property ownership (other than
land).  All residents of Estonia may participate equally in the
privatization of state-owned housing.  Estonian-language
requirements for those employed in government offices and in
the service sector went into effect in 1993.
The language office liberally grants extensions to persons who
can explain their failure to meet their requisite competence
level in 4 years.  Estonian-language training is available, but
some claim it is too costly.  A separate law covering the
language requirement for citizenship was passed in 1993.
Russian representatives charge that the language requirement is
too difficult; however, at least one Western NGO representative
has noted that examiners pass applicants with even minimal
knowledge of Estonian.  The examination fee for either language
test--for employment or citizenship--is 15 percent of the
monthly minimum wage, although it is waived for the unemployed.
In districts where the language of more than one-half of the
population is a language other than Estonian, the inhabitants
are entitled to receive official information in that language,
and the local government may conduct business in that
language.  (See also Sections 2.d. and 3 for a discussion of
laws on citizenship and aliens.)
     People with Disabilities
The Constitution contains provisions to protect disabled
persons against discrimination.  While there is no legal
discrimination against the disabled, little has been done on a
societal or governmental level to enable disabled people to
participate normally in public life.  There is no public access
law, and very little has been done on a voluntary basis.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right to form and join freely
a union or employee association.  The Central Organization of
Estonian Trade Unions (EAKL) came into being as a wholly
voluntary and purely Estonian organization in 1990 to replace
the Estonian branch of the official Soviet labor confederation,
the All-Union Central Council of Trade Unions (AUCCTU).
Workers were given a choice as to whether or not they wanted to
join the EAKL.  While in 1990 the AUCCTU claimed to represent
800,000 members in Estonia, in 1992 the EAKL claimed to
represent about 500,000 members, organized in 30 unions.  By
1994 EAKL's membership had dropped to about 200,000 organized
into 25 unions.  The EAKL explains the drop in membership by
the breakup of large government-owned enterprises and
privatization.   EAKL officials estimate that some 40 percent
of approximately 600,000-strong work force are organized.
The right to strike is legal, and unions are independent of the
Government and political parties.  There were no strikes in
1994.  There are constitutional and statutory prohibitions
against retribution against strikers.  Unions may join
federations freely and affiliate internationally.
     b.  The Right to Organize and Bargain Collectively
While Estonian workers now have the legally acquired right to
bargain collectively, collective bargaining is still in its
infancy.  The Government remains by far the biggest employer.
According to EAKL leaders, few collective bargaining agreements
have been concluded between the management and workers of a
specific enterprise.  The EAKL has, however, concluded
framework agreements with producer associations, which provide
the basis for specific labor agreements.  The EAKL was also
involved with developing Estonia's new Labor Code covering
employment contracts, vacation, and occupational safety.  The
Labor Code prohibits antiunion discrimination and gives
employees the right to go to court to enforce their rights.  In
1993 Parliament passed a collective bargaining law, a
collective dispute resolution law, and a shop steward law.
EAKL officials reported that a court reinstated a union
official who alleged dismissal because of union activity.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor.  The
Labor Inspections Office effectively enforces this prohibition.
     d.  Minimum Age for Employment of Children
According to labor law, the statutory minimum age for
employment is 16 years.  Minors aged 13 through 15 may work
with written permission of a parent or guardian and the local
labor inspector, if working is not dangerous to the minor's
health, considered immoral, or interferes with studies, and
provided that the type of work is included on a list the
Government has prepared.  State authorities effectively enforce
minimum age laws through inspections.
     e.  Acceptable Conditions of Work
The Government, after consultations with the EAKL and the
Central Producers Union, sets the minimum wage and reviews it
monthly.  In September the minimum wage was raised to $36 per
month--450 Estonian crowns.  The minimum wage is not sufficient
to provide a worker and family a decent standard of living.
About 3 percent of the work force receive the minimum wage.
The average wage is about four times the minimum wage.
The standard workweek was reduced from 41 to 40 hours in 1993.
There is a mandatory 24-hour rest period in the workweek.
According to EAKL sources, legal occupational health and safety
standards are satisfactory, but they are extremely difficult to
implement in practice.  The National Labor Inspection Board is
charged with enforcement but has not been very effective.  In
addition, the central labor unions have occupational health and
safety experts who, upon request from workers through their
local representatives, assist workers in bringing employers
into compliance with the legal standards.  Workers have the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
ETHIOPIA1
qTITLE:  ETHIOPIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ETHIOPIA
After a lengthy civil war, the Ethiopian People's Revolutionary
Democratic Front (EPRDF) took power in 1991 and, together with
other groups active in the anti-Mengistu struggle, adopted the
National Charter which established the Transitional Government
of Ethiopia (TGE).  The TGE, headed by President Meles Zenawi,
has been responsible for overseeing the transition to
multiparty democracy.  The Council of Representatives, the
interim quasi-legislature, is controlled by the four
constituent parties of the EPRDF.  The EPRDF and by extension
the TGE are dominated by the Tigray People's Liberation Front
(TPLF).  The ascendance of Tigrayans and a policy of promoting
ethnic identity and regionalism have engendered animosity from
Amharas, who have traditionally held centralized power in
Ethiopia.
The TGE continued to implement its planned devolution of
authority to regional governments.  In June the TGE held
elections for the 548-seat Constituent Assembly, the body
responsible for approving the new Constitution which was
ratified on December 8 and replaced the interim National
Charter.  The Constitution is the basis for parliamentary
elections that are scheduled to be held in on May 7, 1995.  All
major opposition parties boycotted the June Constituent
Assembly elections, charging TGE manipulation of the political
process.  The new Constitution promotes a multiparty system and
limits the role of the future central government to the
preservation of the Constitution, defense, and foreign policy.
Ratification of the Constitution represented an important step
in the TGE's democratization program, which--despite
imperfections--has provided Ethiopian citizens with greater
political freedoms than at any time in the nation's history.
Until the reestablishment and deployment of police forces in
mid-1994, the EPRDF military wing served as both the national
armed forces and an internal security force.  During 1994 the
TGE continued to demobilize TPLF soldiers, integrating some
into new local and regional police forces, which were
increasingly responsible for law and order.  The December
decision of the Fourth TPLF Congress to ban TPLF military
commanders from party membership was a step toward the
establishment of a representative, nonpolitical national army.
The military continued low-level operations to counter the
actions of Oromo Liberation Front (OLF) and Islamic
fundamentalist movements, especially in the Oromo and Somali
regions where periodic clashes with insurgent and bandit groups
occurred.
The economy is based on smallholder agriculture, with more than
85 percent of the population living in rural areas in very poor
conditions.  Coffee accounts for about 60 percent of export
revenue.  The TGE continued to implement an internationally
supported economic reform program designed to liberalize the
country's economy and bring government expenditures into
balance.
The Government was consistent and forceful in its verbal
commitment to respect human rights, but serious problems
remain.  The judicial system remains weak, understaffed, and at
times subject to political influence.  There were credible
reports that members of the security forces committed a number
of extrajudicial killings and beat or otherwise physically
abused criminal suspects and detainees, although these
practices do not appear to be widespread.  The Government
seldom tried, convicted, and appropriately punished security
force members and police who committed such abuses.  The
Government harassed and detained without charge numerous
journalists and a number of opposition party members, holding
some for as long as several months.  In September the
authorities arrested approximately 500 members of the
All-Amhara People's Organization (AAPO) on charges of unlawful
assembly.  Numerous reports alleged that EPRDF forces,
opposition separatists, and Islamic militias all committed
humanitarian violations, including the summary execution of
civilians, in continued clashes in the eastern parts of the
country.  The TGE's sometimes heavyhanded tactics and an
opposition boycott ensured an EPRDF victory in the June
Constituent Assembly elections.  Discrimination and violence
against women and abuse of children continued to be serious
problems.
However, the Government took a number of steps to improve its
human rights practices.  It released several thousand persons
previously detained without charge and closed the camps in
which they were confined.  It undertook efforts to establish a
nonpolitical and nationally representative military.  In June
the Government conducted a procedurally fair election in which
opposition groups were allowed access to government-owned
broadcast media, and on several occasions opposition groups
staged rallies without interference.
In December the Special Prosecutor's Office (SPO) began legal
proceedings against the first group of detainees charged with
crimes against humanity under the brutal Marxist regime of
Colonel Mengistu Haile Mariam (1974-1991).  Following the
reading of charges against the initial group of defendants,
attorneys for the accused requested and received a continuance
until March 7, 1995, to permit more time to prepare their
defense.  At year's end, approximately 1,700 detainees
suspected of involvement in war crimes remained in detention,
most without charge after more than 3 years.  The trials, which
are expected to last for several years, may ultimately involve
more than 3,000 defendants.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
According to informed sources, local and regional officials of
the security services committed more than 20 extrajudicial
killings in 1994.  In at least one case thought to be
politically motivated, in August government security officers
assassinated the deputy mayor of Gode.  According to credible
reports, in July EPRDF soldiers fired at five unarmed young men
in Debre Zeit, killing two and wounding two others.  At year's
end, the Government had not begun a public investigation of
either of these incidents or punished those responsible.
In July Alebatchew Goji died under suspicious circumstances
while in police custody in the town of Orghessa, near Dessie.
While the exact circumstances of his death were unknown,
Alebatchew had been detained and interrogated for 6 days about
his fugitive uncle's whereabouts.  After Alebatchew's death,
the police displayed his body in public before instructing his
father to retrieve the body for burial.  There is no evidence
that government authorities investigated this incident.
There were numerous unconfirmed reports of summary executions
of civilians by government and antigovernment forces during
clashes in the eastern "Somali" region which includes the
Ogaden.  Groups involved in these clashes include the EPRDF,
the Ogaden National Liberation Front (ONLF), and the Islamic
fundamentalist group "Al-Ittihad Al-Islami."  There was no
evidence to support occasional rumors of "killing squads."
     b.  Disappearance
The independent press published numerous accounts of alleged
disappearances throughout the year.  In most cases, security
forces arrested and held these persons incommunicado for
several weeks before evenutally releasing them without charge.
For example, after the OLF abducted and held a British CARE
international employee for a week, an Ethiopian CARE employee
subsequently disappeared.  Despite repeated denials that he was
in police custody, the local EPRDF office released him 6 days
later.
However, there was at least one unconfirmed report in which the
whereabouts of a person allegedly last seen in police custody
was unknown at year's end.  According to international human
rights groups, in May unidentified security forces reportedly
picked up Mustafa Idris, a telecommunications worker and OLF
supporter, in Addis Ababa.  Previously detained by the Mengistu
regime for 10 years, Mustafa had not been traced to any police
station, and his whereabouts were unknown.
Human rights groups continued to charge that the whereabouts of
dozens of people the TGE arrested when it took power remained
unknown.  In response, the TGE claimed that some of the alleged
missing were among the estimated 1,700 persons in detention
awaiting trial for crimes committed against the civilian
population during the Mengistu regime.
     c.  Torture and other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The National Charter and new Constitution prohibit the use of
torture and mistreatment.  Nevertheless, there were credible
reports that security officials sometimes beat and otherwise
mistreated detainees.  However, instances of torture were
rare.  A reported form of mistreatment is tying a victim's
upper arms behind his or her back with electrical wire,
occasionally resulting in permanent damage to the limbs.
According to some victims and one security official, mock
executions are occasionally staged.  In August EPRDF security
officials took an opposition supporter to an unmarked house in
Addis Ababa and beat and verbally insulted him for several
hours.  The victim was eventually taken to a police station.
Police officers refused an instruction from the EPRDF officials
to imprison the victim and then offered to take the victim to a
hospital.  The Government did not publicly investigate or
punish those responsible.
There were credible reports that EPRDF officials sometimes use
unmarked homes as sites for the temporary detention and
interrogation of political opponents.  However, there is no
evidence to support allegations about the existence of a
network of secret detention or interrogation facilities.  The
Government has agreed to allow international access to any area
or facility suspected of being used in this manner.
In September prison officials shaved the heads of more than 250
supporters of the AAPO who had been detained on September 20
for assembling without a permit.  None of the detainees had yet
been charged with a crime, and it appeared that the act was
designed to humiliate and intimidate the AAPO supporters (see
Section 1.e.).
The Government took steps to improve prison conditions.
Although prison conditions are acceptable by local standards
and are not life-threatening, overcrowding is a serious
problem.  Prisoners are often allocated less than 2 square
meters of space in a room which may contain from 8 to 200
people.  Prisoners typically receive adequate food, often
supplied by relatives on the outside.  Female prisoners are
kept separately from men and receive generally equal
treatment.  Rape does not appear to be a problem in prisons.
The TGE permits independent monitoring of prison conditions,
military camps, and police stations by the International
Committee of the Red Cross (ICRC), and often by diplomatic
missions.  However, the ICRC does not have immediate access to
government facilities and must either request permission or
notify each time it wants to visit.  With the advent of
regionalization, the ICRC was also obliged to obtain clearances
from each of Ethiopia's 10 regions.  An Embassy visit with
imprisoned AAPO leader Asrat Woldeyes in October revealed that
he is treated respectfully, was in good health, and received
food daily from his family (see Section 1.e.).
     d.  Arbitrary Arrest, Detention, or Exile
The National Charter, the new Constitution, and both the
Criminal and Civil Codes prohibit arbitrary arrest and
detention.  Under the Criminal Procedure Code, any person
detained must be charged and informed of the charges within
48 hours and, in most cases, be offered release on bail.  Those
persons believed to have committed capital offenses, such as
murder and treason, may be detained for 4 weeks while police
conduct an investigation and for an additional 15 days while
the prosecutor prepares the case against the suspect.  In
practice, people are often detained without a warrant,
frequently not charged within 48 hours, and if released on
bail, never recalled to court.
Throughout 1994 the Government continued to arrest and detain
persons without charge.  Although most often it detained people
for short periods only, thousands of criminal suspects remained
in detention without charge or trial at year's end.  Many of
these cases result from a severe shortage of judges,
prosecutors, attorneys, clerks, and courthouses.  The Southern
Regional Supreme Court has only 5 judges, out of an authorized
complement of 15.  Late in the year, the Southern Region had a
backlog of more than 5,000 cases dating back as far as 1991.
The TGE began to address these problems by creating special
judicial teams to reduce backlogs in key areas, which resulted
in the release or arraignment of hundreds of detainees in
Region 4.  In December a special team of judicial officials
reviewed prisoner files and released 220 detainees in the
Southern People's Region, typically for lack of evidence.
In August local police detained 46 supporters of the newly
formed Ethiopian National Democratic Party (ENDP) in Awassa and
Dilla in the southern region, allegedly for planning violent
activities and possession of unregistered firearms.  The
authorities eventually released all but two of the ENDP members
(nine not until early December) for lack of evidence.  In a
separate incident, the TGE detained the president of Region 5
(Somali), Hassan Jiri, in Gode and Addis Ababa without charge
for 55 days in connection with his refusal to step down.  On
September 11, Lemma Sidamo, acting vice-chairman of the Sidamo
Liberation Movement, which the TGE accuses of engaging in armed
insurrection, was removed from his residence by Addis Ababa
police, acting on an arrest order from Sidamo Zone.  No charges
were ever brought against Lemma, who was held in seclusion in
Awassa and the town of Yerga Alem until his release in
mid-November.
In December 1993, the authorities arrested eight leaders of
opposition parties when they arrived in Addis Ababa to attend a
"peace and reconciliation conference" organized by political
opposition groups.  They charged seven with supporting armed
uprising against the State and other related offenses but
dropped charges in February after the group members signed
individual statements renouncing violence.  All of the
detainees had been released by mid-February, except for Abera
Yemane-Ab, who remains in detention on suspicion of involvement
in crimes against humanity committed during the Mengistu regime
(see Section 1.e.).
Throughout the year the Government closed several large
detention facilities, including Hurso and Didessa, and released
over 4,000 persons, mostly OLF members and supporters who had
been held for periods as long as 2 years.  It arraigned about
280 of the detainees in Ziway, formally charged them with
crimes, and transferred them to civilian prisons.   At year's
end no trials for the 280 had begun, despite government
indications it would bring these prisoners to trial quickly.
The Government closed the detention facility at Agarfa earlier
in the year.
Exile is illegal and not used as a means of political control.
However, in May, at the behest of the Eritrean Government, the
TGE arrested 26 Ethiopians for alleged involvement in
activities of the Eritrean Liberation Front-Revolutionary
Command (ELF-RC), a group opposing the Eritrean Government.  As
an alternative to imprisonment or deportation to Eritrea, the
Government permitted several of the ELF-RC members to seek
asylum in Europe and allowed the others to remain in internal
exile in southern Ethiopia.
     e.  Denial of Fair Public Trial
The TGE continued to restructure the judiciary toward a
decentralized federal system, featuring courts at the district
(woreda), zone, and regional levels.  The Central (federal)
Supreme Court adjudicates cases involving federal law,
transregional issues, and national security and hears both
original and appeal cases.  While the goal of a decentralized
system may hold promise of bringing justice closer to the
people, the reality is that the severe shortage of trained
personnel in many regions, serious financial constraints, and
the absence of a clear demarcation between central and regional
jurisdictions combine to keep the judiciary weak.
Until regional legislatures are established and empowered to
pass laws particular to their region, the Criminal Code will
remain the same at both the regional and federal levels.
Trials are public, and defendants have the right to a defense
attorney.  The Government established a public defender's
office to provide legal counsel to indigent defendants.  In
December, the central High Court appointed attorneys to
represent 46 of the initial group of defendants in the war
crimes trials following claims by the defendants that they
could not afford adequate defense.  The Court will pay each
attorney the equivalent of $800 to cover necessary expenses.
Ethiopian law does not grant the defense attorney access to
accusatory material before trial.
Shari'a (Islamic) courts hear religious and family cases
involving Muslims.  The new Constitution protects the existence
of current Shari'a courts and gives the legislature of any
jurisdiction the authority to empower future Shari'a courts.
Under the Constitution, both parties have to agree to be
subject to Shari'a law for it to be applied.  In addition, some
traditional courts still function in remote areas, and, though
not sanctioned by law, resolve legal disputes for the large
number of Ethiopians who live more than a day's walk from a
road, and generally beyond the influence of modern judicial
facilities.
The central courts continued to show signs of judicial
independence.  However, these efforts were sometimes undermined
by political interference in other areas of the judiciary.  The
Central Supreme Court found against the Ministry of Internal
Affairs for misdeeds committed by the previous government's
Internal Affairs Ministry.  The central High Court reprimanded
the Minister of Justice and other senior officials for ordering
the release of two prominent detainees held by the Court.  In
December the central High Court found that the Ministry of
Labor had overstepped its bounds in ordering the closing of the
offices of the Confederation of Ethiopian Trade Unions (CETU).
Senior judicial officers acknowledge government pressure,
noting that judges are sometimes instructed to treat EPRDF
defendants leniently.  Anecdotal evidence suggests that the
exact opposite is true for cases involving members of the
opposition.  At least one judge claimed he was fired for
exhibiting too much independence, and in another case a
presiding high judge replaced one of two fellow judges to
achieve a majority vote to deny bail to two AAPO detainees.  At
year's end, two regional judges remained in prison in the
southern city of Jinka after being illegally dismissed by local
authorities for issuing an unpopular decision.  Officials in
Jinka claimed, incorrectly, that regionalization gives them
complete autonomy over local affairs, and they ignored release
orders from the chairman of the Southern Region Supreme Court
and from the vice chairman of the regional council.
In decentralizing the judiciary, the TGE also established in
1993 federal and regional Judicial Administrative Commissions
(JAC's) which are empowered to help select and discipline
judges.  JAC's--which include the chairman of the relevant
supreme court, representatives of the appropriate legislative
council, local lawyers, prosecutors, and Justice Ministry
officials--have begun to function, although their impact was
mixed.
On October 25, the Special Prosecutor's Office (SPO) handed
down long-awaited indictments against the first group of
defendants to be tried for serious crimes, including for crimes
against humanity during the "Red Terror" and forced
resettlement and villagization, committed during the Mengistu
dictatorship from 1974 to 1991.  The SPO was established in
1992 to create an historical record of the abuses during the
Mengistu government and to bring to justice those criminally
responsible for human rights violations and corruption.  The
trial of the first 66 defendants began on December 13.  In this
first group, the Government is trying 21 of the 66 in absentia,
including the former president, Colonel Mengistu Haile Mariam,
who is in exile in Zimbabwe.  It may eventually charge and try
more than 3,000 defendants in connection with these crimes;
some government officials expect the trials to go on for 3 to 5
years.  In 1994 the Government arrested 25 former Air Force
personnel for having bombed civilian targets during the civil
war.  Over 1,600 suspects remained in detention without charge
at year's end, some of whom have been detained for more than 3
years.  The Government declared that the remaining detainees
would be charged by July 1995.
Following a high profile trial, the Central High Court
convicted and sentenced AAPO leader Asrat Woldeyes and four
accomplices to imprisonment for 2 years for involvement in a
1993 meeting in Addis Ababa during which plans for armed
activities against the TGE were allegedly discussed.  In
December the same court sentenced Asrat to prison for an
additional 3 years for "incitement to war" in connection with a
speech made at the provincial town of Debre Berhan in 1992.  At
year's end, Asrat also faced charges of involvement in a May
1994 prison break in Debre Berhan, during which several guards
were killed.  His confinement and trials received significant
press attention and exacerbated tensions between the TGE and
AAPO.  In September, after protesting without a required permit
outside the Central High Court, the authorities arrested
approximately 500 AAPO supporters and eventually charged 250
with "public provocation" and "illegal assembly."  They
subsequently released all of these on bail; further court
action remained pending at year's end.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law requires judicial search warrants, but government
critics allege they are seldom used in practice.  The TGE
implemented a nationwide campaign to uncover and confiscate
unregistered firearms.  Government security officials conducted
searches of private and commercial vehicles, as well as private
homes.  Leaders of political opposition groups claim their
members have been singled out for illegal searches and often
unfairly detained during this campaign.  These charges were
given additional credibility when 44 of 46 ENDP members,
detained following accusations of illegal weapons possession in
the Southern Ethiopian People's Region, were subsequently
released without charge (see Section 1.d.).  Many people allege
they are under surveillance for expressing antigovernment views.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The TGE continued to face low-level armed insurgency and
banditry in various parts of the country, and both the military
and the insurgents committed serious abuses, including
extrajudicial killings.
In April the TGE armed forces launched a military operation in
eastern Region 5 to control military activities of the Islamic
fundamentalist Al-Ittihad Al-Islami and the military wing of
the separatist ONLF.  Numerous unconfirmed reports allege that
all parties summarily executed civilians and that Al-Ittihad
and the ONLF employed land mines and hand grenades against both
military and civilian targets.  Toward the end of the year a
number of suspected ONLF landmine attacks were directed at
civilian targets, primarily along the Harar-Jijiga road, and
resulted in more than 10 civilian deaths and numerous injured.
In Regions 3 and 4 (Amhara and Oromia), rebel groups
occasionally clashed with government forces resulting in deaths
on both sides.  Militants of the Oromo Liberation Front engaged
TGE forces sporadically during the year.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
While the National Charter, the 1992 Press Law, and the new
Constitution provide for the right to free speech and press,
the TGE restricted both of these freedoms on numerous
occasions.  People are generally free to discuss publicly any
topic they choose, but those expressing anti-TGE views were
vulnerable to government harassment.  For example, police
detained a person overnight for speaking about Asrat's case
(see Section 1.e.) and forced him to sign a statement
forswearing any future discussion of the professor.  Press
criticism of both the Government and the opposition is common.
Opposition parties and the Ethiopian Human Rights Council
(EHRCO) were generally able to hold rallies or press
conferences expressing anti-TGE views without apparent
retribution.
The vast majority of Ethiopians outside Addis Ababa have no
ready access to the print media.  A small-circulation private
press continued to operate in Addis Ababa despite the arrest of
more than a dozen journalists for violations of the Press Law
and Criminal Code.  The Press Law is vague, and many
journalists complain that it can be interpreted broadly to
target journalists whom the Government dislikes.  This often
results in self-censorship.  The clause most commonly invoked
is the prohibition on dissemination of false information, which
is often translated into "telling only one side of a story."
Many journalists fall victim to this clause because of the
refusal of virtually all government officials to speak to the
private press, even to confirm or deny an allegation.  Denial
of entrance to private journalists at government press
conferences further limits their access to information and
undermines the TGE's affirmations of a free press as a
cornerstone of democracy.  However, some elements of the
private press were irresponsible in their reporting of
developments in the country.
The authorities detained a number of independent journalists
and editors for long periods (as long as 4 months) without
informing them of the charges they face.  Many publishers
decided against continuing involvement in the news business
after being detained, sentenced to prison, or fined up to
$3,200 (20,000 birr).  There were credible allegations of
executive influence in judicial proceedings against
journalists.  Judges set fines on an ad hoc basis.  When a
convicted person is unable to pay a fine, it is a common
long-standing practice to divide his monthly salary into the
outstanding fine to determine the number of months in prison.
On three occasions judges applied this practice to detained
journalists.  As a result of poor management, market forces,
and government harassment, the number of available newspapers
declined from the high of 65 that were in operation at various
times during 1993.  By the end of 1994 there were about 20
weekly and 2 monthly magazines in circulation in Addis Ababa
with a circulation of about 5,000 to 7,000 each.
Foreign journalists, including from the Voice of America,
continued to operate freely in Ethiopia during this period,
often writing articles critical of TGE policies and practices.
The Government controls radio, the most influential medium in
reaching the rural population, as well as the sole television
station, and ensures that TGE policies are reflected in their
programming.  The official media devoted slightly more coverage
to the activities of opposition groups than in 1993, but much
of this coverage was negative.
The new Constitution provides for academic freedom.  In January
1993, security forces killed an Addis Ababa University (AAU)
student while dispersing an unauthorized demonstration against
Eritrean independence at the University, in which protesters
threw rocks at police.  In February 1994, a commission of
inquiry, which had been established to investigate the
incident, found that the students, university security, and
police were each partly to blame.
At year's end, none of the 41 AAU faculty members dismissed in
April 1993, reportedly for expressing antigovernment views, had
been reinstated.  Only 4 of the 41 received any type of
compensation from the Government, and the teachers' suit
against the Government for wrongful dismissal continued to move
slowly through the courts.  The negative impact of the
dismissals continued to resonate among AAU faculty.
ETHIOPIA2
xXxXTITLE:  ETHIOPIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
     b.  Freedom of Peaceful Assembly and Association
The National Charter and the new Constitution endorse the right
of peaceful assembly, freedom of association, and the right to
engage in unrestricted peaceful political activity.  Although
the Government has used legal instruments and other measures to
abridge these rights on numerous occasions, the Government did
not interfere with several large antigovernment protests held
in November and December.  The TGE proclamation of August 12,
1991, required organizers to inform authorities of peaceful
demonstrations or public political meetings 48 hours in
advance.  In 1994 this process, not the law, was reversed and
tightened.  Organizers must now obtain a permit from regional
authorities prior to a public demonstration.
In a sign that the Government is responding more responsibly to
legitimate public expressions of dissent during the period
leading up to the 1995 elections, there were several large
peaceful demonstrations in November and December.  On November
28, there was a peaceful rally and march by between 40,000 and
50,000 Muslims who demonstrated in Addis Ababa in support of
unrestricted freedom to practice their religion.  On December
4, several opposition groups staged a peaceful rally in central
Addis Ababa to protest the Government's "unilateral" adoption
of the new Constitution and to condemn human rights abuses.
Approximately 50,000 people attended the rally, which proceeded
without incident.
The TGE permits the existence of independent nongovernmental
associations but has sometimes harassed and intimidated groups,
which have criticized the Government on purely political
grounds, such as the Ethiopian Human Rights Council.  These
associations are required both to register with the Relief and
Rehabilitation Commission and to hold a special permit issued
by the Ministry of Internal Affairs.  In particular, the permit
is necessary for an association to open a bank account or
acquire official seals.  Three years after EHRCO applied for
registration and a permit, the Government continued to delay
action on the applications, claiming that EHRCO is primarily a
political organization (see Section 4).  Many other
nongovernmental organizations (NGO's) have made similar
complaints.
The TGE requires political parties to register with the
National Electoral Board (NEB).  As of year's end, there were
60 political parties (44 of whom had received registration
certificates from the NEB); of these, 53 are regional parties
and 7 national.
Credible reports from many sources demonstrate that the
authorities at both the national and regional levels harassed
opposition political parties.  The authorities often refused to
rent meeting halls to opposition parties, surveilled party
activities, and harassed individual members.  A member of the
Ethiopian Democratic Union Party (EDUP) was detained and beaten
severely by two EPRDF officials in Addis Ababa for several
hours after they discovered his EDUP membership card while
interrogating him and a friend on the street.  Two officials of
the opposition Southern Ethiopian People's Democratic Coalition
(SEPDC) were allegedly summarily detained on December 28 after
presenting local authorities in the town of Hosanna a written
notification of SEPDC's intention to establish a party office.
In August police detained 46 supporters of the newly formed
ENDP in Awassa and Dilla in what many suspect was an attempt by
southern region authorities to dismantle the party (see Section
1.d.).
     c.  Freedom of Religion
The National Charter and the new Constitution provide for
freedom of religion, including the right of conversion, and
freedom of worship exists in practice.  Roughly 40 percent of
Ethiopia's population are Muslims who, for the first time in
the nation's history, are able to participate fully in
political, economic, and social life.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Freedom of movement, including the right of domestic and
foreign travel, emigration, and repatriation, is provided under
the National Charter and the new Constitution.  Citizens may
freely change their residence or workplace.  Citizens and
residents of Ethiopia are required to obtain an exit visa
before departing, which the authorities issue in most cases,
except for persons with pending court cases or debts.
An average of 100 Ethiopian Jews (Falashas) and Feles Mora
(Ethiopians who claim Jewish heritage but have not been
accepted as Jews by the Israeli Rabbinate) emigrated to Israel
every month.  This outflow has remained at about the same level
since the major exodus of Falashas in 1991 and 1992.  Several
thousand Ethiopians who claim Jewish heritage remain in
Ethiopia.
According to the United Nations High Commissioner for Refugees
and to foreign diplomats, the TGE treats asylum seekers fairly
and is cooperative on issues concerning the repatriation of
Ethiopian refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
This right has yet to be exercised in Ethiopia.  The TGE
extended the transitional period originally scheduled to expire
in January until a new national government is elected in
mid-1995.  Throughout the year, the TGE continued preparations
for a transition to multiparty democracy, and in December the
Constituent Assembly announced plans to the hold parliamentary
elections within 6 months.
Since taking power in 1991, the EPRDF has dominated the
political process and maintains a preponderance of seats in the
quasi-legislative Council of Representatives.  Of the four
constituent parties of the EPRDF, the TPLF is the most
powerful, and its members included the President and (until
their exclusion from the party at the December 1994 Congress]
most key national security officials.  The EPRDF also dominates
the regional councils and executive committees as a result of
the flawed 1992 elections in which principally the EPRDF, but
also the OLF, were guilty of numerous breaches of the electoral
process.
In March the commission charged with drafting a new
constitution completed its task and submitted the draft for
review and approval by the Council of Representatives.  In
October, the 548-seat Constituent Assembly elected in June
began deliberations on the draft constitution, which it
approved on December 8.  Opposition to the new Constitution
includes an objection to the alleged "unilateral" nature of its
adoption by a ruling party and to specific controversial
articles.  Prominent among the latter are provisions for
self-determination "up to secession" (Article 39) and for state
ownership of all land.
All major opposition groups boycotted the June Constituent
Assembly elections, claiming that the Government would impede
their ability to participate in the political process.  Leading
up to the election, there were credible reports of EPRDF
harassment of some opposition party members and independent
candidates, especially in regions outside Addis Ababa.  The TGE
and the National Electoral Board made credible attempts to
investigate abuses when made aware of their occurrence.  A
limited attempt was made to provide registered candidates with
media access.  In at least one instance, the NEB reversed an
announced victory in favor of a non-EPRDF candidate.
International observers considered the elections
administratively fair.  However, as a result of the lack of
opposition candidates, the election was largely noncompetitive,
and the better organized and funded EPRDF candidates won 89
percent of the contested seats.
In general, the opposition parties are poorly organized and
funded and lack leadership and alternative programs.  Most such
parties also have little active support outside Addis Ababa,
although 85 percent of the population lives in rural areas.
Participation remains closed to a number of organizations which
have not renounced violence or do not accept the TGE and its
Council of Representatives as a legitimate authority.  These
groups include Medhin, the Coalition of Ethiopian Democratic
Forces, the Ethiopian People's Revolutionary Party, the Oromo
Liberation Front, and several smaller Somali groups.
Neither law nor practice restrict the participation of women
and minorities in politics.  Although by historical standards
women's status and political participation is greater than ever
before, women are underrepresented in the TGE Council of
Ministers and among the leadership of all political
organizations.  Only 2 of the 20 Ministers in the TGE Council
of Ministers are women; 3 other women hold ministerial rank,
and a number of others hold positions among the senior ranks of
government.  Only 1 of 30 judges on the central High Court is a
woman.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Ethiopian Human Rights Council is the country's most
prominent independent human rights monitoring group, but it has
been criticized for its political agenda.  However, EHRCO
continued to operate without legal status because the
Government considers it a political organization.  The
Government refused to register EHRCO, and security officials
regularly monitored people visiting its office.  Although in
1993 the Government arrested and released on bail the EHRCO
Secretary General, it had not formally charged him with a crime
by year's end.  EHRCO public statements and periodic reports
are highly critical of the TGE's political program as well as
its performance on human rights.  In its seventh report, it
submitted a list of alleged extrajudicial killings to the
Attorney General and the Ministry of Internal Affairs.  The
former replied that it was unaware of such cases; the latter
had not responded as of year's end.
Other human rights organizations include the Ethiopian Human
Rights and Peace Center (EHRPC), affiliated with the law
faculty at Addis Ababa University, the Ethiopian Congress for
Democracy, and the Inter-Africa Group.
The TGE allows visits by the ICRC and international human
rights groups and permits them to operate and travel freely.
International human rights groups and foreign diplomats have
been encouraged to observe the war crimes trials which began in
December.  Although allegations of human rights abuses have
been raised with the TGE, the Government took remedial action
in only the most public and egregious cases.  Rarely, if ever,
did it punish responsible officials for abusing or neglecting
their authority.  Officials in the Ministry of Interior have
generally been responsive to requests for information about
specific human rights cases and have facilitated visits to
prisons and meetings with prominent detainees.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The new Constitution states that all persons are equal before
the law.  The law provides that all persons should have equal
and effective protection without discrimination on grounds of
race, color, sex, language, religion, political or other
opinion, national or social origin, wealth, birth, or other
status.
     Women
Although women played a prominent role (including service in
combat) during the civil war and hold some senior government
positions, in practice women do not enjoy equal status with
men.  Ethiopian law holds men and women to be equal, but
tradition and cultural factors place the man as head of the
household, and, in practice, men typically hold land tenure and
property rights for the whole family.
Discrimination is most acute in the rural areas, where
85 percent of the population lives, and where women work over
13 hours a day fulfilling household and farming
responsibilities.  In urban areas, women have fewer employment
opportunities than men, and the jobs available do not provide
equal pay for equal work.  In September 1993, the TGE launched
an initiative to promote the equality of women by changing
statutes and including women's concerns in the Government's
development planning, although the Government took limited
concrete action other than to establish women's affairs desks
in each of the ministries.
Domestic violence, including wife beating and rape, is a
pervasive problem.  While women theoretically have recourse
through police and the legal system, societal norms inhibit
many women from seeking legal redress.  There was sporadic
media coverage of domestic abuse cases, although the press
rarely covers instances of rape because of the stigma attached
to the crime.  There are disturbing reports that some husbands
force their wives into prostitution to supplement family income.
     Children
The Government has not given children's issues a high priority,
but has encouraged the efforts of domestic and international
NGO's, such as Save the Children, which focus on children's
social and health issues.
Societal abuse against young girls, however, continues to be a
serious problem.  Almost all girls undergo some form of female
genital mutilation (FGM), which international and TGE health
experts have condemned as damaging to both physical and
psychological health.  Clitorectomies are typically performed
7 days after birth, and the excision of the labia and
infibulation, the most extreme and dangerous form of FGM, can
occur any time between the age of 8 and the onset of puberty.
Early childhood marriage is prevalent in rural areas with girls
as young as 9 years being party to arranged marriages.  The
National Committee on Traditional Practices in Ethiopia, an
indigenous NGO, along with the Ministries of Health and Labor
and Social Affairs, international organizations, and other
NGO's, has begun a nationwide program to educate women,
community leaders, and traditional leaders on the harmful
effects of FGM.  Ethiopia has an extremely high maternal
mortality rate, partially due to food taboos for pregnant women
and birth complications related to FGM, including infibulation.
     National/Racial/Ethnic Minorities
Ethiopia has more than 80 different ethnic groups.  Although
all of these groups have had some influence on the political
and cultural life of the country, Amharas and Tigrayans from
the northern highlands have traditionally dominated this
process.  Some ethnic groups, such as Oromos, the largest
single group, claim to have been dominated for at least a
century by the Amharas and Tigrayans.  In an attempt to rectify
this problem, the Government has supported a loose federal
system and in 1994 changed regional boundaries to encompass
more completely entire (major) ethnic populations.
     People with Disabilities
The Government does not mandate access to buildings or
government services for persons with disabilities.  The new
Constitution stipulates that the State shall allocate resources
to provide rehabilitation and assistance to the physically and
mentally disabled.  There is no officially condoned or legally
sanctioned discrimination against people with disabilities, but
cultural attitudes toward the disabled are often negative, and
even people with minor disabilities complain of rampant job
discrimination.  The Council of Representatives passed a law
mandating equal rights for the disabled, but it is unclear if
the law can be rigorously enforced.  An official at the
Rehabilitation Agency, a semiautonomous institution under the
Ministry of Labor and Social Affairs, estimated that there are
more than 5 million disabled people in Ethiopia out of a
population of roughly 53 million.
Section 6  Worker Rights
     a.  The Right of Association
Only a small percentage of the population is involved in wage
labor employment, which is largely concentrated in the
capital.  Approximately 85 percent of the work force lives in
the countryside, engaged in subsistence farming.
Under the National Charter, Article 42 of the 1994
Constitution, and the 1993 Labor Law, most workers are free to
form and join unions and engage in collective bargaining, but
only about 200,000 workers are unionized.  Employees of the
civil and security services (where most wage workers are
found), judges, and prosecutors are not allowed to form
unions.  Workers who provide an "essential service" are not
allowed to strike.  Essential services include a large number
of categories such as air transport, railways, bus services,
police and fire services, post and telecommunications, banks,
and pharmacies.
Unions are not affiliated with the Government or political
parties.  There is no legal requirement for unions to belong to
the Confederation of Ethiopian Trade Unions (CETU), which was
established in November 1993.  CETU comprises nine federations
organized by industrial and service sector rather than by
region.  In December the Government decertified CETU following
a 30-day probationary period given to permit CETU to resolve
internal disputes.  Under Ethiopian law a trade organization
may not act in an overtly political manner.  The CETU split
over allegations that CETU chairman Dawey Ibrahim's harsh
criticism of the Government's structural adjustment program was
politically motivated.  Factions of three federations,
including Dawey, took possession of CETU offices, prompting the
Government to issue the order that CETU must resolve its
internal problems.  The central High Court later affirmed the
Government's right to decertify CETU but found the decision to
close CETU's offices to be improper.  Nonetheless, at year's
end the CETU offices remained closed.
The 1993 Labor Law explicitly gives workers the right to strike
to protect their interests, but it also sets forth many
restrictions which apply before a legal strike may take place.
These restrictions apply equally to an employer's right to
lockout.  Strikes must be supported by a majority of the
workers affected by the decision.  The 1993 Labor Law prohibits
retribution against strikers.  Both sides must make efforts at
conciliation, provide at least 10-days' notice to the
Government and include the reasons for the action, and, in
cases already before a court or labor board, the party must
provide at least a 30-day warning.
If an agreement between unions and management cannot be
reached, the Minister of Labor may refer the case to
arbitration by a labor relations board (LRB).  The TGE has
established LRB's at the national level and in some regions.
The Minister of Labor and Social Affairs appoints each LRB
chairman, and the four board members are composed of two each
from trade unions and employer associations.  It is unlawful to
strike against an order from an LRB.
There were no strikes organized by unions during the year.
In mid-1994, the TGE reinstated 46 of 52 employees of the
Commercial Bank of Ethiopia who had been fired in 1992 for
attempting to strike.  In the absence of a labor law in 1992,
the attempt to strike had been judged illegal.
Independent unions and those belonging to CETU are free to
affiliate with and participate in international labor bodies.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is protected under the Labor Law and
under the new Constitution, and it is practiced freely
throughout the country.  Collective bargaining agreements
concluded between 1975 and the promulgation of the January 1993
Labor Law are covered under the 1975 Labor Code and remain in
force.  Labor experts estimate that more than 90 percent of
unionized workers in Ethiopia are covered by collective
bargaining agreements.  Wages are negotiated at the plant level.
The law prohibits antiunion discrimination by employers against
union members and organizers.  Grievance procedures are in
place to hear allegations of discrimination brought by
individuals or unions.  Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The National Charter and the new Constitution proscribe
slavery--which was officially abolished in 1942--and
involuntary servitude.  The Criminal Code specifically
prohibits forced labor unless instituted by court order as a
punitive measure.  Forced or compulsory labor is virtually
nonexistent.
     d.  Minimum Age for Employment of Children
Under the 1993 Labor Law, the minimum age for wage or salary
employment is 14.  Children between the ages of 14 and 18 are
covered by special provisions in the Labor Law.  Children may
not work more than 7 hours per day, work between the hours of
10 p.m. and 6 a.m. or on public holidays, or perform overtime.
While some efforts to enforce these regulations are made within
the formal industrial sector, large numbers of children of all
ages work outside of most government regulatory control on
farms in the countryside and as street peddlers in the cities.
     e.  Acceptable Conditions of Work
There is no statutory minimum wage.  However, since 1985 a
minimum wage has been set and paid to public sector employees
who are by far the largest group of wage earners.  This public
sector minimum wage is $16.67 (105 birr) per month, which is
insufficient to provide a decent standard of living for a
worker and family.  According to the Office for the Study of
Wages and other Remunerations, a family of five requires a
monthly income of $62.40 (390 birr), and even with two minimum
wage earners a family receives only about half the income
needed for healthful subsistence.
The legal workweek is 48 hours, 6 days of 8 hours each, with a
24-hour rest period.  The 48-hour workweek is widely respected.
The TGE, private industry, and unions negotiate to set
occupational health and safety standards.  However, the
Inspection Department of the Ministry of Labor and Social
Affairs enforces these standards ineffectively, due to a lack
of human and financial resources.  Workers have the right to
remove themselves from dangerous situations without jeopardy to
continued employment.
FIJI1
yTITLE:  FIJI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              FIJI
Fiji's system of parliamentary democracy was interrupted in
1987 by the installation of a military-led regime following two
bloodless coups.  Fiji returned to elected government in 1992.
That government fell in November 1993 over failure to pass a
budget for 1994.  The subsequent general election in February
1994 returned substantially the same government to office.
Ethnicity plays a major role in Fiji's politics, economy, and
society.  Fiji's more than 770,000 people constitute a
multiracial society about evenly divided between indigenous
Fijians and ethnic Indians.  Indo-Fijians dominate the economy
and professions and are well represented in the lower and
middle levels of the public service, while ethnic Fijians
control the political structures and land rights and make up
the bulk of the nation's military forces.
The small but professional Fiji Military Forces (FMF) and a
separate police force report to and are under the control of
the Minister for Home Affairs and, ultimately, the President.
In 1990, the Government also established the Fiji Intelligence
Service, with limited powers to search people and property, tap
telephones, and open mail.  There continue to be reports of
human rights abuses by the police.
Sugar and tourism constitute the mainstays of the economy,
accounting for almost half of the nation's foreign exchange
earnings.  The Government is promoting light manufacturing for
export, notably in the garment industry, to diversify the
economy and lessen its dependence on sugar and tourism.
The principal human rights problem in 1994 remained
constitutionally imposed and ethnically based political
discrimination.  Improvements in labor rights following the
1993 revision of certain restrictive 1991 labor decrees
continued.  Other human rights abuses include police brutality,
inhibitions on freedom of the press, continued delays in
bringing criminal and civil cases to trial, and violence and
discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings by the Government
or any political group.
There was one accusation of a death in official custody from
unnatural causes.  A man was killed, apparently while being
arrested.  Police claimed the victim brandished a knife.  Other
witnesses said he was drunk but unarmed and that the police
used excessive force.  The three officers involved were
charged, suspended from the police, and at year's end were
awaiting trial.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Police sometimes physically abuse detainees; the authorities
have punished the offending officers in some instances, but
punishments have been light and thus have not served as an
effective deterrent to others.  The police department's
internal affairs unit investigates complaints of police
brutality and has begun to work with the Ombudsman's office to
ensure impartial observers in the investigation of complaints
about police conduct.
The law permits corporal punishment as a penalty for criminal
acts; strokes of the cane are administered under medical
supervision, but this provision is rarely invoked.
     d.  Arbitrary Arrest, Detention, or Exile
The Law of Arrest and Detention provides that a person may be
arrested only if police believe that a breach of the criminal
law has been or is about to be committed.  Arrested persons
must be brought before a court without "undue delay."  This is
taken to mean within 24 hours, with 48 hours as the exception
(such as when an arrest is made over the weekend).  Rules
governing detention are designed to ensure fair questioning of
suspects.  Defendants have the right to a judicial review of
the grounds for arrest; in urgent cases defendants may apply to
a judge at any time, whether he is sitting or not.
Incommunicado and arbitrary detention, both illegal, did not
occur in 1994.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The judicial structure was reorganized under the 1990
Constitution.  The principal courts are the magistrate courts,
high court, and the Court of Appeal.  The Constitution also
provided for a Supreme Court as the court of final appeal, but
to date it has not been established.  The Court of Appeal is
slowly reducing the enormous backlog of cases caused by the
Government's failure to appoint a president for the court until
December 1991 and the court's consequent inability to convene
before that time.
There are no special courts; military courts try only members
of the armed forces.  Magistrate courts continue to try the
large majority of cases.  In addition to its jurisdiction in
serious civil and criminal cases, the high court is granted
special interest jurisdiction on behalf of the public and is
empowered to review alleged violations of individual rights
guaranteed under the Constitution.
The judiciary is independent under the Constitution and in
practice.  There were no credible reports in 1994 that a court
was influenced by the executive.
The right to public trial is guaranteed and defendants have the
right to counsel.  Trials in the high court provide for the
presence of assessors (citizens randomly selected to represent
the community); cases in the magistrate court do not.  In
litigation involving lesser complaints, a public legal advisor
assists indigent persons in domestic or family law cases.  The
right of appeal exists but is hampered by continuing delays in
the appeals process.  Bail procedures mean that most defendants
do not experience any pretrial detention.
The law sometimes treats women differently from men.  In some
instances there is a presumption of reduced competence and thus
reduced responsibility.  For example, only women can be charged
with infanticide (if a man kills an infant it is treated as
murder).  A woman in an infanticide case is presumed to have
diminished mental capacity, and sentences are reduced
accordingly.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
In general, privacy of the home is respected.  However, the
Intelligence Service has powers to search people and property,
open mail, and tap telephones when a warrant is issued by the
National Security Council, within specific operational
guidelines outlined in the government decree which created it.
The Intelligence Service does conduct surveillance of persons
it believes represent a security threat.  Some political
dissidents believe their telephones and mail are monitored, but
they have not provided substantiating evidence.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech is generally respected.  Political figures
and private citizens can and do speak out against the
Government.  Although the Public Order Act and other acts
prohibit actions that are likely to incite racial antagonism,
no arrests for making public statements were reported or
believed to have occurred in 1994.
The Government has broad discretionary powers to impose
restrictions on press freedom, and has used them in the past.
The possibility of their use also serves to encourage media
self-censorship.  Concerned over the publication of material
embarrassing to government figures, the Government renewed
discussion of regulating the media.
The Government effectively pressured one weekly newspaper
publisher to suppress publication of information about the
private life of a senior government official.  The Government
also expressed its extreme displeasure over what it considered
a lack of media accountability for its errors and a lack of
recourse for those who felt they had been wronged in some way.
Inferring a threat of an imposed media watchdog body, late in
the year senior media representatives created the Fiji News
Council, although with less than universal participation by
media outlets and with considerable opposition from working
journalists.
Legislation pertaining to the press is contained in the
Newspaper Registration Act (NRA) and the Press Correction Act
(PCA).  Under the NRA, all newspapers must be registered with
the Government before they can begin publishing.  The PCA gives
the Minister of Information sole discretionary power to order a
newspaper to publish a "correcting statement" if, in his
opinion, a false or distorted article has been published.
Should the newspaper refuse to publish the Minister's
correction, it can be taken to court and, if found guilty,
fined approximately $700 (individual persons convicted under
the Act may be fined approximately $150 and/or imprisoned for 6
months).  The PCA allows the Government to arrest anyone who
publishes "malicious" material.  This includes anything the
Government considers false news which could create or foster
public alarm or result in "detriment to the public."
The media operate without prior censorship but with
considerable self-censorship.  Newspapers occasionally print
editorials critical of the Government, but rarely do
investigative reporting.  They widely report statements about
the political situation by opposition figures and foreign
governments.  The letters columns of the two daily newspapers
also frequently carry political statements from a wide cross
section of Fiji society, including members of the deposed
precoup government, which are highly critical of the
Government, its programs and the Constitution.
Criticism--albeit muted--of the once sacrosanct traditional
chiefly system is beginning to appear.  However, the Government
still views comments about individual chiefs with disfavor.
An active local organization, the Fiji Islands Media
Association (FIMA), is an affiliate of the regional Pacific
Islands News Association (PINA).  Both FIMA and PINA are
pressing for better training and the establishment of codes of
ethics for journalists.  The Government provided space for
housing the Fiji Journalism Training Institute.
The advent of television has raised the specter of censorship,
openly advocated by the head of the powerful Methodist Church
in Fiji and others.  Fiji's "temporary" television service
phased into a "permanent" service in July.  News production is
still in the hands of the Government's video unit and can be
characterized as a digest of government activities, actions,
and viewpoints.
While academic freedom is respected, the Government has
effectively deterred university employees from participation in
domestic politics.  Since 1991 staff members of the Fiji-based
University of the South Pacific must take leave if they run for
public office and must resign from their posts if elected.
Senior staff may not hold office in political parties.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides the right to assemble for political
purposes, subject to restriction in the interest of public
order.  District officers must issue permits for public
gatherings.  The Government does not always grant permits for
large outdoor political meetings or demonstrations,
particularly if the police advise of difficulties with the
anticipated crowd size or their ability to assure public
safety.
There was no government interference with political activities
during the February general election.  Permits were routinely
issued for rallies organized by political parties, religious
groups, and groups opposed to the Government.  All opposition
party headquarters remain open.  Political organizations are
allowed to operate and issue public statements.  They did so
repeatedly and openly throughout the year.
     c.  Freedom of Religion
The Constitutional provision for freedom of religion is honored
in practice.  The Government does not restrict foreign clergy
and missionary activity or other typical activities of
religious organizations.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict freedom of movement within the
country or abroad.  Occasional detentions at the airport occur,
but the courts do not hesitate to order redress where this is
warranted.  Fiji citizens are free to emigrate, and the
Government does not restrict their return if they choose to do
so.  There are no refugees in Fiji and no forced resettlement
programs.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The constitutional provisions ensuring political dominance by
ethnic Fijians, primarily through race-based voting rolls and
representation in Parliament, abridge the right of citizens to
change their government.  Moreover, the Constitution was
promulgated by a nonelected interim government and has not been
approved by a national referendum.  At year's end it was  under
review by a parliamentary select committee.
The Constitution guarantees ethnic Fijian dominance of the
Government by providing them with 37 of 70 seats in the elected
lower house of Parliament.  Indo-Fijians are accorded 27 seats,
Rotumans (culturally distinct Polynesians) 1, and all others
5.  In the Senate (an appointed body with essentially review
powers and the right to veto legislation), ethnic Fijians hold
24 of the 34 seats, Rotumans 1, and the other groups 9.  Other
constitutional features designed to ensure ethnic Fijian
dominance include a requirement that the Prime Minister be an
ethnic Fijian and selection procedures which virtually ensure
that the President will also be an ethnic Fijian.
The Constitution also incorporates a bill of rights, providing
for freedom of speech, assembly, religion, and other
universally accepted rights and freedoms.  These rights may not
be altered by Parliament except with the approval of two-thirds
of the lower house.  However, Parliament is also given the
authority to pass special acts to deal with certain specified
emergency situations, notwithstanding human rights guarantees
found in other sections of the Constitution.  The Attorney
General's office has taken the view that any legislation
introduced under the emergency powers provision would require
the approval of two-thirds of the lower house.  Critics of the
Constitution maintain that only a simple majority would be
needed and that indigenous Fijians in the lower house would be
able, solely on the strength of their own numbers, to abrogate
constitutional human rights protections.  This interpretation
has never been tested.
The President is selected by the Great Council of Chiefs (GCC),
a traditional Fijian leadership body.  The President appoints
the Fijian members of the Senate on the advice of the GCC and
the provincial councils, and on his own judgment with regard to
the nine members of other races.  He appoints the one Rotuman
senator on the advice of the Rotuman Council.  The President
chooses the Prime Minister, who, along with the Cabinet, holds
most of the executive authority, from among the Fijian members
of the lower house on the basis of ability to command majority
support within that body.
Elections are held by secret ballot, with voting only by
communal constituencies.  The Constitution calls for elections
every 5 years, but the Government may call an election at any
time as it did the snap general election in February after
failing to pass its 1994 budget.  The Constitution provides for
a formal review of its provisions within 7 years of its
promulgation and every 10 years thereafter.
When Prime Minister Rabuka's 1994 budget was rejected by
Parliament in November 1993, Rabuka asked the Acting President
to dissolve that body in accordance with the Constitution.  The
subsequent snap general election in February, considered free
and fair by all observers, returned Rabuka and his party to
Parliament in strength.  Rabuka was again selected as Prime
Minister.
Fiji has a dozen political parties.  Four are predominantly
Indo-Fijian.  The major ones, the National Federation Party
(NFP) and the Fiji Labour Party (FLP) pledged to continue their
opposition to the Constitution in the Parliament.  NFP and FLP
Indo-Fijian parliamentarians are joined on the opposition side
of the legislature by another ethnic Fijian party (the Fijian
Association) and one multiracial party (the All National
Congress).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no local groups in Fiji which focus solely on human
rights matters, but the women's rights movement, the labor
movement, and various political groups (including organized
political parties) are engaged in promoting human rights.
There are also several small, not very active, foreign-based
organizations which concentrate on human rights causes in Fiji,
including the Coalition for Democracy in Fiji (with offices in
New Zealand and Australia) and two United Kingdom-based groups,
the International Fiji Movement and the Movement for Democracy
in Fiji.
The Government in past years inhibited certain investigations
of the political and human rights situation by external
organizations, considering them to constitute external
interference in its domestic affairs.  However, in 1994 it
allowed foreign representatives to attend and participate in
the University of the South Pacific's consultation on the
national agenda.  That discussion roundly criticized many
government policies and politicians as well as the
Constitution.  The views expressed were fully and prominently
covered in the press.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of, and
provides specific affirmative action provisions to improve the
conditions of those disadvantaged as a result of, race, sex,
place of origin, political opinion, color, religion, or creed.
     Women
Despite Constitutional provisions, the Government practiced a
form of sexual discrimination in the recognition of spousal and
offspring rights.  For example, spouses of Fiji citizen women
are not automatically granted residence, whereas spouses of
Fiji citizen males are.  Offspring of female ethnic Fijians
married to nonethnic Fijians are not entitled to registry in
the document governing which persons share in income from
communal ownership of native lands, and who has the right to
vote as an ethnic Fijian, and who holds ethnic
Fijian-designated seats in Parliament.  Men, however, confer
ethnic Fijian status to their offspring regardless of the
mother's ethnic background.  In a high-profile 1992 court
challenge to the registration restrictions, the son of a
Chinese father and ethnic Fijian mother won his appeal to be
registered as an ethnic Fijian.  The Government withdrew its
appeal of the decision in October.  The long-term effects of
the decision on registration restrictions and, thus, a woman's
right to pass on her ethnic status remain unclear.
Women in both the Fijian and Indian communities have functioned
primarily in traditional roles, although some women achieve
responsible positions in the public service, politics and
business.  The female Minister of Education served as Acting
Prime Minister during Prime Minister Rabuka's April-May visit
to the United States.  Women can also attain high status in
Fiji's traditional chiefly system.  The President's wife is, in
her own right, Fiji's second highest ranking traditional
chief.  The Minister for Fijian Affairs, a woman, is widely
believed to be the best candidate to become Fiji's highest
ranking traditional chief.
In general, women in the Fijian community are more likely to
rise to prominence in their own right than are women in the
Indo-Fijian community.  Women have full rights of property
ownership and inheritance, and a number have become successful
entrepreneurs.  Women are generally paid less than men, a
discrepancy that is especially notable in the garment
industry.  Garment workers, most of whom are female, are
subject to a special minimum wage considerably lower than that
in other sectors.
There is a small but active women's rights movement, which has
pressed for more serious treatment of rape in the courts.  The
convicted persons tend to draw widely varying, but usually
short, prison sentences (a few years).  Efforts are under way
to have all rape cases heard in the high court (vice
magistrate's court at the accused's choice) where sentencing
limits are higher.
Domestic violence is also a problem in Fiji and its mitigation
is a second major focus of the women's movement.  The
authorities are generally reluctant to intervene in cases of
domestic violence unless it is necessary to save the woman's
life.  Few cases result in prosecution, as the victim generally
does not press charges.  The Government has not been active in
dealing with domestic violence.
Suva, the capital, and the regional center of Ba have privately
funded women's crisis centers which offer counseling and
assistance to women in cases of rape, domestic violence, and
other problems, such as child support payments.  There is,
overall, a growing awareness of women's issues.
     Children
Changes centered around the undermining of the traditional
village and extended family-based society--and improvements in
record keeping--have revealed a major problem of child abuse in
Fiji.  Reported cases have almost doubled over the last 4
years.  The legal system is inadequate for protecting the
rights of children, as children's testimony is inadmissible
unless corroborated by an adult.  The Government created a
Child Welfare Committee in 1993 to address these problems, but
it is likely to remain reluctant to become involved in family
matters.
Corporal punishment is widely practiced in schools and at
home.  The Ministry of Education has guidelines for the
administration of such punishment by principals and head
teachers.  One principal in the Rewa Delta area was fired in
1993 for overstepping these restrictions.  There are credible
reports that not all abuses are reported or punished.
     National/Racial/Ethnic Minorities
The stated purpose of the 1987 military coups was to ensure the
political supremacy of the indigenous Fijian people and to
protect their traditional way of life and communal control of
land.  To this end, a number of measures have been taken that
favor the Fijian community over other ethnic groups.  The most
obvious are the apportionment of seats in Parliament to
guarantee a preponderance of ethnic Fijians and constitutional
provisions ensuring selection of an ethnic Fijian president and
prime minister.  The Government is also committed to raising
the proportion of ethnic Fijians and Rotumans in the public
service to 50 percent or more at all levels.  This is reflected
in current promotion and hiring policies in the public service
favoring ethnic Fijians; as a result some Indo-Fijians have
complained that, despite their experience and higher
educational achievements, they are not promoted beyond middle
management.
Control of land is a highly sensitive issue.  The British
colonial administration instituted present land ownership
arrangements to protect the interests of the indigenous
Fijians, who currently hold, communally, about 83 percent of
the land.  Most cash crop farmers are Indo-Fijians, who lease
their land from the Fijian landowners through the Native Lands
Trust Board.  Freehold land title is not an indigenous concept;
lands owned currently by the State (8 percent) and by
individuals (9 percent) were transferred from customary owners
during the colonial period.  Many Indo-Fijians, particularly
farmers, believe that the absence of secure land tenure
discriminates against them.  Between 1997 and 2000, the
majority of the current leases will expire.  A review of the
current land tenure and leasing arrangements is underway, with
all indications that few changes will be made to the existing
system.
     People with Disabilities
Legal discrimination against physically disabled persons in
employment, education, and provision of other state services in
Fiji does not exist, however, there is no legislation or
mandated provisions for accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The law protects workers' rights to form and join unions, elect
their own representatives, publicize their views on labor
matters, and determine their own policies, and this is observed
in practice.  However, the law permits restrictions to be
applied to government employees; or in the interests of
defense, public safety, public order, public morality, or
public health, or to protect the rights and freedoms of other
persons.  An estimated 19 percent of the labor force is
unionized.
All unions must register with, but are not controlled by, the
Government.  The only central labor body is the Fiji Trade
Union Congress (FTUC), which was closely associated with the
opposition Fiji Labour Party until mid-1992.  It currently
takes a more independent political stance.  The FTUC is free to
associate internationally and does so.  The labor movement is
led largely by Indo-Fijians, with ethnic Fijians beginning to
assume leadership roles.  Persons with close ties to the
Government have started rival unions primarily for ethnic
Fijians; these unions are more amenable to political
cooperation with the Government.
In April the Parliament completed a 2-year process of reforming
labor legislation by amending the previous acts on industrial
associations (eliminating a ban on holding multiple union
officer positions) and trade unions (eliminating restrictions
on seeking international support on labor issues).
Strikes are legal in Fiji, except in connection with union
recognition disputes.  The Government remains involved in
certifying union strike balloting, which can be an elaborate
process given the distance between some of the island locations
in the country.  The Ministry of Labour had recorded five
strikes as of September 15.
     b.  The Right to Organize and Bargain Collectively
Fiji law recognizes the right to organize and bargain
collectively.  Employers are required to recognize a union if
more than half the employees in a workplace have joined it.
Recognition is determined by union membership numbers rather
than by an election.  The Government has the power to order
recalcitrant employers to recognize unions and has done so.
Key sectors of the economy, including sugar and tourism, are
heavily organized.  Following the May 1992 elections, the
Government lifted wage guidelines, and unrestricted collective
bargaining on wages is now the norm.
Wage negotiations are conducted on an individual company or
enterprise basis rather than on an industry-wide basis.  A
government proposal to introduce such negotiations has been
opposed by employers and unions.
Antiunion discrimination is specifically prohibited by law.  In
practice, the unions are generally successful in preventing
discrimination against workers for union activities, but the
law does not mandate that fired workers be reinstated.
Fiji's export processing zones are subject to the same laws as
the rest of the country, and many of their firms have unions
which have negotiated collective bargaining agreements.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits forced labor, and there
is no indication that it is practiced.
     d.  Minimum Age for Employment of Children
Children under 12 may not be employed in any capacity.
"Children" (under age 15) and "young persons" (ages 15-17) may
not be employed in industry or work with machinery.
Enforcement by the Ministry of Labour and Industrial Relations
generally is effective, except in the case of family members
working on family farms or businesses and "self-employed"
younger street urchins.  Education is not mandatory.
     e.  Acceptable Conditions of Work
There is no national minimum wage.  Certain sectors have
minimum wages set by the Ministry for Labour and Industrial
Relations, which effectively enforces them.  Minimum wage
levels will generally support a barely adequate standard of
living in all sectors, except for the garment industry, in
which the starting wage, $0.50 (F$0.72) for learners and $0.65
(F$0.94) for others, is based on the assumption that workers
are young adults or married women living at home and not
supporting a household.
Fiji has no regulation specifying maximum hours of work for
adult males.  Women are prohibited from night work in factories
(other than overtime work in the garment industry) and
underground work in mines.  Certain industries, notably
transportation and shipping, have problems with excessive hours
of work.  Indo-Fijians, who generally require a cash income to
survive, are more vulnerable to pressure to work long hours
than ethnic Fijians.  Many ethnic Fijians can and do return to
a non-cash economy way of life in their villages rather than
work what they consider excessive hours.
Fiji has workplace safety regulations, a Workmens' Compensation
Act, and an accident compensation plan.  Awards for workers
injured on the job are set by a tribunal.  Government
enforcement of safety standards under the direction of the
Labor Ministry suffers from a lack of trained enforcement
personnel, but the unions do a reasonable job of monitoring
safety standards in organized workplaces.  The International
Labor Organizations recommendations in November 1992 cited the
need to improve working conditions (problems are particularly
widespread in the garment industry).  The Government drafted
legislation to address these shortcomings but Parliament had
not acted on it by year's end.
FINLAND1
h2h2TITLE: FINLAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            FINLAND
Finland is a constitutional republic with an elected head of
state (president), parliament, and head of government (prime
minister), and with an independent judiciary.
The security apparatus is effectively controlled by elected
officials and supervised by the courts.
Finland has a mixed economy, primarily and extensively
market-based.
During 1994 there were no reported violations of fundamental
human rights.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reported cases of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law provides for freedom from torture and cruel, inhuman,
or degrading treatment or punishment, and the Government fully
respects these provisions.  By law, prisoners must be treated
justly and with respect for their dignity, without distinction
on the basis of race, sex, language, nationality, religious or
political conviction, social position, wealth, or any other
unfair grounds.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides for freedom from arbitrary arrest, and the
Government fully respects this provision.  Police may hold a suspect
without charge for up to 7 days.  From the start the suspect has access
to a lawyer of his or her choosing; the
State provides lawyers for indigent suspects.  Once arrested,
the accused must be given a court hearing within 8 days in a
city or 30 days in a rural area.  Circumstances surrounding
arrest are subject to judicial review at the time the accused
is brought to trial.  If found innocent, the accused may apply
to the same court for civil damages, and the arrest is deemed
invalid.
Bail as such does not exist in Finland.  While persons accused
of serious crimes must by law remain in custody pending trial,
those charged with minor offenses may be released on personal
recognizance at the court's discretion.  Preventive detention
is authorized only during a declared state of war for narrowly
defined offenses such as treason, mutiny, and arms
trafficking.  Supervisory personnel from the Ministry of
Justice and the Ministry of the Interior, as well as the
Parliamentary Ombudsman and the Chancellor of Justice, have
authority to enter prisons and to order the release of
prisoners held without charges.  In 1993 there were 248
pretrial detainees held for an average of 2.1 months.  The
entire prison population amounted to 3,421.
By law, Finnish citizens cannot be exiled, and the Government
respects this provision.
     e.  Denial of Fair Public Trial
The law provides for the right to fair public trial, and the
authorities fully respect this.  The President appoints Supreme
Court justices, who in turn appoint the lower court judges.
Judges are appointed for terms limited only by mandatory
retirement at age 70.  The judiciary is effectively insulated
from political interference.
Local courts may conduct a trial behind closed doors in
juvenile, matrimonial, and guardianship cases, or when
publicity would offend morality or endanger the security of the
State.  In national security cases, the judge may withhold from
the public any or all information pertaining to charges,
verdicts, and sentences.  The law provides for sanctions
against violators of such restrictions.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides for the right to privacy and the sanctity of
the home, and it specifically prohibits eavesdropping and mail
tampering.  The authorities fully respect these provisions.
The law authorizes police to conduct wiretapping under certain
conditions of suspected criminal activity.  Senior police
officials, rather than judges, have the authority to issue
search warrants; there is no indication this power is abused.
By law, the police are subject to judicial scrutiny.
Section 2  Respect for Civil Liberties:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
including the broadcast media.  The Government does not hamper
this freedom.  A law that allows the Government to censor films
for foreign-policy reasons is not implemented.
The Government also does not interfere with academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association, and the authorities fully respect this.  For public
demonstrations, the organizers must give prior
notification to the police, who routinely pose no objections.
     c.  Freedom of Religion
The Government does not hamper the teaching or practice of any
faith.  A special tax supports the two state churches, Lutheran
and Eastern Orthodox, but nonmembers can obtain exemption.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel within and from the country, to
emigrate, and to repatriate.
The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting
refugees, and there were no reports of forced expulsion of
those having a a valid claim to refugee status.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Finland is a multiparty parliamentary democracy in which all
citizens over the age of 18 may vote and balloting is secret.
Parliamentary and municipal elections take place every 4
years.  Under legislation passed in 1991, the nation's first
direct popular election of a president was held in February
1994, and presidential elections are to be held every 6 years.
Women are fairly well represented in government.  There are 77
in the 200-member Parliament, and 5 in the 16-member Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several domestic and international organizations in Finland
monitor human rights matters, and the Government does not
hinder their investigations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language or Social Status
The Constitution prohibits any discrimination based on race,
sex, religion, language, or social status, and the Government
effectively enforces these provisions.
     Women
The government-established Council for Equality coordinates and
sponsors legislation to meet the needs of women as workers,
mothers, widows, or retirees.
The 1985 legislation on equal treatment for women in the
workplace has not been fully implemented.  Women earn about 80
percent of men's pay in comparable jobs, and they are
concentrated in lower-paying occupations while they are
underrepresented in top management positions.  Women are not
permitted to serve in the military.
The Government's Equality Ombudsman monitors compliance with
regulations against sexual discrimination.  In 1994, 168
complaints of illegal discrimination against women were
submitted to the Ombudsman, of which 38 were found valid.
Redress for violation of equality laws includes mandated hiring
and promotions, as well as other direct compensation to
victims.  Violators are subject to dismissal and fines.
The law provides stringent penalties for violence against
women, and the authorities enforce these provisions.  The Union of
Shelter Homes and various municipalities maintain in all a
total of 55 government-subsidized shelters for battered persons.
Each year, an estimated 10,000 to 12,000 calls to the police
relate to domestic violence; officials believe this is only
about half the number of actual incidents.  Studies show that
most violence against women is perpetrated by family members.
The latest statistics on rape are from 1991, when there were 60
convictions, of which 43 were punished by unconditional prison
sentences, averaging 19 1/2 months.  Experts believe that rape,
too, is underreported.  Legislation which took effect on June 1
treats spousal rape the same as nonspousal rape.
     Children
The national consensus supporting children's rights is
enshrined in law, which provides extensive protection for them.
     National/Racial/Ethnic Minorities
The law protects the customs and language of the Samis (Lapps),
who constitute under one-tenth of 1 percent of the population.
The Government subsidizes Sami language teaching and traditions
(mainly relating to reindeer herding).  Samis have the same
political and civil rights as other citizens, and participate
in decisions affecting their interests.
There have been isolated cases of violence against ethnic
minorities, mainly assaults by inebriated youngsters.  The
violations have been treated as common crimes, without regard
to the question of whether they involved discrimination based
on the victim's nationality.  Government educational programs
seek to improve attitudes towards ethnic minorities.
     People with Disabilities
Although since the 1970's the law has required that new public
buildings be accessible to people with physical disabilities,
many older buildings remain inaccessible to them.  There is no
such law for public transportation, but each state subsidizes
measures to improve accessibility to vehicles.  Local
governments maintain a free transport service that guarantees
18 free trips per month for a disabled person.  The deaf and
the mute are provided interpretation services ranging from 120
to 240 hours annually.  The Government provides subsidized
public housing to the severely disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the rights of trade unions to
organize, assemble peacefully, and strike, and the Government
respects these provisions.  About 87 percent of the work force
is organized.  All unions are independent of the Government and
political parties.  The law grants public-sector employees the
right to strike, with some exceptions for provision of
essential services.  In the first quarter of 1994 there were 26
strikes, of which all but 1 were wildcat strikes.
Trade unions freely affiliate with international bodies.
     b.  The Right to Organize and Bargain Collectively
The law provides for the right to organize and bargain
collectively.  Collective bargaining agreements are usually
based on incomes policy agreements between employees' and
employers' central organizations and the Government.
Increasingly, however, collective bargaining agreements are
being negotiated at sectoral levels instead.  The law protects
workers against antiunion discrimination.  Complaint resolution
is governed by collective bargaining agreements as well as
labor law, both of which are adequately enforced.
There are no export processing zones in Finland.
     c.  Prohibition of Forced Compulsory Labor
The Constitution prohibits forced or compulsory labor, and such
practices do not occur in Finland.
     d.  Minimum Age for Employment of Children
Youths under 16 years of age cannot work more than 6 hours a
day, or at night, and education is compulsory for children from
age 7 to 16 years.  The Labor Ministry enforces child labor
regulations.  There are virtually no complaints of exploitation
of children in the work force.
     e.  Acceptable Conditions of Work
There is no legislated minimum wage, but the law requires all
employers--including nonunionized ones--to meet the minimum
wages agreed to in collective bargaining agreements in the
respective industrial sector.  These minimum wages generally
afford a decent standard of living for workers and their
families.
The legal workweek consists of 5 days not exceeding 40 hours.
Employees working in shifts or during the weekend are entitled
to a 24-hour rest period during the week.  The law is
effectively enforced as a minimum, and many workers enjoy even
stronger benefits through effectively enforced collective
bargaining agreements.
The Government sets occupational health and safety standards,
and the Labor Ministry effectively enforces them.  Workers can
refuse dangerous work situations, without risk of penalty.
FRANCE1
iTiTTITLE:  FRANCE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             FRANCE
France is a democratic republic with constitutional provisions
for human rights, a directly elected president and parliament,
and an independent judiciary.
The military and security apparatus consists of the three
traditional military services, a gendarmerie (national police
and paramilitary force), and municipal police forces in major
cities.  All are under effective government control.
France's highly developed and diversified economy is primarily
market-based.
The Constitution extensively provides for human rights, and the
Government has a good record of investigating and prosecuting
violations of these provisions.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.  A police officer who in 1993 was charged with
involuntary manslaughter for shooting a robbery suspect in the
course of an arrest received in 1994 a suspended 1-year prison
sentence.  Still under investigation at year's end were two
other 1993 cases of police use of force that resulted in death,
and two 1994 cases.
     b.  Disappearance
There were no reports of disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits such treatment or punishment.  While isolated
instances of police misconduct have occurred, there is no
evidence of a pattern of such abuses or that the investigation
of such cases is routinely delayed or left incomplete.
In November a police officer who was charged with assault and
battery against a doctor from the Central African Republic was
found innocent; the case is under appeal.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides for freedom from arbitrary arrest and
imprisonment, and the Government fully respects this.  Police
must refer arrests to a magistrate within 4 days, or 2 days for
drug and terrorism cases.  Pretrial confinement is very rare.
For misdemeanors other than some narcotics offenses, it
normally is limited to 4 months, but in certain circumstances
it can be extended by about 8 to 12 months.
In August, after terrorists assassinated 5 French officials in
Algeria, French police detained 26 resident non-French Muslims
suspected of supporting Algerian terrorists.  The 26 were held
several weeks before 20 were deported to Burkino Faso.  French
human rights groups argued that the detainees' constitutional
rights were violated in that:  they were never charged with a
crime; they were not permitted to remain in their own place of
residence; and those deported were not given a hearing.  The
Government asserts that the 26 presented an imminent danger to
public order and security, and that it therefore acted within
the law.  At least seven deportees appealed to the
administrative courts; by year's end a court overturned one
deportation order, involving several defendants, but the
Government appealed this.  The other cases await decision.
For narcotics smuggling convictions the courts commonly assess
not only a jail sentence but also a "customs fine" based on the
contraband's estimated value, which usually exceeds by far any
financial assets of the convicted smuggler.  Upon conclusion of
the jail sentence, the prisoner is not released until the fine
is paid.  Most prisoners cannot pay it, and so are further
detained for up to 2 years--the period is determined by customs
officials who, for as long as seems worthwhile, attempt to
obtain the largest possible partial settlement from the
detained prisoner and his or her family.
There are no provisions for exile, and it does not occur.
     e.  Denial of Fair Public Trial
The law provides for the right to fair public trial, and the
authorities respect this.
Trials are normally public, although the defense can request a
closed proceeding.  All felonies are tried before juries.  The
press has free access to records of court proceedings, although
the prosecutor may not disclose information about cases being
tried or investigated.
The law provides for the right of appeal for those convicted of
misdemeanors.  Those convicted of felonies may appeal only on
procedural grounds.
France has no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
French law provides for freedom from invasion of privacy, and
the authorities respect this.  Police must obtain a judicial
warrant in order to search a private residence, except when
responding to a crime in progress.  They can conduct such a
search only between 6 a.m. and 9 p.m., except in special
circumstances such as a crime in progress or a drug case.
Telephone conversations may be monitored only under a court
order in conjunction with criminal proceedings, except in
national security cases.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for freedom of speech and press, and the
Government generally respects this.  However, in August,
following the terrorist murders of French citizens in Algeria,
it banned the distribution of five Middle Eastern-oriented
publications, contending that they encouraged terrorism.  It
has also banned distribution of a skinhead publication, on the
grounds that it promoted racist and anti-Semitic violence.
These bans remained in effect through year's end, with no
reported protests of them.
There are three state-owned and three private television
networks, in addition to private cable channels.  Hundreds of
private radio stations also offer uncensored programming.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Government does not arbitrarily restrict peaceful assembly
or association.  Sponsors of public events must give advance
notification to local authorities, who normally raise no
objection.  A denial of permission can be appealed to the
highest administrative court (the Council of State).
     c.  Freedom of Religion
The law provides for separation of church and state, and the
Government respects this.  In 1989 the highest administrative
court ruled that the "ostentatious" wearing of headscarves by
Muslim female students violated a law prohibiting proselytizing
in schools.  After much media attention--mainly unfavorable--to
the wearing of such headscarves, in September 1994 the Ministry
of Education issued a directive that prohibits the wearing of
"ostentatious political and religious symbols" in schools.
This does not specify the "symbols" in question, and it leaves
school administrators with considerable authority to do so.
Reportedly, authorities in various schools subsequently invoked
this directive to keep out a total of about 80 students wearing
such scarves (while several hundred others continue to wear
them in school).  Some Muslims and Jews are protesting the
measure.

     d.  Freedom of Movement within the Country, Foreign
         Travel, Emigration, and Repatriation
The law provides for freedom of internal movement, foreign
travel, emigration, and repatriation, and the Government does
not hamper these rights.  The Government participates closely
with the U.N. High Commissioner for Refugees in assisting
refugees to settle in France or elsewhere.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right and ability to change their government
through periodic free and fair elections, with universal adult
suffrage and secret balloting.  They also occasionally exercise
this right through national referendums on amendments to the
Constitution.
The citizens of the "collective territory" of Mayotte and the
territories of French Polynesia, Wallis and Futuna, and New
Caledonia determine their legal and political relationships to
France by means of referendums, and they elect deputies and
senators to the French Parliament.
Presidential elections by direct popular vote are conducted
every 7 years.  Representatives to the National Assembly, the
lower chamber of Parliament, are directly elected every 5
years, unless the Government is dissolved sooner.  Senators are
elected indirectly, by an electoral college, for 9-year terms;
elections for one-third of this chamber are held every 3
years.  The President selects the Prime Minister from the party
or coalition that has the parliamentary majority.
There are no restrictions in law on the participation of women
in politics or government, but they remain significantly
underrepresented in public offices, especially at the national
level.  In 1994, their numbers were 3 of 30 members of the
Cabinet, 17 of 321 Senators, and 34 of 577 deputies in the
National Assembly.  Some parties have established quotas for
women on electoral lists or in party management.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
A wide variety of local and international human rights
organizations operate freely in France.  The French National
Consultative Commission on Human Rights (NCCHR)--which has
nongovernment as well as government members--monitors
complaints and advises the Government on policies and
legislation.  It is an independent body within the Office of
the Prime Minister.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Statutes ban discrimination based on race, religion, sex,
ethnic background, or political opinion.  In March the
Parliament amended the Penal Code to increase prison terms and
fines for persons found guilty of discriminating on the basis
of race, origin, religion, or appearance, or of desecrating
grave sites of a specific ethnic, religious, national, or
racial group; also, to make organizations as well as
individuals liable to charges of discrimination, and to broaden
the definition of crimes against humanity.
     Women
The Penal Code prohibits abuse as well as violence against
women, and specifically criminalizes wife beating.  Amendments
in March upgraded the crime from a misdemeanor to a felony.
The penalty for rape ranges from 15 years to life in prison,
with no differentiation between spousal and other rape.  Some
13,000 incidents of wife beating were reported to police in
1990 (latest data).  Most of the reported assaults on women--54
percent--were committed by spouses, and most of the rest by
other male partners.  About 60 private associations help
battered women.  The Government offers shelter, counseling, and
financial assistance, and operates a telephone hot-line.
While the law requires that women receive equal pay for equal
work, this is often not the reality.  Among professionals and
managers, the mean discrepancy between wages of women and of
men in comparable positions was 29.4 percent in 1993 (latest
data), a slight improvement from 31 percent in 1986.  In 1993
the pay gap among white-collar employees was 11.4 percent (in
1986, 18 percent), and 17 percent among skilled blue-collar
workers (in 1986, 24 percent).  Women are underrepresented in
the senior ranks of government service (they constituted 12
percent in 1990--latest data) and industry.  In 1987 the
Government initiated a program to help women enter professions
previously dominated by men.  It reimburses a participating
firm for up to 50 percent of a trainee's educational and other
expenses.  In 1993 (latest data), 119 women entered this
program.
     Children
There are strict laws against child abuse, particularly when
committed by a parent or guardian.  In 1993 (latest data) there
were 6,500 cases of physical violence against children.
Another 6,000 children were victims of mental cruelty or severe
negligence.  Special sections of the national police and
judiciary are charged with handling these cases.  The
Government provides counseling, financial aid, foster homes,
and orphanages, depending on the extent of the problem.
Various associations help minors seek justice in cases of
mistreatment by parents.
Some immigrants from countries where female genital mutilation
(FGM) is customary subject their children to this.  French
authorities have prosecuted some cases involving FGM and have
undertaken an information campaign to inform immigrants that
FGM is contrary to the law and will be prosecuted.
     National/Racial/Ethnic Minorities
Anti-immigrant sentiments sparked incidents including
occasional attacks by skinheads on members of the large
Arab/Muslim and black African communities, and on the Jewish
population.  In March the annual report of the NCCHR (see
Section 4) noted a sharp rise in attacks and threats, from 172
in 1992 to 342 in 1993.  In response, the Government initiated
a program to combat racism and anti-Semitism through a campaign
to promote public awareness and bring together local officials,
police, and concerned associations; it also initiated
antiracist educational programs in Paris public schools, and
(see Section 2.a.) banned distribution of a skinhead
publication.  NCCHR data indicate there were 52 arrests in 1993
and 56 during the first 9 months of 1994 for racist attacks or
threats.  (No data are available on convictions.)
The NCCHR's report also implicitly criticized some of the 1993
revisions of the Immigration Law, asserting that "useless and
vexing" bureaucratic hurdles in obtaining documentation, such
as identity papers, sometimes resulted in separation of spouses
and even separation of children from parents.
The police make arbitrary identity checks in areas of high
immigrant concentration, particularly those with relatively
many black or Maghrebi residents.  They stepped up these
activities in August, when the Minister of Interior--responding
to the assassinations of French officials in Algeria--ordered a
widespread crackdown on suspected or potential terrorist
networks in France.
     Religious Minorities
The NCCHR report in March noted a sharp increase also in the
number of anti-Semitic incidents, from 103 in 1992 to 299 in
1993.  Government sources indicate that in 1994 some 20 Jewish
and Muslim graves were desecrated.  No arrests were made for
anti-Semitic attacks or threats in 1993, but there were eight
arrests on such charges during the first 9 months of 1994.
These cases are under investigation.
In April a pro-Nazi militia officer, Paul Touvier, who was
convicted of ordering the murder of Jewish prisoners in 1944,
became the first French citizen to be convicted of World War II
crimes against humanity.  He was sentenced to life imprisonment.
     People with Disabilities
The law provides extensive protection as well as welfare
benefits for people with disabilities.  Since 1988 the law has
mandated that disabled persons make up at least 6 percent of
all public and private enterprises with 20 or more employees.
In some cases the Government will reimburse employers up to 20
percent of the costs of employing a disabled person.  A 1993
study concluded that the program was successful in meeting its
goals in the public sector; while it found the private sector
also largely in compliance, it noted that firms often chose not
to hire the handicapped themselves but rather to take advantage
of a provision permitting companies to pay into a special fund
to help government agencies provide such employment.
A 1991 law requires new public buildings to be accessible to
the physically handicapped.
In March the Government's Ombudsman reported that, despite
governmental action, disabled people still faced considerable
obstacles to the exercise of some of their rights.  He called
for greater coordination between central and local governments,
private social workers, and the handicapped themselves and
their families.  The Government has not yet responded to the
Ombudsman's report.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for freedom of association for all
workers.  Although less than 10 percent of the total work force
is unionized (12 to 15 percent in the public sector, 5 to 6
percent in the private sector), trade unions exercise
significant economic and political influence.  They have
legally mandated roles (as do employers) in administering
social institutions, including social security (health care and
most retirement systems), the unemployment insurance system,
labor courts, and the Economic and Social Council, a
constitutionally mandated consultative body.
The unions are independent of the Government, however, and most
are not aligned with any political party.  Many of the leaders
of the General Confederation of Labor and its unions belong to
the Communist Party.
Unions can freely join federations and confederations,
including international ones.
Workers, including civil servants, are free to strike except
when a strike threatens public safety.  As one-fourth of all
salaried employees work for the Government, strikes in the
public sector tend to be fairly numerous and receive extensive
media coverage.  In 1994 there were a few, brief strikes in
both the public and private sectors; none brought out large
numbers or involved long work stoppages.
The law prohibits retribution against strikers or strike
leaders, and the Government effectively enforces this.
     b.  The Right to Organize and Bargain Collectively
Workers, including those in the three small export processing
zones, have the right to organize and bargain collectively.
The law strictly prohibits antiunion discrimination; employers
found guilty of it are required to reinstate workers fired for
union activities.
A 1982 law requires at least annual bargaining in the public
and private sector on wages, hours, and working conditions at
both plant and industry levels, but does not require that
negotiations result in a signed contract.  In case of an
impasse, government mediators may impose solutions that are
binding unless formally rejected by either side within a week.
If no new agreement can be reached, the contract from the
previous year remains valid.  Over 80 percent of the
private-sector work force is covered by collective bargaining
agreements negotiated at national or local levels.  Trilateral
consultations also take place on such subjects as the minimum
wage, temporary work, social security, and unemployment
benefits.  Labor tribunals, composed of worker and employer
representatives, are available to resolve complaints.
The law requires businesses with more than 50 employees to have
a works council, in which workers are consulted on training,
working conditions, profit-sharing, and similar issues.  Works
councils, which are open to both union and nonunion employees,
are elected every 2 years.
The Constitution's provisions for trade union rights extend to
France's overseas departments and territories.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and the
Government effectively enforces this.  In its 1993 report,
however, the ILO's Committee of Experts questioned the French
practice of obliging French prisoners to work for private
enterprises at less than the national minimum wage.
     d.  Minimum Age for Employment of Children
With a few exceptions for those enrolled in certain
apprenticeship programs, children under the age of 16 may not
be employed.  Generally, work considered arduous or work
between the hours of 10 p.m. and 5 a.m. may not be performed by
minors under age 18.  Laws prohibiting child employment are
effectively enforced through periodic checks by labor
inspectors.
     e.  Acceptable Conditions of Work
France has an administratively determined minimum wage, revised
whenever the cost-of-living index rises 2 percentage points,
and it is sufficient to provide a decent standard of living to
a worker and family.  The wage was $6.50 (35.56 francs) per
hour.  Following massive public demonstrations against a draft
law that would have lowered the minimum wage for youths in some
training programs, the Government rescinded it.
The legal workweek is 39 hours, with a minimum break of 24
hours per week.  Overtime is restricted to 9 hours per week.
The Ministry of Labor has overall responsibility for policing
occupational safety and health laws.  Standards are generally
high and well enforced.  Workers have the right to remove
themselves from dangerous work situations.  The law requires
that any enterprise with 50 or more employees have an
occupational health and safety committee; over 75 percent of
all enterprises, covering 75 percent of employees, had such
committees as of 1992 (latest data).
GABON1
oTITLE:  GABON HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             GABON
In December 1993, Gabon held its first contested presidential
election since 1964.  The election was marred by serious
irregularities, including a secret vote count that excluded all
but government observers.  It resulted in the reelection of
incumbent President Omar Bongo, who has ruled the country since
1967.  Immediately following announcement of the results, a
group of opposition candidates filed suit in the Constitutional
Court to have the election declared invalid.  Second-place
candidate Paul Mba Abessole declared himself president and
established a "parallel government."  In January the
Constitutional Court rejected the opposition candidates' suit,
in part because many had accepted posts in Abessole's
unconstitutional "government."  Although Bongo ostensibly
disassociated himself from the former single ruling party (the
Gabonese Democratic Party, or PDG, which he had formed in 1968)
and had run as an independent, the PDG still provides the bulk
of his support.  It retains a majority in the National Assembly
and provides most of the members of the Cabinet.  On October 7
Government and opposition leaders signed an agreement in
Libreville, known as the "Paris Accords," to allow opposition
members to join the Government, and establish an independent
National Electoral Commission.  The new Government formed in
November with 6 opposition leaders among 27 cabinet ministers.
A gendarmerie and a police force normally maintain public
security.  In 1994, however, the Government used the elite and
heavily armed Presidential Guard on several occasions to
restore and enforce public order.  It was responsible for
numerous human rights abuses.
Although a one-party state until 1990, Gabon has adhered to
strongly capitalist economic policies and welcomes foreign
investment.  Thanks to petroleum reserves and a population of
only 1.2 million, it has a per capita income of more than
$3,500 per year.  Nevertheless, corruption, financial
mismanagement, the precipitous decline in petroleum prices, and
neglect of the agricultural sector have forced the Government
to adopt austerity measures.  The 14-member Communaute
Financiere Africaine, of which Gabon is a member, agreed in
January to devalue its currency, the CFA franc, by 50 percent,
to 100 CFA to 1 French franc.  The resulting economic
uncertainty led to numerous strikes and demonstrations in the
first half of the year, some of which became violent.
The controversy attending the presidential elections and
reactions to the CFA devaluation led to clashes between
security forces and supporters of opposition parties during
February and again in March.  Security forces were directly
implicated in the killings of at least 15 Gabonese and 70
foreign nationals (according to official figures) and were
responsible for destroying an opposition radio station and the
residence of opposition leader Abessole.  The Government
briefly held numerous persons without charge.  Opposition
supporters also engaged in politically motivated violence.
From the beginning of the year until April 10, the Government
imposed a "state of alert" which curtailed numerous individual
rights and freedoms and granted security forces extralegal
powers.  Other longstanding human rights abuses included
security forces' mistreatment of detainees, abysmal prison
conditions, societal discrimination and violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Government authorities were responsible for many confirmed
extrajudicial killings.  In February, between 67 and 102
prisoners died while in detention in Libreville.  After
detaining at least 300 West Africans who were attempting to
enter Gabon illegally, gendarmes beat many, then forced the
entire group into four prison cells meant to hold 12 persons
each.  The Government first attributed the deaths to a prison
brawl, and claimed that 67 adult males had died.  However, both
police sources and human rights groups put the number at 102,
including 15 women and children, and survivors themselves
reported that no brawl had occurred.  Reportedly, foreigners
died of suffocation, dehydration, and in some cases of injuries
sustained during beatings.  The Government claimed that a full
investigation was underway, but by year's end it had issued no
report.
During political clashes in late February, security forces
acknowledged responsibility for the deaths of seven Gabonese
citizens and blamed demonstrators for killing two gendarmes.
Family members confirmed that security forces beat Francois
D'Assisses Obiang-Ebe to death at his home in the northern town
of Oyem.  Witnesses also confirmed that Presidential Guard
forces killed Antoine Mba Ndong, an Abessole bodyguard, when
they attempted to arrest the candidate.
Unofficial sources reported that as many as 35 died during
confrontations, including 8 members of the security forces.
In the northern town of Oyem, an anti-government demonstration
turned violent when a member of the security forces shot and
killed a demonstrator.  In Libreville, opposition party
supporters were responsible for publicly beating to death PDG
party member Kamga Komo.  By year's end, the Government had
announced no results of any investigation and had not arrested
suspects in any of these cases.
In December 1993, a soldier of the Presidential Guard detained
and publicly shot a demonstrator.  The Government has still
issued no official report, nor has it revealed the name of the
soldier whom it allegedly arrested.
     b.  Disappearance
There were no confirmed disappearances or abductions ascribed
to government security forces or any other group.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits the use of torture and inhuman or
extreme punishment.  However, security forces regularly beat
prisoners and detainees and humiliated male detainees by
publicly stripping them and shaving their heads.  Security
forces employed other forms of torture to exact confessions.
Eyewitnesses reported seeing prisoners tied to chairs, doused
with ice water, or made to crawl on their stomachs over gravel
or sun-baked asphalt.  There were other credible reports of
security forces exacting confessions by beating the soles of
prisoners' feet or by bending or twisting fingers.  Numerous
persons--including opposition party leaders and opposition
journalists--detained in connection with politically motivated
violence in February and March alleged beatings, torture, and
other humiliating treatment during detention (see Section
l.d.).  One journalist at the opposition-controlled Radio
Liberte, Nang-Veca Bryce, attracted international attention
when an opposition newspaper falsely reported that authorities
had tortured him to death in prison.  When eventually
released, Bryce said he had been beaten, humiliated, and
forced to swear allegiance to President Bongo.
Conditions in most prisons are abysmal and life threatening.
Sanitation and ventilation are poor, and medical care almost
nonexistent.  Prisons rarely provide food, and there are
unconfirmed reports that prisoners are deprived of water as a
further means of punishment.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides for up to 48 hours of initial preventive
detention, during which time police must charge a detainee
before a judge.  In practice, however, police rarely respect
this provision.  Bail may be set if there is to be a further
investigation.  There were, however, numerous instances of
detention without charge, often for political reasons.  In
February Presidential Guard forces attacked and destroyed two
opposition radio stations run by the Bucheron Party (see
Section 2.a.).  The Government arrested at least 10 radio
station employees and Bucheron Party leaders, along with some
80 other persons associated with riots and disturbances that
followed the attacks.  In Libreville authorities held Bucheron
leader Jules Mba Bekale without charge for 48 hours before
releasing him.  Some 54 other detainees spent 3 weeks in
prison before finally being charged.  Among these was
journalist Nang-Veca Bryce, who was eventually charged and
released on bail in early May.  In Oyem police detained party
leader Athanase Ondo Mintsa, 3 of his sons, and some 29 others
without charge for more than 2 months.  A union leader in Port
Gentil was detained in connection with a strike but released
after 24 hours.  At year's end, the Government held no persons
for strictly political reasons.
The Government frequently continued to detain both illegal and
legal refugees without charge.  Many foreign nationals
reported they were mistreated and forced to provide unpaid
labor (see Section 6.c.).
Exile is not used as a punishment nor as a means of political
control, and there are no opposition leaders currently living
in exile.
     e.  Denial of Fair Public Trial
The judicial system includes the regular courts, a Military
Tribunal, and a civilian State Security Court.  In September,
the National Assembly passed a series of reforms to reduce
obstacles the regular court system to try to reduce the
bureaucracy private citizens face when bringing suits.  The
regular court system includes trial courts, appellate courts
and the Supreme Court.  The Constitutional Court is a separate
body charged with examining constitutional questions,
including the certification of elections.  There are no
traditional or customary courts.  In some areas minor disputes
may be taken to a local chief, but the Government does not
recognize such decisions.  The State Security Court, last
convened in 1990, is constituted by the Government on an ad
hoc basis to consider matters of state security.
The Constitution provides the right to a public trial and the
right to legal counsel.  These rights are generally respected
in criminal cases.  Nevertheless, procedural safeguards are
lacking, particularly in state security trials, and the
judiciary remains vulnerable to government manipulation.  The
law still applies the concept of presumed guilt.  A judge may
thus deliver an immediate verdict at the initial hearing if
sufficient evidence is presented.
Although the Constitutional Court ratified the official
results of the 1993 presidential election that were widely
considered to have been manipulated by the Government, it
demonstrated on other occasions an ability to act
independently of the executive.  In a separate development,
the Government relieved the State Prosecutor for Estuaire
Province of her duties, allegedly because she dismissed for
lack of sufficient evidence a weapons charge against the
bodyguard one of the President's principal rivals.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides protection from surveillance, from
searches without warrant, and from interference with private
telecommunications or correspondence.  As part of criminal
investigations, police may issue search warrants, which are
easily obtainable and often granted after the fact.  The
Government has used them to gain access to the homes of
opposition figures and their families.  Government authorities
also routinely monitor private telephone conversations,
personal mail, and the movements of citizens.  Human rights
monitors, opposition figures, union leaders, foreign
diplomats, and even members of the Government have all
reported being followed, watched, or otherwise monitored by
authorities at various times.
The state of alert in effect from the beginning of the year
until April 10 imposed a curfew and granted the Government
numerous extralegal powers to limit an individual's
constitutional rights.  Security forces routinely entered and
searched private homes, offices, and vehicles without a
warrant during this period.  In February government troops
attacked and ransacked an opposition radio station and the
homes of two leading opposition politicians (see Section
2.a.), confiscating or destroying a considerable amount of
property.
After August, when most of the reshuffling of personnel within
ministries was complete, there were no further confirmed
reports of dismissal of government or military personnel due
to political affiliation.  One of the opposition's negotiating
demands in pursuit of a government of national unity was
reinstatement of persons so dismissed.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the right of free speech and
press, and in practice, citizens speak freely and criticize
leaders.  Legislators in the National Assembly openly
criticize government policies, ministers, and other officials.
Although the Government had effectively banned all opposition
periodicals for a 2-month period in 1993, print journalism
thrived throughout the year.  In contrast, the Government
severely restricts the electronic media which reaches all
areas of the country.  There is one government-controlled
daily newspaper, L'Union, and more than a dozen lively,
outspoken weekly independents, most of which are controlled by
the opposition.  All--including L'Union--actively criticized
the President, the Government, and political leaders of all
parties.  Later in the year, L'Union granted increasingly
balanced coverage to opposition political figures and events.
In February the Government issued a decree requiring all
journalists to carry a government-issued press card, creating
fears of unfair allocation and of discrimination against
opposition journalists.  The Minister of Communications
convoked the press corps in August to discuss the matter but
did not implement the decree's provisions by year's end.
The Government did not respect freedom of the press for the
electronic media.  On February 22, armed Presidential Guard
commandos attacked and completely destroyed the
opposition-owned Radio Liberte station in Libreville, touching
off a wave of social unrest and violence that lasted for
nearly a month.  Claiming that the station was promoting "hate
and ethnic violence," Armed Forces Chief of Staff Idriss
Ngari, who 6 weeks later became Minister of Defense, publicly
declared the following day that he personally had ordered the
attack.  This followed the December 16, 1993, destruction of
another opposition radio station, Frequence Libre.  While the
Government never claimed responsibility, numerous rumors
circulated that the Presidential Guard had been responsible
for destroying Frequence Libre as well.  The Government had
not undertaken a credible or public investigation of either
event by year's end.  There are currently no opposition-
controlled radio or television stations.
In April authorities arrested and deported without due process
French journalist Yves Jaumanin.  A member of the organization
Reporters Without Borders, Jaumanin was researching the case
of arrested journalist Nang Veca Brice.  The Government gave
no explanation for the expulsion.
There is no official interference with broadcasts of
international radio stations Radio France 1, Africa No. 1, and
Voice of America.  Foreign newspapers and magazines are widely
available.
There are no restrictions on academic freedom, including
research.
     b.  Freedom of Peaceful Assembly and Association
Citizens and recognized organizations normally enjoy freedom
of assembly and association, although groups must by law
obtain permits for public gatherings in advance.  The state of
alert in effect until April severely limited exercise of these
rights.  The Government prohibited all large public gatherings
and forbade opposition groups to meet.  When groups organized
unauthorized demonstrations, the Government used force to
disperse crowds.  The prohibition on public meetings even
applied to social gatherings such as those in public bars.
This latter provision was loosely enforced, but police did use
it to harass, to intimidate, and often to extort money from
citizens.  Opposition parties convened a number of
unauthorized public demonstrations that turned violent.
     c.  Freedom of Religion
The Constitution provides for religious freedom, and
authorities do not engage in religious persecution or
favoritism.  While the Government has not lifted a ban on
Jehovah's Witnesses, neither has it enforced the ban.
Jehovah's Witnesses received permits and conducted large
public gatherings in 1994.  There is no state religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no legally mandated restrictions on internal
movement, but authorities routinely hindered domestic travel.
Police and gendarmes frequently stop travelers to check
identity, residence, or registration documents and extortion
became increasingly frequent.  In particular, security forces
used the provisions of the state of alert to monitor and limit
movement.  Police detained, fined, and often mistreated anyone
on the streets after the curfew.  Also during the periods of
unrest in January and February, groups associated with various
political interests set up roadblocks throughout Libreville
and in other urban centers, seriously impeding movement and
often stimulating violence, notably toward foreigners, both
Africans and Europeans.
On three occasions between December 1993 and February 1994,
the Government prevented a group of opposition leaders from
traveling abroad although eventually it allowed them to leave.
Even during periods when the state of alert was not in effect,
Gabonese continued to face numerous difficulties when they
wished to travel abroad.  The Gabonese Center for
Documentation continued to require extensive paperwork before
granting a passport and often delayed issuance for up to a
year.  Members of the opposition and certain ethnic groups
alleged discrimination in the granting of passports.  An
unevenly enforced law requires married Gabonese women to have
their husbands' permission to travel abroad.  An exit visa for
citizens is no longer required for travel abroad.
The restrictions placed on the movement and travel of the
nearly 250,000 non-Gabonese Africans living in Gabon are
severe.  Members of the security forces routinely harass
expatriate merchants, service sector employees, and manual
laborers, extorting bribes and services with the threat of
imprisonment.  Residence permits cost roughly $1,000;
nevertheless, authorities frequently rounded up and detained
even documented expatriates.  African diplomats complained
that their citizens, when detained, were mistreated, forced to
provide labor, and often beaten.  The authorities rarely
informed consulates when they detain foreigners.  Non-Gabonese
must obtain an exit visa in order to leave Gabon and often
experience difficulties when trying to reenter the country.
Illegal aliens face the harshest limitations and
mistreatment.  The most egregious example occurred when some
70 or more illegal aliens died of suffocation and dehydration
in prison (see Section l.a.).  The Government instituted a
program of voluntary departure for illegal aliens in
cooperation with resident consular missions, led to a
reduction of abuses.  However, the Minister of Defense has
announced that this program will be discontinued in 1995.
The Government still controls the process of refugee
adjudication, and its policy is strict.  Coordination with the
U.N. High Commissioner for Refugees (UNHCR) has improved,
however, and there were no credible reports that the
Government forcibly repatriated illegal aliens.  There were
about 200 refugees in Gabon at year's end.
Section 3  Respect for Political Rights:  The Right of
           Citizens to Change Their Government
The 1991 Constitution explicitly provides this right, but the
mismanagement and serious irregularities in both the 1990 and
the 1993 presidential elections called into serious doubt the
extent to which this right exists in practice.
In the presidential elections, supporters of various political
factions engaged in illegal activities, such as voter card
trafficking and multiple voting.  The ballot count, under the
control of the Minister of Territorial Administration, took
place in secret, with all impartial observers excluded.  After
the Minister declared that incumbent President Bongo had won
with 51.18 percent of the vote, various individuals presented
strong evidence that two Libreville districts--neighborhoods
known to support the opposition--were left uncounted.  The
Governor of the Estuaire Province, where Libreville is
located, was among those making this allegation.  Shortly
thereafter, she was dismissed from office.  In President
Bongo's home region of Haut Ogoue, the number of ballots cast
in his favor exceeded the population reported by the 1993
census.  Nevertheless, the Constitutional Court ruled against
a petition to annul the results.
Citing organizational problems and an unsettled political
climate, the Government postponed until May the municipal
elections that were scheduled to take place immediately after
the presidential elections.  In May the Government again
postponed these elections until early 1995.
There are no restrictions on the participation of women and
minorities in politics.  There are 6 women among the 120
National Assembly deputies and 3 in the Cabinet.  Women serve
at all levels within the various ministries, the judiciary,
and the opposition.  Despite governmental protections,
indigenous Pygmies rarely participate in the political
process, and the Government has made only marginal efforts to
include them (see Section 5).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government officially allows the existence of independent
human rights groups.  However, the most vocal and dedicated of
these, the Gabonese League of Human Rights (GLHR), reported
being censured, threatened and intimidated.  GLHR President
Francois Ondo Nze alleged that security authorities followed
him, and that agents of the Presidential Guard had once
attempted to run his car off the road at high speed.  Ondo Nze
(one of the longest serving members of the Gabonese Bar
Association) also reported receiving threatening calls from
military leaders, including the Minister of Defense.  A lawyer
at the GLHR reported receiving anonymous telephone calls
threatening her and her children.
In March alleged political prisoners being held in Oyem hired
Ondo Nze as their legal representative.  Authorities granted
him access to the prisoners at that time, but only in his
capacity as legal counsel.  Shortly afterward, he wrote to the
Minister of Territorial Administration requesting permission
to visit other prisoners and prison facilities in his capacity
as GLHR President.  The Government refused this request in
proceedings to disbar Ondo Nze, alleging that he had defrauded
and overbilled clients.  Nze challenged the move in the
Supreme Court, which in June cleared him of any wrongdoing.
Nonetheless, the Bar suspended Ondo Nze for 1 year, sending
what was generally perceived by other human rights activists
as a threatening signal.
There have been no active inquiries from foreign groups in
recent years.  However, the Government  showed initial
reluctance to accept international election observers who were
not of its own choosing and did not permit independent
observers to witness the counting of ballots.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The 1991 Constitution forbids discrimination based on national
origin, race, gender, or opinion.
     Women
The law provides that women have rights to equal access in
education, business, and investment.  Women own businesses and
property, participate in politics, and currently work
throughout the government and the private sector.  Women
nevertheless continue to face considerable societal and legal
discrimination, especially in rural areas.  For monogamous
married couples, a common property law provides for the equal
distribution of assets after divorce.  Polygyny is also
legally and culturally accepted; however, wives who leave
polygynous husbands incur severe reduction in their property
rights.  In inheritance cases, the husband's family must issue
a written authorization before his widow can inherit
property.  Common law marriage, which is socially accepted and
widely practiced, affords a woman no property rights.  There
is still a requirement in law that women obtain their
husband's permission to travel abroad although it is not
consistently applied.
Violence against women is common and especially prevalent in
rural areas.  While rape has not been specifically identified
as a chronic problem, religious workers and hospital staff
report that physical beatings are common.  Police rarely
intervene in these cases.
     Children
Traditional beliefs and practices provide numerous safeguards
for children, but children remain the responsibility of the
extended family--including aunts, grandmothers, and older
siblings.  The Government has used Gabon's oil wealth to build
schools, pay adequate teacher salaries and promote education,
even in rural areas.  Even so, according to U.N. statistics,
Gabon still lags behind its poorer neighbors in infant
mortality and access to vaccination.  There is growing concern
about the problems facing the large community of expatriate
African children.  Almost all enjoy far less access to
education and health care than do nationals.  Expatriate
children are also victims of child labor abuses (see Section
6.d.).  There is little recorded evidence of specific physical
abuse of children.
     Indigenous People
Several thousand indigenous Pygmies live in southern Gabon.
In principle, they enjoy the same civil rights as other
citizens.  Pygmies are largely independent of formal
authority, keeping their own traditions, independent
communities, and local decision making structures.  Pygmies
did not participate in government-instituted policies that
integrated many small rural villages into larger ones along
major roads; thus their access to government-funded health and
sanitation facilities is limited.  There are no specific
government programs or policies to assist or hinder Pygmies.
     National/Racial/Ethnic Minorities
Persons from all major ethnic groups continued to occupy
prominent positions in Government, the military, and the
private sector.  Credible reports suggest, however, that
ethnic favoritism in hiring and promotion occurs on a fairly
regular basis throughout the public and private sectors.  Near
the end of 1993 as the election drew near, the campaign took
on an increasingly ethnic overtone.  The major opposition
party, the Bucherons, drew most of its support from Gabon's
largest ethnic group, the Fang.  After the elections, many
Fang accused the incoming Government of actively
discriminating against them in naming the members of the new
government and in redistributing government and military
posts.  There was evidence, especially within the armed
forces, that members of the President's ethnic group occupied
a disproportionate number both of senior positions and of jobs
within the ranks.  During the unrest of January and February,
human rights groups alleged that those the Government arrested
were principally of the Fang ethnic group.
     People with Disabilities
There are no laws prohibiting discrimination against persons
with disabilities, nor providing for accessibility for the
disabled.  Various groups, both independent and associated
with the Government, have initiated projects to assist
handicapped persons.
GABON2
TITLE:  GABON HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The 1991 Constitution places no restrictions on the right of
association and recognizes the right of citizens to form trade
and labor unions.  A Labor Code adopted in 1978 governs all
labor activities.  Unions must register with the Government in
order to be recognized officially.  Public employees may
unionize although their right to strike is limited in areas
pertaining to public safety.  Until 1990 there was only one
recognized labor organization, the Gabonese Labor
Confederation (COSYGA), to which all workers contributed a
mandatory 0.4 percent of their salaries.  In 1992 the
Government accepted the establishment of independent unions
and abolished the mandatory COSYGA contribution.
In May, after lengthy consultations with labor leaders, the
National Assembly passed a long awaited series of revisions to
the 1978 Labor Code.  Six years in the making, these changes
clarify or bring up to date numerous sections of the old
Code.  The previous legislation recognized COSYGA as the only
official labor organization, despite the fact that the
Gabonese Confederation of Free Unions (CGSL) has been
functioning and actively recruiting members for nearly 3
years.  Other provisions of the new Labor Code establish
clearer procedures governing negotiations and strikes, areas
which were vague under the 1978 Code.  At year's end, the
Ministry of Labor had not yet implemented the new Labor Code.
Under current regulations, strikes are legal if they occur
after an 8-day notice advising that outside arbitration has
failed.  The 1978 Labor Code prohibits direct government
action against individual strikers who abide by the
arbitration and notification provisions and also provides that
charges may not be pressed against a group as a whole for
criminal activities committed by individuals.  In 1994,
however, the Government took action against strikers and union
leaders on a number of occasions.  In February, following the
devaluation of the CFA franc, COSYGA called a general strike
aimed at forcing the Government to negotiate wage
adjustments.  The strike succeeded in stopping work in Port
Gentil, the center of the petroleum sector.  At one point
labor demonstrations became violent.  The Government responded
by arresting COSYGA's Port Gentil representative and two other
union members, holding them for 3 days.  Five days later, CGSL
also called on its members to join the strike.  Opposition
parties rallied along with strikers, and violence broke out in
Libreville and the north.  The Government arrested a number of
persons, including union members, detaining many for up to 2
months without charge (see Sections l.a., l.c. and l.f.).  In
March the leader of Libreville's postal and telecommunications
union was dismissed, ostensibly for political and labor
activities.
Unions and confederations are free to affiliate with
international labor bodies and participate in their
activities.  COSYGA is directly affiliated with the
Organization of African Trade Union Unity, while CGSL is
affiliated with the International Confederation of Free Trade
Unions.  Both COSYGA and CGSL have strong ties with numerous
other international labor organizations.
     b.  The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining.  Labor and
management meet to negotiate differences, and the Ministry of
Labor provides an observer.  This observer does not take an
active part in negotiations over pay scales, working
conditions, or benefits.  Agreements also apply to nonunion
workers.  While no laws specifically prohibit antiunion
discrimination, the court may require employers found guilty
by civil courts of having engaged in such discrimination to
pay compensation.  Unions effectively used collective
bargaining provisions to negotiate wage increases following
the devaluation of the CFA franc.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor.  Despite this, there were
numerous reports of prisoners and detainees--principally
foreigners--being forced to provide unpaid labor.  Security
forces routinely "sweep" the large African neighborhoods to
check residence and identity documents, and at times they even
detain without charge foreigners in possession of valid
paperwork.  Police or gendarmes often hold these persons in
prison overnight and force them to work at government
facilities, on public grounds, or even in the homes of
ministers, military officers, or other members of the
Government.
     d.  Minimum Age for the Employment of Children
Gabonese children below the age of 16 may not work without the
express consent of the Ministries of Labor, Education, and
Public Health.  These ministries rigorously enforce this law,
and there are few Gabonese under the age of 18 working in the
modern wage sector.  A significant number of expatriate
African children work in marketplaces or perform domestic
duties.  The U.N. Children's Fund (UNICEF) and other concerned
organizations have reported that government officials often
privately use foreign child labor, mainly as domestic or
agricultural help.  These children do not go to school, have
little means of acquiring medical attention, and are often
victims of abuse.  Laws forbidding child labor theoretically
extend protection to foreign children as well, but abuses
often are not reported.
     e.  Acceptable Conditions of Work
The 1978 Labor Code and the 1982 General Convention of Labor
govern working conditions and benefits for all sectors and
provide a broad range of protection to workers.  The Code
stipulates a 40-hour workweek with a minimum rest period of
48-consecutive hours.  Employers must compensate workers for
overtime work.  Foreign and local companies in the modern wage
sector pay competitive wages and grant generous fringe
benefits, including maternity leave and 6 weeks of annual paid
vacation.  Despite austerity measures and difficulties in
servicing foreign debt, the Government and the private sector
have generally met their payrolls on time.
Each year representatives of labor, management, and Government
meet to examine economic and labor conditions.  They recommend
a minimum wage rate within government guidelines to the
President, who then issues an annual decree.  Following the 50
percent devaluation of the CFA franc, the Government and most
private sector employers instituted a 14.9 percent wage
increase, the maximum amount allowed under the tentative
agreement reached with international lending institutions.
This increase was not applied to the monthly minimum wage,
which remained approximately $125 (approximately 64,000 CFA).
Inflation following the devaluation caused a significant
decrease in purchasing power.
The Ministry of Health has established occupational health and
safety standards but does not effectively enforce or regulate
them.  Industry application of labor standards varies greatly
depending upon company policy.  The Government reportedly did
not enforce Labor Code violations in sectors where the bulk of
the labor force is African.  Foreigners, both documented and
undocumented, may be obliged to work under substandard
conditions, may be dismissed without notice or recourse or,
especially in the case of illegal aliens, be physically
mistreated.  Employers frequently require longer hours of work
and pay less, often hiring on a short-term, casual basis only
in order to avoid paying taxes, social security, and other
benefits.
THE_GAMB1
`[`[TITLE:  THE GAMBIA HUMAN RIGHTS PRACTICES
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                         THE GAMBIA
On July 22, the Gambia National Army (GNA) deposed by coup
d'etat the democratically elected Government and dismissed the
democratically elected Parliament.  The four GNA lieutenants
who planned and led the coup proclaimed themselves the Armed
Forces Provisional Ruling Council (AFPRC) under the
chairmanship of Lt. Yahya A.J.J. Jammeh, who also became Head
of State.
The GNA and the police report to the Ministers of Defense and
Interior.  The regime integrated the police's tactical support
group (former gendarmerie) into the GNA.  It reassigned, fired,
summarily retired, or detained nearly all senior security
officials after it took power and arrested and detained senior
government officials and members of the press.  It held
detainees incommunicado and did not acknowledge their
detentions.
The Gambia's population of just over 1 million consists largely
of subsistence farmers growing rice, millet, maize, and
groundnuts (peanuts), the country's primary export crop.  The
private sector, led by reexporting, fisheries, horticulture,
and tourism, had begun to flourish, but has been in steep
decline since the July 22 coup.
The elected Government of Sir Dawda Jawara respected and
protected human rights.  The coup leaders committed widespread
and repeated human rights abuses.  The AFPRC detained armed
forces and police personnel without charge; abolished political
parties, political activities, and political publications;
intimidated the press; dissolved local governments; and revoked
rights to travel and transfer funds or assets for senior
officials of the Jawara Government.  It declared its decrees
exempt from legal challenge, and, as noted above, ordered the
arbitrary arrest, firing, and retirement of government
officials and civil service employees loyal to the elected
Government.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
An undetermined number of GNA soldiers died during and
following an attempted countercoup on November 11.  An AFPRC
spokesman announced an estimated 16 total deaths during the
attempt, but specifically named as dead only the 3 purported
ringleaders.  While it was widely rumored that authorities
summarily executed many dissident soldiers, the spokesman
denied that executions had been carried out.  However, the
military leadership did not provide a full accounting of
casualties or information on the disposition of remains.  In
another incident in October, a soldier killed an apparent
curfew violator under circumstances that remain unclear.  The
soldier believed involved was detained but remains unidentified.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
While the AFPRC did not suspend that part of the Constitution
that prohibits torture and other cruel, inhuman, or degrading
punishment, it ignored these provisions in regard to former
ministers and military and police detainees.
Credible reporting indicates that three military and police
detainees were beaten unconscious at Mile 2 Prison in the
presence of four members of the AFPRC in early September.
The regime held former ministers of the Jawara Government under
house arrest for 2 months after the coup, subjected them to
lengthy interrogation, and then confined them at Mile 2 Prison
or the National Intelligence Agency (the former National
Security Service) headquarters for up to several days.  It
released former ministers from house arrest in September, but
rearrested and detained 10 former ministers in early November.
Police physically mistreated one former minister after
arresting him.
Prison conditions were austere but improving before the July 22
coup.  While no deaths in prison were reported during the year,
no other information was available on postcoup conditions for
the general prison populations at Mile 2 Prison and two other
confinement facilities.  The AFPRC assigned military guards to
augment the corrections staff at Mile 2 Prison following the
coup, and there were credible reports of malnourishment,
illness, and beatings of military and security detainees.
Women are not targeted for abuse while in custody.
The International Committee of the Red Cross (ICRC) was able to
visit 32 detainees in two places of detention.  Most of the
detainees are soldiers and police arrested immediately after
the July 22 coup.  Others are members of the military seized
after the abortive putsch of November 11.
     d.  Arbitrary Arrest, Detention, or Exile
Before the July coup, there were well-developed constitutional
and legal procedures governing arrest, detention, and trial.
After the coup, the regime frequently  and arbitrarily arrested
military and police personnel, civil servants, parastatal
staff, and media representatives.  An AFPRC decree authorizes
detention of military or police officers for 6 months without
charge.  The same decree permits indefinite detention after
review by a special tribunal.  Following the coup, the
authorities acknowledged that they held approximately 30
military and police detainees, although the total number is
believed to be higher.  They released 16 detainees in November,
but did not release or bring to trial the remaining military
and police detainees.  The regime subjected prominent civilians
in and out of government to lengthy surprise interrogations in
uncomfortable circumstances, often lasting overnight, and
detained some officials for extended periods.
The authorities generally did not permit families, reporters,
or other private citizens to visit military and police
detainees.  They did occasionally permit exceptional visits by
detainees' wives after direct petitions to the vice chairman of
the AFPRC.
In the aftermath of the November 11 counter-coup attempt, the
AFPRC ordered new arrests and detentions.  In December, it
acknowledged holding 32 detainees, including 16 GNA and police
personnel remaining in detention from the July 22 coup, 13
persons detained after the November 11 attempted countercoup,
and 3 others detained for crimes they were alleged to have
committed while impersonating GNA officers.
The AFPRC has not resorted to exiling opponents.  However,
three senior officials of the former government--President
Jawara, Vice President Sabally, and Secretary General
Janha--remain outside The Gambia under explicit threat of
arrest and detention if they return.  Other officials who were
outside the country at the time of the coup are at similar risk.
     e.  Denial of Fair Public Trial
The AFPRC claimed that judicial provisions of the Constitution
remained in effect, but it exempted its own decrees from court
challenge and flagrantly ignored due process rights with
respect to arrest, detention, and trial.  A tribunal consisting
of a lawyer, a police officer, and a private citizen were, at
year's end, reviewing cases of military detainees.  However,
tribunal action is advisory only, and the AFPRC may order
indefinite detention of military and police officers following
the tribunal's review.
The AFPRC appointed commissions to investigate individuals
suspected of corruption.  These commissions have powers similar
to a grand jury, including authority to imprison and fine for
contempt, and to imprison or demand bond from individuals
considered likely to abscond.  Although modalities are not yet
clear, findings of the commission are intended to lead to
prosecution of appropriate cases in civil court.
Although the Constitution provides for an independent
judiciary, the courts traditionally were responsive to
executive branch pressure.  The courts' slow prosecution of
debt recovery cases under the Assets Management and Recovery
Corporation Act was cited by the AFPRC as evidence of
corruption under the Jawara Government.  Cases of interest to
the AFPRC moved quickly following the coup, whereas AFPRC
intervention impeded prosecution of two cases involving
individuals in the AFPRC's favor.
The judicial system remains structurally intact and recognizes
customary, Shari'a, and general law.  Customary law covers
marriage and divorce for non-Muslims, inheritance, land tenure,
tribal and clan leadership, and all other traditional and
social relations.  Shari'a law is observed primarily in Muslim
marriage and divorce matters.  General law, following the
English model, applies to felonies, misdemeanors in urban
areas, and the formal business sector.  Trials are public, and
defendants have the right to an attorney at their own cost.
Most prisoners detained under the AFPRC's anticorruption
campaign or for security reasons are political prisoners.
Along with the military and police personnel in long-term
detention, authorities detained up to 30 additional persons for
shorter periods, usually 4 days or less.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although constitutional safeguards against arbitrary search
remain in place, AFPRC priorities in security matters and
corruption investigations override these safeguards.  Police
seized private documents and property without due process and
placed armed guards at homes and other properties suspected of
having been acquired with embezzled or misappropriated funds.
The AFPRC froze accounts of persons under suspicion and
prohibited by decree the transfer of their property.  It denied
persons under house arrest access to international telephone
service.  Police must generally have court orders to conduct
searches related to crimes unless the individual concerned
agrees or it is deemed to involve an urgent matter of national
interest.  The Government has not generally intruded in family
matters, and this has remained true under the AFPRC.  Security
officials are believed to monitor telephone communications.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The AFPRC significantly restricted these freedoms.  An AFPRC
decree prohibits political activities of all kinds, including
possession and distribution of political literature or engaging
in political discourse by any other means.  Two senior staff of
the People's Democratic Organization for Democracy,
Independence, and Socialism (PDOIS) were convicted of political
activities and possession of the party's newspaper, Foroyaa
(Freedom), following promulgation of the decree.  The two
defendants were required to pay court costs and placed on
probation for the life of the decree.  Conditions of probation
included adherence to the decree and avoidance of activity that
would be deleterious to public order.  If a probationer
violates these conditions, authorities impose a prison sentence
of 3 years.
The AFPRC used summary arrest, interrogation, detention,
beating, and deportation to intimidate and silence journalists
who published articles deemed inaccurate or sensitive.  Banjul
Daily Observer editor and publisher Kenneth Y. Best, a Liberian
national, was deported on October 30 following a series of
interrogations and detentions prompted by news stories the
AFPRC considered excessively critical.  All Gambian newspapers
exercised self-censorship.  English, French, and other foreign
newspapers and magazines are available.
There is no television in The Gambia, although the country
receives Senegalese broadcasts.  Private consumers also use
satellite systems but these remain rare.  The one government
and two private radio stations normally did not reach listeners
in the eastern part of the country.  Private radio stations
simulcast news provided by Radio Gambia, the government
station.  Senegalese and international radio broadcasts attract
wide audiences.  There is no university in The Gambia.
     b.  Freedom of Peaceful Assembly and Association
The AFPRC decree bans political meetings of any kind and
political organizations.  Other kinds of assembly are open to
the public require police permits.  Prior to the coup, police
routinely granted permits.
     c.  Freedom of Religion
Adherents of all faiths are free to worship without government
restriction.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Freedom of movement for ordinary citizens remained unimpeded,
but the authorities prohibited those under investigation for
corruption or security charges from leaving the country.
The Gambia continues to host approximately 2,000 Senegalese
refugees, and the AFPRC continued to work with the office of
the United Nations High Commissioner for Refugees (UNHCR), the
Gambian Red Cross, and other organizations in dealing with
refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government
through peaceful means.  The AFPRC exercises total power.  The
first decree issued by the AFPRC suspended legislative and
executive sections of the Constitution, including provisions
for Parliament and elections.  AFPRC Chairman Jammeh repeatedly
stated that Western democracy is inappropriate for The Gambia.
Four ministers of the 13 in the AFPRC Executive Council
(cabinet) are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The AFPRC indicated that international human rights concerns
are not appropriate for those suspected of corruption or
involvement in subversion, since they are considered
criminals.  However, the AFPRC granted the ICRC unsupervised
access to military and police detainees for one visit in
November.  Human rights advocates, including representatives of
the African Centre for Democracy and Human Rights Studies and
the International Commission of Jurists, attempted to open a
dialog but were largely ignored by the AFPRC.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
There is no officially sanctioned discrimination based on race,
sex, religion, disability, language, or social status.
     Women
Although four women were appointed to the Executive Council,
women face extensive discrimination in education and
employment.  AFPRC chairman Jammeh criticized women's rights
advocates, asserting that their advocacy promoted divisiveness.
Females constitute about one-third of primary school students
and roughly one-fourth of the high school enrollment.
Employment in the formal sector is open to women at the same
salary rates as men.  No statutory discrimination exists in
other kinds of employment, although women are generally
employed in endeavors such as food vending or subsistence
farming.  Shari'a law is usually applied in divorce and
inheritance matters.  Marriages are usually arranged, and
polygyny is practiced.  Women normally receive a lower
proportion of assets distributed through inheritance than male
relatives.
Domestic violence, including spouse abuse, is occasionally
reported but is not common.  Police respond when cases are
reported, and prosecute offenders if citizens file complaints.
The media report on cases under trial.
     Children
The care and welfare of children is considered primarily a
family responsibility.  Authorities intervene when cases of
abuse or maltreatment are brought to their attention.
The practice of female genital mutilation (FGM) is widespread
and entrenched.  Up to 60 percent of females may have undergone
this procedure in early youth.  Although found by health
experts to be both physically and psychologically damaging,
rural women strongly support the practice.  In 1993 village
women drove a prominent female FGM opponent from an upcountry
village for speaking against the custom.  The AFPRC has yet to
take a position on FGM.
Young male children in the care of Koranic teachers have
elicited significant concern.  These children, known as
Almudos, are put in the care of Koranic scholars for a period
of Koranic education.  Almudos are expected to beg for their
food and clothing as well as to support their teachers.  The
Ministry of Health and Social Welfare published a report on
Almudos and other street children in June.  The report details
hardships experienced by Almudos and recommends:  legislation
to regulate Koranic education, including a ban on placement of
children with traditional teachers; regional cooperation to
deal with the practice; and establishment of health and
nutritional services for Almudos and other street children.
The AFPRC has not reacted to the report.
     People with Disabilities
There are no statutes or regulations requiring accessibility
for the handicapped.
No legal discrimination against the physically disabled exists
in employment, education, or other state services.  Most
severely handicapped individuals subsist through private
charity.  Less severely handicapped persons are fully accepted
in society and encounter no discrimination in employment for
which they are physically capable.
Section 6  Worker Rights
     a.  The Right of Association
Labor law remains unmodified by the AFPRC regime.  The Labor
Act of 1990 applies to all workers except civil servants.  The
Act specifies that workers are free to form associations,
including trade unions, and provides for their registration
with the Government.  It specifically prohibits police officers
and military personnel, as well as other civil service
employees, from forming unions or striking.
Approximately 20 percent of the work force is employed in the
modern wage sector, where unions are normally active.  Roughly
30,000 workers are claimed as union members, or about 10
percent of the work force.  The Gambian Worker's Confederation
and the Gambian Workers' Union are the two main independent and
competing umbrella organizations.  Both are recognized by the
Government, but relations with the AFPRC were not tested.
The Labor Act of 1990 authorizes strikes but requires that
unions give the Commissioner of Labor 14 days' written notice
before beginning an industrial action (28 days for essential
services).  It prohibits retribution against strikers who
comply with the law regulating strikes.  Upon application by an
employer to the Supreme Court, the Court may prohibit
industrial action that is ruled to be in pursuit of a political
objective.  The Court may also forbid action judged to be in
breach of a collectively agreed procedure for settlement of
industrial disputes.
Because of these provisions and the weakness of unions, few
strikes occur.  Strike action was largely limited to a series
of slowdowns and wildcat strikes by sanitation workers in
greater Banjul to protest unpaid wages.  These were interrupted
by the July 22 coup did not resume.
Unions may affiliate internationally, and there are no
restrictions on union members' participation in international
labor activities.  The Gambia is not a member of the
International Labor Organization.
     b.  The Right to Organize and Bargain Collectively
The Labor Act of 1990 allows workers to organize and bargain
collectively.  Although trade unions are small and fragmented,
collective bargaining does take place.  Each recognized union
has guidelines for its activities specified by the appropriate
industrial council established and empowered by the Labor Act.
Union members' wages exceed legal minimums and are determined
by collective bargaining, arbitration, or market forces.  The
Labor Department registers agreements reached between unions
and management after insuring that the agreements are in
compliance with labor law.  No denial of registration has been
reported.  The 1990 Act also sets minimum contract standards
for hiring, training, terms of employment, wages, and
termination of employment.  The Act provides that contracts may
not prohibit union membership.  Employers may not fire or
discriminate against members of registered unions engaged in
legal union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Criminal Code prohibits compulsory labor, and it is not
practiced.
     d.  Minimum Age for Employment of Children
The statutory minimum age for employment is 18.  There is no
compulsory education, and because of limited secondary school
openings most children complete formal education by age 14 and
then begin work.  Employee labor cards, which include a
person's age, are registered with the Labor Commissioner, but
enforcement inspections rarely take place.  Child labor
protection does not extend to youth performing customary chores
on family farms or engaged in petty trading.
     e.  Acceptable Conditions of Work
Minimum wages and working hours are established by law through
six joint industrial councils--Commerce, Artisans, Transport,
Port Operations, Agriculture, and Fisheries.  Labor,
management, and government are represented on these councils.
The lowest minimum wage is $0.94 (9 Dalasi) per day for
unskilled labor.  This minimum wage is not adequate to sustain
a suitable standard of living for a worker and family.  Only 20
percent of the labor force--those in the formal economic
sector--are covered by the minimum wage law.  The majority of
workers are privately or self-employed, often in agriculture.
Most Gambians do not live on a single worker's earnings but
share resources within extended families.
The basic legal workweek is 48 hours within a period not to
exceed 6 consecutive days.  A half-hour lunch break is
mandated.  In the private sector, the workweek includes four
8-hour workdays and 2 half-days (Friday and Saturday).
Government employees are entitled to 1 month's paid annual
leave after 1 year of service.  Private sector employees
receive between 14 and 30 days of paid annual leave, depending
on length of service.
The Labor Act specifies safety equipment that an employer must
provide to employees working in designated occupations.  The
Factory Act authorizes the Ministry of Labor to regulate
factory health and safety, accident prevention, and dangerous
trades and to appoint inspectors to ensure compliance with
safety standards.  Enforcement is spotty owing to insufficient
and inadequately trained staff.  Workers may refuse to work in
dangerous situations and may demand protective equipment and
clothing for hazardous workplaces.
GEORGIA1
dTITLE:  GEOGIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            GEORGIA
Georgia declared independence from the Soviet Union in 1991.
Following multiparty parliamentary elections in 1992,
Parliament chose Eduard Shevardnadze as its Chairman in an
uncontested election and named him Head of State.  The Head of
State appoints the Prime Minister and the members of the
Council of Ministers (Cabinet) who, with other executive
officials, report to him.
At the end of 1993, Georgia agreed to a U.N.-brokered cease-
fire with Abkhazian separatists, who had forcibly taken control
of the entire Autonomous Republic of Abkhazia in 1993.  In
April Abkhazian, Georgian, Russian, and United Nations
representatives signed an agreement on the resettlement of
internally displaced persons (IDP's); a peacekeeping force,
drawn nominally from the Commonwealth of Independent States
(CIS) but comprised entirely of Russian forces, was deployed
along the Inguri River which separates Abkhazia from the rest
of Georgia.  The role of the UNOMIG (United Nations Observer
Mission in Georgia), already deployed in Georgia, was enlarged
to include monitoring the actions of the peacekeeping force.
Abkhazia declared its independence from Georgia in November.
Attempts to reform the police, security services, armed forces,
and paramilitary forces were only partly successful in 1994.
The Government's anticrime campaign reduced much of the random
violent crime in Tbilisi, the capital, and curbed some of the
abuses committed by these forces.  However, corruption on the
part of law enforcement officials and police brutality are
pervasive.  Police routinely beat and otherwise mistreated
detainees during pretrial detention.
Internal conflicts and the disruption of trade links with other
republics of the former Soviet Union have left Georgia's
economy in ruins.  Dependent on imported fuels for which the
Government could not pay, Georgia has endured an acute energy
crisis, including the complete stoppage of natural gas
deliveries from Turkmenistan between mid-November and early
December.  Water, electricity, and natural gas are frequently
unavailable, even in Tbilisi, the capital.  With industry
functioning at 20 percent of capacity and inflation as high as
50 percent per month, the standard of living of the population
dropped further, making the country dependent on humanitarian
grain shipments from abroad.
A further burden on the Government's limited resources is the
contribution by the Government to the 250,000 people displaced
from Abkhazia and a lesser number from South Ossetia.  The
refugees and IDP's are housed at government expense in
reassigned public buildings and receive small support
stipends.  Surveys undertaken jointly by nongovernmental
organizations and the Government indicated that the displaced
and refugees were satisfied with the level of financial
support, although they remain critical of slow progress in
repatriation efforts.  CIS peacekeepers were unable to create a
safe environment in Abkhazia for the return of IDP's, stating
that police functions were not part of their mandate.  The
Abkhazian authorities allowed only a few hundred ethnic
Georgians to return and, just prior to the first resettlements,
razed 4 Georgian villages, killing 20 persons, after unknown
assailants had killed 4 Abkhazian police.  Abkhazian
authorities called for ethnically cleansing Abkhazia of all
Georgians by September 27 and were credibly reported to have
tortured, raped, killed, expelled, and imprisoned hundreds of
Georgians and other non-Abkhaz.
In South Ossetia, a 2-year-old cease-fire, monitored by CIS
peacekeepers and the Conference on Security and Cooperation in
Europe (CSCE), partially succeeded in curbing human rights
abuses in that region.
Human rights abuses continued in the rest of Georgia, including
apparent extrajudicial killings, hostage-taking or kidnaping,
police beatings of detainees and demonstrators, arbitrary
detention, denial of fair public trial, and arbitrary
interference with privacy and home.  There were no known
summary executions in 1994, although the state of emergency
decree that permitted the practice was not lifted until
October.  Freedom of speech, press, assembly, and association
were significantly less restricted, although some instances of
abuse still occurred.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In the fall of 1993, during the state of emergency, the
Minister of Internal Affairs reportedly personally shot and
killed at least one of nine youths in Zugdidi who were accused
of looting.  The Minister appears so far to have evaded
repeated calls for an investigation into his role in the
summary executions which occurred in Zugdidi in 1993.
It is often difficult to distinguish between criminal activity
and political killings.  For example, the assassination of the
Deputy Minister of Internal Affairs in March, in which
individual police officers were implicated, appears to have
been the work of mafia elements.  The bombing of the Armenian
Theater in Tbilisi in June, which resulted in one death, may
have been the work of Azerbaijani sympathizers as an outgrowth
of the Nagorno-Karabakh conflict.  The attempted bombing of a
Moscow-bound passenger plane carrying a former Georgian defense
minister, who is also a crime world figure, may have been
either politically motivated or the work of criminal elements.
The paramilitary organization Mkhedrioni, also called the
Georgia Rescue Corps, remains actively involved in widespread
criminal activity.  Since several small factions feud among
themselves, it is unclear whether recent assassinations of
Mkhedrioni members were the result of factional disputes,
vendettas, or political motivation.
The State Committee on Human Rights and Interethnic Relations
(SCHR), in a report issued in 1994, claimed that 50 detainees
died, and many others required hospitalization, while being
incarcerated at the Tbilisi interrogation cell in 1993.
The head of the Abkhazian parliament reportedly has claimed
that the Abkhazian authorities have made good-faith attempts to
bring to trial 40 people associated with political killings and
other atrocities carried out against Georgian civilians during
the war.  However, independent observers have not verified that
claim.
     b.  Disappearance
The fate of many Georgians and Abkhaz who have disappeared
since 1992 as a result of the Abkhazian conflict is still
unknown.  Over 1,000 Georgians are still reported missing,
according to the SCHR, which maintains a current list.  Some
are thought to have been executed, and rumors persist that the
Abkhaz are holding others in secret forced labor camps within
Abkhazia.
Amnesty International appealed to the Government in 1994 to
investigate the status of seven ethnic Abkhaz who reportedly
were detained by government forces in Sukhumi in October 1992.
Amnesty International listed these persons as "disappeared."
The Government considers these individuals missing but reported
that it had no information about their alleged detention and,
without access to Abkhazia, asserted it was unable to
investigate the matter.
Among the many persons who disappeared during the Abkhazian
conflict are 46 Georgians whom Abkhazian forces, according to
the Government, seized in September 1993 in Sukhumi, along with
the former chairman of the council of ministers of Abkhazia.
The Abkhaz executed the former chairman, despite Russian
assurances of safe conduct out of the region, but the fate of
27 of his staff members and 19 soldiers is unknown.  The
Government has repeatedly appealed to international human
rights groups to investigate this case.
The 1994 SCHR report charged that peacekeeping contingents in
South Ossetia engaged in hostage-taking in 1993.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
High government officials admit that law enforcement personnel
routinely beat detainees.  Officials often resort to physical
and psychological abuse to extract information and
confessions.  Most of the abuse reportedly occurs during
pretrial detention.
Physical abuse also occurs, though apparently less frequently,
during the trial period of a criminal defendant's
incarceration.  The press reported that Viktor Domukhovski,
1 of 19 defendants in a well-known trial of alleged terrorists,
claimed that prison officials beat him for refusing to
relinquish his diary (see Section 1.e.).  Domukhovski's wife
reported that he was again beaten on December 11, this time by
fellow prisoners, but with the complicity of at least one
prison official.
Nongovernmental human rights groups reported significantly
fewer abuses by the Georgian security services during 1994.  In
some instances, however, the security services reportedly
resorted to threatening, intimidating tactics during
interrogations.
In general, prison conditions deteriorated parallel with the
economic situation.  Prison officials could not provide
adequate food and medicines for inmates, who in turn relied on
their families and friends to supplement the meager supplies.
Prison infirmaries lacked medicine to treat diseases like
tuberculosis and dysentery, which are prevalent in the
prisons.  The International Committee of the Red Cross (ICRC)
was permitted visitation rights to all regular prisoners but
was not allowed unrestricted access to the extradited former
military commander, Lote Kobalia, who served under deposed
Prime Minister Zviad Gamsakhurdia and was being held virtually
incommunicado by the security service.
The SCHR reported that prisons were overcrowded, with 12 to 15
inmates frequently sharing cells designed for 3 to 4 persons
and with 2 persons sharing individual bunks.  Interrogation
cells are extremely cramped and unsanitary, and prisoners are
not protected from violence and brutal treatment.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Government nullified relevant Soviet-era
legislation, Parliament still had not finished drafting new
laws governing arrest and detention procedures.  While some law
enforcement officials continued to abide by Soviet-era law, the
consequent legal vacuum opened the door to significant abuse.
Under the former Soviet-era law, prosecutors issued warrants
for arrests and searches.  Persons caught in the act of
committing a crime could be legally arrested without a warrant
and be detained for up to 72 hours.  After this time, police
were required to request and receive permission from the
prosecutor for continued detention.  The law requires the
prosecutor to file charges within 72 hours, but criminal
suspects are often held in pretrial detention for over a year
before prosecutors file formal charges against them.
A detainee has the right to demand immediate access to a lawyer
and to refuse to make a statement in the absence of counsel.
The detaining officer must inform the detainee of these rights
and must notify the detainee's family of his location as soon
as possible.  A suspect has the right to demand the presence of
counsel during all questioning.  The presence of an attorney is
mandatory during the interrogation of a minor or of an
individual accused of a capital crime.  The presence of a
teacher or a parent is also obligatory during questioning of a
minor.  However, these rights are frequently violated.
Police may administratively detain a person without a warrant
for several violations, including participating in an illegal
demonstration, but a senior Internal Affairs Ministry official
or an administrative judge must approve the detention within
3 hours.  A judge, who may sentence the defendant for up to 15
days' imprisonment, must then decide the case within 24 hours.
Authorities frequently ignore these legal requirements.
In mid-September, Abkhazian authorities arrested and detained
nine ethnic Georgians fishing off the Abkhazian coast, claiming
that the detainees were fishing in Abkhazian territorial
waters.  Although the Abkhazian authorities want to exchange
the nine for all Abkhaz currently being held in Georgian
prisons, the Government maintains that all Abkhazian prisoners
were transferred to Russian prisons 2 years ago.  A few Abkhaz,
however, may have been imprisoned since the war in western
Georgia.
The SCHR reportedly successfully negotiated a prisoner swap
with Abkhazian authorities in October.  Abkhazian authorities
released a Georgian held since 1991 in exchange for several
ethnic Abkhaz who had previously been transferred to Russian
prisons.
There were no exiles.
     e.  Denial of Fair Public Trial
Continuing political instability and legislative disarray
stymied any serious attempts at effecting the rule of law in
Georgia.  The criminal justice system is governed by a welter
of conflicting laws from Georgia's brief period of pre-Soviet
independence, the Soviet era, the Gamsakhurdia presidency (1990
to January 1992), and the current State Council period, which
result in uneven and haphazard justice.
Courts of general jurisdiction are undifferentiated as to
function; judges may hear criminal, civil, and juvenile cases.
All courts may act as the court of first instance depending on
the nature and seriousness of the crime, and there are no clear
rules to determine which court first hears a case.
Prosecutors, ultimately responsible to the Procurator General
who is appointed by Parliament, are more powerful than either
judges or defense attorneys.  Prosecutors direct all criminal
investigations conducted by the Internal Affairs Ministry,
exercise certain supervisory rights over the judiciary's
functions, and can request that the Supreme Court review one of
its own decisions.  In contrast, the judiciary has little
influence over prosecutors.  Such a system leaves the judiciary
vulnerable to political and other forms of persuasion,
particularly at the local level.
The defendant is presumed innocent and by law is supposed to
enjoy various due process rights.  Judges frequently send cases
unlikely to end in convictions back to the prosecutor for
"additional investigation."  Such cases may then be dropped or
closed, occasionally without informing the court or the
defendant.
In practice, fair public trials are the exception rather than
the norm, due largely to the incompetence and corruption of the
judicial branch, which is packed with Soviet-era appointees.
Proceedings are not conducted in an adversarial manner.  Many
judges reportedly accept bribes and take instructions from
powerful individuals both inside and outside the Government.
The trial of 19 people implicated in the 1992 attempted
assassination by car bomb of Mkhedrioni leader Jaba Joseliani
which killed 5 people, including a child, provides the most
striking examples of the denial of due process.  Authorities
refused to provide legal counsel to one of the defendants,
Zurab Bardzimashvili, for several months following his arrest.
Following the appointment of an attorney not of his choosing,
in April they denied his request to change counsel.  When he
suffered an apparent heart attack on August 4, the court did
not immediately permit him to be taken to a hospital.
Defendant Zaza Tsiklauri was also denied counsel of his
choosing and was assigned the same attorney as Bardzimashvili.
This attorney was threatened with disbarment after she
complained of being assigned against the defendants' wishes.
The judge repeatedly denied the requests of defense attorneys
for Tsiklauri and Gedevan Gelbakhiaini to allow their clients
full access to the documents in the case.
There are no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Intelligence agencies, including both Georgian and Russian
services, are credibly reported to monitor private telephone
conversations.  Prior to his assassination, Gia Chanturia, the
head of the National Democratic Party, complained publicly that
his office was electronically monitored.
Both paramilitary and law enforcement representatives enter
homes without legal sanction.  However, most Soviet-era forms
of interference diminished.
Telephone communications with Abkhazia and South Ossetia are
almost impossible because local authorities exercise control
over them.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Internal conflict abated in Georgia during 1994.  Cease-fires
are in place in Abkhazia and South Ossetia, and the Government
has reestablished tenuous control over the western region of
the country.  However, in Abkhazia and the cease-fire zone
around Gali, Abkhaz committed egregious human rights abuses
against the remaining Georgians despite the presence of Russian
peacekeepers.  Armed indigenous guerrillas in the so-called
Svanetian-Georgian region of Abkhazia and renegade Georgians in
the Gali region also committed abuses sporadically.  Confirmed
evidence of human rights violations is difficult to obtain
because of the lack of access to the region and the fear of
reprisal among the victims.
Abkhazian separatists reportedly executed as many as 800
Georgians and other non-Abkhaz who remained in the Gali region
of Abkhazia.  From January through April, the following
executions reportedly took place:  32 in Ganathleba; 40 in
Gudara; 11 in Muhuri; 14 in Muhurchi; 9 in Tsarchushi; 55 in
Okami; 16 in Perveli Gali; and 17 in Nabakevi.  The Abkhaz
police reportedly shot some victims.  They also allegedly
tortured some victims before burning them to death.  Rape,
which often took place in front of the victim's family, was so
common that there were no attempts to keep statistics.  Many of
those executed allegedly were the elderly and women.
Abkhazian police officers on November 15 seized an elderly
ethnic Mingrelian man in Kokhoria, attached wires to the man's
legs, and doused him with diesel fuel.  They then attached the
wires to a battery and repeatedly shocked the man.  The man's
relatives found him alive but unconscious.  They alerted the
police commander, who beat and arrested the officers
responsible.
Despite international law which provides that IDP's have the
right to free, safe, and dignified return to their homes, the
250,000 Georgians who fled Abkhazia during the 1993 ethnic
cleansing campaign were officially allowed to begin returning
only in October.  By year's end, fewer than 300 had returned.
Unofficially, several thousand IDP's spontaneously returned,
but only at great personal risk.  Until the Russian
peacekeeping operation took over in mid-November, Abkhazian
forces were in charge of providing security in the Gali
security zone.  Days prior to the first official return of
IDP's in October, 200 Abkhazian police, reportedly in the
presence of the Abkhazian minister of the interior, razed
4 Georgian villages in the Gali area, killing 20 persons, after
unknown assailants killed 4 Abkhazian police officers.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
In practice, freedom of the press in 1994 was almost
universal.  The authorities did not attempt to reimpose
censorship of the antigovernment press.  Virtually all
newspapers that had been closed in the past reopened, some
under new names.
Opposition leaders also obtained uncensored access to
television and radio broadcast time, although they frequently
complained that they did not receive enough air time.  Adjarian
parliament chairman Aslan Abashidze accused the Georgian
Government of denying Adjar television 10 minutes a day to
broadcast on Georgian television.  However, the energy crisis,
damage from a fire in October at the Tbilisi radio and
television tower, and paper shortages limited all media.
Journalists covering demonstrations were subject to police
beatings through most of the year, as well as to harassment by
political forces opposing their views.  On average, police beat
one or two journalists per month, including a local Reuters
reporter on June 14 and another journalist during the October
visit of the U.N. Secretary General.
     b.  Freedom of Peaceful Assembly and Association
The Government was more tolerant of antigovernment
demonstrations during 1994 than in previous years.  However,
law enforcement troops continued to disperse unsanctioned
rallies, sometimes forcibly.  In practice, the Government
allowed demonstrations anywhere except along the main
thoroughfare, Rustaveli Avenue, provided the organizers
requested permission in advance.  Opposition groups apparently
did not always seek permission and then complained that police
harassed them while dispersing unsanctioned rallies.
Frequently, the Government preemptively deployed special police
(OMON) units, whose chilling presence intimidated would-be
demonstrators.
On frequent occasions, police briefly detained opposition
leaders who organized unsanctioned demonstrations.  On July 9,
police and OMON units forcibly broke up a demonstration
organized by several opposition parties, and police detained at
least one of the radical opposition leaders.
     c.  Freedom of Religion
The Government took no actions to restrict freedom of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The old Soviet system of registering residency still remains in
place, although enforcement is uneven.  Both foreign and
internal travel, as well as emigration, are unrestricted.
There are, however, practical problems with travel in the areas
of former conflict (see Section 1.g.).
Citizens generally enjoy the right to return, but there is
continuing controversy over the desire of former, primarily
Muslim,residents of the Mskheti region, deported from Georgia
by Stalin in 1944 to return to that area.  Approximately
270,000 Mskhetians now living in Russia, Azerbaijan, Ukraine,
Kazakhstan, and other parts of Central Asia face significant
popular opposition to their return.  The Cabinet issued a
decree on August 23 that would permit the Mskhetians to return;
Parliament, however, has not yet passed the legislation to
implement it.  In November, 150 Mskhetians attempted to return
via Tskhinvali in South Ossetia, but Russian peacekeepers and
Georgian police reportedly stopped them.  However, the
Government has established a repatriation service, which
currently subsidizes the study of 100 young Mskhetians in
Georgia.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The 225-member Parliament and its chairman, Eduard
Shevardnadze, were elected in nationwide, multiparty elections
in 1992, which international observers judged to be generally
free and fair despite widespread technical violations.
Parliament is drafting a new election law to govern the next
elections, scheduled for October 1995.
In the Adjar Autonomous Republic, Aslan Abashidze was elected
chairman of the Supreme Council in free and fair elections in
1991.  The next parliamentary elections are scheduled for
October 1995.
Women and minorities are less well represented in Parliament
than they were during the Soviet or Gamsakhurdia eras.  The
participation of women in politics is generally limited, partly
as a result of longstanding cultural traditions and partly as a
backlash to the Gamsakhurdia era, when women were perceived to
be among the ex-president's most ardent supporters.  There are
only 11 women deputies in the Parliament, and there are no
women serving in ministerial posts.  The lack of support for
minority candidates may reflect some resonance for
Gamsakhurdia's proethnic Georgian policies and the resulting
conflicts.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not prevent nongovernmental organizations
from investigating human rights violations.  There are several
organizations which profess to be human rights monitors, but
they often are composed of political opponents of the current
Government and have largely political, rather than human
rights, agendas.  The members of the All-Georgian Association
of Human Rights, the Helsinki Union of Georgia, and the
Historical Justice League predominantly were supporters of
former president Gamsakhurdia.
In October President Shevardnadze issued a decree that charged
the SCHR with inspecting the conditions of detainees and
inmates, offering written appeals to the appropriate officials
to eliminate such abuses, and inspecting the conditions of
detainees and prisoners.  It issued a report on human rights in
Georgia, highlighting a variety of abuses cited above.
The Government cooperates with international human rights
organizations.  It assisted Human Rights Watch/Helsinki in
visiting 19 persons on trial for terrorism and other crimes
(see Section 1.e.) who claimed their human rights were
violated, as well as in other investigations.  However, no
organization has yet obtained access to Lote Kobalia (see
GEORGIA2
TITLE:  GEOGIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 1.c.).
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
There are no legal or constitutional prohibitions against
discrimination.
     Women
Government concern, as well as the concern of society at large,
about discrimination against women is limited.  Although in
1994 Georgia signed the Convention on the Elimination of All
Forms of Discrimination Against Women, there is no distinct
women's movement, nor are there academic programs in women's
studies.  The dominant stereotype that the majority of
Gamsakhurdia's supporters were somewhat irrational women has
significantly weakened women's involvement in politics (see
Section 3).
Women's access to education resources is unimpeded, but women
are found mostly in so-called traditional occupations, such as
the arts, languages, and social sciences.  Careers that involve
technical skills, applied sciences, or supposedly "more
complex" reasoning are heavily male-dominated.  Women's labor
is generally low paid and, often, part-time, although
government positions reportedly are paid on an equal basis.  In
a growing trend, women engaged in "cottage industries" are
becoming the primary breadwinners.
Credible statistics on violence against women are difficult to
obtain.  In July the Ministry of Interior stated that, during
the first half of 1994, reports of rape had declined by 10
percent.  Sociologists and domestic specialists claim instances
of rape and domestic violence are rare; however, the lack of
statistics could reflect victims' fear of reporting such crimes
as well as lack of confidence in law enforcement and judicial
organs.
     Children
The economic crisis which continued to grip Georgia in 1994
prevented government expenditures on the welfare of children
adequate to meet their needs.  The severe economic conditions
have resulted in children being left without homes or being
forced to beg.  In September a children's advocacy group was
established, and in 1994 Georgia signed the Convention on the
Rights of the Child.
     National/Racial/Ethnic Minorities
Neither the 1921 Constitution, supposedly reinstated in 1992,
nor Georgian legislation contains antidiscrimination
provisions.  With the exception of the situation in the former
conflict zones, the Government generally respects the rights of
ethnic minorities, although information on areas outside the
capital is scarce, and some ethnic Azeris from southern Georgia
came to Tbilisi in September to protest against what they claim
is unfair treatment.  Local police and officials sometimes
discriminate against non-Georgians, but the central authorities
usually try to resolve complaints.
The Government provides funds for ethnic schools, and the
teaching of non-Georgian languages is permitted.  In
Azeri-populated areas, where Georgian is not the primary
language, the poor quality of Georgian-language instruction and
the wider availability of Azeri-language schools produce
graduates with limited professional opportunities in Georgia.
     Religious Minorities
Freedom of religion is widely respected in Georgia (see Section
2.c.).  The Patriarch of the Georgian Orthodox Church, however,
is wary of proselytism and has exhibited an intolerant attitude
toward the growing Protestant movement.  The Salvation Army
publicly complained of hostile articles regarding the resident
Salvation Army mission and of the Georgian Orthodox Church's
negative disposition.  The Catholic Church has also complained
of the delay in the return of six churches, closed during the
Soviet era and later given to the Georgian Orthodox Church.
     People with Disabilities
There is no legislative or otherwise mandated provision
requiring accessibility for the disabled.  The law on labor has
a section which includes the provision of numerous special
discounts and favorable social policies for those with
disabilities, especially disabled veterans.
Section 6  Worker Rights
     a.  The Right of Association
The Soviet-era Labor Code still in effect in Georgia allows
workers freely to form unions and associations.  These unions
and associations must register with the Ministry of Justice.  A
single Confederation of Trade Unions, made up of about 30
sectoral unions, is active in Georgia.  Membership in labor
unions has fallen as the economy collapsed and interest in the
labor movement declined.
Strikes are permitted, except during a state of emergency.
Because of the extreme economic crisis, however, there were few
strikes in 1994.
There are no legal prohibitions against affiliation and
participation in international organizations.
     b.  The Right to Organize and Bargain Collectively
The Labor Code allows workers to organize and bargain
collectively, and this right is widely respected.  The Labor
Code also prohibits antiunion discrimination by employers
against union members.  Employers may be prosecuted for
antiunion discrimination and, if found guilty, would be
required to reinstate the employees and pay them back wages.
The Ministry of Labor investigates complaints but is not
sufficiently staffed to conduct effective investigations.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor and
provides for sanctions against violators; violations are rare.
The Ministry of Labor enforces the law.
     d.  Minimum Age for Employment of Children
According to the Labor Code, the minimum age for employment of
children is 14 years.  Children between 14 and 16 years may not
work more than 30 hours per week.  Reportedly, the minimum age
is widely respected.  Because of the Ministry's inadequate
resources, unions themselves are often left to enforce the
minimum age law.
     e.  Acceptable Conditions for Work
A nationally mandated minimum wage applies only to the
government sector.  In December 1994, the Government raised the
minimum wage to about $0.50 (1.5 million coupons) a month.
There is no state-mandated minimum wage for private sector
workers, who are free to bargain for any wage.
The law provides for a 40-hour workweek, including a 24-hour
rest period, although the Government adopted a 35-hour workweek
for the winter period from November 15, 1994, through February
15, 1995.  The energy crisis in mid-November further prompted
the Government to permit government workers at their discretion
to reduce their workweek to 30 hours.
The Labor Code permits higher wages for hazardous work and
permits a worker in such a field to refuse duties that could
endanger his life.  The Government has not addressed further
safeguards for workers.
GERMANY1
qTITLE:  GERMANY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            GERMANY
The Federal Republic of Germany is a constitutional,
parliamentary democracy.  The head of the Federal Government,
the Chancellor, is elected by the lower house of Parliament.
The powers of the Chancellor and of the Parliament are set
forth in the Basic Law (Germany's Constitution).  The 16 states
enjoy significant autonomy, especially as concerns law
enforcement and the courts, education, the environment, and
social assistance.
Law enforcement is primarily a responsibility of state
governments, and the police are organized at the state level.
The jurisdiction of the Federal Criminal Office is limited to
international organized crime, especially narcotics
trafficking, weapons smuggling, and currency counterfeiting.
Police forces are well trained, disciplined, and mindful of
citizens' rights.  However, there were isolated instances of
police abuse of prisoners, particularly foreigners, in several
cities, including Berlin, Hamburg, and Leipzig.
Germany's highly advanced economy affords its residents a high
standard of living.  During 1994 the economic situation in
eastern Germany improved significantly as adjustment to the
market economy quickened.   While there continued to be
substantial numbers of workers in the east who were unemployed,
underemployed, temporarily employed or in training programs, or
retiring early, each of these categories decreased.
Unemployment in the east continued to affect women
disproportionately more than men.  Unemployment in the west
eased notably during the latter half of the year.
The Basic Law provides extensively for the free exercise of
individual rights, and various laws provide recourse against
racial and ethnic intolerance.  The Government enforces these
provisions.  However, violence or harassment directed at
foreigners continued to occur.  Official data show that the
number of violent offenses by rightwing extremists decreased by
over one-third in the first 11 months of 1994 compared with the
same period in 1993.  Rightwing extremist violence, having
risen sharply in 1991 after German unification, peaked in 1992
and has since been declining.  Still, attacks on property or
persons numbered about five times higher in 1994 than in 1989,
and foreigners were the victims somewhat more often than not.
Anti-Semitic incidents increased but remained low in absolute
number.  Most involved graffiti or distribution of anti-Semitic
materials.  Especially notorious was a firebombing which
significantly damaged the Luebeck Synagogue; this was the first
attack on a synagogue in Germany since the end of World War II.
The overwhelming majority of the perpetrators of attacks on
foreigners or anti-Semitic acts were frustrated, apolitical
youths and a small core of neo-Nazis.  All the major political
parties and all the highest officials of the Federal Republic
denounced violence against foreigners and anti-Semitic acts, as
did hundreds of thousands of citizens in public demonstrations.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killing by
agents of the Government.  Police claimed that their shooting
and killing of a 16-year-old Kurd in Hannover, in the course of
arresting him for putting up posters of the banned Kurdish
Workers Party, was accidental; but the family's lawyer insisted
the police were negligent.  Some murders occurred among rival
factions of Iranians, Kurds, Turks, and other foreign
nationals; the federal and state authorities sought to find and
prosecute the perpetrators of such crimes, and pressed charges
in several trials.
     b.  Disappearance
There were no reports of abductions or secret arrests by
governmental or police authorities.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Police in Hamburg, Leipzig, Berlin, and several smaller cities
were accused of mistreating foreigners.  In Hamburg, the state
Interior Minister resigned, and 27 policemen were under
suspension pending further investigation of such charges.
During 1994 as many as 51 Berlin police were suspended; and
courts sentenced one policeman to a 3-year prison term, fined
another, and placed two on probation, for mistreating a
Vietnamese asylum-seeker.  Some foreign residents charged that
Berlin authorities are reluctant to investigate fully such
charges of abuse.
Generally, however, authorities throughout Germany responded
swiftly to accusations of police brutality, and punished
officers found guilty of it.  Berlin's Chief of Police
complained publicly about the overcrowding and other poor
conditions under which rejected asylum-seekers are being held
in detention awaiting deportation (see Section 2.d.).
     d.  Arbitrary Arrest, Detention, or Exile
To make an arrest, police must obtain a judicial warrant.  By
the day after arrest, police must bring the suspect before a
judge and lodge a charge.  The court must then either issue a
warrant stating the grounds for detention or order release.
There is no preventive detention.  If there is evidence that
the suspect might flee the country, police may detain the
suspect for up to 24 hours pending a formal charge   The right
of free access to legal counsel has been restricted only in the
cases of terrorists suspected of having used contacts with
lawyers to continue terrorist activity while in prison.  Only
judges may decide on the validity of any deprivation of
liberty.  Bail exists but is seldom employed; the usual
practice is to release detainees unless there is clear danger
of flight outside the country.  There is no exile.
     e.  Denial of Fair Public Trial
Trials are public.  The Basic Law assures due process and
prohibits double jeopardy.  The judiciary is free of government
interference.  There are no political prisoners.
In the trial of a neo-Nazi leader charged with inciting
violence because of his denial of the Holocaust, the court's
decision provoked widespread criticism for its apparent
sympathy for the accused's ideology.  In explaining why it
handed down only a suspended sentence, the court extolled the
accused's integrity and showed understanding for his
motivations.  The presiding judge was temporarily removed from
his seat "for continuous health problems."
     f.   Arbitrary Interference with Privacy, Family, Home, or
          Correspondence
The Basic Law provides for inviolability of the home, and the
authorities respect these provisions.  Prior to forcibly
entering a home, police must obtain a warrant from a judge or,
in an emergency, a public prosecutor.  For electronic
surveillance of telephone lines or monitoring of mail, police
must obtain a court order.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Basic Law, an independent press, an effective judiciary,
and a functioning democratic political system combine to ensure
freedom of speech and the press.  There is no official
censorship.  However, Nazi propaganda and that of other
proscribed organizations are illegal.  Statements endorsing
Nazism are also illegal.
Newspapers and magazines are privately owned, with some
companies controlling a significant part of the market.  The
major radio and television networks and stations function as
corporations under special public laws; they are governed by
independent boards made up of representatives of churches,
political parties, and other organizations.  Alongside this
system, commercial television and radio have become
increasingly important since the late 1980's.  The former East
German broadcasting outlets have been integrated into an
all-German system.
     b.  Freedom of Peaceful Assembly and Association
The law provides for free exercise of the rights of assembly
and association, and the authorities respect these provisions.
Organizers of demonstrations must first obtain police permits,
and may be asked to pay a deposit to cover repair of any damage
to public facilities.  Permits are routinely granted.  When
demonstrators have not obtained permits, police have exercised
restraint, showing concern primarily for the functioning of
public facilities and for public safety.
The Basic Law permits banning political parties found to be
"fundamentally antidemocratic."  A 1950's ruling by the Federal
Constitutional Court outlawed a neo-Nazi and a Communist
party.  State governments may outlaw only organizations that
are active solely within their state.  If a group's activities
cross state lines, the Federal Government assumes jurisdiction.
Four far-right political groups, not organized as political
parties, were banned in late 1992.  The Kurdish Workers Party
(PKK), along with 35 subsidiary organizations, was banned in
1993.  Also in 1993, the Federal Government asked the
Constitutional Court to ban the far-right Free German Workers'
Party; the Court's decision is still pending.  Several
extremist parties are currently under observation by the Office
for the Protection of the Constitution (BFV, the internal
security service), although such monitoring may not by law
interfere with the organizations' continued activities.  The
BFV reported that 42,000 people belonged to far-right
organizations in 1994, of whom some 5,600 were considered
violence-prone.
     c.  Freedom of Religion
The Government fully supports religious freedom.  Most of the
population belongs to the Catholic or Protestant Churches.
These denominations and the small Jewish community hold a
special legal status as corporate bodies under public law,
giving them, for instance, the right to participate in a
state-administered church tax system.  The Government
subsidizes church-affiliated schools and provides religious
instruction in schools and universities for those belonging to
the Protestant, Catholic, or Jewish faith.
Members of the Church of Scientology continue to complain of
harassment such as being fired from a job or expelled from (or
not permitted to join) a political party.  Scientologists
continued to take such grievances to court.  Musician Chick
Corea, a Scientologist, was permitted to appear in a
government-subsidized concert hall in the state of Hesse only
after an agreement with local officials that he would not
proselytize during his performance.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
German citizens are free to move anywhere within the country,
to travel abroad, to emigrate, and to repatriate, without
restrictions that violate human rights.
For ethnic Germans entering the country, the Basic Law provides
both for citizenship immediately upon application and for legal
residence without restrictions.  Persons not of German
ethnicity may acquire citizenship (and with it the right of
unrestricted residence) if they meet certain requirements,
including legal residence in Germany for at least 10 years (5
if married to a German), renunciation of all other
citizenships, and a basic command of the German language.
Long-term legal residents often opt not to apply; they receive
the same social benefits as do citizens, and after 10 years of
legal residency they are entitled to permanent residency.
Representatives of the Turkish and Roma communities in Germany
have criticized the citizenship policy as unjust and
discriminatory, and have opposed in particular Germany's policy
against dual nationality.
The Basic Law provides for the right of foreign victims of
political persecution to attain asylum in Germany.  However,
since an amendment of the asylum law took effect July 1, 1993,
tightening the criteria for granting asylum, applications have
dropped sharply.  Indications are that applications in 1994
were fewer than in any year since 1989.
Under the tightened criteria, persons coming directly from any
country that German officials designate as a "safe country of
origin" cannot normally claim political asylum, but can request
an administrative review of their applications while in
Germany.  Persons entering Germany via a "safe third
country"--any country in the European Union or adhering to the
Geneva Convention--are also ineligible for asylum.
The legislated changes also limited legal recourse against
denials of asylum applications.  Critics argued that few
countries can assuredly be designated as "safe third countries"
and that the law unjustly fails to allow applicants to rebut
such designations.  While the law permits appeals against
designations of "safe countries of origin," critics protested
that the 48-hour period allotted for hearings is too brief.
Asylum-seekers with applications under review enjoy virtually
the full range of civil rights except the right to vote.  While
less than 5 percent of applicants have attained political
asylum, denial does not automatically result in deportation;
most rejected applicants are allowed to remain in the country
for humanitarian reasons, especially those from the former
Yugoslavia.
However, applicants who have been conclusively denied asylum
are placed in detention pending deportation; and some police
lockups, particularly in Berlin, are overcrowded and/or
otherwise seriously substandard.  Seven asylum-seekers in the
capital were held for several months in cells intended only for
very brief detentions.  To improve conditions for detainees,
Berlin authorities began to use nonprison facilities vacated by
departing U.S. military units, and proceeded with construction
of a new detention center scheduled for completion in 1995.
Deportation became rather more common, however, due not only to
the amended asylum criteria but also to an agreement with
Romania in late 1992 on the return of rejected Romanian
asylum-seekers, primarily Roma.  Under the agreement, Germany
pays all transportation costs and provides financial assistance
to Romania to help reintegrate those returning.
Vietnamese asylum-seekers pose a special problem.  Since the
1993 amendments of the asylum criteria, only 2 percent of
Vietnamese applicants have been granted asylum; but the
Government has been unable to repatriate the rejected
Vietnamese, because Vietnam requires its returning citizens to
hold re-entry visas but has refused to issue such visas to
those in Germany.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Under the Basic Law, the Government is elected on the basis of
universal suffrage and secret balloting.  Members of the
Parliament's lower house, the Bundestag, are elected from a
mixture of direct-constituency and party-list candidates.  The
upper house, the Bundesrat, is composed of delegations from
state governments.  The Basic Law and the state constitutions
stipulate that parties must receive at least 5 percent of the
vote (or 3 directly elected seats in federal elections) in
order to be represented in the federal or state parliaments.
The law entitles women to participate fully in political life,
and a growing number are prominent in the Government and the
parties, but women are still substantially underrepresented in
those ranks.  Slightly over 26 percent of the Federal
Parliament is female, including its President.  Women occupy 3
of 16 cabinet positions.  One state minister president is a
woman.  On the Federal Constitutional Court, 4 of the 16 judges
are women, including the Chief Justice.  All of the parties
have undertaken to enlist more women.  The Greens require that
women comprise half of the party's elected officials.  The
Social Democrats have a 40-percent quota for women on all party
committees and governing bodies.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Private nongovernmental human rights organizations operate
freely in all of Germany, as do international organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits denial of access to shelter, health care, or
education on the basis of race, religion, disability, sex,
ethnic background, political opinion, or citizenship.
     Women
The law generally treats women's rights as equal to men's,
including property and inheritance rights.  Women are beset by
institutional and attitudinal barriers in some traditionally
male fields, but recent court rulings and government programs
have helped break down some of the barriers.  On September 1
the "Second Law on the Implementation of Equal Rights for Women
and Men" took force, mandating that government agencies
establish promotion plans for women, appoint officials for
women's issues, and take various other such measures; it also
provides more stringent sanctions against sexual harassment in
the workplace.
Salaries for women in the private sector tend to be lower than
for men in similar jobs.  The Labor Ministry has acknowledged
that unequal, sex-differentiated pay scales in the private
sector violate the Basic Law's ban on gender-based
discrimination.  Several decisions by the National Labor Court
in recent years have been in favor of women who initiated
litigation to redress pay inequities.  Such inequities are also
thrashed out in collective bargaining between unions and firms.
In 1994 the unemployment rate for women in the eastern states
continued to climb faster than the rate for men.  In that
region women now comprise over two-thirds of all unemployed
workers, and as of midyear (latest data) the rate of
unemployment in the female work force was over 21 percent while
the figure was 10 percent for the male work force.
In 1993 the Federal Constitutional Court declared that abortion
violates the Basic Law's provision regarding right to life.
The Court ruled that first-trimester abortions would not be
prosecutable, provided that the women received counseling
beforehand and that doctors performed the abortion.  It also
ruled that the Government could provide assistance for abortion
only in cases of rape, mortal danger to the mother, or grave
deformation of the fetus.  The ruling struck down 1992
legislation which attempted to reconcile the former East
Germany's liberal abortion laws with the Federal Government's
strict policies.  In 1994 the parties in the Parliament were
unable to agree on an amended law.
Neither the law nor the authorities condone wife beating or
other violence against women.  In recent years the Federal
Ministry for Women and Youth commissioned a number of studies
to gain information on violence against women, sexual
harassment, and other matters.  Police statistics on rape
showed a slight decrease to 5,527 cases in 1993 (latest data)
from 5,568 in the previous year.
     Children
There is no culturally based pattern of abuse of human rights
of children in Germany.  The Government nevertheless recognizes
that violence against children is a problem requiring its
attention.  The Ministry for Women and Youth released data in
August 1993 (latest available) citing 16,442 reported incidents
of sexual abuse and 1,732 reports of other physical abuse of
children in the previous year.  Officials believe that the
numbers of unreported cases may be 10 to 20 times higher.  They
estimate that in about three-fourths of the cases of sexual
abuse against children, the perpetrator is a family member--in
one-third, the child's biological father.
In light of these figures, the Ministry for Women and Youth
pledged to continue a campaign initiated in 1992 to foster
public awareness of the scale of the problem and of its
symptoms.  The Child and Youth Protection Law stresses the need
for preventive measures, and the Ministry has taken account of
this in stepping up its counseling and other assistance.
The German Criminal Code was amended in 1993 to further protect
children against pornography and sexual abuse.  For possession
of child pornography, the maximum sentence is 1 year's
imprisonment; for distribution, 5 years.  The amendment made
sexual abuse of children by German citizens abroad punishable
even if the action is not illegal in the child's own country.
     National/Racial/Ethnic Minorities
Police data show the number of violent offenses by rightwing
extremists decreased by almost one-third in the first half of
1994 compared with the same period in 1993, continuing a
downtrend since 1992.  As in previous years, most of these
offenses (over 56 percent) were directed against foreign
residents, but since 1993 there has been a sharper decline in
xenophobic offenses (such as beatings of foreigners or arson
attacks on asylum homes) than in other kinds of manifestations
of rightwing extremist violence; the number decreased by 29
percent in 1993 and by 53 percent in the first half of 1994
compared with the first half of 1993.
Since late 1993 officials and courts have generally dealt with
extremist crimes more vigorously than previously.  In December
1993 a court convicted two arsonists for a fatal attack in
Moelln and gave them the maximum sentences--life imprisonment
for one, and 10 years for his juvenile accomplice.
After the most notorious incident in 1994, a rampage on May 12
in Magdeburg in which at least fifty youths chased five
Africans through downtown streets and beat them while
bystanders did little or nothing, the perpetrators were
arrested, tried, and sentenced to even longer prison terms than
the prosecution had requested.  Also in Magdeburg, a court gave
four youths 9- to 24-month jail terms for 1991 attacks on
foreigners and political activists.
A court sentenced two participants in the 1993 attack on U.S.
athletes in Oberhof to jail terms of 32 and 12 months,
respectively, without parole; for four others it ordered
probation or community service.
Three of the four suspects in a Berlin assault on a Ghanaian
national, who was stabbed and thrown from a moving streetcar,
were released; although the remaining detainee retracted a
confession, he remains jailed.
In another case, three young men accused of assaulting a
Ghanaian in a street car in Halle in March were given jail
terms of 2 to 4 years.
In Potsdam, in a case of abuse of an Angolan worker and denial
of his liberty, a court sentenced two of the three defendants
to 4 and 2 years, respectively, the latter with added community
service; the third, who was the apparent instigator of the
offense, hanged himself in jail.
At year's end, authorities were still investigating the
firebombings of two private Turkish organizations in
Baden-Wuerttemberg.  Also continuing was the court trial of the
alleged perpetrators of a fatal 1993 arson attack in Solingen.
Perpetrators of rightwing violence were predominantly young,
male, and low in socioeconomic status, often committing such
acts while inebriated.  As in the past, most acts of violence
against minority groups were committed spontaneously.  Also as
in the past, there was evidence that neo-Nazi groups were
making efforts for greater coordination among themselves.
In addition to voicing condemnation of the violence, the
Government recommended tougher anticrime legislation and
law-enforcement measures, as well as measures aimed at the
societal roots of extremist violence and other crime.  In the
eastern states, governments introduced several model social and
educational programs designed to counteract the root causes of
xenophobia and intolerance, and they undertook efforts to
reinvigorate enforcement of laws against violence by
extremists.  For such projects, however, state governments have
thus far allocated only limited funds in their tight budgets.
Although police in the eastern states continued to become
better versed in the federal legal system, better trained, and
more experienced, by year's end they had not yet achieved the
standards of effectiveness characteristic of the police in the
rest of Germany.  However, they did score greater success in
combating rightwing violence, in part due to special task
forces created in many states.  For example, after neo-Nazis in
more than 30 cities were denied permission to hold gatherings
to commemorate the death of Rudolf Hess, there was concern that
some neo-Nazi groups might nevertheless stage such rallies, as
one had succeeded in doing in Fulda in 1993; but state and
federal authorities cooperated closely, deployed police in
force, and succeeded in completely preventing demonstrations.
Sinti and Roma leaders accused the Government of discriminatory
behavior in failing to designate Sinti and Roma as a national
minority (similar to the status accorded ethnic Danes and
Sorbs) and of a generally hostile attitude toward them.
     Religious Minorities
Anti-Semitic acts increased, with 937 incidents reported in the
first 9 months of 1994.  The worst was the firebombing of the
100-year-old synagogue in Luebeck on March 25.  Police
investigation led to quick arrest of the alleged perpetrators,
who at year's end were awaiting trial.
Over 90 percent of anti-Semitic incidents involved graffiti,
the distribution of anti-Semitic materials or the display of
symbols of banned organizations.  There were three cases of
bodily injury and 42 cases of monument desecration.  In July,
for example, 22 skinheads vandalized the former concentration
camp at Buchenwald, but police were able to apprehend all the
perpetrators before they left the scene.  A federal court
ordered retrial of two youths who had been acquitted in October
1993 of a charge of arson in the September 1992 burning of the
Jewish barracks at the former Sachsenhausen concentration
camp.  There were further incidents of vandalism at the
Sachsenhausen site in 1994.
     People with Disabilities
By law, anyone who is physically or mentally disabled is
entitled to assistance to avert, eliminate, or improve the
disability, prevent a deterioration of it, or alleviate its
consequences and secure a place in society (particularly in the
workplace) according to his or her abilities.  The authorities
respect the rights of the disabled.  The social system provides
medical and financial benefits for persons who are or become
disabled.  The Government offers them vocational training, and
it offers grants for employers who hire the handicapped.
Severely disabled persons may be granted special benefits, such
as tax breaks, free public transport, special parking
facilities, and exemption from radio and television fees.
The Federal Government has established guidelines for
attainment of "barrier-free" public buildings, and for
modifications of streets and pedestrian traffic walks to
accommodate disabled persons.  While it is up to the individual
states to incorporate these guidelines into building codes, all
16 states now have access facilities for the handicapped.
Section 6  Worker Rights
     a.  The Right of Association
The right to associate freely, choose representatives,
determine programs and policies to represent workers'
interests, and publicize views is recognized and freely
exercised.  Some 39 percent of the total eligible labor force
belongs to unions.  The German Trade Union Federation (DGB)
represents 85 percent of organized workers, and participates in
various international and European trade union organizations.
The law provides for the right to strike, except for civil
servants (including teachers) and personnel in sensitive
positions such as members of the armed forces.  In the past the
International Labor Organization (ILO) has criticized the
Government's definition of "essential services" as overly
broad.  The ILO was responding to complaints about sanctions
imposed on teachers who struck in the state of Hesse in 1989
and, earlier, the replacement of striking postal workers by
civil servants.  A combination of privatization and decisions
by the Federal Labor Court may resolve at least some of the
specific issues in a manner acceptable to the ILO.
     b.  The Right to Organize and Bargain Collectively
The Basic Law provides for the right to organize and bargain
collectively, and this right is widely exercised.  Due to a
well-developed system of autonomous contract negotiations,
resort to mediators is uncommon.  Basic wages and working
conditions are negotiated at the industry level and then are
adapted, through local collective bargaining, to particular
enterprises.
GERMANY2
TITLE:  GERMANY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
In 1994 some firms in eastern Germany refused to join employer
associations, or withdrew from them, and then bargained
independently with workers.  Likewise, some large firms in the
west withdrew at least part of their work force from the
jurisdiction of employer associations, complaining of
rigidities in the centralized negotiating system.  The law
mandates a system of works councils and worker membership on
supervisory boards, and thus workers participate in the
management of the enterprises in which they work.  The law
thoroughly protects workers against antiunion discrimination.
Germany has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Basic Law prohibits forced or compulsory labor, and there
were no known violations.
     d.  Minimum Age for Employment of Children
Federal law generally prohibits employment of children under
age 15, with a few exceptions:  those aged 13 or 14 may do farm
work for up to 3 hours per day, or may deliver newspapers for
up to 2 hours per day; those aged 3 to 14 may take part in
cultural performances, albeit under stringent curbs on the
kinds of activity, number of hours, and time of day.  The
Federal Labor Ministry effectively enforces the law through its
Factory Inspection Bureau.
     e.  Acceptable Conditions of Work
There is no legislated or administratively determined minimum
wage.  Wages and salaries are set either by collective
bargaining agreements between industrial unions and employer
federations or by individual contracts.  Covering about 90
percent of all wage- and salary-earners, these agreements set
minimum pay rates and are legally enforceable.  These minimums
provide an adequate standard of living for workers and their
families.  The number of hours of work per week is regulated by
contracts that directly or indirectly affect 80 percent of the
working population.  The average workweek for industrial
workers is 36.9 hours in western Germany and about 40 hours in
the eastern states.
An extensive set of laws and regulations on occupational safety
and health incorporates a growing body of European Union
standards.  These provide for the right to refuse to perform
dangerous or unhealthy work without jeopardizing employment.  A
comprehensive system of worker-insurance carriers enforces
safety requirements in the workplace.  This system now applies
in the eastern states, where lax standards and conditions under
the Communist regime created serious problems.  The Labor
Ministry and its counterparts in the states effectively enforce
occupational safety and health standards through a network of
government organs, including the Federal Institute for Work
Safety.  At the local level, professional and trade
associations--self-governing public corporations with delegates
both from the employers and from the unions--oversee worker
safety.
safety.
GHANA1
gTITLE: GHANA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             GHANA
Ghana continues its transition from a single-party,
authoritarian system to that of a constitutional democracy.
Flight Lieutenant (retired) Jerry John Rawlings became the
first President of the Fourth Republic, following the
controversial elections of 1992.  This ended 11 years of
authoritarian rule under Rawlings and his Provisional National
Defense Council (PNDC), who had seized power from an elected
government in 1981.  The Constitution calls for a system of
checks and balances, with an executive branch headed by the
President, a unicameral Parliament, an independent judiciary,
and several autonomous commissions, such as the Commission for
Human Rights and Administrative Justice.  While acknowledging
irregularities, international monitors accepted the validity of
the election results.  Four opposition parties, however,
claimed massive fraud in the presidential election and
boycotted the December 1992 Parliamentary elections, leaving
the President's coalition in full control of the Parliament and
the Government.
Several security organizations report to various government
departments.  The police are responsible for maintaining law
and order and come under the jurisdiction of an eight-member
Police Council.  The Bureau of National Investigation (BNI),
under the Minister of the Interior, handles cases considered
critical to state security.  Allegations continue that police
have been involved in human rights abuses, especially in areas
remote from the capital.  Although the security apparatus is
controlled by and responsive to the Government, monitoring,
supervision, and education of the police in particular are
poor.  With the majority of the population illiterate and
unaware of their rights, human rights abuses such as beatings
and detention without charge still go unreported.
After years of economic mismanagement, Ghana is attempting to
rebuild its industrial base.  More than 60 percent of the
population still draws its livelihood from the land.  Gold,
cocoa, cocoa products, timber, and energy are major traditional
sources of export revenues.  The Government is making slow
progress in its efforts to privatize state-owned enterprises,
and annual economic growth has averaged 4.5 percent since the
inception of an economic recovery program in 1983.
The number and severity of human rights abuses continued to
decline.  The small but independent press, human rights
monitoring groups, and opposition parties were vigorous and
outspoken in criticizing various aspects of government policy.
However, the government-owned media, which reach by far the
largest audience, did not often criticize government policies.
Except for journalist Gershon Dompreh, who continues to serve a
prison sentence for writing a press article deemed to be
"economic sabotage," there are no known political prisoners or
detainees.  Discrimination and violence against women, however,
remained significant problems, as well as abuses stemming from
pretrial detentions.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There was one report of an extrajudicial killing.  In April a
7-year-old boy from Adiembra in the Brong Ahafo Region died
after sustaining injuries during a joint police/military
frontier demarcation exercise.  A police report said that the
operation had been peaceful, but following rumors of the boy's
death, the Government ordered BNI to investigate.  The BNI
reported that there had been excesses, but failed to specify who was
responsible.  The Regional Administration found the
report inconclusive and ordered a new investigation.
On August 30, the High Court in Accra convicted the police
inspector and constable charged with beating a prisoner to
death on June 7, 1993, at Elmina of manslaughter but sentenced
them to only 18 months in prison.  The journalist Kwesi Pratt
was unsuccessful in his efforts to persuade the Government to
investigate extrajudicial killings in the early years of PNDC
rule, despite police professions in 1993 of willingness to
investigate such killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution states that the dignity of all persons shall
be inviolable and that no one shall be subjected to torture or
other cruel, inhuman, or degrading treatment or punishment, or
any other condition that detracts from his dignity and worth as
a human.  Nonetheless, police continued to beat prisoners and
other citizens.  The authorities stated that some abuses by
police were investigated but announced no results; there were
no known instances of police being tried and convicted for such
abuses.
Prisons are in most cases antiquated, and conditions are
extremely harsh.  Most prisons are overcrowded; nutrition and
sanitation are poor.  Although the Government has occasionally
commuted the sentences of ill or aged prisoners, failure to
provide adequate and timely medical care to prisoners has
resulted in deaths.
The Government allows monitoring of prison conditions by
members of the International Committee of the Red Cross.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides protection against arbitrary arrest,
detention, or exile, and it states that an individual detained
shall be informed immediately, in a language he understands, of
the reasons for his detention and of his right to a lawyer and
to an interpreter, the latter at state expense.  It also
requires judicial warrants for arrest and provides for
arraignment within 48 hours.  In practice, however, many abuses
occur, including detention without charge for longer than 48
hours and failure to obtain a warrant for arrest.
The court has unlimited discretion regarding the setting of
bail, which can be excessive.  It may refuse to release
prisoners on bail and instead remand them without charge for an
indefinite period, subject to weekly review by judicial
authorities.  It is common to remand a prisoner into
investigative custody.  The Constitution requires, however,
that a detainee who has not been tried within a "reasonable"
time shall be released either unconditionally or subject to
conditions necessary to ensure that he appears at a later date
for court proceedings.  Approximately 30 percent of the prison
population consists of pretrial detainees.  Despite the
provisions of the law, abuses occur.  People are sometimes
detained for trivial offenses or unsubstantiated accusations.
There were no known political arrests in 1994.  The Government
does not practice forced exile and continues to encourage
Ghanaians with valuable skills who are living abroad to return,
including dissidents.  In some cases the Government has offered
amnesty.  Some former government and discredited PNDC officials
have returned and resumed careers and political activities.
     e.  Denial of Fair Public Trial
The Constitution establishes two basic levels of courts:
superior and lower.  The superior courts include the Supreme
Court, the Appeals Court, the High Court and regional
tribunals.  Parliament may decree lower courts or tribunals.
Legal safeguards are based on British legal procedures.
Defendants are presumed innocent, trials are public, and
defendants have a right to be present, to be represented by an
attorney (at public expense if necessary), to present evidence,
and to cross-examine witnesses.  In practice, authorities
respect these safeguards.
The Constitution provides for a Commission for Human Rights and
Administrative Justice to investigate alleged violations of
human rights and take action to remedy proven violations.  The
Commission was sworn in during October 1993 and has established
offices in regional capitals and districts.  It has held
workshops to educate the public on human rights issues.
The traditional courts operate alongside the regular courts.
The Chieftaincy Act of 1971 gives village and other traditional
chiefs powers in local matters, including authority to enforce
customary tribal laws dealing with such matters as divorce,
child custody, and property disputes.  Traditional courts fail
to meet accepted standards of fairness and due process.
After losing a series of significant cases in 1993, the
Government posed no serious challenges to judicial independence
during the year.  There were no charges of judicial
corruption.  So far as is known, there are no political
prisoners with the exception of Gershon Dompreh, a journalist
serving a 20-year sentence for economic sabotage.
The Government dropped its case against Kwesi Pratt, a
political activist and journalist, and Professor Albert
Adu-Boahen, leader of the New Patriotic Party.  The authorities
had charged them with obstruction of justice for refusing to
testify in a public tribunal.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Observers assume the Government continues to engage in
surveillance of citizens engaged in activity which it deems
objectionable.  In the past, this included monitoring of
telephones and mail.
Although the law requires judicial search warrants, police do
not always obtain them.  The Constitution provides that a
person shall be free from interference within the privacy of
his home, property, correspondence, or communication.  This
article has yet to be tested.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
During the ethnic conflict in the Northern Region, which began
in February, police used excessive force in a number of cases.
In the regional capital of Tamale, security forces trying to
disperse a crowd fired into it, killing at least 1 person and
injuring 30 to 40 others.  Police also beat villagers
indiscriminately during the course of the conflict.  In
response to the inability of the police to control the
situation, the Government declared a state of emergency and
deployed regular army units to restore order.  Parliament voted
to lift the state of emergency in August, at which time the
army units handed authority back to the police.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
opposition political parties and others have used it vigorously
in criticizing the Government.  However, the authorities
continued to pressure the government-run media for conformity.
The Government dominates the print and electronic media, owning
the radio and television stations and the two daily
newspapers.  The official media continue to emphasize the
positive aspects of government policies, although they also
cover charges of corruption or mismanagement in government
ministries and state-owned enterprises.  In general, the
state-owned media do not criticize government policies or
President Rawlings.  The Government occasionally subjects
journalists to discipline or dismissal for articles deemed
unacceptable.  As a result, the official media practice
self-censorship.  There were occasions when the
government-owned media carried editorials critical of the
Government but did not criticize top officials.
Most Ghanaians obtain their news from the government-owned
electronic media and British Broadcasting Corporation radio.
Under the Constitution, individuals are free to own radio and
television stations.  The Government has to date, however,
issued no private broadcast licenses.  One firm, the
Independent Media Corporation of Ghana, began broadcasting
after having waited for almost 1 year without result for its
application for a license.  The Government confiscated the
firm's radio equipment, effectively shutting the radio station
down.  The matter is now before the courts.
The independent press continues to publish unimpeded, with
newspapers and magazines critical of the Government, including
personal attacks on the President, his wife, and his close
advisers.  However, independent newspapers and magazines tend
to be small, poorly financed, and not widely distributed
outside Accra.  Moreover, the Criminal Libel Law, enacted in
1960 and based on the British model, holds the potential for
inhibiting freedom of the press.  The law states that anyone
who communicates a false report injuring the credit or
reputation of the State is guilty of a felony punishable by
imprisonment.  Foreign periodicals are sold in Accra and other
major cities.  Issues containing articles critical of the
Government circulate freely.
In general, the Government has not suppressed freedom of
speech, press, or academic freedom on university campuses.  The
National Union of Ghanian Students (NUGS), one of the more
vocal critics of the Government, is allowed to organize and
hold meetings.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association; it does not require permits for demonstrations.
Students injured by security forces during a March 1993
demonstration have been compensated, but the authorities did
not punish the police officers involved.
     c.  Freedom of Religion
There is no state-favored religion and no apparent advantages
or disadvantages attached to membership in any particular sect
or religion.  Foreign missionary groups have generally operated
throughout the country with a minimum of formal restrictions.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Ghanaians and foreigners are free to move throughout the
country without special permission.  Police checkpoints exist
countrywide to prevent smuggling, but most are left unmanned
during daylight hours.  Roadblocks and car searches are a
normal part of nighttime travel in Accra.
Ghanaians are generally free to travel internationally, to
emigrate or to be repatriated from other countries.  Of the
10,000 Ghanaians who sought refuge in Togo following the ethnic
conflict in the Northern Region, it is estimated that half have
returned.  As members of the Economic Community of West African
States (ECOWAS), Ghanaians may travel without visas for up to
90 days in member states.
Ghana continues to host a substantial refugee population, some
94,000 Togolese who fled to Ghana in 1993.  Ghana also provides
refuge to an estimated 20,000 Liberians.  In addition, over
15,000 Ghanaians residing in Liberia returned to their home
villages, often imposing great strain on government social
services.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Ghanaians last exercised the right to change their government
through the democratic process in presidential elections held
in 1992.  International observers noted serious problems in the
electoral process but concluded, on balance, that they did not
change the outcome.  However, opposition parties protested the
results by boycotting subsequent parliamentary elections.
Thus, except for two independent members, all 200 members of
Parliament belong to one of the three parties that supported
President Rawlings, whose PNDC party won 95 percent of the
seats.  The Government took some steps to bring the opposition
into the political process, including electoral reform.
The Constitution prohibits discrimination on grounds of gender
and there are no obstacles to the participation of women in
government.  Several ministers and Council of State members are
women.  There are 16 women parliamentarians.  Although all
ethnic groups are represented in the Government, members of the
Ewe ethnic group of which President Rawlings is a member, are
overrepresented in high-level public positions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigations of Alleged Violations
           of Human Rights
Human rights organizations continued to grow in number and
strength and operated without government interference or
restriction.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of race,
sex, religion, disability, language, or social status.  The
courts are specifically empowered to enforce these prohibitions.
     Women
Ghanaian women continue to experience societal discrimination.
Women in urban centers and those with skills and training
encounter little overt bias, but resistance to women in
nontraditional roles persists.  Women in the rural agricultural
sector remain subject to traditional male dominance and
difficult labor conditions.
Violence against women (including rape and wife beating)
remains a significant problem.  It usually goes unreported and
seldom comes before the courts.  The police tend not to
intervene in domestic disputes.  The media increasingly
reported cases of assault and rape.  Women's rights groups are
active in educational campaigns and in programs to provide
vocational training, legal aid, and other support to women.
The Government is also active in educational programs in
support of women's rights.
     Children
Within the limits of its resources, the Government is committed
to protecting the rights and welfare of children.  There is
little or no discrimination against females in education, but
girls and women frequently drop out due to societal or economic
pressures.  Statistics show an equal male/female ratio in
school enrollments in Grade 1, dropping to 2 to 1 by Grade 6, 4
to 1 at the secondary level, and 9 to 1 at university level.
There are traditional discriminatory practices against females
which are injurious to health and development.  In particular,
female genital mutilation (FGM) is a serious problem.
According to one study, the percentage of women who have
undergone this procedure may be as high as 30 percent, although
most observers believe 15 percent to be more accurate.  Such
mutilation is practiced mostly in the far northeastern and
northwestern parts of the country.  In August Parliament passed
a law making FGM illegal.  In September the Government charged
a practitioner of FGM with causing harm after circumcising four
girls, one of whom was taken to hospital bleeding severely.
The prisoner is still in police custody.
Another practice, found primarily in the Volta region,
constitutes abuse of children.  The tro-kosi (or "vestal
virgin") system is a traditional practice in which a young
girl, usually under the age of 10, is made a virtual slave to a
fetish shrine for offenses allegedly committed by a member of
the girl's family.  The belief is that if someone in a family
has committed a crime, such as stealing, members of the family
may begin to die in large numbers unless a young girl is given
to the local fetish shrine to atone for the offense.  The girl
becomes the virtual property of the fetish priest and may
become his wife.  These girls are seldom allowed to go to
school and must work on the priest's farm and perform other
labors for him.  When the fetish slave dies or reaches
maturity, the family is expected to replace her with another
young girl for the fetish shrine.
The practice of tro-kosi is clearly illegal but persists
because traditional beliefs are deep-seated.  There has been
some minimal success in encouraging the substitution of
sacrificial animals in place of girls.  It is estimated that
there may be 1,000 fetish slaves bound to various shrines.
     National/Racial/Ethnic Minorities
Although the Government plays down ethnic differences, its
opponents occasionally complain that it is dominated by the Ewe
ethnic group from Eastern Ghana.  Like the President, many of
his close advisers are Ewe, but many ministers are of different
ethnic origins.
     People with Disabilities
The Constitution specifically provides for the rights of people
with disabilities, including protection against exploitation
and discrimination.  It also states that "as far as
practicable, every place to which the public has access shall
have appropriate facilities for disabled persons."  In
practice, however, this provision has yet to be implemented.
Section 6  Worker Rights
     a.  The Right of Association
This right is restricted, as the Trades Union Ordinance confers
broad powers on the Government to refuse to register a trade
union.  However, the PNDC did not, and the present Government
has not, interfered with the right of workers to associate in
labor unions.  The law prohibits civil servants from organizing
or joining a trade union, bargaining collectively or striking.
About 10 or 15 percent of workers belong to unions.  The
Industrial Relations Act (IRA) of 1965 still governs trade
unions and their activities.  The Trades Union Congress (TUC)
is the only existing confederation, though it has no legal
monopoly.  In recent years it has been led by experienced union
leaders who, aided by a revised union constitution and by-laws,
continued to define an autonomous role for the TUC within the
PNDC regime.  In the last 3 years, the TUC has taken a somewhat
more confrontational stance vis-a-vis the Government and has
been quite critical of some of its economic policies.
The law recognizes the right to strike.  Under the IRA, the
Government established a system of settling disputes, first
through conciliation, then arbitration.  A union may call a
legal strike if negotiations and mediation fail.  However,
because no union has ever gone through the complete process,
there have been no legal strikes since independence.
Nevertheless, the Ghana Medical Association, the Ghana National
Association of Teachers, and the University of Ghana's porters,
drivers, and phone technicians staged major strikes in 1994
without government retribution.  The IRA prohibits retribution
against strikers, and this is enforced.  There has been no
progress in implementing the Government's declared intention to
establish labor tribunals to arbitrate industrial disputes
certified as deadlocked.
The TUC is affiliated with the Organization of African Trade
Union Unity (OATUU), headquartered in Accra and is a member of
the International Confederation of Free Trade Unions.
     b.  The Right to Organize and Bargain Collectively
The IRA provides a framework for collective bargaining and some
protection against antiunion discrimination as well.  Trade
unions engage in collective bargaining for wages and benefits
with both private and state-owned enterprises without
government interference.  The Government, labor, and employers
negotiate together, however, through a tripartite commission to
set minimum standards for wages and working conditions.  The
law requires employers found guilty of antiunion discrimination
to reinstate workers fired for union activities.  No union
leaders have been detained in recent years for union or other
activities.
There are no functioning export processing zones in Ghana.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and it is not known to be
practiced except in the tro-kosi system (see Section 5).  The
International Labor Organization (ILO) continues to urge the
Government to revise various legal provisions that permit
imprisonment with an obligation to perform labor for offenses
that are not countenanced under ILO Convention 105.
     d.  Minimum Age for Employment of Children
Labor legislation sets a minimum employment age of 15 and
prohibits night work and certain types of hazardous labor for
those under 18.  In practice, child employment is widespread,
and young children of school age often perform menial tasks
during the day in the market or collect fares on local buses.
Observance of minimum age laws is eroded by local custom and
economic circumstances that encourage children to work to help
their families.  Officials occasionally punish violators of
regulations prohibiting heavy labor and night work for
children.  Inspectors from the Ministry of Labor and Social
Welfare are responsible for enforcement of child labor
regulations.  They visit each workplace annually and make spot
checks whenever they receive allegations of violations.
     e.  Acceptable Conditions of Work
In 1991 minimum standards for wages and working conditions were
set by a tripartite commission composed of representatives of
the Government, labor, and employers.  The minimum wage rate
combines wages with customary benefits, such as a
transportation allowance.  The current daily minimum wage of
$0.76 (739 cedis) is insufficient for a single wage earner to
support a family.  In most cases households have multiple wage
earners, some family farming, and other family based commercial
activities.
The law sets the maximum workweek at 45 hours, with one break
of at least 36 consecutive hours every 7 days.  Through
collective bargaining, however, the basic workweek for most
unionized workers is 40 hours.  Occupational safety and health
regulations are in effect, and the Labor Department of the
Ministry of Health and Social Welfare occasionally imposes
sanctions on violators.  Safety inspectors are few, however,
and poorly trained.  They take action if matters are called to
their attention, but lack the resources to seek out
violations.  Workers have the right to withdraw themselves from
dangerous work situations without jeopardy to continued
employment, but they rarely exercise this right.
GREECE1
qTITLE:  GREECE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             GREECE
Greece is a constitutional republic and multiparty
parliamentary democracy.  In 1993 parliamentary elections, the
Panhellenic Socialist Movement (PASOK) won a comfortable
majority, and its leader, Andreas Papandreou, became Prime
Minister.  The defeated New Democracy Party assumed the role of
the main opposition.
Police and security services are subject to a broad variety of
legal and constitutional restraints.  The Greek Parliament, a
vigorous free press, the judiciary, committees and deputies of
the European Parliament, and Greek and international human
rights organizations monitor their activities.  These
institutions and groups brought to light cases of improper
activities and pressed the Government to halt such activities.
Nevertheless, credible reports indicated that police continued
to mistreat suspects during interrogation in some drug and
other criminal investigations.
Greece has a mixed capitalist economy in which the
entrepreneurial system is overlaid by a large public sector
which accounts for about 60 percent of gross domestic product.
Low growth, a high inflation rate, a large budget deficit, and
a 10-percent unemployment rate characterize the economy.  To
promote further economic development, Greece relies heavily on
the European Union (EU) for subsidies and loans.
The Constitution provides for, and, with some exceptions in the
cases of ethnic Turks and individuals who identify themselves
as Macedonians, the authorities generally respect, fundamental
human rights.  There continued to be credible reports that
Greek police and military personnel abused Albanian illegal
aliens.  Albanian authorities formally protested the mid-
August-November roundup and expulsion of over 115,000 illegal
Albanian migrants from Greece, which they claimed resulted in
the deaths of 6 to 8 persons.  The Government continued to use
Article 19 of the Citizenship Code to revoke the citizenship of
Greek citizens who are not ethnically Greek, despite public
assurances by senior government officials in 1991 that it would
repeal Article 19.
Government officials harassed and placed under surveillance
international and domestic human rights monitors.  In May the
courts accepted a lawsuit initiated by a private citizen and
joined by the Public Prosecutor against Christos Sideropoulos
under Article 191 of the Criminal Code for statements
Sideropoulos allegedly made at a Conference on Security and
Cooperation in Europe (CSCE) press conference in Copenhagen in
1990.  The trial was postponed in October for 1 year because
the plaintiff, a lawyer from Piraeus, failed to show up on the
appointed date.
The Government recognizes only one minority, the Muslim
minority referred to in the 1923 Treaty of Lausanne, and
refuses to acknowledge the existence of any other national
(i.e., non-Greek) minority.  It does not deny the existence of
Greeks of Turkish, Pomak, Vlach, Arvenite, or Roma ethnic
background, or of various linguistic or religious communities.
The Government denies, however, members of the Slavophone
community the right to declare themselves a Macedonian minority
(see Section 2.b.).
Responding to a Council of Europe (COE) team of international
monitors which issued a report on its visits to police stations,
prisons, and psychiatric hospitals, the Government took
corrective action to relieve severe overcrowding and harsh
living conditions in some prisons.  Almost all pending cases
restricting freedom of expression have been dropped since the
repeal in December 1993 of a law against "insulting authority,"
with the exception of two.  Several religious minorities report
a diminution in discrimination and religious persecution.  One
instance of prosecution for religious proselytizing was
reported in 1994.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
     a.   Political and Other Extrajudicial Killing
There were no reports of political killing, but there were
several reports of persons killed while in official custody.
The Albanian Government twice protested killings by Greek
police or military personnel of six to eight Albanians who had
illegally entered Greece.  In the first case, the Albanian
Government in March described the Greek shooting while in
custody of an apprehended illegal Albanian alien, Alfred Abas
Muco, 21 years old.  After a military investigation, the Greek
Government replied that Muco's killing was accidental.  In the
second case, on August 22, the Albanian Ministry of Foreign
Affairs protested the killing of Ormen Gjoka and maiming of Ali
Reci (broken back) while in Greek custody during the Greeks'
forcible expulsion of Albanians.  Greece returned Gjoka's body
and Reci to Albania on August 23 without publicity or
explanation.
The Albanian Government also protested the deaths of six
unnamed Albanians during the Greek roundup and expulsion of
Albanian aliens in August-September.  Of the six, one was
reportedly a 19-year-old woman, shot in the head; another was a
21-year-old man, shot in the back.  Two others of the six
reportedly drowned in a river during flight from pursuing Greek
police.  It was not known whether the six dead referred to
include Ormen Gjoka, mentioned above.  The Greek Ministry of
Foreign Affairs states that it requested but did not receive
identifying information about the six from the Albanian
Government to aid investigation of the cases, and it is not
known if any investigation was conducted.
The Government has not provided any further information on the
army's investigation of the February 27, 1993, incident in
which a Greek soldier shot an Albanian.  After a request by the
German Embassy in Athens for a followup investigation into the
death of Ramon Joachim Schulz, the Government reaffirmed the
conclusion of the original investigation, that Schulz died of a
heart attack, despite evidence to the contrary.
Greek terrorists attacked and killed three persons in 1994--a
Turkish diplomat, a prominent Greek banker, and a Greek
policeman.  There have been no arrests made in these cases.
     b.   Disappearance
No cases of disappearances were reported in 1994.  The case of
two ethnic Greeks of Albanian citizenship who disappeared on
March 4, 1993, remained unsolved.  The Government claimed that
the two were not in custody when they disappeared, although
Amnesty International reported that they were seen being
arrested by an armed policeman, and initially the police
confirmed they were holding them.
     c.   Torture and Other Cruel, Inhuman, or Degrading
          Treatment or Punishment
The Constitution specifically forbids torture, and a 1984 law
made the use of torture an offense punishable by a sentence of
from 3 years to life imprisonment.  However, this law has never
been invoked, even though there were credible reports that
police and military personnel beat and otherwise ill-treated
illegal Albanian aliens in the process of deporting them in
August and September.  The Government denied such reports.
A December 1993 report by the COE's Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) concluded that certain categories of persons
detained or arrested by the police, particularly persons
arrested for drug-related offenses or for serious crimes such
as murder, rape, or robbery, run a significant risk of being
ill-treated and are occasionally subjected to severe ill-
treatment or torture.  The report stressed that the Government
should examine diligently all allegations of ill-treatment and
prosecute and punish offenders.  It also emphasized the need
for additional education for police on human rights questions;
better training in modern investigation techniques; and the
acquisition and development of interpersonal communication
skills by police officers.  Finally, it stressed the need to
strengthen formal safeguards against the ill-treatment of
persons detained by the police, including the right to access
to a lawyer from the outset of detention.
The COE report stated that allegations of ill-treatment
included kicks, punches, slaps, stamping on feet, as well as
blows with the butt of a pistol or wooden sticks.  The report
also noted allegations of an even more serious kind, in
particular of falaka (beating on the soles of the feet) and the
administration of electric shocks; it indicated that the Athens
and Thessaloniki police had inflicted such treatment at police
headquarters.  The COE team's medical personnel confirmed that
physical evidence from the victims was consistent with their
allegations.  In addition, the COE team observed a variety of
unlabeled wooden sticks and batons at the Thessaloniki police
headquarters, as well as a hand-held device for delivering
electric shocks which was discovered in the personal locker of
a police officer attached to the Thessaloniki police
headquarters.
The Government conducted its own internal review of these
charges and reported in August on the status of 33 lawsuits
filed against policemen in the period 1989-1993 for abuse,
torture, and ill-treatment.  Twenty cases were still pending in
court or under investigation; in three cases, the police
officers were found innocent; one police officer was sentenced
to 2 years in prison for slapping a prisoner in the face; and
in nine cases the charges were dropped.  The Government refused
to accept the Committee's observations concerning investigation
methods, torture, and ill-treatment, dismissing them as without
foundation.
The COE report described conditions of detention in police
establishments visited as varying from adequate to extremely
poor and in one case as inhuman.  It noted prompt compliance
with a recommendation to close cells in two police stations
immediately.
There were few reports of physical abuse from most prisons,
although the COE report cited ill-treatment of prisoners by
prison staff at the Larissa prison as an exception.  According
to another credible report, two Albanian prisoners who attempted
to escape in 1993 from a prison on the island of Kos were
beaten severely after their recapture.  An investigation by the
Ministry of Justice resulted in bringing charges in September
against three prison guards for "dangerous bodily harm" and
against another for "simple bodily harm."  In April the
Ministry issued strict instructions to prison wardens to
prevent physical abuse of the incarcerated.  The Minister of
Justice personally conducted followup investigations and
visited prisons.  The wardens of two prisons were fired for
misconduct and failing to follow or enforce proper guidelines
for treatment of prisoners.  The Ministry has announced a
training program for prison guards to prevent abuse of
prisoners, but it has not yet begun.
Prison overcrowding, particularly at the Korydallos prison near
Athens, was relieved in 1994 as a result of a new law which
permits parole after a prisoner has served two-fifths (versus
the previous three-fifths) of a prison term.  Implementation of
this law resulted in the release of 1,200 prisoners by July,
roughly 1 out of every 6 of the total prison population.  The
Justice Ministry also implemented special prison programs for
the treatment of drug addicts and a pilot vocational training,
legal, and mental health counseling program for juveniles.  A
new detention and court center was opened in Thessaloniki; the
old center had been cited in the COE report as particularly
inadequate.
Prison conditions for conscientious objectors improved somewhat
in 1994, as a result of government action to reduce
overcrowding.  In addition, the Government began renovations to
the Kassandra prison, which was notorious for its poor living,
health, and sanitary conditions.
The COE team provided an independent monitor of prison, police
station, and psychiatric hospital conditions.  Such independent
monitoring, however, was not regularly scheduled.
     d.   Arbitrary Arrest, Detention, or Exile
The Constitution requires judicial warrants for all arrests,
except during the actual commission of a crime, and the law
prohibits arbitrary arrest orders.  The police do not always
respect these safeguards (see below).  Police must, by law,
bring a person arrested on the basis of a warrant or while
committing a crime before an examining magistrate within
24 hours.  The magistrate must issue a detention warrant or
order the release of the detainee within 3 days, unless special
circumstances require a 2-day extension of this time limit.
Defendants brought to court before the end of the day following
the commission of a charged offense may be tried immediately,
under a "speedy procedure."  Although legal safeguards,
including representation by counsel, apply in speedy procedure
cases, the short period of time may inhibit the defendant's
ability to present an adequate defense.  Defendants may ask for
a delay to provide time to prepare their defense, but the court
is not obliged to grant it.  The speedy procedure was used in
less than 10 percent of misdemeanor cases.  It was not used at
all for felonies.
Despite these legal safeguards, the police sometimes violate
them.  For example, both the COE team and Greek defense lawyers
stated that the police, during investigation of serious crimes,
occasionally interrogated suspects as "witnesses," allegedly
because witnesses do not have the right to legal representation
during police questioning.  Statements made to the police in
these circumstances may be used against these persons in court
if they are later charged and brought to trial.  Witnesses do
not have the legal right to remain silent, although no one is
required to testify against himself.  In such cases access to a
lawyer may be effectively denied until after interrogation,
which in some cases has resulted in torture or ill-treatment
and the subsequent signing of a statement.  These circumstances
were reportedly most likely to occur in the case of serious
crimes, including drug offenses, in which the police did not
have sufficient evidence to convict without a confession.  The
Government did not prosecute and punish any officials for such
misconduct during the year.
The effective maximum duration of pretrial detention was 18
months for felonies and 9 months for misdemeanors.  A panel of
judges may grant release pending trial, with or without bail.
A person convicted of a misdemeanor and sentenced to 2 years or
less may, at the court's discretion, pay a fine in lieu of
being imprisoned.  The percentage of the incarcerated
population comprised of pretrial detainees was 33 percent,
according to government sources.
There were no reports of incommunicado detention.
Exile is unconstitutional, and no cases have been reported
since the restoration of democracy in 1974.  However, Greek
citizens not of ethnic Greek origin who travel outside the
country may be deprived of their citizenship and refused
readmittance to the country under Article 19 of the Citizenship
Code.  Article 20 of the Code permits the Government to strip
citizenship from those who "commit acts contrary to the
interests of Greece for the benefit of a foreign state."  (See
Section 2.d. for more information on the application of these
articles.)
     e.   Denial of Fair Public Trial
The judicial system includes three levels of courts, appointed
judges, an examining magistrate system, trial by judicial
panel, and the right of appeal by both prosecution and
defense.  The Constitution provides for the independence of the
judiciary, but there are credible charges that judges sometimes
allow political criteria, including the desire to obtain
promotion, to influence their judgments.
Judges are not appointed for life.  Mandatory retirement ages
vary with the type of court.  Some judges expressed concern
that the change in the way judges are selected might affect the
independence of the judiciary.  Previously, they were elected
by their peers, but under the new law they are chosen by their
superiors.
The Government has taken Christos Sideropoulos to trial five
times in 4 years for speaking publicly about the existence and
rights of what he identifies as a Macedonian minority.  A case
brought by a private citizen was accepted and joined by the
prosecutor in May despite the fact that the allegedly offensive
statements were made at a CSCE conference in Denmark in 1990.
Under Article 6 of the Criminal Code, Greek citizens may be
prosecuted for actions committed abroad only if those actions
are punishable under the laws of that country.  Sideroupoulos's
alleged statements do not constitute an offense under Danish
law, but Greek courts and the Greek Government permitted the
case to go to trial; in September, the scheduled trial was
postponed for 1 year.
The Constitution provides for public trials, and trial court
sessions are open to the public, unless the court decides that
privacy is required to protect victims and witnesses or
national security matters.  According to defense attorneys, the
latter provision has not been invoked since the restoration of
democracy in 1974.  The defendant enjoys the presumption of
innocence, the standard of proof of guilt beyond a reasonable
doubt, the right to present evidence and witnesses, the right
of access to the prosecution's evidence, the right to cross-
examine witnesses, and the right to counsel.  Lawyers are
provided to defendants (in felony cases, only) who are not able
to afford legal counsel.
The legal system does not discriminate against women or
minorities, with one clear exception:  Article 19 of the
Citizenship Code (see Section 2.d.) applies only to Greek
citizens who are not ethnically Greek.
As noted above, the courts continue to permit prosecutions of
minority activists who violated laws that limit freedom of
expression (see Section 2.a.).  However, no one was imprisoned
as a result of such charges in the last 5 years.  Those
convicted have been allowed to convert their convictions to a
fine of about $4.00 a day.
     f.   Arbitrary Interference with Privacy, Family, Home, or
          Correspondence
Although the Constitution prohibits invasion of privacy and
searches without warrants, and the law permits monitoring
personal communications only under strict judicial controls,
the variety of persons and groups subjected to government
surveillance in recent years raises questions about
safeguards.  Targets included human rights monitors, non-
Orthodox religious groups, and activist members of minority
groups.
In June a parliamentary investigation committee recommended
indictment of former Prime Minister Mitsotakis and 30 persons
from the former Mitsotakis administration on charges of
wiretapping political opponents from 1989 to 1991.  In January
1995, the Parliament voted to drop all charges against
Mitsotakis.  The others will be tried in criminal courts in
1995.
The security services continued to monitor human rights and
minority group representatives and foreign diplomats who met
with such individuals.  Human rights monitors also reported the
continuation of suspicious openings and diversions of mail,
some of which was never delivered but was subsequently
published in newspapers with apparent links to Greek security
services.  So far as is known, the Government took no steps to
stop such practices or to prosecute those involved.
Section 2 Respect for Civil Liberties, Including:
     a.   Freedom of Speech and Press
Freedom of speech and press is provided for in the Constitution
and generally respected in practice, but with some significant
exceptions.  Some legal restrictions on free speech remain in
force and were invoked in one case in 1994 concerning the right
of an individual to identify himself as a member of a Macedonian
minority in Greece.  The charges in this case were based on
what the individual said, not on violent acts or criminal
behavior.  On matters other than those involving the question
of ethnic minorities, Greece enjoys a tradition of outspoken
public discourse and a vigorous free press.  Satirical and
opposition newspapers do not hesitate to attack the highest
state authorities.  According to journalists, self-censorship
was practiced on national security and Greek national identity
issues.
The Constitution allows for seizure (though not prior
restraint), by order of the public prosecutor, of publications
that insult the President, offend religious beliefs, contain
obscene articles, advocate violent overthrow of the political
system, or disclose military and defense information.  Seizures
have been rare, however, and did not occur in 1994.
In December 1993, the Government repealed a law which forbade
"insulting authority" and outlawed prosecution of otherwise
actionable "offenses committed by or through the press."  As a
result of these changes, a number of trials involving
restrictions on freedom of speech initiated under the previous
government, including the cases of five Trotskyites and two
journalists, were terminated.  With the December 1993 repeal of
an antiterrorism law, the Government lifted restrictions on the
publishing of the communications of terrorist groups; this
provided a forum for the publication of the proclamations of
Greek terrorist groups during a period of stepped-up terrorist
activity.
Several other articles of the Penal Code which were used in the
past to restrict free speech and press remain in force.
(Article 141 of the Penal Code forbids "exposing the friendly
relations of the Greek State with foreign states to danger of
disturbance;" Article 191 of the Code prohibits "spreading
false information and rumors liable to create concern and fear
among citizens and cause disturbances in the country's
international relations and inciting citizens to rivalry and
division, leading to disturbance of the peace.")  The
Government continues to use laws to charge individuals who
raise politically sensitive topics, such as relations with the
Former Yugoslav Republic of Macedonia and the assertion of
ethnic minority identification.  An example is the case of
Christos Sideropoulos, who described himself as a Macedonian
activist (see Section 1.e.).  Two other freedom of expression
cases from previous years are scheduled to be heard by appeals
courts in 1995.
On April 14, charges were dropped against Sadik Ahmet Sadik for
an article he published in 1989 in which he alleged
discrimination and repression against ethnic Turks in Greece.
Sadik also appealed to the Supreme Court a February 1
conviction by the First Appeal Court in Thessaloniki for
falsifying signatures on a petition he circulated among the
Muslims of Thrace.  Two other cases pending against Sadik
involve charges of theft, unlawful entry in public buildings,
and inciting violence during altercations with the authorities
in Thrace about new textbooks distributed by the Greek
Government in 1992.  These two cases have been postponed.
The 1975 Constitution provides that the State exercise
"immediate control" over radio and television.  An independent,
government-appointed body with the authority to enact rules
governing private broadcasting established procedural
regulations for radio several years ago.  In 1993 it did so for
television as well, issuing licenses to six private stations.
Many other private television stations operated without
licenses, however.  State-run stations tended to emphasize the
Government's views and positions but also reported objectively
on other parties' programs and positions.
Throughout much of western Thrace, Turkish-language satellite
television broadcasts are widely available.  The mayors of two
cities in the region set up satellite ground stations for their
Turkish-speaking constituents.  Eleven Turkish-language
publications--eight weekly newspapers and three monthly
magazines--are published and circulated in Thrace.  Newspapers
and other periodicals from Turkey are distributed in small
numbers when brought in by taxis and travelers.
Academic freedoms are respected.
     b.   Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly.  Police
permits were routinely issued for public demonstrations, and
there were no reports that the permit requirement was abused.
The Constitution provides for the right of association, which
was generally respected, except in cases involving ethnic
minorities.  In 1994 the Supreme Court upheld the 1991 decision
of lower courts to deny registration to the "Macedonian
Cultural Center" in Florina, organized by Greeks who consider
themselves of Slavic descent.  The 1991 ruling held that "the
true goal of the society...is to affirm the idea of the
existence of a Macedonian minority in Greece, which contradicts
(Greece's) national interests and the law."  The organizers
planned to appeal the decision to the European Court of Human
Rights.
Greek authorities, while recognizing a Muslim minority, did not
recognize the existence of other minorities based on ethnic
grounds (see Section 5).  This is contrary to the 1990
Copenhagen document of the CSCE to which the Government is a
party, which asserts that "to belong to a national minority is
a matter of a person's individual choice."
     c.   Freedom of Religion
The Constitution establishes the Greek Orthodox Church, to
which perhaps 95 percent of the population at least nominally
adhere, as the prevailing religion but prohibits discrimination
against religious minorities.  The Greek Orthodox Church wields
significant influence through its relationship with the
Ministry of Education and Religion.  Religious training is
mandatory in Greek public schools for Greek Orthodox pupils.
Non-Orthodox students are exempt from this requirement.
However, there are reports from Helsinki Monitor (Greece) that
some schoolteachers force Jehovah's Witnesses students to
attend Orthodox services.  The Constitution limits religious
practice by prohibiting proselytizing.  In contrast to past
years, in 1994 only one arrest for proselytizing by other
faiths was reported.
In January police in Thessaloniki arrested two members of the
Church of Latter-day Saints (Mormons) for violating immigration
law and jailed them overnight.  After a 10-day trial, they were
acquitted.  The Church complained in September of harassment by
local thugs in Piraeus but at the same time reported a
generally improved relationship with local police.
Traditionally, Jehovah's Witnesses ministers were not granted
the exemption from military service accorded under Greek law to
clergy of "known religions" and thus served prison sentences
for refusing military service.  Since 1990-91, the Council of
State, the highest court dealing with civil and administrative
matters whose opinions are binding on the Government, has ruled
that the Jehovah's Witnesses were a "known religion" and has
ordered the release of ministers who had refused induction.
However, the recruiting service of the armed forces regarded
these rulings as applying only to individual appellants, not as
binding precedents for subsequent Jehovah's Witnesses ministers
who were called up.  It thus continued to rely, in the first
instance, on the opinion of the Ministry of Education and
Religion, which in turn accepted the view of the Greek Orthodox
Church that the Jehovah's Witnesses are not a "known religion."
As a consequence, for the past few years, ministers of the
Jehovah's Witnesses have been called up for military service
and prosecuted for refusal; only after conviction could they
appeal to the Council of State for exemptions as ministers of a
"known religion."  In practice, these ministers have spent
periods of a few months to over a year in jail while appealing
their cases to the Council of State.  In contrast to past
years, in 1994 only one arrest for proselytizing by other
faiths was reported.  A Jehovah Witnesses canvasser was
arrested in Volos on October 14, and the local public
prosecutor charged him with proselytizing.  He was subsequently
released pending hearing of the case in 1995.
To open and operate a house of worship in Greece requires
approval by the Ministry of Education and Religion.  The
Ministry bases its decision on the advisory opinion of the
local Orthodox bishop.  In recent years, it has not been
uncommon for such permission to be delayed or even, at times,
withheld, though some denominations have been able to open and
operate churches in the guise of cultural centers.
GREECE2
oTITLE:  GREECE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Several denominations report difficulties getting residence
permits for foreign members of their faiths who come to Greece
to perform missionary or charity work.  Although such problems
continued in 1994, these denominations reported overall better
relations with immigration authorities and routine approval of
extensions of tourist visas for these persons for up to
9 months.
Mosques and other Muslim religious institutions operate freely
in western Thrace and in Rhodes, where most Greek citizens of
the Muslim faith reside.  Some Muslims claimed that Greek law
weakens the financial autonomy of the "Wakfs," community funds
used for maintaining mosques, schools, and for charitable
works, by placing the Wakfs under the administration of
appointed "muftis" (Islamic judges and religious leaders) and
their representatives.  Those who object to this system say it
violates the terms of the Treaty of Lausanne.
In accordance with a 1990 presidential decree, the State
appointed the two muftis in Greece, both resident in western
Thrace, based on the recommendations of a committee of local
Muslim scholars, religious authorities, and community leaders.
The Government argued that it must appoint muftis because, in
addition to their religious duties, they perform judicial
functions in many civil and domestic matters, for which the
State pays them.  The Muslim minority remains divided on the
mufti selection issue.  Some Muslims accept the authority of
the appointed muftis; others elect muftis to serve their
communities.
The Government denied entry to two Turkish theologians invited
to Thrace for Ramadan and in July refused to admit a delegation
of six religious leaders from Turkey to enter Greece on the
grounds that they intended to engage in political, not
religious, activities.
     d.   Freedom of Movement Within the Country, Foreign
          Travel, Emigration, and Repatriation
The Constitution calls for freedom of movement within and
outside the country, and the right to return.  However, Article
19 of the Citizenship Code distinguishes between Greek citizens
who are ethnic Greeks and those who are not.  Most Article 19
cases involve ethnic Turks from western Thrace, since only the
"Muslim minority" is recognized as having non-Greek ethnicity.
Greek citizens who are not ethnic Greeks may be deprived of
their citizenship if it is determined that they left Greece
with the apparent intention not to return.  However, immigrants
who are ethnic Greeks are normally recognized as Greek citizens
and accorded full rights, despite years or even generations of
absence from Greece.
The Interior Ministry initiates proceedings under Article 19 on
the basis of reports by local authorities in Greece or by Greek
embassies or consulates abroad.  It holds hearings at which the
affected person is neither present nor notified of the hearing.
Those who lose Greek citizenship as a result of such hearings
sometimes learn of this loss only when they seek to reenter
Greece.  According to the Foreign Ministry, 42 persons lost
Greek citizenship under Article 19 in 1994 as of October (down
from 123 in 1993).
Persons who lose their Greek citizenship under Article 19 have
the right of "administrative appeal" to the Interior Ministry
and may also appeal to the Greek Council of State and to the
Council of Europe.  Leaders of the Turkish-origin Greek
community complain that the time and expense involved tends to
discourage such appeals.  Three persons who lost Greek
citizenship in 1993 and three persons who lost citizenship in
1994 have filed administrative appeals which are pending.  Six
decisions on appeals from previous years were taken in 1993:
three denied and three upheld the appeals, according to the
Ministry of Foreign Affairs.
Another section of the Citizenship Code, Article 20, permits
the Government to strip citizenship from those who "commit acts
contrary to the interests of Greece for the benefit of a
foreign state."  While the law as written applies equally to
all Greeks regardless of their ethnic background, according to
activists who support minority causes, it is exercised
principally against those who speak out against government
policy on national issues, including at least three activists
who call themselves Macedonian.
Some Greek citizens, particularly those of Slavic descent,
credibly reported that they were subject to extensive searches
and questioning at the border when traveling between Greece and
the Former Yugoslav Republic of Macedonia.
Greece maintains restricted military zones along its borders,
including along its northern border with Bulgaria, an area
where many Pomaks (Muslims who speak a Bulgarian dialect)
reside.  Since entry into the zone is strictly controlled, even
for local inhabitants, some residents of the area complain that
their freedom of movement is restricted.  Foreign diplomats are
allowed into the zone only under escort and with special
authorization.
Greece frequently offers temporary asylum, though rarely
permanent resettlement, to a growing number of refugees from
Turkey, Iraq, and Iran.  Permanent resettlement in Greece is
not usually available for nonethnic Greek refugees.  There are
3,482 cases of asylum seekers in Greece with apparently
legitimate claims to refugee status that are under review by
the Government in cooperation with the United Nations High
Commissioner for Refugees (UNHCR).
In August and September, the Government rounded up and expelled
over 50,000 illegal Albanian migrants from Greece.  There were
credible allegations by Albanians and by international human
rights observers of abuse of some deportees, especially at
border crossings on the Greek-Albanian border.  The roundup
coincided with sharply worsened relations between the
Governments of Greece and Albania, resulting from the trial of
five ethnic Greek leaders in Tirana on treason and weapons
charges.
Ethnic Greek immigrants, including those who came from the
former Soviet Union since 1986 and those rescued from the civil
war in Georgia, normally qualified promptly for citizenship and
special assistance from the Government.  The returnees have
been settled initially on government-owned land in western
Thrace, where government programs to get them to remain have
met with limited success.  Most move to Athens, Thessaloniki,
or other cities where job prospects are better.
Section 3 Respect for Political Rights:  The Right of Citizens
          to Change Their Government
Greece is a multiparty democracy in which the Constitution
calls for full political rights for all citizens and for the
peaceful change of governments and of the Constitution.
However, the Government limits the right of some individuals to
speak publicly and associate freely on the basis of their
self-proclaimed ethnic identity and thus impinges on the
political rights of such persons.  It also combined voting
districts in Thrace, making it impossible for ethnic Turks to
be elected there (see below).  Additionally, Roma
representatives report that local authorities sometimes deprive
Roma of the right to vote by refusing to register them.
Members of the unicameral 300-seat Parliament are elected to
maximum 4-year terms by secret ballot.
The Government headed by Prime Minister Andreas Papandreou of
the Panhellenic Socialist Movement (PASOK) won in free and fair
elections in October 1993.  Parliament elects the President for
a 5-year term.  Universal suffrage applies to those over age 18
and enforced by fines and administrative penalties.  Opposition
parties function freely and have broad access to the media.
Under a 1990 electoral law, no candidate may be elected whose
party does not receive 3 percent or more of the nationwide
vote.  This law also applies to independent candidates.  As a
result, neither of Greece's former independent Muslim members
of Parliament, both of whom proclaim their Turkish ethnic
identity, was reelected to Parliament in 1993.  In the June
election to the European Parliament, candidates identifying
themselves as Macedonian running under the European-wide
"Rainbow Coalition" banner received 5.5 percent of the vote in
Florina, a heavily Slavophone province in northern Greece, and
a total of over 7,000 votes nationwide.  The Supreme Court
invalidated the list of Rainbow Coalition candidates but then
reversed its decision 2 weeks before the election.  Rainbow
candidates had little time to campaign officially, and were not
allowed to take part in government-sponsored television and
radio programs which included all other candidates.  In
addition, some polling stations did not receive lists needed
for supporters to vote for Rainbow candidates.  One of the same
activists ran without incident for governor of Florina
prefecture in the local elections in October; he won 3.3
percent of the vote.
In October Greece held elections at the local level, including,
for the first time (as a result of a new election law),
elections for governors and prefectural councils.  One month
prior to the elections, Parliament passed legislation combining
electoral districts in Athens and Thrace.  The prefecture of
Rodopi, about half of whose citizens are ethnic Turks or
Pomaks, was united with Evros, which is approximately 5-percent
Muslim.  Xanthi prefecture, which is approximately 40-percent
ethnic Turkish and Pomak, was united with two other prefectures
which had virtually no Muslim population.  Ethnic Turks
complained correctly that the law as it was applied to Thrace
was intended to eliminate any possibility that an ethnic Turk
could be elected governor of either of the prefectures.
In June unknown persons fired shots at Anastassios Boulis, a
Macedonian activist who was a candidate for the European
Parliament.  Boulis charged that, although local police knew
who the perpetrators were, they never investigated.  The
Government claimed a police investigation produced no
corroborating evidence or witnesses.
Although there are no legal restrictions on the participation
of women or minorities in government or politics, women's
representation at the higher levels of political life remain
low.  The head of the Communist Party is a woman.  Women hold
no ministerial positions in the Government and only 3 of 26
deputy ministerial positions.  Eleven of the 300 members of
Parliament are women.  Women are underrepresented in the
leadership of the two largest parties.
Section 4 Governmental Attitude Regarding International and
          Nongovernmental Investigation of Alleged Violations
          of Human Rights
The Government allows domestic human rights organizations to
operate but may or may not cooperate with them.  In principle,
it respects the right of foreign diplomats to meet with
officials and other citizens, including critics of official
policy, though it is clear that the security services observe
contacts of human rights monitors, including listening in on
conversations held between those monitors and human rights
investigators and diplomats.  The security services'
surveillance of such meetings is often blatant, and some such
meetings are treated tendentiously in the press.  Monitors view
this activity as a form of intimidation and say that it deters
others from meeting with investigators.
Section 5 Discrimination Based on Race, Sex, Religion,
          Disability, Language, or Social Status
The Constitution provides for equality before the law and the
full protection of individual life, honor, and freedom
irrespective of nationality, race, language, or religious or
political belief.
Violence against homosexuals is not common in Greece.  However,
police occasionally harass gay bar owners and gay men,
including detaining them at police stations overnight and
sometimes physically mistreating them.  Homosexuals discovered
in the military service are dismissed for reasons of "mental
illness," and would-be draftees are exempted from compulsory
military service for the same reason.  Declared homosexuals
exempted from military service for that reason are ineligible
for public sector jobs.
     Women
There are broad constitutional and legal protections for women,
including equal pay for equal work, but the General Secretariat
for Equality of the Sexes (GSES), an independent government
agency, maintains that these laws are not consistently
enforced, and as a consequence women generally receive lower
salaries than men for similar jobs.  A GSES report states that
in 1993 average women's salaries in retail trade were 79.4
percent of those of men in comparable positions.
Although there are still relatively few women in senior
positions, in recent years women have entered traditionally
male-dominated occupations in large numbers.
The incidence of reported physical violence against women is
low; however, the GSES asserts that police tend to discourage
women from pursuing domestic violence charges and instead
undertake reconciliation efforts, though they are neither
qualified for nor charged with this task.  The GSES also claims
that the courts are lenient when dealing with domestic violence
cases; it hopes that attitude will change as more women enter
the judiciary.
As a result of pressure from women's groups, a center for
battered women was established in Athens in 1988, and a
residential facility for battered women and their children
opened in 1993.  These centers provide legal advice,
psychological counseling, information on social services, and
temporary residence for battered women and their children.
They received approximately 250 women in 1994.
The Government lists progress on women's issues as a high
priority and established a new position of Deputy Minister for
Women's Affairs in the Office of the Prime Minister.  This
Office and the GSES coordinate efforts to remove barriers.
     Children
Legislation enacted in 1992 prohibits and provides penalties
for all forms of maltreatment of children perpetrated by
parents or others.  The State provides preventive and treatment
programs for abused children and for children deprived of their
family environment, seeking to ensure that alternative family
care or institutional placement is made available to them.
However, children's rights advocacy groups claim that protection
of high-risk children in state residential care centers is
inadequate and of low quality.  They cite lack of coordination
between welfare services and the courts, inadequate funding of
the welfare system, and poor manning of residential care
centers as systemic weaknesses in child abuse prevention and
treatment efforts.  Societal abuse of children in the form of
prostitution, pornography, and child labor is rare in Greece.
In recent years, Greece has experienced a dramatic rise in the
population of street children, mainly from Albania, who
panhandle or peddle at city intersections on behalf of adult
family members or for organized crime.  Police occasionally
take these children into custody and bring them to state or
charitable institutions which care for wayward children.
Parents can reclaim their children from these institutions, but
risk deportation if they are illegal immigrants.  The number of
Albanian street children has been greatly diminished since the
expulsion of illegal Albanians in August-September 1994.  Roma
children are still in evidence on Athens streets, however.
Few children are available for adoption by childless couples.
As a result, occasional cases of prosecution against the
selling of Greek babies to childless couples are reported.
Usage of public health facilities by Roma is low because of the
low rate of integration of Roma communities within Greek
society and social security systems.  Ninety percent of Roma
are not insured by any of the government social security
systems because they are self-employed or work in off-the-books
jobs that do not make contributions to the social security
system.  The fact that health facilities are not located close
to the camps in which the Roma live also contributes to their
low rate of access.
     National/Racial/Ethnic Minorities
There are communities in Greece which identify themselves as
Turks, Pomaks, Vlachs, Roma, and Macedonians.  Many are fully
integrated into Greek society.  The only minority Greece
formally recognizes is a "Muslim minority," which is referred
to in the 1923 Treaty of Lausanne.  The Government insists on
the use of this rubric to refer to several different ethnic
communities, most of which adhere to the Muslim faith.  The
Muslim minority is comprised primarily of ethnic Turks or
Turkish speakers in western Thrace, which the Government
estimates at roughly 120,000 persons.  In addition to people of
Turkish origin, it includes Pomaks (Muslims who speak a
language akin to Bulgarian) and Roma.  Many Greek Muslims,
including Pomaks, identify themselves as Turks and say that the
Muslim minority as a whole has a Turkish cultural consciousness.
The use of the word "tourkos" ("Turk") is prohibited in titles
of organizations, though individuals may legally call
themselves "tourkos."  To most Greeks, the word "tourkos"
connotes Turkish identity or loyalties, and many object to its
use by Greek citizens of Turkish origin.  Use of a similar
adjective, "tourkoyennis" (of Turkish descent/affiliation/
ethnicity), however, is allowed (see also Section 2.b.).
Northern Greece is home to an indeterminate number (estimates
range from under 10,000 to 50,000 or more) of Greek citizens
who are descended from Slavs or Slavophones.  Some still speak
a Slavic dialect, particularly in the Florina district.  A
small number of them consider themselves to be members of a
distinct ethnic group which they identify as Macedonian and
assert their right to minority status.  The Government
continues to harass and intimidate some of these people,
including putting one person on trial for asserting the
existence of a Macedonian minority (see Section 2.a.), denying
their right to association (see Section 2.b.), monitoring
activists' meetings with human rights investigators (see
Section 2.d.), and accusing activists publicly of being agents
of a foreign government.  These activists say that, as a
result, some Greeks who consider themselves Macedonian do not
declare themselves openly for fear of losing their jobs or
other sanctions.
A 1994 report by Human Rights Watch/Helsinki entitled "Denying
Ethnic Identity--the Macedonians of Greece" charged, inter
alia, that an ethnic Macedonian minority with its own language
and culture exists in northern Greece and that the Greek
Government's denial of that minority is in violation of
international human rights laws and agreements.  They also
state that the Greek Government discriminates against this
minority in violation of international law or agreements to
which it is a party.  In responding to these charges, the
Government says that it recognizes, under the Copenhagen CSCE
document, the right of people to identify themselves as members
of ethnic minorities.  However, it states that such self-
identification does not require government recognition of such
a minority or entitle its members to any privileges under CSCE
or other instruments.  As noted , however, the Government
continues to deny the rights of free speech and association to
some who have tried peacefully to assert what they consider to
be their minority rights.
Government officials and Greek courts deny requests by
individuals and groups to identify themselves using the ancient
term Macedonian, since some 2.2 million ethnic (and
linguistically) Greek citizens already use the term to identify
themselves.  The Greek Government does not define the dialect
spoken by some thousands of northern Greeks as Macedonian, and
government officials deny that it is a language at all.  The
officials also noted that Greece regulates the establishment of
all commercial language academies, and questioned whether
advocates of "Macedonian" language schools meet the relevant
requirements.  They added that the Government would not
interfere with the holding of informal language classes within
the Slavophone community.
The Secretariat for Adult Education (a government agency) in
1994 revised upward its estimate of the number of Roma in
Greece to approximately 300,000.  Almost half of the Roma
population is permanently settled, mainly in the Athens area.
The other half is mobile, working mainly as agricultural
workers, peddlers, and musicians throughout the country.
Government policy is to encourage assimilation of Roma.
Poverty, illiteracy, and social prejudice continue to plague
large parts of the Roma population.  The Secretariat for Adult
Education conducted education programs targeting the Roma
population, including the use of mobile schools.  Some 1,200
Roma children attended the mobile school program during the
last school year.
The rate of employment of Muslims in the public sector and in
state-owned industries and corporations is much lower than the
Muslim percentage of the population.  In Xanthi, where Muslims
hold seats on the town council, there are no Muslims among the
approximately 130 regular employees of the prefecture.  Ethnic
Turks and other Muslims in Thrace claim they are hired only for
lower level, part-time work.  The Government says lack of
fluency in written and spoken Greek and the need for university
degrees for high-level positions limits the number of Muslims
eligible for government jobs.
Public offices in Thrace do their business in Greek; the courts
provided interpreters as needed.  In the Komotini district in
Thrace, where many ethnic Turks live, the office of the district
governor ("nomarch") has Turkish-language interpreters
available.
While discriminatory treatment against Muslims regarding
licenses to operate a business, own a tractor, or construct
property diminished greatly in recent years, basic services
provided to Muslim-populated neighborhoods and villages
(electricity, telephones, paved roads) in many cases continue
to lag far behind those provided to non-Muslim neighborhoods.
The Treaty of Lausanne provides that the Muslim minority has
the right to Turkish-language education, with a reciprocal
entitlement for the Greek minority in Istanbul.  Western Thrace
has both Koranic and secular Turkish-language schools.
Government disputes with Turkey over teachers and textbooks
caused these secular schools serious problems in obtaining
sufficient numbers and quality of faculty and teaching
materials.  Over 9,000 Muslim children attended
Turkish-language primary schools.  Around 650 attended
Turkish-language secondary schools, and approximately 1,000
attended Greek-language secondary schools.  Many Muslims
reportedly went to high school in Turkey due to the limited
number of places in the Turkish-language secondary schools,
which are assigned by lottery.  In 1994 no Greek Muslims
succeeded in passing the entrance examinations to attend a
Greek university.
Ethnic Turks found it difficult to obtain permission to bring
in teachers from Turkey or to hire Turkish-speaking teachers
locally, particularly for the secular Turkish-language middle
schools in Xanthi and Komotini.  Under a 1952 educational
protocol, Greece and Turkey may annually exchange 35 teachers
on a reciprocal basis.  Each group serves in Istanbul and
western Thrace, respectively, but in recent years the Greek
side limited the exchanges to 16 teachers per country due to
the dwindling needs of the small and aging Greek population in
Turkey.  According to the Government, during the 1993-94 school
year, Greece and Turkey did not exchange any teachers due to an
ongoing dispute over reductions of Greek instruction for Greek
students in Turkey, and the nonissuance of diplomas to some
Greek students there.  The teacher exchange was, however,
effected during the 1994-95 school year; 16 teachers were
exchanged by each country on November 1, 1994.
During the January 1994 visit of a group of Turkish
parliamentarians to western Thrace, a group of Christian
extremists hurled stones at the bus in which the delegation was
traveling.  There were no injuries, and no arrests were made.
     Religious Minorities
Several religious denominations, including the Roman Catholic
Church, reported difficulties in dealing with Greek authorities
on a variety of administrative matters.  Privileges and legal
prerogatives granted the Greek Orthodox Church were not
routinely extended to other recognized religions.  Rather, the
non-Orthodox must make separate and lengthy applications to
government authorities on such matters as arranging
appointments to meet with Ministry of Education and Religion
officials and gaining permission to move places of worship to
larger quarters.
Leaders of various non-Orthodox religious groups assert that
their members face discrimination in reaching the senior ranks
in government service; furthermore, it appears that only those
of the Orthodox faith can become officers in the Greek
military.  They allege that to avoid this restriction some
members of their faiths resort to declaring themselves
Orthodox.  Senior government officials, when questioned about
such allegations of discrimination, deny that it exists and
point out certain persons not of the Orthodox faith who have
successful careers in government service.  There appear to be
no statistics to support either side.
Teachers who are Jehovah's Witnesses have faced difficulties in
gaining or keeping employment in recent years in public or
private schools.  As a result of such difficulties, six
Jehovah's Witnesses have appeals on employment discrimination
pending with the Council of State, some dating back as far as
1989.
Greek law requires that Greek citizens declare their religion
on their bilingual identity cards that, if and when issued,
would allow Greeks to travel freely within the EU instead of
using passports.  The law has caused particular concern among
the Catholic and Jewish religious communities in Greece and
abroad and has drawn strong criticism from the European
Parliament.  The Government declined in 1994 to act either to
change the law mandating the declaration of religion on the
cards or to issue the new EU cards.  Instead, the old Greek
identity cards, which normally list religion but which allow
the bearer the option not to do so, are still being issued.
Leaders of the Jewish community in Greece have lobbied the
Government for several years to change five anti-Semitic
references in Greek public school textbooks.  In 1994 the
Ministry of Education deleted two of the five passages.
The Government allowed Turkish Prime Minister Ciller's
counselor Mustafa Kahramanyol to visit Thrace in early June,
but denied a visa to the Turkish Director General of Religious
Affairs, who wanted to visit a few weeks later.
     People with Disabilities
Legislation mandates the hiring of disabled persons in public
and private enterprises employing more than 50 persons.
However, the law is poorly enforced, particularly in the
private sector.  The law states that disabled persons should
comprise 3 percent of staff in private enterprises.  In the
civil service, 5 percent of administrative staff and 80 percent
of telephone operator positions are reserved for disabled
persons.  Persons with disabilities have been appointed to
important positions in the civil service, including secretary
general of the Ministry of Welfare.
The Construction Code mandates physical access for disabled
persons to private and public buildings, but again the law is
poorly enforced.  In the past 2 years, ramps and special curbs
for the disabled have been constructed on Athens streets and at
public buildings, and sound signals have been installed at some
city street crossings.  In 1993 the Government started
replacing old city buses with new ones with stairs specially
designed for the disabled; the accessible buses numbered 500 in
1994.  The new Athens subway lines under construction will
provide full access for the disabled.
GREECE3
TITLE:  GREECE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6 Worker Rights
     a.   The Right of Association
The Constitution and subsequent legislation provide for the
right of association.  All workers, with the exception of the
military and the police, have the right to form or join unions.
Approximately 30 percent of Greek workers (nearly 1 million
persons) were organized in unions in 1994.  Unions receive most
of their funding from a Ministry of Labor organization, the
Workers' Hearth, which distributes mandatory contributions from
employees and employers.  Only the five most powerful public
sector unions have dues-withholding provisions in their
contracts, in addition to receiving Workers' Hearth subsidies.
Following the recommendation of the International Labor
Organization (ILO), the Government in 1990 enacted a law ending
its financial involvement in trade union affairs and the
collection of union dues.  Strong union reaction, however, led
to new legislation in 1994 which allowed unions to continue to
receive Workers' Hearth funds.
Over 4,000 unions are grouped into regional and sectoral
federations and two umbrella confederations, one for civil
servants and one, the General Confederation of Greek Workers
(GSEE), for private sector employees.  Unions are highly
politicized, and there are party-affiliated factions within the
labor confederations, but day-to-day operations are not
controlled by political parties or the Government.  There are
no restrictions on who may serve as a union official.  Unions
maintain a variety of international affiliations and are free
to join international associations.
Legislation passed in 1994 mandates a skeleton staff during
strikes affecting public services, such as electricity,
transportation, communications, and banking.  During strikes in
June and July, skeleton staffs did not ensure that essential
services continued uninterrupted; however, there were no legal
repercussions for the unions.
Legal restrictions on strikes include a mandatory period of
notice, which is 4 days for public utilities and 24 hours for
the private sector.  Public utility companies, state-owned
banks, the postal service, Olympic Airways, and the railroads
are also required to maintain a skeleton staff during strikes.
The courts have the power to declare strikes illegal, although
such decisions are seldom enforced.  Unions complain, however,
that this judicial power serves as a deterrent to some of their
membership from participating in strikes.  In 1994 the courts
declared a majority of strikes illegal for a variety of
reasons, but no striking workers were prosecuted.  The
Government may also declare "civil mobilization" of workers in
the event of danger to national security, life, property, or
the social and economic life of the country.  It threatened to
do so when air traffic controllers staged a work slowdown in
August-September.  The ILO Committee of Experts has criticized
this power as violating the standards of ILO Convention 29 on
forced labor.  The Government resorted to civil mobilization in
December 1993 to resolve a bus owners' strike in opposition to
government efforts to deprivatize the Athens bus system.
     b.   The Right to Organize and Bargain Collectively
Legislation passed in 1955 and amended in 1990 ensured the
right to organize and bargain collectively in the private
sector and in public corporations.  These rights were respected
in practice.  There were no restrictions on collective
bargaining for private sector employees.  The Union of Civil
Servants negotiates with the Office of the Minister to the
Prime Minister.
In 1993 the Government passed a decree setting limits to wage
and salary increases for public enterprises employees.  A
complaint to the ILO by the General Confederation of Greek
Workers led the ILO Committee of Experts to request that the
Government stop intervening in the collective bargaining
process by setting maximum wage levels.
In response to union complaints that most labor disputes ended
in compulsory arbitration, legislative remedies were enacted in
1989 providing for mediation procedures, with compulsory
arbitration as a last resort.  The legislation establishing a
national mediation, reconciliation, and arbitration
organization went into effect in January 1992 and applies to
the public sector and public corporations (the military and
civil service excluded).
Antiunion discrimination is prohibited.  The Labor Inspectorate
or the courts investigates complaints of discrimination against
union members or organizers.  Court rulings have mandated the
reinstatement of improperly fired union organizers.
Greece has no export processing zones.
     c.   Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and the
Ministry of Justice enforces this prohibition.
     d.   Minimum Age for Employment of Children
The minimum age for employment in the industrial sector is
15 years, with higher limits for certain activities.  The
minimum age is 12 in family businesses, theaters, and the
cinema.  These age limits are enforced by occasional Labor
Inspectorate spot checks and are generally respected.  However,
families engaged in agriculture, food service, or merchandising
often have younger family members assisting them, at least
part-time.  Education is free and compulsory for all children
through the ninth grade.
     e.   Acceptable Conditions of Work
Collective bargaining between the GSEE and the Employers'
Association determines a nationwide minimum wage.  The Ministry
of Labor routinely ratifies this minimum wage, which has the
force of law and applies to all Greek workers.  The minimum
wage ($21 daily and $463 monthly) was sufficient for a decent
standard of living for a worker and family.
The maximum legal workweek is 40 hours in the private sector
and 37 1/2 hours in the public sector.  A law that took effect
in 1992 significantly extended legal operating hours for retail
establishments, provided that the average workweek did not
exceed the legal maximum over a period of time.  The law
provides for at least one 24-hour rest period per week,
mandates paid vacation of 1 month per year, and sets limits on
overtime.
Legislation provides for minimum standards of occupational
health and safety.  Although the GSEE characterized health and
safety legislation as satisfactory, it charged that
enforcement, the responsibility of the Labor Inspectorate, was
inadequate.  In 1992 the GSEE cited statistics indicating a
high number of job-related accidents over the past two
decades.  Inadequate inspection, failure to enforce
regulations, outdated industrial plant and equipment, and poor
safety training of employees contributed to the accident rate.
Workers did not have the legal right to remove themselves from
situations they believed endangered their health.  They did
have the right, however, to lodge a confidential complaint with
the Labor Inspectorate.  Inspectors had the right to close down
machinery or a process for a period of up to 5 days if they saw
safety or health hazards which they believe represented an
imminent danger to the workers.
GRENADA1
!=!=TITLE:  GRENADA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            GRENADA
Grenada is a parliamentary democracy, with a Governor General
as titular Head of State.  When no political party received a
clear majority in the 1990 elections, the Governor General
appointed Nicholas Brathwaite as Prime Minister.  He
successfully formed a majority government around National
Democratic Congress (NDC) parliamentarians.  The next elections
must be held by July 1995.
The 750-member Royal Grenada Police Force is responsible for
maintaining law and order.  It is controlled by and responsive
to civilian authorities.
Grenada has a small free market economy based upon agriculture
and tourism.  The real economic growth rate was about 2.1
percent in mid-1994, in comparison with 1.0 percent in 1993.
Grenadians enjoy a wide range of civil and political rights.
Human rights problems included allegations of police brutality
in the course of criminal investigations, but there were no
documented cases.  The Commissioner of Police handles
perceptions of police abuse swiftly and effectively.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.
     b.  Disappearance
There were no reports of politically motivated disappearances
or abductions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution specifically prohibits torture, and there were
no reported incidents of torture in 1994.  The press
occasionally reported individual claims of police brutality,
some of which arose following the complainants' alleged
attempts to resist arrest.  The Police Commissioner supervised
officers investigating a few complaints, but did not release
any results.  No one brought a case of police brutality before
the courts in 1994.  The Police Commissioner can discipline
officers in valid cases of brutality with penalties which may
include dismissal from the force.  The Police Commissioner has
spoken out strongly against police use of unlawful force.
Flogging, a legal form of punishment, is rare but has been used
recently in sex crime and theft cases.
     d.  Arbitrary Arrest, Detention, or Exile
According to law, the police have the right to detain persons
on suspicion without a warrant, but they must bring formal
charges within 48 hours.  The police adhered to this time limit
in practice.  If the police do not charge a detainee within 48
hours, they must release the person.
The law provides for a judicial determination of the legality
of detention within 15 days after arrest on a criminal charge.
The police must formally arraign or release a detained person
within 60 days, and the authorities generally followed these
procedures.  There is a functioning system of bail, although
persons charged with capital offenses are not eligible.
Persons charged with treason may be accorded bail only upon
recommendation of the Governor General.
In 1994 no one was detained for political reasons.  Exile is
not practiced.
     e.  Denial of Fair Public Trial
The law provides for the right to a fair public trial, and the
authorities observe it in practice.  There is a presumption of
innocence, and the law protects persons against
self-incrimination and requires the police to explain a
person's rights upon arrest.  The accused has the right to
remain silent and to seek the advice of legal counsel.  The
lawyer has the right to be present during interrogation and may
advise the accused how to respond or not to respond to
questions.  The accused has the right to confront his accuser.
Those arrested on criminal charges are brought before an
independent judiciary.  Following a determination by a judicial
hearing that there is sufficient evidence to substantiate a
criminal charge, the judge remands the defendant for trial.
The court appoints attorneys for indigents only in cases of
murder or other capital crimes.  In other criminal cases that
reach the appellate stage, the court will similarly appoint a
lawyer to represent the accused if he was not previously
represented or reappoint the defendant's earlier counsel if the
appellant can no longer afford the lawyer's services.  Due to
the backlog of cases caused by a shortage of judges and
facilities, up to 6 months can pass before those charged with
serious offenses face trial in the High Court.  With the
exception of murder and foreign-born drug suspects, the courts
grant most defendants bail while awaiting trial.
The judiciary, a part of the Eastern Caribbean legal system, is
highly regarded and independent.  Final appeal may be made to
the Privy Council in the United Kingdom.  There are no military
or political courts.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for protection from these abuses, and
there were no reports of such actions.  The law generally
requires judicially issued warrants for searching homes, except
in cases of hot pursuit.  The Firearms Act of 1968 and the Drug
Abuse Prevention Act No. 7 of 1992 contain other exceptions
which give the police and security units legal authority to
search persons and property without warrants in certain
circumstances.  In practice, police obtain warrants in the
majority of cases before conducting any search.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the Government does not restrict these rights.  There are four
weekly newspapers and several newspapers which publish
irregularly.  One of the weeklies is affiliated with an
opposition political party, but the three most widely
circulated newspapers are independent and are frequently
critical of the Government.  The newspapers frequently carry
press releases by the opposition parties, one of which
regularly provides a weekly column expressing the opposition
party's views.
Grenada has four radio stations.  The main station is part of
the Grenadian Broadcasting Corporation (GBC), a statutory body
not under direct government control.  Grenada's main television
station is also part of the GBC.  A privately owned television
station began broadcasting in 1992, and a cable company began
operating in the capital area with plans to expand eventually
throughout the country.  Throughout 1994 the television news
often carried reports on opposition activities.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble for any
peaceful purpose.  Supporters of political parties meet
frequently and hold public rallies; permits are required for
the use of a public address system but not for public meetings
themselves.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this provision.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement within the
country, and all citizens have the right to enter and leave the
country, except in special circumstances as outlined in and
limited by the 1986 Act to Restrict the Freedom of Movement of
Certain Persons.  This law allows the Minister for National
Security to restrict travel out of Grenada by any person whose
aims, tendencies, or objectives include the overthrow of the
democratic and parliamentary system of government; it has not
been invoked in the past few years.  Anyone so restricted may
appeal after 3 months to an independent and impartial tribunal.
The Chief Justice appoints an accredited lawyer to preside over
such a tribunal.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for the right of citizens to change
their government through elections to be held at least every 5
years.  It provides that Parliament sit no longer than 5 years
and that the Governor General call elections within 3 months of
its dissolution.  Grenadians held national elections in 1984
and 1990.
There are no restrictions in law or practice on participation
by women in government and politics.  Two of the 15 elected
members of Parliament are women, as well as 2 of the 13
appointed senators, 1 of whom is Senate president.  Women
account for five of the nine permanent secretaries, the highest
civil service position in each ministry; in addition, a woman
is the Cabinet Secretary, the highest civil service position in
the Government.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights groups operate without government
restriction, and the Government cooperates with visits from
international human rights organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based upon race,
place of origin, political opinions, color, creed, or sex, and
the Government generally adheres to these provisions.
     Women
There is no evidence of official discrimination in health care,
employment, or education.  Women frequently earn less than men
performing the same work; such wage differences are less marked
for the more highly paid jobs.  Knowledgeable women's rights
monitors report that violence against women in Grenada is
common and that most cases of spouse abuse go unreported.  The
police confirm that most cases of alleged abuse are not
reported and others are settled out of court.  Grenadian law
stipulates a sentence of 15 years' imprisonment for a
conviction of rape.  Sentences for assault against a spouse
vary according to the severity of the incident.
     Children
The Social Welfare Division within the Ministry of Labour
provides probationary and rehabilitative services to youths,
day care services and social work programs to families,
assistance to families wishing to adopt or foster children, and
financial assistance to the three children's homes in Grenada
run by private organizations.
The Government reported 47 cases of child abuse through
September.  The law provides for harsh penalties against those
convicted of child abuse and disallow the victim's alleged
"consent" as a defense in cases of incest.
     People with Disabilities
The law does not protect job-seekers with disabilities from
discrimination in employment, nor does it mandate provision of
accessibility for public buildings or services.  The National
Council for the Disabled, which receives a small amount of
financial assistance from the Government, was instrumental in
placing visually impaired students into community schools,
which in some cases previously were reluctant to accept them.
The Council also approached architects to assist in
construction of ramps at various hotels and public buildings,
and ramps have already been installed at some hotels.
Section 6  Worker Rights
     a.  The Right of Association
All workers are free to organize independent labor unions.
Labour Ministry officials estimate the percentage of the work
force that is unionized to be between 20 and 25 percent.  Union
leaders play a significant role in the political process, and
one labor leader serves in the Senate.
While workers in the private sector are free to strike at will,
workers in the public sector must give advance notice.  There
were several incidents of industrial action including strikes
in 1994, but all were short-lived and settled with the
intervention of the Ministry of Labour.  All unions were free
of government control, and none received government financial
support.  All the major unions in Grenada belong to one
umbrella labor federation, the Grenada Trades Union Council
(GTUC), which holds annual conventions and determines some
policies for member unions.  The GTUC and its unions freely
affiliate with regional and international trade union groups.
     b.  The Right to Organize and Bargain Collectively
Workers are free to organize and to participate in collective
bargaining.  Legislation requires employers to recognize a
union that represents the majority of workers in a particular
business.  The law prohibits antiunion discrimination by
employers against union members and organizers.  If a complaint
of discrimination arises, mechanisms exist to resolve it.
After all avenues for resolving a complaint have been exhausted
between union representatives and employers, both sides may
agree to ask for the assistance of the Labour Commissioner.  If
the Labour Commissioner is unable to find a resolution to the
impasse, the Minister of Labour may appoint an arbitration
tribunal if both parties agree to abide by its ruling.  The law
requires employers found guilty of antiunion discrimination to
rehire dismissed employees, but in most cases the employee
accepts the option of compensation rather than return to work.
No such cases took place in 1994.
Unions may organize and bargain anywhere in the country,
including in export processing zones (EPZ's), which are not
exempted from Grenada's labor legislation.  However, the one
unionized firm previously operating in an EPZ closed its
Grenada-based operations.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits forced labor, and there
were no reports of it.
     d.  Minimum Age for Employment of Children
The statutory minimum age for employment of children is 16
years.  Inspectors from the Ministry of Labour enforce this
provision in the formal sector by periodic checks.  Enforcement
efforts in the informal sector are lax.
     e.  Acceptable Conditions of Work
Legislation sets minimum daily wage rates for the agricultural,
industrial, and commercial sectors.  Most recently revised in
1990, minimum wages vary from $4.80 (EC$13) per day for farm
laborers to $556 (EC$1,500) per month for administrators.  Most
workers, including nonunionized ones, receive other benefits
from their employers through the collective bargaining
agreements reached with that firm's unionized workers.  Even
when these benefits are added to wages from a full-time minimum
wage job, it is insufficient to provide a decent standard of
living.
The law does not prescribe a set number of hours as the
standard workweek, except for the public sector which is
expected to work a 40-hour week Monday through Friday.  The
normal workweek in all sectors seldom exceeds 40 hours,
although in the commercial sector this includes Saturday
morning work.
The Government sets health and safety standards, but they are
minimal, and the authorities do not effectively enforce them.
Workers can remove themselves from dangerous workplace
situations without jeopardy to continued employment.
GUATEMAL1
rTITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           GUATEMALA
Guatemala's 1985 Constitution calls for election by universal
suffrage of a one-term President and a unicameral Congress.  It
also mandates an independent judiciary and a Human Rights
Ombudsman, who is elected by and reports to the Congress.  On
June 5, 1993, Congress elected then Human Rights Ombudsman
Ramiro De Leon Carpio to finish the presidential term of Jorge
Serrano, who had been constitutionally deposed from office
following his attempt to seize full power.  President De Leon
launched an anticorruption campaign that led to a political
confrontation with the legislature and Supreme Court, both
widely seen as corrupt.  This confrontation was finally
resolved with a January 30 referendum on constitutional
changes, which led to new congressional elections in August and
the October replacement of the Supreme Court.
The armed forces operate with considerable institutional and
legal autonomy, particularly in security and military matters.
With the entry into force of the new Criminal Procedures Code,
military personnel accused of committing common crimes are
subject to trial in civilian courts.  The 43,000-man army,
which has responsibility for national security, has fought a
leftist insurgency for more than three decades.  The Minister
of Government oversees the National Police and the Treasury
Police, which share responsibility for internal security with
the army.  In March President De Leon appointed the then head
of army intelligence as Vice Minister of Government, reversing
a trend he began upon taking office of removing military
personnel from civilian law enforcement positions, but he
removed him at the end of the year.  The Government announced
the establishment of a civilian intelligence service, intended
to diminish presidential reliance on military intelligence.
An estimated 430,000 men serve in civil self-defense committees
called Civil Defense Patrols (PAC's), some of which conduct
counterinsurgency patrols in rural areas.  Although these are
ostensibly voluntary, the Human Rights Ombudsman and the
Catholic Archbishop's human rights office reported that in some
regions PAC members were compelled to join the patrols, in
violation of the Constitution.  Security forces and especially
PAC's and civilian military commissioners--who are the
intermediaries between the PAC's and the armed forces--
committed numerous serious human rights violations.
The Government and the leftist Guatemala National Revolutionary
Unity (URNG) insurgents resumed peace talks in January and
reached a human rights accord in March.  Many human rights
monitors criticized the Government for being lax in fulfilling
its commitments under the March accord.  The agreement, which
took force immediately, led to the November introduction of a
U.N. human rights verification mission into Guatemala.  At
year's end, peace negotiations were continuing.
The agriculture-based, private sector-oriented economy was
projected to grow by approximately 4 percent in real terms in
1994, which would produce an increase in per capita income of
about 1 percent.  Inflation was expected to exceed 10 percent.
There is a marked disparity in income distribution, and poverty
is pervasive, particularly in the large indigenous community.
Both government authorities and guerrilla groups committed
serious human rights abuses during the year.  While human
rights activists now have greater freedom to report, comment,
and denounce abuses, statistics prepared by the Archbishop's
human rights office, utilizing media reports and interviews
with victims, show a substantial increase in human rights
violations, especially extrajudicial killings.  The Ombudsman's
office, which compiles data based on personal interviews with
victims and their families, noted that reports of human rights
complaints increased from 1993.  PAC's, military commissioners,
members of the army, police, and guerrillas, as well as
leftwing and rightwing extremist groups, all committed major
violations, including extrajudicial killings, political
kidnapings, death threats, and forced recruitment.  Political
killings, for example, continued at an alarming rate, and the
Government failed to investigate them adequately or to bring
perpetrators to justice.  Government forces and unknown
perpetrators increased attacks on labor union leaders and
members, involving killings, death threats, physical abuse, and
other forms of mistreatment and harassment.  Guerrilla abuses
included kidnapings, the widespread use of mines and explosives
in civilian areas, forced recruitment of children, and reprisal
attacks against persons who refused to pay extortion.  Both
legal and societal discrimination against women continued, as
did societal abuse of children and discrimination against
indigenous peoples.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Politically motivated killings continued and, due to the lack
of political will and law enforcement resources, with few
exceptions the Government failed to investigate them fully or
to detain or prosecute the perpetrators.  Individual members of
the security forces (military, PAC's, military commissioners,
and the police), leftist guerrilla and rightwing extremist
groups were responsible for political and extrajudicial
killings.  The Human Rights Ombudsman's office listed 287 cases
of possible extrajudicial killings.  The Archbishop's human
rights office reported 355 extrajudicial killings in 1994,
compared with 248 in 1993 and 204 in 1992.  The Church office
labeled 42 of the extrajudicial killings as definitely
political and 237 as presumed political.  Neither human rights
office broke down the figures according to the organization
believed to be responsible, but both government security forces
and leftist guerrilla forces committed such offenses.
PAC leaders and military commissioners are feared in many rural
communities.  They enjoy army backing and, often, de facto
immunity from prosecution.  The Archbishop's human rights
office reported that the executive branch failed to carry out
arrest warrants against 24 military commissioners and PAC
members for their involvement in human rights crimes.  With the
exception of the arrest of a few PAC members accused of
involvement in the 1993 Jorge Carpio murder, the authorities
rarely held PAC members accountable for their crimes.
Despite being aware of the locations of various PAC members
wanted for involvement in the 1993 Colotenango killing of Juan
Chonay Pablo and the 1993 Quiche killing of Tomas Lares
Cipriano, the Government failed to carry out the majority of
the arrest warrants.  In the Juan Chonay Pablo killing, which
occurred during an anti-PAC demonstration, the authorities
issued 15 arrest warrants for PAC members but arrested only
2 persons.  They released one for insufficient evidence linking
him to the crime; the Public Ministry requested the release of
the other under personal bond.  Three more persons turned
themselves in, but the authorities released two of them for
lack of evidence.  At the end of the year, no one was in jail
awaiting trial.  In March the Inter-American Commission on
Human Rights (IACHR) requested that the Government take
precautionary measures to protect witnesses and victims' family
members.  In July based on new evidence of continuing
harassment of these individuals, the IACHR requested the
Inter-American Court of Human Rights to order the Government to
take additional precautionary measures and to dissolve the
local PAC.  The Court accepted the request in November and
ordered the Government to take these additional measures, which
the Government agreed to do.  However, the Court did not agree
to order the Government to dissolve the PAC's.
In the Lares Cipriano killing, the authorities charged six PAC
members with murdering him after he resigned from their
patrol.  The authorities arrested two persons, later released
under personal bonds, dismissed all charges against another
person who turned himself in, and did not carry out arrest
warrants against the remaining three persons.
On May 31, a joint military-police operation arrested four San
Pedro Jocopilas PAC members and military commissioners wanted
for alleged involvement in the July 1993 murder of newspaper
publisher and former presidential candidate Jorge Carpio.
However, judicial authorities later released all four, citing
insufficient evidence tying them to the crime.  The Carpio
family appealed the release and criticized the Government for
failure to carry out the arrest warrants for six other PAC
members wanted in this case.  On June 26, unknown perpetrators
killed a PAC member accused of having participated in this
matter.  On September 7, three other PAC members and military
commissioners wanted by the authorities turned themselves in.
On October 12, the Quiche Department Police Chief, who had
ordered the capture of four PAC members, was murdered.
On December 5, attorneys presented their closing arguments in
the Jorge Carpio murder trial.  Only one jailed defendant and
two other defendants currently on bond were present for the
hearing.  Both sides will have an opportunity to present new
evidence prior to the trial court's decision.  Members of
Carpio's family have been threatened since his death.  On June
25, unknown armed persons rammed Karen Fischer de Carpio's car;
when they determined she was not in the car, they left death
threats against Fischer with her driver.  Fischer subsequently
left Guatemala with her children for the United States where
she remained for several weeks.  After returning to Guatemala,
Fischer met with the then Vice Minister of Government, a
military officer and formerly the director of military
intelligence, whom she later claimed had threatened her if her
family did not desist from assertions that senior military
officers were behind the Carpio murder.
The Archbishop's human rights office reported that army
personnel or former PAC members killed retired army officer
Lieutenant Diaz on June 20.  The killers, who apparently had
participated with Diaz in the 1981-82 Rabinal massacres,
allegedly murdered Diaz to prevent him from publicly commenting
or testifying on the massacres.  The Church office asserted
that the deaths of two other Rabinal residents, a military
commissioner and the son of the landowner where exhumations
were taking place, were orchestrated to send a message to the
Rabinal community to remain silent.  There are credible reports
by the media and the Archbishop's human right's office that in
July the army conducted house-to-house inspections and
interrogations in the community and told male residents in a
community meeting not to participate in the exhumations.  While
not admitting these events took place, the authorities
transferred the senior officer who allegedly called the meeting.
On April 1, Constitutional Court president Epaminondas Gonzalez
Dubon was killed while returning from Holy Week religious
processions; the motive behind the crime remains undetermined.
Initially, many believed that the murder was an intimidation
attempt by those wishing to destabilize the De Leon
administration or a reprisal directed at the judge for his
anti-Serrano role in May 1993.  On April 26, the Government
announced the arrest of 12 persons, members of an alleged car
theft ring, 4 of whom were said to have participated in the
shooting.  Only two remain in jail awaiting trial; the
authorities released the others due to insufficient evidence.
On November 11, during a University of San Carlos student
demonstration against an increase in national bus fares,
student activist Mario Sanchez Lopez was killed after police
pursued demonstrators onto the barricaded university grounds in
response to student-made Molotov cocktails and shots fired from
the interior of the university.  According to the government
autopsy, Lopez died of gunshot wounds from unknown assailants.
However, credible eyewitnesses' reports and photographs also
detail the police beating Lopez.  These eyewitnesses also
reported that nonstudents had provoked the confrontation with
the police.  Soon afterward, the Prosecutor General called for
the courts to carry out arrest warrants for the police officers
who participated in the disturbance.  However, the trial judge
sent the case back to the prosecutor's office requesting more
information.
Unknown persons have also targeted journalists for killing and
acts of violence (see Section 2.a.).
On August 24, police killed 2 persons and wounded 11 when they
used excessive force to dislodge striking workers from a ranch
known as "La Exacta" in Coatepeque.  A third person allegedly
disappeared; his body was found some distance from the ranch
the following day.  The workers had taken over the ranch in an
attempt to pressure their supervisors to comply with a labor
court order that the employers obey labor laws, pay workers the
minimum wage and overtime, as well as grant vacation, sick
leave, and other mandatory bonuses.  Rather than comply, the
owners reportedly fired approximately 79 employees.  After
initially saying the police had acted in accordance with the
law, President De Leon later expressed his regret for the
tragedy, saying he had misspoken earlier based on preliminary
police reports and that a full investigation would be made.  On
September 15, residents found the body of another peasant who
had participated in the strike.  The Archbishop's human rights
office reported that this person was kidnaped and then killed
in reprisal for his participation in the strike.  Initially, 23
police officers were brought before the court but were later
released pending investigation.  To prevent possible
retaliation against the workers, the judge also ordered that
the police stay away from the ranch.
The Archbishop's human rights office said the URNG's "united
front" was responsible for the early September murder of army
reserve junior officer Amarildo Sanan Hernandez in
Chimaltenango.  Guerrillas stopped Sanan, who was dressed in
civilian clothes, at a roadblock, where he drew a revolver to
defend himself.  A guerrilla shot Sanan in the leg; he then
attempted to crawl away, but the guerrillas fired at him again,
immobilizing him.  As Sanan lay unable to move, the guerrillas
searched him and discovered a military leave document,
whereupon they struck him with fatal machete blows across the
face and neck.
There was some progress in certain past high-profile cases.  On
February 8, the Supreme Court confirmed the 25-year sentence
given to former government security agent Noel De Jesus Beteta
for the 1990 killing of Myrna Mack.  The Court left legal
proceedings open against the alleged intellectual authors of
the crime, former senior military officers who appealed the
decision to the Constitutional Court.  In December the
Constitutional Court ruled in favor of Helen Mack, Myrna's
sister, that the case against the intellectual authors may
proceed.  However, it failed to overrule a Supreme Court
decision denying her request that it order the release of
executive branch documents concerning her sister's murder.  The
executive branch maintained it did not have any files not
already in the hands of the court.
On May 18, the court of appeals confirmed the 2-year suspended
sentence and $40 fine against the corporal whose absence from
post facilitated the May 1993 escape of Captain Hugo Contreras,
who had just been convicted and sentenced to 20 years in prison
for killing U.S. citizen Michael Devine in 1990.  Captain
Contreras remains a fugitive.  On September 6, the Supreme
Court confirmed the 30-year sentence given the five enlisted
men convicted in the Devine murder.  However, the Government
never brought to trial the senior officers believed to be
involved in covering up the crime.  Two relatives of witnesses
who testified at the Devine trial (one civilian and one
soldier) were killed; another (a soldier) was shot in the leg
under suspicious circumstances.  The dead soldier was found
with his tongue cut out, hands mutilated, and a bullet wound in
his skull.  Additionally, two other relatives have been targets
of intimidation.
The Blake family, who in 1993 filed a petition with the IACHR
accusing the Government of institutional responsibility for and
coverup of the 1985 abduction and murder of U.S. citizens
Nicholas Blake and Griffith Davis by PAC members, continued to
pursue their case.  In December 1993, a Blake relative met with
President De Leon and sought unsuccessfully a settlement in
lieu of petitioning the IACHR.
On March 18 and August 22, the Constitutional Court dismissed
appeals filed by 21 former "Hunapu" anticrime task force police
officers over their lengthy (more than 20 years) prison
sentences, which had been previously confirmed by the Supreme
Court.  The officers had been found guilty in the 1992 death of
university student Julio Rigoberto Cu Quim and injury to six
other students.  The case remains under Supreme Court review.
The IACHR reported that, on September 11, a leading witness and
survivor of the 1988 "white van" case, Oscar Vasquez, was
killed along with his son.  In this case, which remains before
the Commission, Treasury Police personnel are accused of having
kidnaped, tortured, and assassinated civilians in 1988.  During
a subsequent investigation, a judge involved in the case was
abducted and his assistant killed.
There was no progress in resolving numerous other outstanding
extrajudicial killings, including the 1989 disappearances and
murders of university students, the 1990 Hector Oqueli
Colindres and Gilda Flores killings, the 1990 disappearance of
Maria Tiu Tojin and her daughter, the 1991 murder of police
detective Jose Luis Merida Escobar, the 1991 disappearance of
Diego Domingo Martin, the 1992 kidnaping, torture, and murder
of Huehuetenango peasant Lucas Perez Tadeo, the 1993 shooting
of street children Henry Yubani Alvarez and Francisco Tziac,
the 1993 shooting of student protester Abner Abdiel Hernandez
Orellana, or past kidnapings and murders of various members of
the Runujel Junam Council of Ethnic Communities (CERJ), a
rural-based human rights organization.  The Government's
frequent inability to deter, prosecute, or punish those
responsible for such offenses is a major impediment to human
rights progress.
     b.  Disappearance
The Archbishop's human rights office reported 41 forced
disappearances, as compared with 45 in 1993.  It labeled 1
disappearance definitely political and classified 32 as
presumed political.  Victims included a human rights activist,
union employees, private sector employees, entrepreneurs,
farmers, a soldier, a policeman, and others.  The Ombudsman's
office received 60 complaints of forced disappearance.  The
Government did not identify or prosecute the perpetrators of
any of these disappearances.
Sister Dianna Ortiz returned to Guatemala in January and again
in November to press authorities to take action on her 1989
kidnaping and torture case.  In January she accompanied
Guatemalan officials on judicial inspections of the Guardia De
Honor barracks and the old military academy.  Ortiz identified
the latter as the place where she was sexually abused and
tortured.  Shortly after entering the facility, Ortiz was
overcome by emotion and unable to identify the specific site of
the violations, which she says occurred in the basement of the
facility.  However, the inspection team failed to discover any
subterranean levels.  The army maintains none ever existed.  A
previously filed petition on this case remained pending before
the IACHR at year's end.
On January 12, Lorenzo Quiej Pu, a member of CONDEG, an
organization dedicated to helping Guatemalans who have been
internally displaced due to the armed conflict, disappeared
after leaving his home.  Members of CONDEG and Quiej family
members reported that prior to the disappearance, they had
received threats stemming from the organization's occupation of
privately owned land.  The authorities charged no one with this
disappearance.
The whereabouts remain unknown of San Marcos PAC members
Margarito Lopez and Obdulio Zapeta, army enlisted man Diego
Chel Matom, and farmers Ramona Munoz and Maritza Gil who were
allegedly kidnaped in 1993 by guerrillas.  Reliable reports
link the guerrillas to various kidnapings for profit, including
that of wealthy industrialist Fraterno Vila.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution provides for the integrity and security of the
person.  However, as in past years, many bodies were found
throughout the country bearing signs of severe disfigurement or
post mortem mutilation.  The Human Rights Ombudsman's office
listed 18 potential cases of torture in 1994.  The Archbishop's
human rights office listed 17 cases of torture, compared with
18 cases in 1993.  In a typical case, unknown armed men
kidnaped a law student in January after he left work, then beat
him, burned him with cigarettes, and left him unconscious.
There were credible reports of mistreatment by security forces,
including sexual abuse of minors and adults, and use of
excessive force by police at the time of arrest.  Additional
reports indicated that, especially in rural areas, the URNG
guerrillas, the army, civil defense patrols, military
commissioners, and the police at times used excessive force
against the civilian population.  CERJ reported that Juan
Osorio Vasquez filed a legal complaint alleging that on July
21, PAC members had accused him of being a guerrilla, kidnaped
him, tied a rope to his neck, hung him from a beam, and left
him for dead.  Family members later arrived and rescued Osorio.
Some peasants in areas of conflict around Huehuetenango have
alleged to the army that members of "Comite De Unidad
Campesino," a farm workers' organization composed of indigenous
people, have threatened them with death due to their allegiance
to the army.
Casa Alianza, an organization dedicated to assisting street
children, reported five instances in which National Police
abused street children between January and late December.  On
March 3, Casa Alianza filed charges against four police
officers accused of inducing street children to steal for
them.  The police never formally charged the accused and
instead transferred them to another part of Guatemala City.  On
July 14, the National Police referred a case of police abuse
against a minor to the courts after concluding that five
policemen had abused their authority in the March 4 beating of
Luis Antonio Roldan Izeppi.  Casa Alianza also filed charges
against the National Police for an August 15 incident in which
three policemen sprayed paint thinner at the face of sleeping
street child Luis Alfredo Bonilla Juarez.  On December 11,
three National Police officers chased six street children, who
were attempting to steal another street child's shoes, to Casa
Alianza offices.  The police caught up with four children at
the door step, beat them, and arrested one child.  There were
numerous other reports of policemen illegally detaining street
children; the authorities rarely took action in any of these
incidents.
Casa Alianza also reported that private security guards
routinely abuse street children and that this abuse has led to
the death of seven children.  While a number of cases of
national and private police abuse remain pending, there have
been no successful convictions.
     d.  Arbitrary Arrest, Detention, or Exile
Despite legal safeguards, there were frequent credible reports
of arbitrary arrest by the security forces, incommunicado
detention, and failure to adhere to the prescribed time limits
for legal procedures.  The law requires a court-issued arrest
warrant unless a person is caught in the act of committing a
crime.  Police may not detain a suspect for over 6 hours
without bringing the case before a judge.  The law provides for
bail and access to lawyers.  The authorities arrested 17,823
persons in 1994; of those, 3,872 persons remain in jail
awaiting trial, which represented 71 percent of the total
prison population.
The security forces routinely ignore writs of habeas corpus in
cases of illegal detention.  There are no reliable data on the
number of arbitrary detentions.  The Archbishop's human rights
office charged that prisoners are sometimes not released in a
timely fashion after completing their sentences due to the
failure of judges to issue the necessary court order.
The Constitution prohibits exile and it is not practiced.
     e.  Denial of Fair Public Trial
The judicial system is ineffective and often unable to ensure a
fair trial.  However, defendants have the right to be present
at trials and to legal representation.  An appeals court
automatically reviews convictions.  The Constitution provides
for an independent judiciary composed of a Constitutional
Court, a Supreme Court, appeals courts, and several courts of
special jurisdiction, such as labor courts.  The Supreme Court
appoints judges; the Congress appoints magistrates, or
appellate court judges, from a list prepared by a selection
committee composed of judges, lawyers, and university deans.
The new Criminal Procedures Code, which took effect on July 1,
effects significant changes in the way criminal trials are
conducted.  These include new provisions for a public defender
to provide legal counsel to the accused, especially important
in the new oral trial setting.  The new Code also modified the
Military Code of Justice to extend jurisdiction by civilian
courts over military personnel for offenses "not essentially
military in nature."  These reforms will be phased in once the
Government drafts specific implementing rules or regulations.
Prior to the Code's enactment, military courts retained
jurisdiction over military personnel, including military
commissioners who commit crimes while on official business,
thus limiting the ability of civil courts to prosecute persons
under military control in human rights abuse cases.  PAC
members are civilians and are not under military jurisdiction.
The following factors hampered the Code's implementation:  A
lack of funding for education, political differences between
the executive and judicial branches, intransigence by many
members of the criminal bar, constitutional challenges, and
inadequate preparation by law enforcement agencies.  As of
early December, only three oral trials had been conducted, as
required under the new procedures.  Meanwhile, the backlog of
criminal cases continued to mount.
Most human rights violations are not investigated; security
force personnel are reluctant to investigate cases potentially
involving colleagues.  Police are very poorly paid, relatively
few in number, and lack adequate resources and training.
Judges are susceptible to intimidation and corruption and
suffer from low pay, bad working conditions, and low morale.
Officials from the Archbishop's human rights office and the
Human Rights Ombudsman's offices, including the Ombudsman
himself, have received threats.
There were public accusations that the Supreme Court pressures
lower court judges to decide cases in line with its wishes.  In
1993 the Constitutional Court ruled that the Supreme Court
practice of arbitrarily transferring justices was
unconstitutional, thereby limiting one means of Supreme Court
interference in lower court cases.
Members of the judiciary also continued to receive threats in
an attempt to influence decisions or as reprisals for past
decisions.  In February Judge Yolanda Perez received death
threats after she appeared at a local army base with the local
auxiliary ombudsman for human rights requesting to see a
serviceman reported to be missing.  Cotzumalguapa justice of
the peace Carlos Humberto Dardon Reyes reported receiving death
threats after he sent U.S. citizen Melissa Larson to the
Escuintla department court house for her protection in March,
after a mob wrongly accused her of transporting baby organs in
her backpack.  In July third district appellate court judge and
judicial reform activist Maria Eugenia Villasenor reported she
and other appellate magistrates had been harassed in attempts
to influence decisions in high profile cases.  (The third
district court had issued rulings in a variety of cases
involving the security forces.)  On August 29, a policeman
assigned to protect Villasenor was kidnaped, interrogated, and
assaulted.  Following this incident, Villasenor left the
country for a number of weeks.
GUATEMAL2
totoTITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
On January 19, unknown persons purposely set fire to the
judicial records building in Santa Cruz De Quiche, which held
numerous files regarding PAC abuses.  Quiche Judge Francisco
Perez stated that just before the fire he received threats from
Joyabaj PAC members attempting to persuade him to release two
of its members charged with committing multiple crimes,
including the deaths of numerous persons.
Corruption continues to plague the proper functioning of the
police force.  On June 25, a live grenade was tossed at the
residence of anticorruption transit police chief Ernesto Ruiz
Saenz De Tejada.  Ruiz was not injured in this attack, but he
resigned from the police force shortly afterward.
There are no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of home,
correspondence, and private documents, but the authorities do
not always respect these provisions.  Elements of the security
forces continue to monitor private communications.  Many human
rights monitors reported receiving threats in the form of
surveillance, telephone calls, and anonymous letters.
On March 11, a year after an arrest warrant had been issued,
Juan Jose Garcia Orellana, a postal control officer charged
with operating a mail espionage ring in the post office for the
presidential security staff under the Serrano administration,
turned himself in to judicial authorities.  The authorities are
still gathering evidence in this case.
Through July, officials enforcing the military draft continued
to stop vehicles and enter homes and places of business without
legally required court orders.  Prior to August, under
recruitment practices adopted in some departments, potential
draftees receive three induction notices, after which they are
arrested if they do not report for enlistment.  Under the law,
such arrests must be effected pursuant to a court order.
On June 14, Amilcar Mendez, the founder of CERJ, filed a
lawsuit against Defense Minister Enriquez charging that the
armed forces' forced recruitment practices violated
constitutional provisions regarding obligatory military
service.  However, a court ruled the judicial branch did not
have jurisdiction over this matter because the Minister of
Defense had immunity from prosecution, which only Congress
could remove.  It referred the immunity question to the
Congress, which ruled that the case lacked legal merit, thus
effectively dismissing the entire lawsuit.
Through July 30, the Archbishop's human rights office handled
89 individual cases of forced recruitment.  In the same period,
the Human Rights Ombudsman's office reported receiving 663
complaints of forced recruitment.  The office obtained the
release of 268 persons from military service, of whom 79 were
minors.  On June 29, Defense Minister General Enriquez
announced a 6-month moratorium on forced recruitment, which was
confirmed by President De Leon during the June 30 Army Day
celebrations.  However, the Ombudsman reported three separate
instances of forced conscription in July.  On August 28, the
Defense Ministry once again ordered a suspension of forced
recruitment; since then, there were no further reports of
forced recruitment.  The army has continued the practice of
setting up draft boards consisting of the zone military
commander, the local representative of the Human Rights
Ombudsman's office, and other civilian leaders.
The Constitution requires that PAC service be voluntary.
However, army officers, military commissioners, and PAC leaders
often pressure men in areas of conflict to become members.
Nevertheless, PAC's do appear to enjoy some popular support; a
majority of respondents in a recent academic survey conducted
for the Human Rights Ombudsman in seven departments claimed to
be pleased with the PAC membership and with the PAC presence in
their communities.  However, some human rights monitors have
charged that PAC members may have felt intimidated by fellow
PAC members and did not give completely candid answers.
In June and July, CERJ filed a legal complaint on behalf of
former PAC member Juan Antonio Chumel with local judicial
authorities and the IACHR stating that since 1988, when Chumel
left the PAC's, PAC members threatened and intimidated Chumel
to the extent that he was forced to leave his community for
fear of his life.  There are other credible reports that others
who refused to serve in the PAC's suffered threats and other
abuses.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Guatemala's armed internal conflict entered its 34th year and
continued to be a major cause of human rights violations by
both government and guerrilla forces.
Communities of People in Resistance (CPR), groups of displaced
persons who have lived in remote areas to avoid army control
since the 1980's, claimed army harassment throughout the year,
including late evening helicopter overflights and restriction
of commerce.  Reflecting increased security in the valleys, in
February, a number of CPR's came down from the mountains and
established permanent villages.
According to statistics reported by the Archbishop's human
rights office, repeated URNG attacks against civilian
infrastructure targets damaged electrical and communication
facilities and petroleum storage areas.  The Church office
reported two persons injured by exploding mines planted by
guerrillas.  On August 22, guerrillas fired indiscriminately at
a civilian bus injuring 11 persons and killing 1 during an
attack against army units in Chupol, Chichicastenango.  On
various occasions guerrillas have also burned farms and
destroyed property of farm owners who refused to pay extortion.
Terrorist bombings conducted by unknown perpetrators continued
throughout the year.  Before the January 30 national
referendum, 25 explosive devices detonated or were deactivated
in Guatemala City alone.  Several of these devices were
accompanied by URNG leaflets.  Other bomb attacks were believed
to be orchestrated by free-lancing rightist groups opposed to
the referendum.  On March 6 and 7, bombs exploded at two key
bridges leading from the capital.  The army and the URNG
accused each other of planting the bombs.  On September 1, two
more pamphlet bombs exploded in the capital, releasing URNG
literature.  The home of a businessman and partial owner of the
newsweekly Cronica was bombed in June.  (He is the brother of
former peace talks conciliator and current president of the
Civil Society Assembly, Bishop Rodolfo Quezada.)  On September
22, three bombs went off in residential zones, killing one
child who was watching cars in exchange for tips.  On several
occasions death threat lists, including the names of human
rights and labor leaders and newspaper journalists, circulated,
but no one listed was injured or killed.
On August 12, a lower court judge dismissed the amnesty granted
four recently captured URNG guerrillas.  However, these
guerrillas were freed under a Penal Code provision, a move
considered legally controversial.  It had been common
government practice to excuse post-1988 crimes committed by
guerrillas even though the Amnesty Law only applies to
political and related crimes committed before 1988.  The
Government appealed this decision and is considering new
amnesty legislation to cover crimes committed after 1988.  The
URNG claims it holds no prisoners.
The army continued to deny it has ever held guerrilla leader
Efrain "Everardo" Bamaca or 35 other URNG prisoners of war as
claimed by the American citizen wife of Bamaca.  According to
army spokespersons, Bamaca was killed in battle.  The
Government denies holding prisoners clandestinely.  The
Government also denies reports the U.S. Government received
that the army took Efrain Bamaca captive in March 1992.  Those
reports indicated he had been wounded but that his injuries
were not life-threatening.  The reports included no information
to indicate that he was alive much beyond the first few weeks
after his capture.  The Guatemalan Government filed a writ of
habeas corpus on Bamaca's behalf, and the Supreme Court
assigned the Human Rights Ombudsman to conduct a special 30-day
investigation into the disappearance.  The Ombudsman developed
no new leads and turned responsibility for the investigation
back to the Attorney General.  The United Nations Verification
Mission, MINUGUA, is assisting in the investigation.
In January the URNG and the Government resumed peace talks with
the United Nations serving as moderator.  In late March, the
Government and the guerrillas signed a human rights accord that
called for the immediate establishment of a U.N. human rights
verification mission.  Although the start-up of this
international mission was delayed until September, the accord
was a major step forward.  As part of its mandate, the U.N.
team will seek to strengthen local institutions dealing with
human rights.  In November and December, MINUGUA accompanied
Human Rights Ombudsman officials inspecting army bases,
witnessing the turning in of rifles by PAC members and other
human rights-related activity.  Also in March, the Government
and the URNG agreed upon a calendar to address the major
outstanding negotiating issues.  In June the two sides signed
accords on "uprooted" peoples and the establishment of a
Historical Clarification Commission to catalog and analyze
human rights abuses related to the guerrilla war.  However, the
Commission will not name past violators, and its findings will
not have judicial force.  Following signing of this accord,
talks fell into a temporary hiatus.  They resumed in late
October to discuss indigenous rights.  No agreement was reached
on this issue by the end of the year.
MINUGUA reported that, on December 20, men identified by local
residents as military commissioners and their assistants
threatened MINUGUA officers and human rights activists during a
meeting in Tecpan, Chimaltenango.  During the meeting, one of
the armed men grabbed activist Eliseo Calel and beat him.
Calel had been pressing authorities to investigate and
prosecute those responsible for the August 1 death of
Chimaltenango activist Pascual Serech and the August 20 murder
of the judge handling the case, Elias Ogaldez.  Ogaldez had
ordered the arrest of a military commissioner alleged to have
been involved in Serech's death.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression.  There was
no evidence of harassment from senior government officials, but
both major press associations denounced incidents restricting
freedom of the press.  The media reported sensitive issues such
as corruption, as well as major human rights stories.  They
also publicized communiques from the URNG, leftist groups, and
others opposed to the Government or its policies.  Journalists
admit, however, that pressure and fears of reprisal result in
self-censorship and limits on investigative reporting.  For
example, there is no open criticism of the military nor is
there open discussion of important issues such as land use,
land ownership, or similar topics that would affect the
interests of powerful economic groups and individuals.  Reports
on human rights and narcotic trafficking are carefully written
and sourced so that neither journalists nor their institutions
are put at risk.  Radio and television station owners observe
that licensing procedures potentially give the government
powerful leverage over their editorial policies, but they have
not cited any instances in which the De Leon Government
attempted to abuse this power.
Continuing acts of political violence directed against
journalists give credence to their complaints of pressure and
coercion at the working level.  Through November the
Archbishop's human rights office recorded 25 separate political
acts against the media:  2 extrajudicial killings, 5 assaults,
and 18 intimidating acts.  On March 26, unknown men fired shots
at newspaper reporter Marco Tulio De la Roca, killing him and
injuring his companion.  Unknown perpetrators targeted
journalist Hector Adolfo Barrera Ortiz, first by a bomb
explosion outside his home and later by a kidnaping attempt
while at work.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
and association.  Peaceful demonstrations were common and
demonstrators sometimes occupied government institutions,
including the presidential palace, government ministries, and
the Supreme Court building.  In all these cases, the police
acted with restraint, and the authorities negotiated a peaceful
departure of demonstrators.  The Government did not interfere
with political associations, although the law nominally
requires organizations to obtain legal status, a cumbersome and
expensive procedure.
     c.  Freedom of Religion
The Constitution provides for religious freedom, and the
authorities respect it in practice.  Religious personnel are
sometimes threatened on political grounds for their human
rights, indigenous rights, and land reform activities.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict foreign travel, nor does it
revoke citizenship for political reasons.  The authorities did
not restrict movement inside the country except where the army
and PAC's limited travel in some areas of conflict.  Guerrillas
continued to establish roadblocks to rob private citizens,
extort protection payments from businessmen, attack and drain
petroleum trucks, and limit travel in certain rural areas.
Voluntary repatriation of refugees from Mexico continued.
According to the United Nations High Commissioner for Refugees
(UNHCR), 6,011 refugees were repatriated to Guatemala in 1994.
Since the initiation of the program, over 18,000 persons have
returned, despite the lack of suitable land which can support
the returning population.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government by peaceful
and democratic means, through secret ballot and universal
suffrage for those 18 years of age and older.  Members of the
armed forces and police may not vote.  Since the return to
democracy and civilian rule in 1985, there have been seven free
elections.  International observers concluded that both the
January 30 national referendum and the August 14 congressional
elections were free and fair.
There are no legal impediments to women's participation in
politics, but women are underrepresented in the political
arena.  However, women do hold prominent political positions,
including three cabinet posts.  The first President of the
newly elected Congress was a woman, and 5 other women hold
seats in the 80-member body.  There are also two female Supreme
Court justices and one female Constitutional Court justice.
Indigenous people enjoy equal rights under the Constitution,
and some have attained positions as army officers (including
one general), judges, and government officials, including a
Cabinet member and five members of the newly elected Congress.
Nevertheless, limited educational opportunity and pervasive
discrimination (see Section 5) lead to their underrepresentation
in politics.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government permits local human rights groups to operate
freely, but the security forces, PAC's, and extremist groups
continued to threaten and use violence against their members.
For example, on January 24 human rights monitor Amilcar Mendez
reported that a masked motorcyclist tried to run over his
16-year-old daughter, Miriam Rocio Mendez, who was en route to
the University of San Carlos.  The daughter was uninjured.
Five months later on June 29, the Mendez family reported there
were armed men outside his home.  However, when the police were
dispatched to the scene, the armed men had left.  In August an
unknown person called a Mendez relative in Guatemala City
stating that Mendez should not return to his home in Quiche
because he would be killed.
Rosalina Tuyuc, director of CONAVIGUA, the National Council of
Guatemalan Widows, reported that during June and July armed
soldiers repeatedly were stationed outside her parents' home in
Chimaltenango.  Throughout the year, the army has accused Tuyuc
and CONAVIGUA of being allied with the guerrillas.  The army
also charged that one of Tuyuc's brothers is a guerrilla
commander who engineered recent guerrilla attacks.  On June 22,
unknown men attacked, stabbed, and robbed Sara Poroj Vasquez,
an officer of the human rights organization GAM, "Grupo De
Apoyo Mutuo", outside her home.  No one was apprehended for
this attack.
Disturbed by political activities of some foreign visitors,
immigration authorities in late November began limiting U.S.,
Canadian, and Spanish visitors to 15-day stays (as opposed to
90 days previously).  When embassies and individuals protested,
the Government decided to issue all foreign visitors 30-day
stays.
Relations between the executive branch and the Human Rights
Ombudsman, who is congressionally appointed, remain tense.  The
Ombudsman repeatedly accused President De Leon, the previous
human rights ombudsman, of not taking action on the numerous
resolutions his office has issued concerning human rights.
However, the current Ombudsman has significantly reduced his
investigative staff, thus limiting his capacity to verify
complaints.  On September 7, the Ombudsman called for the
resignation of the National Police director because of
allegations of police abuse in the La Exacta incident (see
Section 1.a.).
High-ranking government officials working in the fields of
human rights and jurisprudence complained publicly and
privately of receiving threats stemming from their interest in
resolving cases related to human rights violations, official
corruption, and drug trafficking.
Both the Ombudsman's office and the Archbishop's human rights
office continued to enjoy widespread public support and
respect.  Senior government officials met numerous foreign
officials and human rights monitors.  International human
rights monitors travel throughout the country but on occasion
advise local military authorities of their presence to ensure
their safety, particularly in rural areas.  Despite a
persistent, 13-year effort, Peace Brigades International, an
international human rights organization which accompanies
persons whose lives may be in danger for their political
beliefs or activities, has been unable to obtain government
recognition.  The absence of legal status did not, however,
prevent Peace Brigades or other human rights organizations from
operating openly.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that all human beings are free and
equal in dignity and rights and that the State must protect the
life, liberty, justice, security, peace, and development of all
Guatemalans.
     Women
The Constitution asserts the principle of equality between the
sexes.  Nonetheless, women face job discrimination and on
average receive significantly lower pay than men.  They are
primarily employed in low-wage jobs in the textile industry,
agriculture, retail business, and the public sector.  More
working women than men are employed in the informal sector of
the economy, where pay and benefits are generally lower.  A
1989 survey reported that in Guatemala City women are
underrepresented in high-income categories and overrepresented
among poorly paid workers.
In some cases, domestic laws remain discriminatory against
women, such as the Penal Code's provisions on adultery.  Only
women may be charged with adultery, while men fall under a
different statute which is more limited, makes it more
difficult to prove, and carries a lesser penalty.
CONAVIGUA reported that violence against women, including
domestic violence, remains common but receives little
attention.  There is no specific law against domestic violence,
although it is considered to fall under other statutes.
Criminal sexual violence often goes unreported by victims, and
relatively few rape cases come to court.  The human rights
Ombudsman's office reported receiving 30 complaints per month
of spousal abuse committed by the male spouse.
     Children
The Constitution charges the Government with protecting the
physical health and mental and moral well-being of minors.
However, the abuse of street children (see Section 1.c.) is a
serious problem in major cities.  Estimated numbers of street
children range between 1,500 and 5,000, with the majority of
these youths concentrated in Guatemala City.  These children
are often recruited into thievery or prostitution rings.  The
Government and a number of nongovernmental organizations
operate youth centers, but the funds devoted to them are
inadequate for the problem.  An accord between Casa Alianza and
the Attorney General's office was not renewed because the De
Leon administration believes that the treatment of street
children is adequately addressed in existing laws.
COPREDEH, the Presidential Human Rights Commission, has formed
a special commission called the Permanent Commission for
Children, composed of Casa Alianza and representatives from the
judicial and executive branches, which met through October to
address the problems of street children.  Relations between
Casa Alianza and the National Police have fluctuated and only
improved due to the repeated personal intervention of the
police department's inspector general and the interest of the
department's minors division, office of professional
responsibility, and human rights office.  However, the police
department's office of criminal investigations has been
reluctant to release information on past alleged human rights
abuses committed by police officers.
     Indigenous People
The Constitution states that Guatemala is composed of diverse
ethnic groups and calls on the Government to recognize,
respect, and promote lifestyles, customs, traditions, social
organization, and the manner of dress of indigenous people.
Indigenous people comprise about one-half the population but
remain largely outside the country's political, economic,
social, and cultural mainstream.  Indigenous people suffered
most of the serious human rights abuses described throughout
this report.  Rural indigenous men were more likely than urban
dwellers to be drafted by the army or forcibly recruited by
either the army or guerrilla groups.  Although the Constitution
accords indigenous people equal rights, in practice they have
only minimal participation in decisions affecting their lands,
culture, traditions, and allocation of natural resources.
Rural indigenous people have limited educational opportunities
and thus have limited employment opportunities.  Many
indigenous people are illiterate and do not speak Spanish.
Linguistic barriers hinder interaction with the Government and
limit access to public services, including the judiciary,
because few officials speak any of the 21 indigenous
languages.  Indigenous persons arrested for crimes are often at
a disadvantage due to their lack of Spanish.  The public
defender's office is charged with providing judicial
translating services but is not sufficiently staffed to cope
with the problem.  Under the new Criminal Procedures Code, the
Government is required to provide translating services to all
who need it in criminal proceedings.
     People with Disabilities
The Constitution provides that the State should protect
disabled persons.  Nonetheless, physically disabled persons are
discriminated against in employment practices, and few
resources are devoted to combat this problem or otherwise to
assist people with disabilities.  There is no legislation
mandating provision of accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and the Labor Code provide workers complete
freedom of association and the right to form and join trade
unions.  Major reforms to the Labor Code in 1992 mandated
concrete steps to improve worker rights by facilitating freedom
of association, strengthening the rights of working women,
increasing penalties for violations of labor laws, and
enhancing the role of the Labor Ministry and labor courts in
enforcing them.  All workers have the right to form or join
unions, including public sector employees, with the exception
of members of security forces.  National Police officers have
unsuccessfully attempted to form a trade union or association.
Between 5 and 8 percent of the work force is organized.  The
993 registered unions in the country are independent of
government and political party domination.
The Labor Code amendments simplified the process for unions to
obtain legal status.  This was further revised when the
Minister of Labor made administrative changes to reduce the
number of steps needed within the Ministry for consideration of
union applications, establishing strict timetables and warning
officials that noncompliance with the timetable could lead to
dismissal of those responsible for the delay.
These new regulations accelerated the approval procedure, and
the backlog of union applications was basically eliminated by
midyear.  The Labor Ministry has granted legal status to 63
unions since late 1993, and only 13 applications are still
pending.  Of the registered unions, 834 are in the private
sector and 159 are in the public sector.  The Labor Ministry
initiated a program to assist unions with their applications,
to avoid some of the pitfalls still inherent in the Labor Code.
Workers have the right to strike, but Labor Code procedures
make legal strikes cumbersome.  Labor organizers criticize the
requirement that two-thirds of the workers must approve a vote
to strike, the prohibition of strikes by agricultural workers
at harvest time, and the right of the Government to prohibit
strikes which it deems as seriously affecting the national
economy.  Those strikes that do occur, frequently in the public
sector, are generally called without legal authorization, and
in practice the Government makes no effort to intervene on the
basis of illegality.  Nonetheless, the lack of legal approval
for a strike can be used as a threat against strikers.  Public
sector workers held a series of work stoppages in early 1994
and suffered no sanctions for their action.  Indeed, the
Government negotiated and reached a peaceful accommodation with
the public labor force.
The law protects workers from retribution for forming and
participating in trade union activities, but enforcement of
these provisions varies.  While an increasing number of
employers accept unionization, many routinely seek to
circumvent Labor Code provisions in order to resist union
activities, which many view as historically confrontational and
disruptive.  An ineffective legal system and the inadequate
level of penalties for violations has hindered enforcement of
the right to form and participate in trade union activities.
While penalties were increased in the 1992 Labor Code reform,
the previous Supreme Court (replaced in October 1994) delayed
full implementation of the reforms.
Trade union leaders and members were victims of a marked
increase in violence and abuse, such as threats, assassination
attempts, kidnapings, and physical harm.  In one incident,
police killed and wounded several persons while attempting to
arrest workers who were illegally occupying a ranch (see
GUATEMAL3
+TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 1.a.).  The Archbishop's human rights office reported
that unknown assailants killed 5 unionists, injured 2, and
threatened 36, although it is not always clear whether such
violence is union-related.  Public sector union leaders, as
well as unionists in the high-profile in-bond export sector,
reported receiving threats against themselves and their
families.  Such anonymous threats increased markedly early in
the year when one of the federations of government employees
held a prolonged series of work stoppages for improved wages
and government compliance with previously negotiated
agreements.  This dispute was peacefully settled through
negotiations with various union representatives.
On September 30, President De Leon Carpio eliminated--allegedly
without following legally required procedures--the moribund
Committee of National Reconstruction (CNR), a government entity
established to manage recovery from the 1976 earthquake.  Many
of the 600 workers who lost their jobs occupied the Committee's
headquarters in an attempt to force the Government to negotiate
severance pay or find them alternative employment.  Agustin
Monzon, a member of the CNR union, was allegedly kidnaped on
November 7 and released only after the occupiers agreed to
leave the site peacefully on November 18.
Unions may and do form federations and confederations and join
international organizations.
An active "solidarity" movement claims approximately 100,000
members in over 395 companies.  Unions may legally continue to
operate in workplaces which have solidarity associations, and
workers have the right to choose between the two or belong to
both.  The Government views these associations as civic
organizations which need not interfere with the functioning of
trade unions.  The amended Labor Code stipulates very clearly
that trade unions have the exclusive right to bargain
collectively over work conditions on behalf of workers.
Unionists charge, however, that solidarity associations are
promoted by management to avoid the formation of trade unions
or to rival existing labor unions.  There are credible reports
that some of these associations did not always adhere to
democratic principles in their formation and management and
that workers are unable to participate fully and freely in
decision making.  Similar credible charges are made against
some trade union organizations.
At the request of trade union leaders, the independent Human
Rights Ombudsman, through his Office for Economic and Social
Issues, receives complaints related to trade union activities.
Union leaders and workers filed a number of complaints with the
Ombudsman during the year, and the Ombudsman has spoken out in
public statements about labor conditions in varying sectors of
the economy.  The Ombudsman can investigate their complaints
and issue a statement.  He has no enforcement powers but can
attempt to ameliorate the situation through publicity and moral
suasion.
     b.  The Right to Organize and Bargain Collectively
Workers have the right to organize and bargain collectively.
However, the practice of collective bargaining is limited by
the weak structure of the union movement, the lack of
experience with this practice, and the preference of management
in many cases to avoid formal ties with trade unions.  While
both management and the unions honored some well-written
collective contracts, in other instances, both parties openly
ignored and violated contracts.  Most workers, even those
organized by trade unions, do not have collective contracts to
cover their wages and working conditions, but do have
individual contracts as required by law.  Most workers receive
the minimum wages established by bipartite commissions, which
operate under the guidance of the Ministry of Labor.
Employers cannot dismiss workers for participating in the
formation of a trade union; workers file complaints in this
regard with the labor inspectors for resolution.  The Labor
Code provides for the right of employers to fire union workers
for cause, permits workers to appeal their dismissal to the
labor courts, and requires the reinstatement of any union
worker fired without cause.  The revised Code prohibits
employers from firing workers for union organizing and protects
them for 60 days following the official publication of approval
of the union.  It also prohibits employers from firing any
member of the executive committee of a union and protects them
for an additional 12 months after they are no longer on the
executive committee.  An employer may fire a member of the
union's executive committee for cause only after a trial and
issuance of a court resolution.
Labor courts responsible for enforcing labor laws continued to
be generally ineffective.  Although two new labor courts began
to function, efforts to restructure and modernize the labor
court system made little headway, in part because of tensions
between the executive and judicial branches stemming from
President De Leon's reform efforts.  A heavy backlog of labor
cases continues to clog the courts due to corruption,
indolence, and lack of resources.  There is only spotty
enforcement of the Labor Code, due to the scarcity of labor
inspectors, corruption, the lack of adequate training and
resources, and structural weaknesses (or the lack of political
will) in the labor court system.  Nonetheless, enforcement is
improving as new labor inspectors complete training and begin
work outside the capital, allowing the Ministry of Labor to
increase significantly its rate of inspections.  The Ministry
has also increased the number of court cases filed for failure
to comply with the Labor Code and has begun an educational
campaign on worker rights, including providing some documents
in indigenous languages.
Labor laws and regulations apply throughout the country,
including in the few export processing zones (EPZ's).  The laws
governing EPZ's are not discriminatory on the subject of
organizing trade unions or collective bargaining.  While union
leaders often blame employer pressures and unofficially
restricted access to the EPZ's for their virtual inability to
organize workers in these zones, labor conditions in the EPZ's
are no different from those found outside the zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution bars forced or compulsory labor, and the
practice does not exist.  However, human rights and indigenous
groups continue to charge that there is coerced participation
in the PAC's that violates prohibitions against forced labor.
     d.  Minimum Age for the Employment of Children
Although the Constitution bars employment of minors under the
age of 14, children below this age are regularly employed.
Laws governing the employment of minors are not effectively
enforced, due to the shortage of qualified labor inspectors and
structural weaknesses in the labor court system.  Only 5,000
minors have permission from the Labor Ministry to work
legally.  Thousands working without legal permission are open
to exploitation, generally receiving no social benefits, no
social insurance, no vacations, and no severance pay, and are
paid below the minimum wage level.  The Labor Ministry has a
program to educate minors, their parents, and employers on the
rights of minors in the labor market.  Economic necessity,
however, forces most families to have their children seek some
type of employment to supplement the family income.  There are
no export industries in which child labor is a significant
factor.
The Constitution provides for compulsory education for all
children up to the age of 12 or to the sixth grade.  However,
less than half the population actually receives a primary
education.  Child labor is largely confined to small or family
enterprises, to agricultural work, and to the informal sectors
of the economy.
     e.  Acceptable Conditions of Work
Although the law sets minimum wages, the legally mandated
minimum wage for most unskilled and semiskilled workers is
rarely paid to rural and urban workers.  A bilateral committee
representing labor and management in specific economic sectors
is named each year to make recommendations for increases in the
minimum wage.  In the event that agreement is not possible, the
Government may decree such increases.  In June the National
Association of Coffee Growers (ANACAFE) reached an agreement
with one trade union group representing coffee farm workers
which increased the minimum wage for coffee farm workers by
approximately 30 percent to $2.55 (14.50 quetzals) a day.  The
accord also provides for both productivity training and bonus
payments and foresees talks on modernization of the critical
coffee sector.
Following the ANACAFE accord, the Government substantially
increased the minimum wage in the main sectors of the economy
in October.  The minimum wage for commercial and industrial
workers is $2.80 (16 quetzals) for an 8-hour workday, including
a required hourly bonus.  The minimum wage for farm workers is
$2.55 (14.50 quetzals) per day, plus mandatory and productivity
bonuses.  It has been estimated that an urban family of four
needs at least $8.50 (48 quetzales) per day to live, thus the
minimum wage does not provide a decent standard of living.  An
estimated 70 percent of the population lives below the poverty
line, including approximately 60 percent of those employed.
The legal workday is 8 hours and the workweek is 44 hours, but
a tradition of much longer hours remains in place due to
economic conditions.  The amended Labor Code requires a weekly
paid rest period of at least 24 hours.  Trade union leaders and
human rights groups charge that workers are sometimes forced to
work overtime, often without premium pay, or given drugs to
help them work longer in order to meet work requirements.
Labor inspectors report that numerous instances were uncovered
of such abuses, but corruption and inefficiencies in the labor
court system inhibit adequate enforcement of the law.
Occupational health and safety standards are inadequate.  As
with other aspects of the labor law, enforcement of standards
that do exist is also inadequate.  Workers have the legal right
to remove themselves from dangerous workplace situations, and
the law provides them with protection for their continued
employment.  However, few workers are willing to jeopardize
their jobs by complaining about unsafe working conditions.
When serious or fatal industrial accidents do occur, the
authorities generally take no legal steps against those
responsible.  The Labor Ministry provides training courses for
labor inspectors in health and safety standards but does not
accord them a high priority due to scarce resources.  The
Government does not effectively enforce legislation requiring
companies with more than 50 employees to provide on-site
medical facilities for their workers, although many large
employers do provide such facilities.
GUINEA1
nTITLE:  GUINEA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             GUINEA
The Government controlled the election of President Lansana
Conte from start to finish and denied the opposition any
significant role.  Complete management of the elections rested
with the Ministry of Interior and Security.  The Government
insisted on holding the elections, notwithstanding considerable
pressure for postponement from the political opposition,
outside observers, and religious leaders.  The National
Electoral Commission, which began functioning only a few days
before the elections, called for a postponement and refused to
participate in the verification of results.  Opposition party
observers, who were excluded from the final hours of
vote-counting, contested the final results.  In January the
Supreme Court rejected opposition legal challenges to the vote
count and ruled that Lansana Conte had won the election on the
first round with 51.7 percent of the vote.
The Gendarmerie and the National Police share responsibility
for internal security.  The Government eliminated the
Republican and Presidential Guards and incorporated these units
into other existing units.  Both military personnel and police
continue to commit human rights abuses.
Eighty percent of the population of 7 million engage in
subsistence agriculture, and annual per capita gross domestic
product is about $511.  Guinea's major exports are bauxite,
gold, and diamonds.  The World Bank and the International
Monetary Fund continued to contribute to Guinea's economic
restructuring program.  This led, among other things, to a
sharp reduction in the size of the public service.
Human rights remain circumscribed.  The Government dominated
the electoral process and rejected opposition demands for
important changes.  An independent press occasionally
criticized the Government, but the latter owns and operates the
electronic media, the major medium for reaching the vast
majority of the public.
There were sporadic outbreaks of ethnically based violence and
recourse to vigilante justice, prompted in part by increased
violent criminal activity.  Major human rights abuses included
extrajudicial killings by security forces; police abuse of
prisoners and detainees; governmental failure to guarantee
access by attorneys to clients in prison, where much abuse
takes place with impunity; the Executive Branch's influence
over the judicial system; the Government's continued neglect of
the prison system; its domination of the electronic media, thus
denying the political opposition the means to reach the
populace; its denial of citizens' rights to change the
government and its inability to prevent vigilante justice; and
violence and discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of targeted political killings, but there
were several extrajudicial killings by security forces using
excessive force.
In March military recruits in Labe rioted following an
altercation in a bar in which a soldier nearly beat a civilian
to death.  After family and friends of the civilian seized and
flogged to death a military officer who had not been involved
in the prior altercation, armed military recruits ransacked the
neighborhood of the bar, wounding many people.  During the riot
an elderly woman died of a gunshot wound.
On August 31, security forces in Kerouane used tear gas and
fired shots in the air to disperse a crowd at a political
opposition rally.  Two independent newspapers reported that two
individuals died.  Ministry of Justice officials reported that
an investigation would take place, although no results were
reported by year's end.
Concerning the August 1993 death in police custody of Alseny
Limam Kourouma, police reportedly tried to cover up the
incident by forcing a doctor to issue a false death certificate
listing heart failure as the cause of death.  The authorities
suspended and detained the officer in charge of the station
where the torture had reportedly occurred.  Authorities
arrested and detained two officers who are still awaiting trial.
     b.  Disappearance
There were no reports of abductions or disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Penal Code and the Constitution prohibit torture and cruel,
inhuman, and degrading treatment.  However, the police often
use beatings to extract confessions and also employ other forms
of brutality.
In February the police summarily punished a number of taxi
drivers for illegally stopping or parking at the roadside.  The
drivers received lashes across their buttocks while they were
made to spread themselves over the hoods of their cars.  A few
drivers reportedly required medical treatment due to the
severity of the lashings.
On September 11 in N'Zerekore, local police harassed and then
detained at their station an American citizen as she returned
home that evening.  After leaving the station, an army soldier
assaulted her and attempted to rape her.  Local, regional, and
national authorities cooperated in identifying the assailant.
In November, he was dismissed from the army, sentenced to 6
months in prison with hard labor, and fined $220.
On November 26, soldiers in Conakry detained approximately 40
civilians at Camp Almamy Samory.  The detainees, mainly
Guineans and Lebanese, were beaten and held without charges for
over 5 hours.  Soldiers allegedly raped some of the women in
the group.
Prison conditions, including those in the women's prison, are
inhumane and life-threatening.  The standards of sanitation and
nutrition remain poor.  Deaths due to malnutrition and disease
are frequent.  The Government does not permit local human
rights organizations to visit prisons.  On the night of
December 31, sixteen prisoners died in Conakry's Central
Prison.  The State Prosecutor began an investigation.
     d.  Arbitrary Arrest, Detention, or Exile
The Penal Code requires that detainees must be charged before a
magistrate within 72 hours.  Once charged, the accused may be
held until the final outcome of the case, including during the
period of any appeals.  Release on bail is at the discretion of
the magistrate who has jurisdiction in the case.  The
Constitution proscribes incommunicado detention.  The law
guarantees attorneys access to their clients, but authorities
frequently do not respect this provision.
In practice, administrative controls over the police are
ineffective, and security forces rarely follow the Penal Code;
arbitrary arrest remained a persistent threat to Guineans.
On January 21 in Kankan, security forces stopped, beat, and
imprisoned an opposition party delegation touring the region.
Local police subsequently released the members of the
delegation.  In June gendarmes detained two soldiers to answer
questions concerning their alleged disloyalty and malfeasance.
After 2 days, they were released.
At year's end, there were no known political or security
detainees being held by the Government.
     e.  Denial of Fair Public Trial
The Constitution affirms the judiciary's independence.
Magistrates, however, are civil servants having no guarantee of
tenure and are susceptible to influence by the executive
branch.  Judicial authorities often defer to central
authorities in politically sensitive cases.  In addition, the
administration of justice is plagued by numerous other
problems, including a shortage of magistrates (who generally
are poorly trained) and lawyers (there are 48 in all), and an
outdated and overly restrictive Penal Code.  Owing to
corruption and nepotism in the judiciary, relatives of
influential members of the Government are virtually above the
The Penal Code provides for the presumption of innocence of
accused persons, the independence of judges, the equality of
citizens before the law, the right of the accused to counsel,
and the right to appeal a judicial decision.  Although in
principle the Government is responsible for funding legal
defense costs in serious criminal cases, in practice it rarely
disburses these funds.  The attorney for the defense frequently
receives no payment.
The judiciary includes courts of first instance, two Courts of
Appeal and the Supreme Court, the court of final appeal.  There
is also a State Security Court, but it has not met since the
trial of those allegedly involved in the coup attempt of 1985.
A military tribunal prepares and adjudicates charges against
accused military personnel.  Since 1988, civilian courts have
rendered all judgments regarding violations under the Penal
Code.
A traditional system of justice exists at the village or urban
neighborhood level.  Litigants present their civil cases before
a village chief, a neighborhood chief, or a council of wise
men.  The dividing line between the formal and informal justice
systems is vague, and a case may be referred from the formal to
the traditional system to ensure compliance by all parties with
the judicial ruling.  Conversely, if a case cannot be resolved
to the satisfaction of all parties in the traditional system,
it may be referred to the formal system for adjudication.
Suspected criminals, notably thieves, are sometimes beaten to
death by their victims, and by others with tacit approval of
police authorities.
Guinea did not have any known political prisoners at year's end.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of the home and
judicial search warrants are required by law.  Police
frequently ignore these procedures, however, or do not strictly
follow them, and interference in citizens' lives continued,
primarily through police harassment.  Police and paramilitary
police often ignore legal procedures in the pursuit of
criminals and frequently detain private citizens at night
roadblocks in order to extort money to supplement their
incomes.  It is widely believed that security officials monitor
mail and telephone calls.
Local businesses, especially expatriate companies, often
complain of intimidation and harassment by public officials and
authorities.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Government has stated publicly that it supports free speech
and a free press, and the Constitution provides for freedom of
expression, subject to certain limitations.  But while
proclaiming freedom of the press and communications, the Press
Law gives the Government a sufficiently broad range of possible
restrictive actions as to vitiate any real protection.  It also
prohibits seditious talk or chants uttered in public,
establishes defamation and slander as criminal offenses, and
prohibits communications that offend the President, incite
violence, discrimination, hatred, or disturb the public peace.
The Government owns and operates the electronic news media,
with national and rural radio being the most important outlet
in reaching the public.  It also publishes the official
newspaper, Horoya.  Reporters for the official press, who are
government employees, practice self-censorship in order to
protect their jobs.  The Ministry of Communications continues
to act as overseer of state-owned media.
There is a vocal and active independent and opposition press,
which is on occasion critical of the President and the
Government.  The two weekly newspapers, Le Lynx and
L'Independant, and up to two dozen other publications continue
to publish despite technical and financial difficulties.  Some
newspapers are linked to opposition parties while others offer
news and criticism of both the Government and the opposition.
Political tracts circulate widely throughout Conakry and other
regions, and include specific criticisms of the President and
high officials.  Foreign publications, some of which include
criticism of the Government, are usually available.
There were no known attempts to interfere with foreign radio
broadcasts.  On March 9 the Government shut down the country's
first and only independent radio station, Radio Gandal.  It had
begun, without a license, to broadcast music on March 3.
The Ministry of Higher Education exercises control over
academic freedom through its influence on the faculty hiring
and control over curriculum.  In general, teachers are not
subject to classroom censorship.
     b.  Freedom of Peaceful Assembly and Association
Freedom of association is protected by law, but there are legal
restrictions on assembly.  The Penal Code bans any meeting that
has an ethnic or racial character or any gathering "whose
nature threatens national unity."  A September 1992 statute
allows public gatherings only with 72-hour prior notification
to the Government.  Following intercommunal riots in September
1993, the Government banned all street marches except for
funerals.
Pursuant to this statute, local administrative authorities may
cancel a demonstration or meeting if they have grounds to
believe that public order will be threatened.  They may hold
event organizers criminally liable if violence or destruction
of property ensues.  Organizers of political rallies in the
opposition stronghold region of Upper Guinea have been arrested
for violating this statute.
Political parties must provide information on their founding
members and produce internal statutes and political platforms
consistent with the Constitution before the Government
recognizes them.  At year's end, there were 46 legally
recognized political parties.
On September 8, local officials and security forces in Faranah
attempted to detain Alpha Conde, Secretary General of the
Malinke-based political party, the Rally of the Guinean People
(RPG).  Government officials stated that local officials wanted
only to talk to Alpha Conde and that they had made no attempt
to detain him.  Conde intended to hold a political rally, but
authorities prevented him from entering the city.  The Ministry
of Interior subsequently canceled the remaining portion of
Conde's tour of Upper Guinea, where his party had enjoyed its
greatest electoral success.
     c.  Freedom of Religion
The Constitution declares Guinea to be a secular state, and
religious groups freely practice their faiths.  Foreign
missionaries, both Catholic and Protestant, operate freely.
The Government and the quasi-governmental National Islamic
League have spoken out against the proliferation of Shi'ite
fundamentalist sects "generating confusion and deviation"
(within Guinean Islam) but have not restricted these groups.
The Constitution provides religious communities the freedom to
govern themselves without state interference.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right of Guineans to travel
freely within the country and to change their places of
residence and work.  The Government requires all citizens to
carry national identification cards which they must present on
demand at security checkpoints.  Travelers in large cities face
harassment by police and at military roadblocks, particularly
late at night.  It is common for citizens to pay bribes to
avoid police harassment.  The Government permits foreign
travel, although it retains the ability to limit it for
political reasons.  For example, in February airport security
officers prevented Siradiou Diallo, Secretary General of the
Party for Renewal and Progress, from boarding a plane to
Senegal.  Several hours later, officials allowed him to depart.
In June the Government ordered the removal of checkpoints at
prefectoral borders.  In November authorities instituted
midnight to daybreak roadblocks throughout the city of Conakry
in order to control increasing banditry.  Security agents were
instructed to detain only those lacking proper documentation.
However, some security agents, and in particular soldiers,
harassed, detained, and beat those who did not pay bribes.
Guinea currently hosts approximately 633,200 Liberian and
Sierra Leonean refugees.  The Government continues to work
closely with the United Nations High Commissioner for Refugees
and many other international and nongovernmental organizations
to provide food and shelter to those designated as refugees.
While the Government has generally been hospitable toward
refugees, there have been reports of local police officials and
border patrol soldiers demanding bribes or sexual favors for
entry into Guinea.  There were no reports of forced
repatriation.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government
Although multiparty elections were held in 1993, the Government
dominated the electoral process (even excluding opposition
observers from the final vote count) thus calling into serious
doubt the ability of the people effectively to exercise their
constitutional right to change the government.
Following the installation of Lansana Conte as President on
January 29, the Government took steps to inhibit opposition
political activity.  The RPG coordinated a tax boycott in its
stronghold, Upper Guinea.  This ended in May, owing to
oppressive tactics of the Government, including detention
without charge of RPG militants, arrests for organizing
rallies, and disrupting RPG political rallies.
The President's party, the Party of Unity and Progress (PUP),
remained the preeminent political organization.  PUP's strength
rested on the fragmentation of the opposition.
While women are numerically underrepresented in the Government,
they participated overwhelmingly in the presidential election.
President Conte named four women to ministerial positions,
including the Minister of Agriculture.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local nongovernmental organizations primarily interested in
human rights issues include:  the Guinean Organization for the
Defense of Human Rights (OGDH); the Guinean Human Rights
Association (AGDH); the Children of the Victims of Camp Boiro;
the Association of Victims of Repression (AVR); and the
Committee for the Defense of Civic Rights.  These groups,
especially OGDH, AGDH and AVR, were vocal in calling attention
to human rights abuses.
The government-controlled press denounces efforts by foreign
governments or organizations to interfere in internal affairs,
including the protection of human rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that all persons are equal before the
law, regardless of gender, race, ethnicity, language, beliefs,
political opinions, philosophy, or creed.
     Women
Although the Constitution provides for equal treatment of men
and women, women face discrimination, particularly in rural
areas, where opportunities for women are limited by custom and
the demands of child-rearing and arduous subsistence farming.
Women are not denied access to land, credit or businesses.  The
Government has affirmed the principle of equal pay for equal
work, but in practice women receive less pay than men in most
equally demanding jobs.  According to a 1991 United Nations
Development Program report, females receive only 20 percent as
much schooling as males.
Violence against women, including wife beating, is common,
although social workers' estimates differ as to the extent of
the problem.  Wife beating is a criminal offense and
constitutes grounds for divorce under civil law; however,
police rarely intervene in domestic disputes.  Although the
Government has made regular statements in the media against
sexual harassment, women working in the small formal sector in
urban areas complain of frequent sexual harassment.  Refugees
from Liberia and Sierra Leone reported some Guinean soldiers
demanded sex in exchange for entry into Guinea.  Although not
considered widespread, the social stigma attached to rape
prevents most women from reporting it.  The Government has not
vigorously pursued criminal investigations of alleged sexual
crimes.
     Children
The Constitution provides that the Government has a particular
obligation to protect and nurture the nation's youth, and it
allocates a significant percentage of its budget to primary
education.
Female genital mutilation (FGM), which international health
experts have condemned as damaging to both physical and mental
health, is performed at an early age and is practiced among
Muslims and animists.  According to an independent expert,
about 60 percent of females have undergone this procedure.
Grandmothers frequently insist on the circumcision of a
granddaughter, even when the parents are opposed.
Infibulation, the most dangerous form of FGM, is not
practiced.  The Government has made efforts to educate health
workers on the dangers of this procedure and supports the World
Health Organization resolutions calling for its elimination.
     National/Racial/Ethnic Minorities
While the Constitution and the Penal Code prohibit racial or
ethnic discrimination, ethnic identification is strong.  Mutual
suspicion affects relations across ethnic lines, in and out of
government.  The Cabinet includes representatives of all major
ethnic groups, but a disproportionate number of senior military
officers are Soussou, the ethnic group of President Conte.
     People with Disabilities
The Constitution provides that all persons are equal before the
law.  There are no special constitutional provisions for the
disabled.  The Government has not mandated accessibility for
the disabled and few disabled people work.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of employees to form
labor unions and protects them from discrimination based on
their union affiliations.  Only an estimated 5 percent of the
work force is unionized.  Most union members are government
employees, employees of the national utilities (electric,
water, and telephone companies), or of foreign-controlled
companies.
The Labor Code states that all workers (except military and
paramilitary) have the right to create and participate in
organizations that defend and develop their individual and
collective rights as workers.  It requires elected worker
representatives for any enterprise employing 25 or more
salaried workers.
The National Confederation of Guinean Workers (CNTG) was the
sole trade union before the Labor Code was enacted.  Even
though there are now other trade union and labor
confederations, the CNTG remains the largest confederation.
The CNTG is indirectly funded by the State, although dissident
members seek to increase the Confederation's freedom from
Government control.  Independent unions and confederations have
gained popularity, such as the Free Union of Teachers and
Researchers of Guinea and the National Organization for Free
Trade Unions of Guinea.  Several disgruntled groups within the
CNTG left the Confederation, citing corruption in the
leadership.  These groups joined with some independent unions
to form a new confederation, the United Syndicates of Guinean
Workers.
The Labor Code grants salaried workers, including public sector
civilian employees, the right to strike 10 days after their
representative union makes known its intention to do so.  It
prohibits strikes in sectors providing essential services
(hospitals, radio and television, army, and police).  Workers,
including Conakry bank employees, transport workers, and
university teachers, particularly the Medical Faculty, again
exercised their right to strike.
Unions may freely affiliate with international labor groups.
The Government continued to designate CNTG to represent workers
in the International Labor Organization Conference in 1994.
     b.  The Right to Organize and Bargain Collectively
Under the Labor Code, representative workers' unions or union
groups may organize the workplace and negotiate with employers
or employer organizations.  The law protects the right to
bargain collectively concerning wages and salaries without
government interference.  Work rules and work hours established
by the employer are to be developed in consultation with union
delegates.  The Code also prohibits antiunion discrimination.
Union delegates represent individual and collective claims and
grievances with management.  Individual workers threatened with
dismissal or other sanctions have the right to a hearing before
management with a union representative present and, if
necessary, to take the complaint to the Conakry Labor Court
which convenes weekly to hear such cases.  In the interior,
civil courts hear labor cases.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code specifically forbids forced or compulsory labor,
and there is no evidence of its practice.
     d.  Minimum Age for Employment of Children
The minimum age for employment according to the Labor Code is
16 years.  Apprentices, however, may start at 14 years.
Workers and apprentices under the age of 18 are not permitted
to work at night nor for more than 12 consecutive hours, nor on
Sundays.  The Labor Code also stipulates that the Minister of
Labor and Social Affairs maintain a list of occupations in
which women and youth under 18 cannot be employed.  In
practice, enforcement by Ministry inspectors is limited to
large firms in the modern sector of the economy.  Children of
all ages work on family farms, in small trades, and in the
informal sector, such as in street vending.
     e.  Acceptable Conditions of Work
The Labor Code provides for the establishment by decree of a
guaranteed minimum hourly wage, but the Government has not yet
done so.  There are also provisions in the Code for overtime
and night wages, which are fixed percentages of the regular
wage.  According to the Labor Code, regular work is not to
exceed 10-hour days or 48-hour weeks, with a 40-hour workweek
being the norm, and there is to be a period of at least 24
consecutive hours of rest each week, usually Sunday.  Every
salaried worker has the legal right to an annual paid vacation,
accumulated at the rate of at least 2.5 workdays per month of
work.  In practice, authorities enforce these rules only in the
relatively small modern urban sector.
The Labor Code contains provisions of a general nature
respecting occupational safety and health, but the Government
has at year's end not yet elaborated a set of practicable
workplace health and safety standards.  Neither had it issued
any of the ministerial orders laying out the specific
requirements for certain occupations and for certain methods of
work that are called for in the Labor Code.  The Ministry of
Labor and Social Affairs is responsible for enforcing labor
standards, and its inspectors are empowered to suspend work
immediately in situations hazardous to health.  Enforcement,
however, remained more of a goal than a reality.  Labor
inspectors acknowledge that they cannot even cover Conakry,
much less the entire country, with their small staff and meager
budget.
GUINEA_B1
BTITLE:  GUINEA-BISSAU HUMAN RIGHTS PRACTICES 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                         GUINEA-BISSAU
The Republic of Guinea-Bissau held its first multiparty
elections in July and August, electing Joao Bernardo Vieira
President.  Vieira has ruled the country since taking power in
a 1980 coup.  He is also the president of the African Party for
the Independence of Guinea-Bissau and Cape Verde (PAIGC) which
was the only legal political party from independence in 1974
until the 1991 adoption of a multiparty Constitution.  Despite
a few minor irregularities in the first round, international
observers judged the elections free and fair.  The PAIGC won 62
of the 100 seats in the new National Assembly where 4 other
parties are represented.  The Constitution provides for an
independent judiciary.
The police, under the direction of the Ministry of Internal
Administration, called the Ministry of Interior until November,
have primary responsibility for the nation's internal security;
they committed human rights abuses in 1994.  The armed forces
are responsible for external security, and can assist the
police in internal emergencies.
The population of 1 million relies largely on subsistence
agriculture.  Guinea-Bissau has an annual per capita gross
domestic product estimated at $200.  The economy grew in 1994,
with an emerging private sector leading the way.  However, the
economy remains precarious because of the heavy external debt
burden and inadequate tax revenues.
The human rights situation continued to improve, with
multiparty elections and the November installation of a
pluralistic government.  Nevertheless, the police engaged in
intimidation, arbitrary detention, physical mistreatment of
detainees, and occasional harassment of opposition parties.  No
members of the security forces were tried or punished for
abuses.  Societal discrimination against women continued.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
The 1992 death of Ussumane Quade, an army officer beaten to
death while in police custody, remains unresolved.  Human
rights monitors continue to press for a thorough and impartial
investigation of his death, ostensibly a suicide, but the
police refuse to cooperate.
The March 17, 1993 assassination of the commander of an elite
army unit resulted in conviction and a 15-year prison term for
the confessed killer, Amadou Mane (see also Section 1.e.).
     b.  Disappearance
There were no known cases of disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits cruel and inhuman punishment, and
evidence obtained through torture or other coercion is
invalid.  However, the Government often ignores these
provisions.  Security and police authorities have historically
employed torture and abusive interrogation methods, usually in
the form of severe beatings or deprivation.  The Government
rarely enforces legal provisions prescribing punishment for
these abuses.
Prison conditions are poor, but generally not life-threatening.
     d.  Arbitrary Arrest, Detention, or Exile
The legal system provides for procedural rights, such as the
right to counsel, the right to release if no timely indictment
is brought, and the right to a speedy public trial.  In
practice, the judicial system generally fails to provide these
rights.
Police detain suspects without judicial authority or warrants,
occasionally through the device of house arrest.  The
Government holds detainees without charge or trial for extended
periods of time, sometimes incommunicado.  In February police
detained the president of the National Teachers Union, Luis
Nancassa for 3 days without charges; the police released him
without charge after appeals from a variety of leaders and the
threat of a prolonged teachers' strike.
Human rights monitors estimate that pretrial detainees arrested
without warrants and imprisoned without charges make up 90
percent of the prison population.  The authorities do not
routinely observe bail procedures.
There were no known cases of forced exile.
     e.  Denial of Fair Public Trial
Traditional law still prevails in most rural areas, and urban
dwellers often bring judicial disputes to traditional
counselors to avoid the costs and bureaucratic impediments of
the official legal system.  Police often resolve disputes.
Because of low salaries and poor training, judges are sometimes
subject to political pressures and corruption.  In May,
however, the Supreme Court resisted pressure from a number of
parties and ruled that all eight presidential candidates were
eligible to run.  The system is sometimes capable of providing
fair trial, even in very controversial cases.  For example,
after the police arrested 49 persons, including two prominent
members of opposition political parties for the 1993
assassination of an army officer, an investigation by a joint
military/police commission of inquiry resulted in the police
charging 17 persons with a variety of offenses.  The trials, in
a military court, received wide media attention and were
considered fair.  The court exonerated the two politicians,
sentenced most of the other detainees to terms of 2 to 8 years,
and sentenced the killer, Amadou Mane, to 15 years in prison.
Mane testified that senior security officials compelled him to
accuse the politicians falsely of attempting a coup.
Citizens who cannot afford an attorney have the right to a
court-appointed lawyer.
Under the new constitutional provisions which took effect in
November, military tribunals will only try cases of a strictly
military nature.  Civilian courts will now try state security
cases.  The Supreme Court is the final court of appeal for both
civilian and military cases.  The President has constitutional
authority to grant pardons and reduce sentences.
f.   Arbitrary Interference with Privacy, Family, Home, or
     Correspondence
The Constitution provides for the inviolability of domicile,
person, and correspondence, but the Government does not always
respect these rights.  The authorities examine international
and domestic mail, the security forces seldom use judicial
warrants, and the police sometimes force entry into private
homes.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
The Government owns and controls the only television station
and the major radio station.  In mid-1994 a station affiliated
with Radio France International began broadcasting under a
bilateral agreement.  At least one opposition political party
has been seeking a radio license since 1993.
There are two regularly published independent newspapers, which
are often critical of the Government, and several opposition
parties and the Human Rights League produce monthly
publications.  However, journalists continued to practice
self-censorship.
Television, radio, and newspapers provided a relatively
balanced selection of public opinion during the July and August
electoral campaign.  All opposition political parties took
advantage of access to television and radio air time.
Academic freedom is observed in schools and research
institutions.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  The Government requires prior approval for all
assemblies and demonstrations but permitted all opposition
political rallies which were requested.  In late July the
Ministry of Interior attempted to constrain opposition efforts
to support a single candidate in the second round of voting by
prohibiting campaign assistance to third parties.  The National
Election Commission overruled the Ministry, and all opposition
parties united behind the presidential candidacy of Dr. Koumba
Yala.  On February 8 police halted and dispersed a protest
march organized by the National Federation of Independent Trade
Unions (see Section 6.a.).
     c.  Freedom of Religion
The Constitution provides for freedom of religion and the
Government respects this right.  While religious groups must be
licensed by the Government, none were refused licenses.
Jehovah's Witnesses began missionary activities in 1994.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict movement within the country
and generally does not restrict foreign travel and emigration.
However, the Ministry of Interior used its authority to issue
passports to deny temporarily freedom of movement to one
opposition politician.  Citizens have the right to return and
are not subject to political revocation of their citizenship.
There are no provisions for asylum.
The number of refugees decreased to an estimated 13,600 as
peace in Senegal's Casamance region encouraged some Senegalese
refugees to return.  The Government continued its policy of
placing no pressure on refugees to return to Senegal.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
For the first time in the country's history, voters were able
to choose their government in multiparty elections judged by
international observers to be free and fair although they
acknowledged irregularities.  The PAIGC, the former ruling and
only legal political party, retained power by winning 62 of the
100 seats in the new National Assembly.  There are 2 opposition
blocs in the legislature, each with 19 seats.  The
Guinea-Bissau Resistance/Bafata Movement elected 19 deputies; 3
other parties joined together to form a second group of 19
deputies.
Women are underrepresented in the political process.  One of
the eight candidates for President in the recent national
elections was a woman.  In the National Assembly 10 of the 100
deputies are women, and they have formed a caucus across party
lines.  Only 2 of the new Cabinet's 25 members are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government generally did not interfere with the
Guinea-Bissau Human Rights League and international human
rights groups, which continued to investigate human rights
abuses.  However, the police did occasionally harass members of
the League.  In addition, the League's conference on police and
prisoner reform, which was to have featured Adama Dieng,
secretary general of the International Commission of Jurists,
was canceled when the Government prohibited security staff from
attending.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Discrimination against women persists although officially
prohibited by law.  Women are responsible for most work on
subsistence farms and have limited access to education,
especially in rural areas.  Women do not have equal access to
employment.  Among certain ethnic groups, women cannot own or
manage land or inherit property.
Physical violence, including wife beating, is an accepted means
of settling domestic disputes.  While police will intervene in
domestic disputes if requested, the Government has not taken
any measures to counter social pressure against reporting
domestic violence, rape, incest, and other mistreatment of
women.
     Children
Although there is no pattern of societal abuse against
children, within certain ethnic groups, especially the Fulas
and Mandinkas, female genital mutilation (FGM) is widespread.
Despite official prohibition of this practice which
international health experts have condemned as dangerous to
both physical and psychological health, the Government has not
taken effective action to halt FGM.  The Ministry of Public
Health initiated a poster campaign against FGM in 1994.  The
Government allocates only limited resources for children's
welfare and education.
     People with Disabilities
There is no legislation mandating accessibility to buildings or
government services for people with disabilities.
The law does not specifically prohibit discrimination against
people with disabilities, and the Government does not ensure
equal access to employment and education.  The State has made
some effort to assist disabled veterans through pension
programs, but these programs do not adequately address
veterans' health, housing, and food needs.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides to all civilian workers the freedom
to form and join independent trade unions.  However, the vast
majority of the population works in subsistence agriculture;
only a small percentage of workers are in the wage sector and
are organized.
The Government registers all labor unions.  There are 11 labor
unions registered and operating.  All unions are officially
independent of the Government, but seven unions are affiliated
with the National Trade Union Confederation (UNTG), which
retains informal ties with the PAIGC.  The law does not favor
UNTG-affiliated unions over others.  The Constitution provides
for the right to strike and protection from retribution against
strike activities.
The only legal restriction on strikes is the requirement for
prior notice, including the reasons for the strike and its
expected duration.  The National Teachers Union conducted the
only legal strike; its grievances were never fully resolved,
and despite laws prohibiting such practices, employers
retaliated against the strikers.  According to union and human
rights monitors, several teachers supporting the strike lost
their jobs or were transferred to positions of lesser
responsibility.  Several other labor disputes were resolved by
nonbinding arbitration conducted by unions or the Ministry of
Public Works, Civil Service and Administrative Reform.
All unions are free to affiliate with national confederations
and international labor organizations of their choice.
     b.  The Right to Organize and Bargain Collectively
The Constitution does not provide for or protect the right to
bargain collectively, and there were no instances of genuine
collective bargaining.  Most wages are established in bilateral
negotiations between workers and employers, taking into
consideration the minimum salaries set annually by the
Government's Council of Ministers.
The Government's provision for the protection of workers
against antiunion discrimination has little effect where union
membership is low.  The Government did not adopt any laws to
establish penal sanctions against employers practicing such
discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal, and it is not known to
exist.
     d.  Minimum Age for Employment of Children
The General Labor Act of 1986 established a minimum age of 14
years for general factory labor and 18 years for heavy or
dangerous labor, including all labor in mines.  These minimum
age requirements are generally followed in the small wage
sector, but the Ministry of Civil Service and Labor does not
enforce these requirements in other sectors.  Children in
cities often work in street trading, and those in rural
communities do domestic and field work without pay.  The
Government does not attempt to discourage these traditional
practices.
     e.  Acceptable Conditions of Work
The Government's Council of Ministers annually establishes
minimum wages for all categories of work but does not enforce
them.  The lowest monthly wage is less than $10 (140,555
pesos).  This wage is inadequate to maintain even a minimum
standard of living, and workers must supplement their income
through other work, reliance on the extended family, and
subsistence agriculture.  The maximum number of hours permitted
in a normal workweek without further compensation is 45, but
the Government does not enforce this provision.
The Ministry of Civil Service and Labor establishes legal
health and safety standards for workers, with the cooperation
of the unions, which are then adopted into law by the National
Assembly.  However, the Government does not enforce these
standards, and many persons work in conditions which endanger
their health and safety.
GUYANA1
qTITLE:  GUYANA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             GUYANA
The Co-operative Republic of Guyana, a member of the
Commonwealth of Nations and the Caribbean Community (Caricom),
is a small, multiracial developing nation with a unicameral
Parliament chosen by direct election in a multiparty political
system.  Dr. Cheddi Jagan, leader of the majority party in
Parliament, is Executive President.  He appoints the Prime
Minister and other ministers.  Local and international
observers generally agreed that the 1992 general elections and
the 1994 municipal elections were free and fair.
The Guyana Defence Force (GDF) and the Guyana Police Force
(GPF) comprise the security forces.  The GPF has primary
responsibility for maintaining law and order throughout
Guyana.  The police and security forces are subordinate to the
Government.  Low pay and a high vacancy rate undermined the
ability of the police force to carry out its functions, and the
Guyana Human Rights Association charged GPF members with
brutality and shootings.
Although the economy is largely agricultural, with sugar and
rice important export earners, gold mining and timber
production are fast-growing industries.  Despite 4 straight
years of annual economic growth between 6.0 and 8.3 percent,
the per capita gross domestic product was only about $640.  The
economy suffers from high external debt, shortages of skilled
labor, and a deteriorating infrastructure.
Human rights problems continued to include police abuse of
detainees and prisoners, severe delays in the inefficient
judicial system, societal violence against women and children,
and discrimination against the indigenous Amerindians.  Police
abuses were often committed with impunity, and the Police
Complaints Authority is largely ineffective because it lacks
independent power.  There are still some limitations on worker
rights, but political control of union activity has diminished.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
There was one extrajudicial killing by a member of a community
police group (private citizens patrolling their neighborhoods).
Rural Police Sergeant Lall (an Indo-Guyanese) shot and killed
Kenny France (an Afro-Guyanese).  Police said that France was
shot when he and others attempted to prevent Lall and three
others from arresting France's stepson.  As a result, the
Guyana Human Rights Association (GHRA) charged that the
community policing concept was "out of control" and deplored
the "untrained citizens" groups' increasing access to
firearms.  According to the Minister of Home Affairs, the GPF
provides some training and equipment to community police groups
and often conducts joint patrols with them.
An alleged extrajudicial killing involved the death of
Shivnarine Dalchand, who died while in police custody.  Police
claim Dalchand drowned while attempting to escape but
subsequently said he was rescued but died later.  GHRA said
this version of his death was "challenged by family and
eyewitnesses."  A post mortem showed cause of death to be
pulmonary edema, and no additional evidence confirmed this to
be an extrajudicial killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture, the GHRA and the
press reported a rise in the number of reports of police
brutality, including beatings and deliberate shootings during
arrest and detention.  The Police Complaints Authority (PCA)
sent 131 complaints to the Police Commissioner; however, this
figure includes complaints of corruption as well as brutality.
For example, in August police arrested Sean Austin on a charge
of armed robbery.  The police claimed they shot Austin after he
attempted to attack a police officer with a knife.  Newspapers
cited eyewitnesses as saying the police shot Austin in the
thigh without provocation, and them shot him twice more in the
shoulder and stomach.  Austin survived the shooting and is
awaiting trial on a charge of armed robbery.  There apparently
was no further investigation into the shooting.
In September principal magistrate Paul Fung-a-fat dismissed
charges of stealing ammunition against GDF soldier Sean
Goodluck, saying he had seen a letter which confirmed that
Goodluck was beaten while in GDF custody.  Goodluck suffered a
broken arm.  The authorities presented no evidence against
Goodluck in court, except confessions made by three other
defendants, all unrepresented by legal counsel.  Although the
magistrate dismissed the charges, the GDF found Goodluck
"unsuitable for continued military service" and discharged
him.  They also discharged the GDF member who beat him.  This
was the only allegation of human rights abuse against the
Guyana Defence Force in recent years.
Also in September, four police officers were accused of raping
a woman who went to the police mounted branch in Georgetown
seeking police assistance.  The authorities subsequently
charged and remanded for trial two of these officers.
The GHRA alleged that police severely beat Leroy Marshall
during the 5 days he was in custody before being charged with
stealing two gold chains.  The police deny that Marshall was
beaten.
As in previous years, confessions were occasionally thrown out
of court on the grounds that they were coerced.  The GHRA
announced on September 1 that in the preceding week it had
received 17 complaints of police brutality and shootings from
various parts of the country, more than in any other single
week in its 15-year history.  The body charged with looking
into complaints of police brutality or abuse, the Police
Complaints Authority (PCA), has no power to interview police
officers or witnesses, and must rely on material submitted by
the police.  The government Ombudsman lacks the authority to
look into allegations of police misconduct.
In 1993 the Government reported that it charged and placed
before the courts 18 members of the Police Force for criminal
offenses including murder, manslaughter, rape, robbery, and
corruption.  (No figures were yet available for 1994.)  When
they bring charges against officers as a result of complaints
to the PCA or through other means, the authorities routinely
suspend them for a few days.  If convicted, the courts
sometimes fine them and order dismissal from their jobs, but
rarely impose jail sentences for their offenses.  In essence,
the police force is responsible for investigating itself and
failed to do so effectively, with the result that members of
the police force commit abuses with impunity.  The PCA reported
that in 1993 the Commissioner of Police did not respond to 69
of the 131 complaints (which include corruption and other
allegations apart from brutality) which it sent for
investigation.
The prison in Georgetown is severely overcrowded and houses
only men.  Poor diet, inadequate medical attention, and
underpaid and poorly trained staff characterize the prison
system.  After sentencing, all women prisoners are held in the
sole women's prison in New Amsterdam.  The facility's isolated
location and lack of adequate staff make it difficult for
family members from other parts of the country to visit.
Except for the prison at New Amsterdam, prison visiting
committees, which check on conditions in prisons, were inactive
in 1994.  Prison authorities continued to show receptivity to
suggestions for improvement in the prisons and cooperated with
the GHRA in projects to provide occupational training for some
prisoners.  The GHRA participated in training courses for new
prison officers, continuing education programs for veteran
officers, and discussions on civic education topics with
prisoners.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides that no person may be deprived of
personal liberty except as authorized by law and requires
judicial determination of the legality of detention.  The
authorities generally respected this mandate in practice.
The law does not require that a court official issue an arrest
warrant; a police officer may make an arrest based upon an
assessment of guilt.  The law requires that a person arrested
and held for more than 48 hours be brought before a court to be
charged.  In practice, the authorities sometimes hold prisoners
more than 48 hours without bringing charges.
Forced exile is not practiced.
     e.  Denial of Fair Public Trial
The Constitution provides that anyone charged with a criminal
offense has the right to a hearing by a court of law, and the
authorities respect this right in practice.  Guyana has a
functioning bail system, except in murder cases.  Defendants
are granted public trials, and appeal may be made to higher
courts.
However, the inefficiency of the judicial system is so great as
to undermine due process.  Shortages of trained court
administrative personnel and magistrates, inadequate resources,
low salary levels, and the slowness of police in getting cases
ready for trial cause extensive delays in judicial
proceedings.  As a result, the authorities often detained
prisoners for 3 or 4 years while awaiting trial.
Although the law recognizes the right to legal counsel, in
practice, with the exception of capital crimes, it has been
limited to those who can afford to pay.  The court assigns an
attorney to defendants in murder cases.  Otherwise, virtually
no lawyers work pro bono in criminal cases.  A small group of
lawyers set up a legal aid clinic in 1994, but it focuses
mainly on civil cases.  The Guyana Association of Women Lawyers
also provides free legal services for civil cases only.
There are no political prisoners or special courts for
political security cases.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government generally respects the right to privacy,
although some opposition politicians have claimed instances of
government surveillance of political meetings and rallies.
(Uniformed police officers are routinely present at such
rallies.)  Police generally respected the laws requiring
judicially issued search warrants.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The authorities generally respected the constitutional
provision for freedom of speech, and Guyanese freely criticize
their government and its policies.
The Government's role in the media declined greatly due to the
increased availability of nongovernment-owned newspapers and
the rapid growth of independent television.  Independent and
opposition newspapers frequently criticized the Government in
editorials and satirized it in cartoons.
The government-owned Guyana Television and the two radio
stations controlled by the government-owned Guyana Broadcasting
Corporation offer relatively evenhanded reporting of local
events.  Guyana has no private radio stations, but there are
seven private television stations in Georgetown, and several
more in outlying towns.  Two of the private television stations
produce independent newscasts, and a third station offers
frequent public affairs programming which is often critical of
the Government.
There were no restrictions on academic freedom in 1994.
     b.  Freedom of Peaceful Assembly and Association
The Public Order Act requires police permits for mass political
meetings.  The Police Commissioner has the authority to refuse
permission for a public meeting at his discretion and without
explanation.  There was no evidence that he used this authority
for political purposes.  Political parties and other groups
held public meetings and rallies throughout the country without
hindrance in the course of hard-fought municipal and local
elections.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and members
of all faiths worship freely.  There are no restrictions on
foreign religious groups proselytizing in Guyana and foreign
missionaries work in the country without hindrance.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement within
Guyana.  Travel to Amerindian areas requires government
permission, the result of a law dating from colonial times
designed to protect indigenous people from exploitation.  In
practice, however, most people travel throughout these areas
without a permit.  Guyanese are free to travel abroad, to
emigrate, and to return.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Voters choose members of the unicameral Parliament by direct
election in a multiparty political system based on proportional
representation.  The leader of the party which obtains a
plurality of seats in Parliament during national elections is
sworn in as Executive President.  The President appoints a
Cabinet, headed by a Prime Minister, which together with the
President exercises executive power.
Guyanese are free to join or support political parties of their
choice.  Any citizen 18 years or older may register to vote.
Local and foreign observers generally considered the 1992
national elections, as well as the 1994 municipal and local
elections in most parts of the country, to be free, fair, and
open.
There are no legal impediments to women or minorities
participating in the political process, but in practice the
indigenous Amerindian minority has little influence on
decisions affecting its interests (see Section 5).  The Cabinet
includes two women, two persons of Portuguese descent, one of
Chinese origin, eight of East Indian extraction, four
Afro-Guyanese, and one Amerindian.  The 65-member Parliament
includes 12 women and 3 Amerindians, representing both major
parties.  Following the 1994 municipal elections, a woman
became deputy mayor of the capital city of Georgetown.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Guyana Human Rights Association, the most active local
human rights group, functioned without government interference
in 1994.  The GHRA is a nongovernmental organization formed in
1979 with the participation of trade unions, professional
organizations, various ethnic groups, and churches.  It issues
periodic press releases and publishes an annual report on human
rights in Guyana.  The Government made no official statements
on either GHRA or foreign human rights reports.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides fundamental rights for all persons in
Guyana regardless of race, sex, religion, or national origin.
     Women
In principle, the Constitution prohibits discrimination on the
basis of sex and commits the Government to ensure equal pay for
equal work.  However, a 1988 government-sponsored
constitutional amendment rendered the equal pay provision
unenforceable except in cases in which equal pay for equal work
is provided for by specific statute.  No such statutes have
been enacted.  Increased activity by women's groups led to
heightened awareness of sexual harassment.  A mining company
dismissed four men accused of sexually harassing a teenage
girl, and in November a businessman was charged with indecent
assault for alleged sexual harassment of a female employee.
Dismissal because of pregnancy is both legal and common.
Legislation protects women's property rights under common-law
marriage, entitling a woman who separates or divorces to
one-half the couple's property if she had been working and
one-third the property if she had been a housewife.  However,
divorce by consent remains illegal, and there are unequal
provisions regarding adultery as grounds for divorce.  The
legislation also gave authority to the courts to overturn a
man's will in the event it did not provide for his wife.
Violence against women and children, including domestic
violence, is a significant problem.  Wife beating, rape, and
incest are common, but victims rarely report such crimes to the
authorities.  Victims of such abuse who do seek redress from
the police and the courts often suffer social retribution and
additional harassment from the authorities charged with
pursuing their claims.  Because of their economic circumstances
and the lack of any family shelters or other place of solace,
victims of domestic violence are often trapped in their homes
with their abusers.  In one case in Georgetown in March, a man
stabbed his common-law wife and threw her into a ditch.  He was
charged with attempted murder, but was discharged by a court
after his wife pleaded for his release, saying that she could
not support their seven children without him.
     Children
An estimated 65 to 86 percent of the population lives in
poverty, and children are more severely affected than any other
group.  The severe deterioration of the public education and
health care systems has stunted children's futures and often
cut short their lives.  Children's lives are also adversely
affected by migration.  Over 3 percent of Guyana's population
emigrates every year in search of a brighter economic future.
As parents migrate, particularly when planning to enter other
countries illegally, they often leave their children behind to
be raised by other family members, friends, or by other
children.  The administration of justice for children is
characterized by a punitive legal system which does not take
into account the needs of children suffering sexual, physical,
or emotional abuse.
     Indigenous People
The small Amerindian population is composed of nine tribal
groups, most living in reservations and villages in remote
parts of the interior.  Their standard of living is much lower
than that of most Guyanese, and their ability to participate in
decisions affecting their lands, cultures, traditions, and the
allocation of natural resources is limited.
The Amerindian Act regulates Amerindian life, and is legislation
dating from colonial times designed to protect indigenous
people from exploitation.  The Act gives the Government the
power to determine who is an Amerindian and what is an
Amerindian community, to appoint Amerindian leaders, and to
cancel or annul decisions made by Amerindian councils.  It also
prohibits the sale of alcohol to Amerindians and requires
government permission before any Amerindian can accept formal
employment, although these provisions generally are not
enforced.  Both individuals and Amerindian groups remain free
to criticize the Government.  In April representatives from all
Amerindian communities and tribes met with government
officials, including President Jagan, to discuss Amerindian
problems.
In December 1993 Parliament appointed a select committee to
recommend revisions to the Amerindian Act to make it more
democratic and enhance Amerindian self-determination.  Through
September, the committee had met only twice.  The Minister of
Amerindian Affairs, himself an Amerindian, lacks a staff and
separate budget.
During its first 2 years in office, the Jagan administration
did not distribute any land titles to Amerindians, arguing that
the land must first be surveyed.  The Government still holds
title to 90 percent of the lands claimed by Amerindians, and
through the Amerindian Act may repossess land titles already
distributed if it determines that it is in the Amerindians'
interest.  The Government is negotiating with foreign mining
and timber companies for additional concessions on
Amerindian-occupied land.  Amerindians displaced by timber and
mining operations in such cases have no legal recourse.  The
Barama company, owned by South Korean and Malaysian investors,
continued to develop its 4.2-million-acre timber concession in
an area where 1,200 Amerindians live, only 550 of them in
government-recognized villages.  The remainder, scattered along
rivers in the concession, have no legal protection for their
homesteads.
     National/Racial/Ethnic Minorities
Longstanding ethnic tensions, primarily between Guyanese of
African and East Indian descent, continued to influence
Guyanese society and political life.  The civil service and
defense and police forces are overwhelmingly staffed by
Afro-Guyanese.  Recruitment efforts targeted at Indo-Guyanese
candidates for the uniformed services generally have met with
an unenthusiastic response, with most qualified Indo-Guyanese
candidates opting for a business or professional career over
military, police, or public service.  The Chief of Staff of the
Guyana Defence Force and the Deputy Commissioner of Police,
however, are Indo-Guyanese, and there are other Indo-Guyanese
officers in both services.
     People with Disabilities
Guyana has several special schools and training centers for the
disabled, but like the rest of the educational system these are
understaffed and in severe disrepair.  The lack of appropriate
infrastructure to provide accessibility to both public and
private facilities makes it very difficult to employ the
disabled outside their homes.  There is no law mandating
provision of access for people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of association and
specifically enumerates a worker's right to "form or belong to
trade unions."  The law does not require employers to recognize
a union in the workplace, even if a large majority of workers
have indicated their desire to be represented by a union.  The
Minister of Labour sent a new trade union recognition bill to
the Attorney General for comment in 1993, and the Government
presented the bill to Parliament in December 1994.
Most union members work in the public sector and in state-owned
enterprises.  Organized labor freely associates in one major
national federation, the Guyana Trades Union Congress (TUC),
composed of 22 unions.  There is a tradition of close ties
between the trade union movement and political parties.
Historically, the two major political parties wielded
significant influence over the leadership of a number of
unions, and trade union officials often served in dual roles as
party officials.
Workers have a generally recognized right to strike, but the
law nominally forbids public employees providing essential
services from striking (a procedure exists for the review of
their grievances by a tribunal appointed by the Minister of
Labour).  However, this rule is not enforced, and employees in
essential services went on strike three times during the first
9 months of 1994.
Most strikes in 1994 were illegal, i.e., the union leadership
did not approve them or they did not meet the requirements
specified in collective bargaining agreements.  The newly
emergent private sector fired workers on three occasions for
engaging in illegal industrial actions, but they were usually
reinstated after the strike was settled.
Unions and their federations freely maintain relations with
recognized Caribbean and international trade union and
professional groups.  All three of the major international
trade union federations have affiliates in Guyana.
     b.  The Right to Organize and Bargain Collectively
Public and private sector employees possess and utilize the
generally accepted right to organize and to bargain
collectively.  The Ministry of Labour certifies all collective
bargaining agreements and has never refused to do so.  This
right is not codified, however, and employers are not legally
required to recognize unions or bargain with them.
Individual unions directly negotiate collective bargaining
status, pursuant to the 1993 repeal of a regulation which
required that all collective bargaining be negotiated through
the TUC.  Unions remain unhappy with the provision granting the
Ministry of Finance veto power over wage contracts negotiated
by other ministries.  In one case, the Ministry of Finance
forced the Ministry of Public Service to renege on a contract
the latter signed with the four principal public service unions
by announcing that the Government did not have the funds to pay
promised wage increases.
The Chief Labour Officer and the staff of the Ministry of
Labour provide consultation, enforcement, and conciliation
services.  The Ministry of Labour certified 50 collective
bargaining agreements in the first 9 months of 1994, up from 47
for all of 1993.  The Ministry has a backlog of cases, and
insufficient manpower and transportation severely limit the
Ministry's ability to carry out its function.
The Ministry of Labour investigated possible antiunion
discrimination at Continental Industries.  Continental was
accused of denying would-be union organizers access to workers
and of firing workers engaged in union organization.
Union leaders make credible charges that workers attempting to
unionize workplaces are frequently harassed and intimidated and
that the Ministry does not expeditiously investigate complaints
that employers dismiss workers when confronted with union
organizing efforts.  There is no legal mechanism to require
employers found guilty of antiunion discrimination to rehire
employees fired for union activities.
Guyana has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there is no indication that it occurs.
     d.  Minimum Age for Employment of Children
The Factories Act and the Employment of Young Persons and
Children Act set out minimum age requirements.  Legally, no
person under 14 years of age may be employed in any industrial
undertaking, and no person under 16 may be employed at night,
except under regulated circumstances.  The law permits children
under age 14 to be employed only in enterprises in which
members of the same family are employed.  Poverty-stricken
young children work, however, and it is common throughout the
country to see very young children engaged in street trading.
While cognizant of the situation, the Ministry of Labour does
not employ sufficient inspectors to enforce existing laws
effectively.
     e.  Acceptable Conditions of Work
The Government establishes a public sector minimum wage which
was the equivalent of $4.00 per day as of July 1.  The Labour
Act and the Wages Councils Act allow the Labour Ministry to set
minimum wages for various categories of private employers.  The
Government raised official minimum wages by over 400 percent in
November 1993; it set the minimum wage for unskilled workers at
the equivalent of $0.17 per hour.  Both the legal minimum wage
for the private sector and the public sector minimum wage are
insufficient to provide a decent standard of living for a
family.  There is no enforcement mechanism, and unorganized
workers, particularly women and children, are frequently paid
less than what is legally required.
The Shops Act and the Factories Act set hours of employment,
which vary by industry and sector.  In general, work in excess
of an 8-hour day or a 44-hour week requires payment of an
overtime rate; however, if the initial contract stipulates a
48-hour workweek, then the overtime rate only applies to hours
worked in excess of 48 hours.  The law does not provide for at
least one 24-hour rest period.
The Factories Act also sets forth workplace safety and health
standards.  The Occupation Health and Safety Division of the
Ministry of Labour is charged with conducting factory
inspections and investigating complaints of substandard
workplace conditions.  As with its other responsibilities,
inadequate resources prevented the Ministry from effectively
carrying out this function.  Workers cannot remove themselves
from dangerous work situations without jeopardy to continued
employment.
HAITI1
gTITLE:  HAITI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             HAITI
Haiti underwent profound changes in 1994.  An illegal military
regime, which had assumed power after ousting President Jean-
Bertrand Aristide in a 1991 coup, retained firm control of the
country for the first 9 months.  During this time, the level of
human rights abuses escalated.  Meanwhile, the international
community was imposing additional pressures on Haiti--including
a near-total economic embargo--in response to the military
leaders' failure to abide by their agreements with the
international community in 1993 to step down from power.
The human rights abuses during these 9 months of the de facto
regime included political and extrajudicial killings by the
security forces and their allies; disappearances; and
politically motivated rapes, beatings, and other mistreatment
of citizens, both in and out of prison.  Although the
Constitution places responsibility for public security and law
enforcement on the Haitian armed forces (Forces Armees d'Haiti,
or FAd'H, which include the police), under the de facto regime
the FAd'H and its various affiliates completely disrupted the
rule of law and used their monopoly of power for financial gain
as well as to subjugate and abuse the populace.
Paramilitary personnel in civilian clothes, including "attaches"
and provincial section chiefs (the latter were adjuncts to the
FAd'H, authorized under military regulations), both assisted
the FAd'H and conducted much of the intimidation and violent
repression.  Other supporters, including a group that had
emerged in 1993 as the Revolutionary Front for Advancement and
Progress of Haiti (FRAPH), allied themselves with FAd'H
leadership.  FRAPH consolidated its position throughout the
country in the first part of 1994, opening offices in most
towns and villages, and infiltrating poorer neighborhoods.
The human rights monitors of the United Nations/Organization of
American States International Civilian Mission (ICM), who
returned to Haiti in late January after having left in October
1993, documented the ongoing state of repression and brought it
to international attention.  They were, however, themselves
subject to harassment and threats from the de facto authorities
and their allies.  After April, lack of security confined the
ICM largely to Port-au-Prince and other main cities.  The de
facto authorities expelled the ICM in early July 1994;
afterwards, other human rights and local organizations reported
an increase in violations.
On July 31, the United Nations Security Council (UNSC),
"gravely concerned" by the "deterioration of the humanitarian
situation in Haiti, in particular the continuing escalation of
the illegal de facto regime of systematic violations of civil
liberties," adopted Resolution 940, which called for the
formation of a multinational coalition to use "all necessary
means" to remove the illegal regime and return Haiti's
legitimate Government to power.
On September 19, the U.S.-led Multinational Force (MNF)
peacefully entered Haiti, 1 day after an accord worked out by
former President Jimmy Carter, former Chairman of the Joint
Chiefs of Staff Colin Powell, and Senator Sam Nunn, who
traveled to Haiti and negotiated on behalf of the U.S.
Government at the request of President Clinton.  The accord
required General Raoul Cedras and the military regime he headed
to resign from power by October 15.
Following its deployment, the MNF worked to establish a secure
and stable environment, and it restored Haitian cabinet
ministers to their Ministries.  Parliamentarians were able to
return to their offices to work on urgent legislation,
including an amnesty bill and a constitutionally mandated law
to create a national police force separate from the armed
forces and under the supervision of the Ministry of Justice.
Following the departure of General Cedras and other leaders of
the de facto regime, President Aristide returned to Haiti on
October 15, culminating the restoration to power of the
legitimate Government.  The ICM monitors also returned during
this time.
Parliament adopted the amnesty legislation in early October and
the police bill in early November, as well as a law banning
paramilitary forces.  The Government worked with U.S. officials
to evaluate members of the FAd'H and create an interim public
security force of 3,500, whose training included a human rights
component.  This security force was deployed throughout the
country by year's end, under the supervision of International
Police Monitors (IPM's) from over 20 nations, and assisted by
police trainees.  The Government also developed plans for a new
police academy to train between 3,000 and 4,000 new civilian
police in 4-month intensive courses beginning in early 1995.
In late December, the Government announced a reduction in FAd'H
personnel from 6,000 to 3,500.
Yearend MNF reports stated that a secure and stable environment
had been established and that political violence had been
drastically reduced.  At the same time there was a noticeable
increase in crime, primarily around the capital.  By the end of
1994, the executive branch had promulgated the police law but
not the amnesty bill.  The mandates of all members of the
Chamber of Deputies, two-thirds of the Senate, and most
municipal offices neared an end.  All three branches agreed to
select members for a Provisional Electoral Council to conduct
mandated legislative and municipal elections early in 1995.
Weakened first by years of government mismanagement and then by
international sanctions after the 1991 coup, the economy
deteriorated drastically in 1994, and the already difficult
living conditions of the general populace declined even more.
While contraband gasoline continued to enter the country, its
price soared, limiting citizens' ability to operate their
automobiles.  Fuel shortages also curtailed public
transportation, isolated far-flung towns, and reduced the
availability of electric power.  On the return of President
Aristide, however, the international community began to work
with the Government to rebuild Haiti's economy.  Humanitarian
assistance programs were expanded, and programs to provide
access to medical care continued.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In the 5-month period until its expulsion by the de facto
regime on July 13, the ICM recorded 340 cases of extrajudicial
killings and suspicious deaths.  In the months following the
ICM's departure from Haiti, one coalition of local human rights
organizations reported 41 extrajudicial killings for the month
of July alone.  Local organizations reported that extrajudicial
killings continued at that rate in August and early September.
Prior to September 19, military and police authorities,
assisted by their civilian adjuncts, were responsible for
several multiple killings and "security actions."  In February
police killed at least six young men who belonged to a
political organization in a raid on a house in the Cite Soleil
neighborhood of Port-au-Prince.  Police sources asserted the
deaths resulted from a gang dispute.  ICM monitors, however,
found evidence of a well-planned police raid on the group.  At
the end of April, military authorities in Gonaives, who were
seeking a pro-Aristide activist, opened fire on a wide area of
beach in the slum area of Raboteau, killing as many as 26
persons.  They asserted the action was in response to a
terrorist attack on the police station, but there was no
evidence of any such attack.  Also in July, citizens discovered
the shallow graves of 12 young men in Gressiers, near Leogane.
The police asserted that the 12 were car thieves killed in a
gun battle, but local residents reported hearing no shots
nearby, and the police did not explain the unorthodox burial.
In late June and July, the military commander in Les Cayes
department instituted a series of sweeps, allegedly seeking
those responsible for an attack on the military post in Camp
Perrin.  At least five of the men the police arrested during
these sweeps died in police custody, following reported
beatings and torture.
Attaches, FRAPH members, and armed urban bandits called
"zenglendos" took advantage of the climate of impunity to carry
out both political and criminal killings.  Following the murder
of a FRAPH member in late December 1993, unidentified
terrorists set fires which engulfed several blocks in Cite
Soleil, resulting in at least six deaths, many more missing,
and hundreds left homeless.  Witnesses gave evidence supporting
FRAPH complicity.  Armed civilians killed a group of four known
Aristide supporters in a late May attack, also in Cite Soleil.
In a high-profile incident, unknown persons shot and killed
Father Jean-Marie Vincent, an associate of President Aristide
and former activist priest, outside the chapter house of his
order in Port-au-Prince on August 28.  An ambulance and police
investigatory team arrived within minutes, before the killing
had even been reported.  A week later, an unidentified gunman
killed a local attorney in a drive-by shooting, within sight of
police headquarters, allegedly because of his work on a
prominent murder trial.  The authorities, responding to intense
pressure particularly on the Vincent murder (see Section 2.c.),
claimed to have undertaken investigations but they made no
serious effort and never announced any results.
Through the first 9 months of 1994, residents continued to
discover the bodies of persons killed by gunshot or machete in
the streets of Port-au-Prince.  Certain roads were particularly
well-known as drop-off sites for corpses, which sometimes
remained there for several days until health authorities picked
them up.  Given the complete lack of police or judicial
investigation, it is difficult to determine how many of these
were politically motivated cases, as opposed to criminal, but
there is sufficient evidence to support the presumption that a
significant number were, in fact, political killings.  FRAPH
members or other armed civilians reportedly had seized some of
these persons prior to the discovery of the remains.  The de
facto government not only took no action to curb political
killings but even accused the ICM and other human rights groups
of purchasing cadavers and leaving them in the streets to
discredit the military regime.
Political violence was dramatically reduced in the weeks after
the entry of the MNF on September 19.  While politically
motivated violence continued in isolated instances, it became
infrequent by early November, although there was a noticeable
increase in common crime, particularly around the capital.  In
one instance, armed civilians attacked peaceful pro-Aristide
demonstrators in Port-au-Prince with grenades on September 29,
killing several people.  A FRAPH attack against populist
marchers September 30 resulted in two dead.  Anti-Aristide
elements remained, particularly in remote areas, where they
killed and intimidated local inhabitants in several instances.
Neighbors beat a well-known Haitian painter to death in early
October; some human rights groups alleged that the assailants
were attaches.  The death of the deputy mayor of the central
plateau town of Mirebalais, who was found beheaded in early
November, may have been involved in a dispute with a local
section chief.  In incidents in both Port-au-Prince and the
provinces, crowds beat--sometimes to death--individuals they
named as attaches, members of FRAPH or, in two cases in the
central plateau and northern provinces, members of the FAd'H.
The MNF also documented attacks against members of the Haitian
armed forces and FRAPH adherents.  Two opposition members of
Parliament reported their houses were attacked during the
weekend of President Aristide's return to Haiti, and mobs tore
down police stations in several towns, including the capital.
At the end of the year, the U.N. Secretary General reported to
the UNSC that "following the arrival of the MNF and the
subsequent disintegration of the FAd'H, the human rights
situation has improved.  Politically motivated violence and
human rights abuses have decreased, though individual acts
still occur sporadically and the ICM, for instance, has
investigated beatings of detainees by the FAd'H.  It has also
received reports of violent attacks by former section chiefs,
attaches, or alleged FRAPH members.  Since the killing of the
second deputy mayor of Mirebalais on November 4, 1994, however,
the ICM has not heard of any murder ascribed to the former
military or paramilitary forces."
     b.  Disappearance
The ICM reported 131 cases of disappearance or "seizures" from
January through June, and human rights organizations continued
to report disappearances throughout the summer and until the
arrival of the MNF.  Historically, those who disappear in Haiti
either are never found or are found dead.  There is credible
evidence of FRAPH and attache participation in many of these
reported disappearances.  Information gathered by the ICM and
other human rights groups, as well as that uncovered in refugee
case investigations, indicates that both armed civilians and
military personnel in civilian clothing seized people and took
them to private "jails" where these armed groups mistreated and
sometimes killed their victims.
There were no reports of disappearances after the entry of the
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the 1987 Constitution prohibits unnecessary force or
restraint, psychological pressure, or physical brutality, the
military regime and the de facto authorities largely ignored
these constitutional protections, and ill-treatment remained
widespread until the entry of the MNF in September.  The de
facto authorities routinely employed brutal beatings with fists
and clubs, torture, and other cruel treatment on detainees.
When the MNF inspected the prison in Les Cayes, it found 40
detainees, some of whom had beating wounds on the buttocks
which went to the bone.  The de facto authorities tolerated and
condoned widespread physical abuse of detainees, creating a
climate of impunity which resulted in some particularly vicious
activities.  The authorities and their paramilitary adjuncts
reputedly made use of the "djak", in which a victim is tied in
a position which permits a more thorough beating by club, and
of "kalot marasa," a torture technique in which the assailant
claps both hands over a victim's ears simultaneously, bursting
the eardrums.  In the southwest town of Chardonnieres, the
local corporal cut off the ear of an accused thief and carved
his initials in his flesh.  The authorities disciplined
him--and then only nominally--only after he beat a priest who
was related to a senior officer.
Paramilitary assailants (and reportedly military officers in
mufti) increasingly used rape as an instrument of
intimidation.  The ICM registered 52 cases of politically
motivated rape from January through May, and reports continued
to be received after the ICM's expulsion.  In some cases, the
victim herself had been involved in some political activity.  A
more common pattern, however, was the use of rape or other
sexual abuse as a means of intimidating a woman's politically
active male relatives and neighbors.  In some instances,
assailants reportedly abused girls as young as 12 or 13 years
of age.  The majority of such rapes occurred in the slums of
Port-au-Prince, although some cases were reported in the
provinces.
Prisoners and detainees suffered from a lack of the most basic
hygiene facilities as well as from inadequate food and health
care, including medical treatment for injuries received in
custody.  In most prisons, prisoners and detainees had to rely
on family to bring food and medicine; there were many reliable
reports, including in both Les Cayes and Leogane, of the
authorities denying families entry for that purpose.  The
authorities routinely violated the law by detaining children
together with adults.  A nongovernmental organization (NGO)
that had performed prison monitoring was unable to continue in
1994, after threats and attacks forced its director into exile
in late 1993.  The International Committee of the Red Cross
(ICRC) did, however, appoint a permanent representative in
Haiti and was able to obtain permission for some monitoring
from the de facto government.  The ICM monitors were able only
occasionally to gain access to detainees, and not at all after
April.
After the MNF's deployment, the ICRC continued to monitor
prison conditions with a full team of delegates.  Although the
MNF was able to make improvements, the military regime had
allowed the prisons to deteriorate so much that the Aristide
Government had not been able to develop a comprehensive
rehabilitation plan by year's end.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention were a persistent human rights
problem in Haiti since the 1991 coup.  The ICM, in a last press
release before its July 1994 departure, simply listed this
category of violation at "several hundred."
According to the Constitution, the authorities may arrest a
person only if they apprehend the suspect during the commission
of a crime, or if an authorized judge has issued a warrant.
The authorities must bring the person before a judge within
48 hours of arrest.  In practice, however, soldiers and
provincial officials regularly used arbitrary arrest and
detention to intimidate the people and to extort money from
them.  The frequency of this practice makes it difficult to
determine the number of arrests on purely political grounds,
but the two were often interrelated.  Provincial section chiefs
generally knew well the members of local grassroots
organizations and reportedly detained them during times of
political tension and released them upon payment of a bribe.
Police also sometimes arrested family members of a wanted man
and held them to force him out of hiding.  For example, police
arrested 17-year-old Balaguer Metayer in November 1993 when
they sought his brother in connection with "terrorism" in the
Gonaives area.  Despite strong international pressure and a
court order in Haiti, the police held the youth until August,
when they abruptly released him.  Most arbitrary arrest cases
pass unnoticed outside the victim's family.  In some instances,
international pressure succeeded in bringing about the release
of some detainees, such as Aristide supporter Gardy Leblanc in
Miragoane in August and an approved refugee applicant in the
southern town of Chantal.
The Constitution provides for the separation of the police from
the armed forces.  President Aristide sent legislation to the
Parliament to fulfill this provision by creating a new civilian
police force under the supervision of the Ministry of Justice.
After parliamentary approval, the Government promulgated the
new law on December 26.
Following the restoration of the legitimate Government by the
Multinational Force, the international community initiated a
program to create an interim police force meeting
internationally recognized human rights standards to assume
public security responsibilities and to select, train, and
deploy a new civilian police force.  The program included four
elements:  International Police Monitors (IPM's), an Interim
Public Security Force (IPSF), police trainees from the U.S.
safe haven in Guantanamo, and a new police academy.
In consultation with U.S. officials and human rights
organizations, the Aristide Government evaluated former FAd'H
personnel for human rights abuses and criminal activities.  The
nearly 3,000 personnel selected comprise the IPSF.  To augment
the IPSF, a group of 964 police trainees from the migrants in
the U.S. safe haven in Guantanamo were selected and trained.
Both the IPSF and the trainees--who assist them by performing
routine police functions such as managing traffic--received
training that included strong human rights components.
At year's end, the interim police had been deployed throughout
the country, under the direct supervision of the over 1,000 law
enforcement personnel from some 20 nations who make up the
IPM's.  The IPM's are deployed to each of Haiti's districts in
mentor the police and monitor their activities and prevent
violations of internationally recognized human rights standards.
By December, preparations by the Haitian Government and U.S.
officials were well advanced for the creation of a police
training facility to build a new, professional police force
recruited openly and fairly from throughout Haiti.  The
academy, which was to open at the end of January 1995, would
train an initial complement of 4,000 police in a series of
4-month courses.  These new police will replace IPSF personnel
as they graduate.
By the end of the year, the MNF, acting under the mandate of
UNSC Resolution 940 to use all necessary means to establish a
stable and secure environment, had detained approximately 30
persons, until such time as they could be turned over to a
competent Haitian judicial authority for eventual disposition
as may be appropriate under Haitian law.
The Constitution prohibits involuntary exile of citizens.
While some have left the country voluntarily for personal or
political reasons, the Government did not make use of exile as
punishment.
     e.  Denial of Fair Public Trial
The Constitution provides for an independent judiciary and the
right to a fair public trial.  However, this right is widely
and severely abridged, primarily because the judicial system is
highly inefficient and corrupt after years of governmental
neglect and popular contempt dating back to the Duvalier era.
Political figures across the spectrum recognize that reform of
the judicial system is critical; it is understaffed and its
members lack training and adequate compensation.
The Constitution expressly denies police and judicial
authorities the right to interrogate persons charged with a
crime unless the suspect has legal counsel present or waives
this right.  Nevertheless, interrogation without legal counsel
present is the norm, and the use of beatings and torture to
extract confessions was widespread prior to deployment of the
MNF.  Governments since the Duvalier era have appointed and
removed judges at will and have exerted political influence at
every stage of the judicial process.  Although the Aristide
Government has asserted it will select judges in accordance
with the Constitution, the Parliament has not yet adopted
legislation establishing the mechanisms necessary for selection
of judicial personnel.
The Code of Criminal Procedure fails to assign clear
responsibility to investigate crimes and divides authority to
prosecute among police, prosecutors, and investigating
magistrates.  The Code stipulates two criminal court sessions
per year, each lasting 2 weeks, to try all major crimes
requiring a jury trial.  Failure to reform the Code has
resulted in a huge backlog, with detainees sometimes waiting
for years in pretrial detention for a court date.  For example,
during the August session of the criminal assizes, the court
heard only eight cases.  At the beginning of September, there
were 534 civil prisoners at the national penitentiary, of whom
only a fraction were serving sentences.  The rest were accused
persons held without bail.  If ultimately tried and found
innocent, the detainee has no recourse against the Government
for time already served.
Although the Government began to plan reforms of the judicial
system, at year's end the system remained highly inefficient
and corrupt, and the Government had brought to justice few
perpetrators of human rights abuses.  The Government did
initiate a system of "triage" in which three judges would
review the cases of persons for whom incarceration is no longer
appropriate.  In addition, working with U.S. officials, the
Government began to select Ministry of Justice personnel to
receive training courses in basic administration of justice
issues.
Although the Constitution includes the right to counsel, there
is no law that the Government must provide counsel in the event
that the accused cannot afford it.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides that no house search or seizure of
papers may take place except in accordance with the law.
Correspondence is also defined as inviolable.
Prior to September 19, soldiers and other armed persons
frequently entered private homes for illegal purposes in
Port-au-Prince and the provinces.  In August there was a rash
of attacks on the homes of politicians, including
parliamentarians and the mayor of Petionville, the capital's
main suburb.  Attaches and FRAPH members were involved in raids
on homes, but victims also reported seeing soldiers personally
known to them and dressed in civilian clothing among their
attackers.  In addition, gangsters violently raided entire
neighborhoods of Port-au-Prince, taking advantage of their ties
to police and the general climate of impunity to steal and
rape.  When the armed persons entered looking for a particular
individual, they frequently beat or otherwise harmed family
members during the search.
The police, along with armed civilians acting at their behest,
frequently used roadblocks to conduct illegal searches,
especially during periods of real or perceived political
tension.  The discovery of pro-Aristide posters or literature
during a police search of a house or vehicle frequently
resulted in physical abuse and illegal arrest.  There were
credible reports that police and military also seized private
correspondence during such searches.
After the arrival of the MNF and the restoration of the
legitimate Government, such abuses were dramatically reduced.
HAITI2
5g5gTITLE:  HAITI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and, in the last quarter of 1994, these rights were
increasingly exercised.  The more open climate contrasted with
the first 9 months of the year when the military regime and de
facto authorities significantly abridged freedom of expression
and the press through intimidation and the resultant self-
censorship.  The authorities routinely harassed radio and print
journalists and vendors of pro-Aristide publications.  The de
facto regime increased restrictions on the press in late May
and again with the illegal institution on August 1 of a state
of siege, issuing a decree forbidding the press to publish
"foreign propaganda" or information that might "alarm the
populace."  The decree threatened the broadcast media, warning
that their facilities were subject to military requisition.  In
mid-August, the regime forbade the media to use statements and
information from foreign embassies and their press services.
The regime also restricted foreign journalists from traveling
outside of Port-au-Prince and entering certain "strategic
zones."  The de facto authorities deported a U.S. news team in
August after filming at the airport and detained the team's two
Haitian employees for 10 days.
With an illiteracy rate of approximately 80 percent, broadcast
media, especially Creole-language radio, are the principal
means by which the populace receives information.  For most of
the year, there were 14 radio stations in Port-au-Prince, 6 of
which offered news programming.  Four radio stations operating
before the September 1991 coup closed permanently, but some
stations sympathetic to President Aristide, including Tropic
FM, continued to operate.  Two independent daily newspapers
operate in Port-au-Prince.  Pro-Aristide weeklies published in
Haiti and the United States were sold in the streets through
most of the year; in September, the locally published Libete
ceased operation, citing increased threats to distributors.
However, the journal resumed publication soon after arrival of
the MNF.
In the months following the restoration of President Aristide's
Government, several new journals appeared, among them a
U.S.-based magazine, strongly anti-Aristide in its outlook.
The press covered the activities of the newly restored
Government and the MNF extensively and without censorship.
Radio Antilles, a radio station that had gone off the air in
1991, returned on New Year's Day 1995.  The national television
station was off the air for a time following the intervention,
but, just as it resumed broadcasting in December, the Minister
of Information dismissed its director, a Malval appointee,
sparking a mass resignation of employees.
     b.  Freedom of Peaceful Assembly and Association
The de facto authorities severely restricted the constitutional
rights of freedom of assembly and association following the
1991 coup.  Until the arrival of the MNF, the fear of a
military or paramilitary attack was sufficient to prevent most
meetings, including those of nonpolitical organizations, from
taking place.  There were credible reports from all parts of
the country that the military engaged in a systematic effort to
inhibit association.  In July police and armed civilians
attacked a regular meeting of the K-16 political coalition, led
by legitimate Port-au-Prince mayor Evans Paul and Senator
Turnep Delpe.  The participants scattered; the police detained
one person for a day but killed no one.  The police arrested
some community organizers, even of nonpolitical organizations,
and sometimes beat, harassed, or intimidated them into fleeing
their own communities.  Grassroots liberation theology
organizations known as "Ti Legliz" remained a strong base of
support for President Aristide in the countryside.  These
groups and their leaders were particular targets of military
and paramilitary harassment.  The police prevented civic
education, community health, and literacy organizations from
operating normally.
In a report to the U.N. Security Council covering the end of
1994, the U.N. Secretary General said, "Haitians can now enjoy
their fundamental rights, in particular freedom of expression,
association and assembly.  In a number of places, however,
people have said that they are afraid to meet or demonstrate,
because of continued activities by former FRAPH members or
attaches.  Politically motivated arrests by local judicial
officials associated with FRAPH have occurred, but arrests for
the expression of political views have largely ceased.  Large
numbers of displaced people have come out of hiding and
returned to their homes.  Overall, there is a feeling of
liberty and a sense of security which did not exist
previously.  This is particularly striking in the areas where
the MNF has been deployed.  The flurry of acts of vengeance and
retribution which erupted immediately prior to, and after, the
return of President Jean-Bertrand Aristide on October 15, 1994,
was short-lived.  The President has repeatedly called for
reconciliation and his appeals have been heeded by the
population."
     c.  Freedom of Religion
The Constitution protects the right to practice all religions
and faiths, provided that practice does not disturb law and
order.  Religion is an integral part of Haitian life and
culture and is practiced widely.  There are no government
restrictions on missionary activities, affiliation with
overseas coreligionists, religious instruction, or publishing.
There were few high-profile attacks on churches or church-
related organizations in 1994.  There were, however, a number
of attacks on, and threats against, individual priests openly
supportive of Aristide or opposed to the de facto authorities.
The August murder of Father Vincent (see Section 1.a.) was
probably tied to his actual and symbolic role in organizing
citizens rather than his religious affiliation.  At the same
time, unidentified persons threatened Pere Samedi, a Ti Legliz
priest active in the slums of Jeremie, and many churches
throughout the country bore anti-Aristide graffiti, as well as
slogans directed against socially activist priests.  In Aquin,
gunmen fired upon the local Catholic church.  A local army
officer in Chardonnieres arrested and beat a priest who was
distributing religious youth journals in early August, and
armed civilians attempted in July to attack a Belgian priest
active in the human rights community in Port-au-Prince.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no legal restrictions on the movement of citizens
within the country.  The departure of boat people is
technically illegal, but the authorities rarely enforced the
pertinent laws.  Occasionally they took some token legal action
against organizers, and in a few instances they fired on
departing boat people to deter them by intimidation.  Members
of the military and police also attempted to intimidate persons
applying at U.S. refugee processing centers in Haiti by
harassing and occasionally beating them.  Individuals in the
military and under the de facto government occasionally
harassed repatriated boat people in isolated incidents, but the
authorities did not pursue a policy of general repression
against them.
The number of internally displaced persons increased due to
economic, political, and security concerns.  Historically,
internal migration in Haiti has largely been from the
countryside to the city, but after the September 1991 coup many
Haitians reversed this flow, returning to their former abodes.
This migration continued at the same time that many rural
families also were moving into the capital and other cities in
pursuit of economic opportunities.  One estimate by local human
rights organizations places the number of internally displaced
Haitians in 1994 at 300,000.
Departures by sea to escape the country's economic and
political problems continued.  During the first half of the
year, the United States continued its policy of returning
Haitians interdicted on the high seas directly to Haiti under
the terms of the Alien Migrant Interdiction Operation
agreement.  Both the de facto government and the restored
democratic Government cooperated in implementing the terms of
this agreement.  The United States began offering the boat
people the option of shipboard refugee hearings in May and
discontinued involuntary repatriation completely in July,
taking them to safe haven at U.S. naval facilities at
Guantanamo, Cuba, instead.  After the return of President
Aristide, the United States repatriated Haitians from the safe
haven.  The Aristide Government also cooperated in the
repatriations of Haitian citizens from other countries,
including The Bahamas and Cuba.
After commercial flights to and from Haiti ceased in July, the
de facto government occasionally obstructed, but ultimately did
not prohibit, the departure of citizens across the land border.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The September 1991 military coup forcibly abridged the right of
citizens to change their government.  Coup leaders forced
President Aristide to flee the country, and most senior members
of his administration either went into hiding, fled the
country, or took refuge in foreign embassies.  The continuing
adamant refusal of the military regime and its backers to allow
the people's will to be expressed was the root of most
politically motivated human rights violations.  Voters elected
members of Parliament and such local officials as mayors along
with President Aristide at the end of 1990.  The coup leaders
persecuted some local elected officials and ousted them from
office after the coup.
Despite international diplomatic efforts and sanctions, a
military triumvirate continued to control the security forces
and thus the country.  Commander in Chief General Raoul Cedras,
Chief of Staff General Philippe Biamby, and Metropolitan Police
Chief Michel Francois adamantly opposed the return of the
constitutionally elected President.  Members of Parliament
remained in place and played a continuing role in political
events.  In early 1994, many members of Parliament, as well as
other politicians, worked together on a "parliamentary plan" to
resolve the political crisis.
After its failure, a group of renegade Senators, including
eight who had been elected in illegal elections on January 18,
1993, seized control of the Senate, effectively prohibiting the
legitimate Senate president from exercising the functions of
his office.  The Chamber of Deputies was unable to achieve a
quorum during the summer of 1994, preventing the passage of any
legislation.  In May the illegal parallel Senate rubberstamped
the appointment of de facto President Emile Jonassaint and the
nominations of his cabinet members, but all legal semblance of
a Parliament had disintegrated by September 12, the closing
date for the year's Chamber of Deputies session.
President Aristide had appointed Robert Malval Prime Minister
in 1993.  He resigned in December of that year but continued as
acting Prime Minister until October.  The military leadership
and the de facto authorities prevented him and his ministers
from carrying out most of their functions throughout the first
three quarters of 1994.  Following the arrival of the MNF,
President Aristide convoked the National Assembly in special
session under terms of the Constitution to consider amnesty
legislation for coup-related crimes, a bill creating a national
civil police force separate from the military, and other
legislation.  The Parliament passed both an amnesty bill and
legislation creating a new police force.  With the end of
parliamentary and municipal mandates near, legislators,
politicians, and the President reached a consensus in December
on a Provisional Electoral Council (CEP).  By year's end, the
CEP was drafting legislation necessary to carry out the
elections, which are expected to take place in April or May
1995.
There are no legal impediments to women's participation in
politics or government, but in practice the generally lower
societal status of women limits their role in these fields.
While there are only 3 women among the 79 members in the
Chamber of Deputies, there are also 3 women heading ministries
in the Aristide Cabinet, and 1 female Deputy Minister.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
About a dozen local human rights groups exist in Haiti, and
most grassroots organizations, whether geographically or
politically based, track violations against their members.  By
September only a handful of attorneys offered pro bono legal
assistance to these groups, and all exercised caution as result
of threats to their safety.  Prior to September 19, human
rights organization officials reported repeated threats.  In
July, for example, gun-wielding civilians attacked a Belgian
priest active in the Haitian religious community and the human
rights field, but the attackers fled when local residents
challenged them.  Local human rights groups managed to operate
freely enough to gather data on reported violations, and to
offer humanitarian assistance (e.g., shelter, food, medical
care) to those whom the authorities abused or persecuted.
The ICM, a team of international human rights observers under
joint United Nations and Organization of American States
auspices, returned to Haiti in January, after a 3-month
withdrawal.  The monitors, who numbered about 90, remained
until July 13, when the de facto government declared the ICM to
be in illegal status and ordered its expulsion.  Until then,
the military and the de facto civilian authorities largely
tolerated the ICM's activities, although local officials
intermittently blocked ICM monitors from access to prisons.
The monitors reported ongoing threats, however, from
paramilitary operatives and attaches.  In March armed civilians
harassed a team of investigators in the central plateau town of
Hinche while local military officers stood by without acting.
In late April, a team in Borgne was the object of an
orchestrated military demonstration, apparently with the active
complicity of general staff officers from Port-au-Prince.  The
international community generally recognized the ICM as both a
reliable investigatory body and a buffer, during its presence,
against more egregious violations, at least on the part of the
regime itself.  The ICM resumed operation in October following
the arrival of the MNF.
Representatives of international human rights organizations
visited Haiti from time to time.  These groups also faced
threats and harassment, but their high profile permitted them
to operate relatively freely.  In May the Inter-American
Commission on Human Rights (IACHR) visited to gather
information on the human rights situation.  The IACHR attempted
to return in August, but the de facto authorities refused to
grant clearance for a charter flight to land.  The IACHR
finally visited in October and noted the improvement in human
rights observance after arrival of the MNF.  The ICRC
established a permanent representative in Port-au-Prince and
was able to perform some prison monitoring, although the de
facto government was slow in responding to requests to visit
detainees.  Following the MNF's deployment, the ICRC continued
to monitor prison conditions at the National Penitentiary and
at prisons outside Port-au-Prince.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The 1987 Constitution does not specifically prohibit
discrimination on the grounds of race, sex, religion,
disability, language, or social status.  It does, however,
provide for freedom of religion and guarantees equal working
conditions regardless of sex, beliefs, or marital status.  It
specifically states that handicapped persons shall have the
means to assure their autonomy, education, and independence.
     Women
Although women are often the breadwinners for rural and urban
poor families, they do not enjoy the same economic and social
status as men.  In some social strata, tradition limits women's
roles; peasant women, for example, remain largely in the
traditional occupations of farming, marketing, and domestic
tasks.  Poorer families sometimes ration education money to pay
school fees for male children only.  Nonetheless, women have
occupied prominent positions in both the public and private
sectors in recent years.
Knowledgeable local authorities report that both criminal and
domestic violence and rape occur but are rarely reported or
prosecuted.  After the MNF's deployment, victims increasingly
reported criminal incidents, including rape.  In November and
December, victims reported one to two rapes per week in
Port-au-Prince.  Existing laws and penalties against these
crimes would be adequate were they enforced.
     Children
Rural families continued to send young children to serve as
unpaid domestic labor for more affluent city dwellers.  The use
of children in this manner is not limited to the wealthy class;
middle and lower class families also follow the practice,
called "restavek."  A 1991 U.N. study cited the estimated
109,000 restavek children as an example of slavery practiced in
the 20th century.  Employers compel the children to work long
hours, provide them with poor nourishment, little or no
education, and frequently beat them or abuse them sexually.
Port-au-Prince's large population of street children includes
runaway restaveks, as well as children orphaned or separated
from their families.  The abysmal state of the economy only
worsened the plight of such children, who are held in little
regard.  Rumors of street children being targeted by
paramilitary operatives were probably based on the general
disregard for the well-being of such children.  Local human
rights groups do not regard the plight of restavek children as
a priority and do not report on abuses of children or actively
seek to improve their situation.  The Government took no
measures to protect or otherwise provide for the restaveks or
the street children.
     National/Racial/Ethnic Minorities
Some 99 percent of Haitians are descendants, in whole or in
part, of African slaves who won their war of independence from
France in 1804.  The remaining population is of European,
Middle Eastern, North American, or Latin American origin.
There are longstanding social and political animosities among
Haitians, often tied to ethnic/racial heritage or class; some
of these animosities date back before Haiti's revolutionary
period.
There are two official languages:  Creole, which is spoken by
virtually all Haitians, and French, which is spoken by about 20
percent of the population.  The inability to read, write, and
speak French has long limited the political and economic
opportunities available to the majority of the population.
Many argue that the French-speaking elite have used language
requirements as an additional barrier to the advancement of the
Creole-speaking majority.
     People with Disabilities
Despite the constitutional provision for means of autonomy for
the handicapped, there is no enacting legislation mandating
provision of access for people with disabilities.  There is no
overt ill-treatment of people with disabilities, but, given the
desperate poverty in which the vast majority of Haitians live,
those with disabilities face a particularly harsh existence.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and the Labor Code provide for the right of
association and provide workers, including those in the public
sector, the right to form and join unions without prior
government authorization.  The law requires a union, which must
have a minimum of 10 members, to register with the Ministry of
Social Affairs within 60 days of its establishment.  Union
membership, marginal before the 1991 coup and even more so now,
is estimated at 1 percent of the total labor force.  There are
five principal labor federations:  the Autonomous Central of
Haitian Workers, the National Confederation of Haitian
Teachers, the Federation of Unionized Workers, the
Confederation of Haitian Workers, and the Independent General
Organization of Haitian Workers.  Each of these organizations
maintains some fraternal relations with various international
labor organizations.
Given the effect of the international sanctions on the formal
sector of the economy, and, with unemployment running as high
as 80 percent, unions were almost irrelevant, except as an
instrument for keeping track of and offering limited assistance
to their members.  During the period of de facto rule, the
military continued to employ widespread repression and violence
against those who engaged in trade union activities.  Many
union leaders closed their offices and went into hiding in the
aftermath of the 1991 coup.  Armed civilians attacked a meeting
of officials of one of the large unions in August 1994 and beat
several of those present.  Unions, as well as all other citizen
groups or assemblies, could meet only with the express written
permission of the military.  Since the return of President
Aristide, labor unions, like other institutions of civil
society, have been free to associate.  In meetings with the
Government and representatives of the international community,
unions have sought to encourage investment and an increased job
market for their members.
A tripartite commission of labor, management, and government
began to revise the Labor Code in 1986 and concluded its
negotiations in 1992.  However, Parliament has yet to approve
the new Code.  The revised Code recognizes the right to strike
but restricts the duration of certain types of strikes, as did
the previous code.  It also stipulates that the Ministry of
Social Affairs must recognize workers' right to strike in each
case before a strike is legal.
     b.  The Right to Organize and Bargain Collectively
The Labor Code protects trade union organizing activities and
stipulates fines for those who interfere with this right.
While the de facto authorities curtailed union activities, job
losses as a result of economic conditions had a far more
damaging impact on union activities.  Prior to the 1991 coup,
organized labor activity was generally concentrated in the
Port-au-Prince area, primarily in a large private sugar
refinery, in the assembly sector, and in state enterprises, all
three of which suffered drastic job losses following the coup.
Collective bargaining, which has never been widespread, was
nonexistent in 1994.  Employers generally set wages
unilaterally.  While Haiti has no export processing zones,
prior to the trade embargo it did have a sizable
export-oriented assembly sector.  The Labor Code does not
distinguish between industries producing for the local market
and those producing for export.  Many assembly sector companies
were the focus of developmental efforts; they received greater
outside scrutiny and were consequently somewhat more generous
with benefits and wages.  Employment in the export assembly
sector, however, declined drastically from 1991 through 1994,
resulting in a loss of an estimated 34,500 jobs.  As the
assembly sector contracted, unions that were particularly
strong in this sector declined accordingly.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, but the
Government rarely enforces these provisions.  Children
continued to be subjected to forced domestic labor (see Section
     d.  Minimum Age for Employment of Children
The minimum employment age for minors in all sectors is 15
years.  Fierce adult competition for jobs ensures that child
labor is not a factor in the industrial sector.  Children under
15 commonly work at odd jobs in both rural and urban settings
to supplement family income.  The Ministry of Social Affairs is
responsible for enforcement of child labor laws, but the
International Labor Organization has criticized the enforcement
as inadequate.
     e.  Acceptable Conditions of Work
The law establishes a minimum wage, and a few weeks before the
September 1991 coup, Parliament set a new minimum wage of about
$1.85 (26 gourdes) per day for workers in the industrial
sector.  Although the minimum wage technically became law
before the coup, the Government never published the legislation
in the official Gazette; nevertheless, companies in the
assembly sector adopted it.  Even if the private sector applied
the revised minimum wage widely, it would not provide a worker
and family with a decent living.  The minimum wage law also
applies to agricultural workers, but the authorities do not
enforce it.  Thus the majority of wage earners, who work in the
agricultural sector, must survive on considerably less than the
minimum wage.
The Labor Code governs individual employment; it sets the
normal workday at 8 hours and the workweek at 48 hours, with
24 hours of rest on Sunday.  It also establishes minimum health
and safety regulations.  Employers in the industrial sector,
which is concentrated in the Port-au-Prince area and more
accessible to outside scrutiny, generally observe these laws in
practice.  However, the Ministry of Social Affairs does not
enforce them.  It also does not enforce Labor Code provisions
on health and safety.  With more than 50 percent of the
population unemployed, workers are not able to exercise the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
HONDURAS1
cTITLE:  HONDURAS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            HONDURAS
Honduras is a constitutional democracy with a President and a
unicameral Congress elected for 4-year terms, and an
independent judiciary headed by a Supreme Court of Justice
(CSJ).  President Carlos Roberto Reina took office in January
as the fourth democratically elected president since the
reestablishment of democracy in 1982.  Both major parties
(Liberal and Nationalist) have now assumed power from the other
after free elections.
The Honduran Armed Forces (HOAF) comprise the army, air force,
navy, and the National Police (Public Security Force--FUSEP) as
a fourth branch.  The HOAF operates with considerable
institutional and legal autonomy, particularly in the realm of
internal security and military affairs.  It controls the
police, the merchant marine, and the national telephone
company.  In November the Congress passed legislation which
will remove the merchant marine from military control in 1995.
The Government established an Ad Hoc Commission on Police and
Judicial Reform in 1993, in response to credible allegations of
extrajudicial killings by members of the FUSEP, particularly its
Directorate of National Investigations (DNI).  On January 6, it
established a new Public Ministry containing a new Directorate
of Criminal Investigations (DIC) to replace the DNI.  The
Government formally dissolved the DNI in June, but the DIC is
still in the process of formation, leaving a gap in
investigative capability.  Human rights organizations, including
the Government's National Commission for the Protection of Human
Rights (CONAPRODE), say there was a noticeable drop in reports
of abuses after the DNI was abolished.  However, members of both
the armed forces and the FUSEP continued to commit human rights
abuses.
The economy is primarily based on agriculture, with a small but
growing light manufacturing sector.  The armed forces also play
a sizable role in the national economy, controlling numerous
enterprises usually associated with the private sector,
including several insurance companies and one of the two cement
companies.  Economic activity was plagued by a drought-induced
shortage of electricity, and real gross domestic product
declined by about 2 percent.  Combined unemployment and
underemployment were approximately 58 percent, and the
Government estimated that 62 percent of all citizens live in
poverty.
The most widespread human rights abuses were arbitrary and
incommunicado detentions, and beatings and other abuse of
detainees, sometimes including torture.  There was a small
number of extrajudicial killings.  One major cause of human
rights problems is the impunity enjoyed by members of the
civilian and military elite, exacerbated by a weak,
underfunded, and sometimes corrupt judicial system.  Prison
conditions remained deplorable.  Other continuing human rights
problems were violence against women, discrimination against
indigenous peoples, and the inability of the judicial system to
provide prisoners awaiting trial with swift and impartial
justice.  Almost no elected official, member of the business
elite, bureaucrat, politician, or anyone with perceived
influence or connections to the elite was tried, sentenced, or
significantly fined in 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings, but
members of the security forces committed several extrajudicial
killings.
The crime rate surged in 1994, including a rise in the number
of homicides.  It has become increasingly difficult to
differentiate between homicides that may have been extrajudicial
acts by government forces or agents and those which were common
crimes.
In March two FUSEP agents kidnaped, tortured, and stabbed to
death a 78-year-old evangelical pastor, Justo Irias Ordonez, in
Lepaguare, Olancho (located in a remote part of eastern
Honduras).  Witnesses to the events claim the two agents went
to the home of Ordonez, beat him with rifle butts, tied his
hands, and took him to a place known as Pozo Malacate where
they sodomized and killed him.  The FUSEP commander in
Juticalpa arrested the two agents and charged them with the
crime.  At year's end, they were awaiting trial by civil court.
On November 7, the authorities suspended the Chief of Police in
La Ceiba and two of his subordinates pending an investigation
by the Attorney General's office into the alleged kidnaping and
murder of a vendor suspected of killing an 11-year-old boy
during an attempted burglary.  Officials from the Committee for
the Defense of Human Rights in Honduras (CODEH), the Attorney
General's Office, and the police are working together on the
investigation, the first time this has ever occurred, according
to CODEH.
Credible allegations of extrajudicial killings by members of
the FUSEP, particularly its now defunct Directorate of National
Investigations, led to the creation of the new Public Ministry
to manage investigations of criminal cases.  The new Ministry
is also responsible for investigating all cases of extrajudicial
killings, including those of past years.  The Government
formally dissolved the DNI on June 11 and moved its functions
to the new civilian-controlled DIC.  Human rights groups noted
a drop in the number of reports of human rights abuses since
the dissolution of the DNI.  The Public Ministry is still in
the process of training and organizing its staff and recruiting
members for the new DIC.  The attorneys and staff of the
Ministry will lack the capability to investigate adequately
current or past criminal cases until the DIC completes its
training in the spring of 1995.
The authorities undertook no further investigation or
prosecution of alleged extrajudicial killings committed in
previous years.  These included the 1993 killings of Eduardo
Pina van Tuyl, Guillermo Agurcia Lefebvre, Lourdes Enamorado,
Roger David Torres Vallejos, Rigoberto Quezada Figueres,
Cleofes Colindres Canales, Juan Jose Menendez, Glenda Patricia
Solorzano Medina, and Jorge Alcides Medina Hernandez; the 1992
killings of Juan Humberto Sanchez, Rigoberto Borjas, Ramon
Castellon Baide, and Cayo Eng Lee; the 1991 murder of Manuel de
Jesus Guerra; and the 1990 killings of Francisco Javier Bonilla
Medina and Ramon Antonio Briceno.
The family of 18-year-old student Riccy Mabel Martinez, victim
of a July 13, 1991 rape and murder, appealed the original
verdict in the case (equivalent to second-degree murder), and
requested that the two military defendants be convicted of
first-degree murder (which would preclude any possibility of
pardon).  The defendants filed a countersuit; at year's end,
both cases were pending before the Supreme Court of Appeals.
     b.  Disappearance
There were no reports of disappearances motivated by politics
or conducted by the security forces.
Local human rights groups and Amnesty International continued
to press, unsuccessfully, for an official accounting of the
184 claimed disappearances which occurred mainly during the
early 1980's under the tenure of former armed forces Commander
General Gustavo Alvarez Martinez.
In December 1993, Human Rights Commissioner Leo Valladares
presented a preliminary report on political disappearances
during the 1979-89 period.  On November 9, a CSJ Commission
announced that all but 9 of the 184 missing persons cases
lacked the evidence required for proper legal proceedings.
(The nine cases referred to are those or persons who were
missing for some time but were later found alive.)  The report
also noted that the survivors accused the current Minister of
Defense of involvement in the detention, torture, and
disappearance of four suspected leftists in 1988 (when he
commanded an infantry brigade), but offered no proof.  The
Commission sent the nine cases warranting further action to the
Attorney General's office.  All nine were reopened and at
year's end, preliminary investigations were under way.  A full
investigation will be possible only when the DIC is trained and
in place.
On December 9, three forensic anthropologists who excavated a
grave site believed to contain a death squad victim from the
1980's were able to confirm the identity of the body buried at
that site since 1982 as that of Nelson Mackay Chavarria, a
Honduran citizen.  Because of serious decomposition of the
body, the anthropologists could not determine the cause of
death or whether the victim had been tortured.  Human Rights
Commissioner Valladares called for an immediate investigation
by the Attorney General's Office and an end to impunity for
those involved in the 184 disappearances during the 1980's.
The Attorney General began an investigation which will include
testimony by members of the security forces.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture, and police and
military authorities issued assurances throughout 1994 that the
practice had been stopped, credible charges of torture and
other abuse of detainees continue.  Members of the police force
resort to abuses to obtain confessions and keep suspects in
jail.  There were no reports of torture for political motives.
One case of alleged torture involved 27-year-old narcotics
suspect Fernando Flores Salgado.  The Public Ministry reported
that a FUSEP agent arrested Salgado on August 11 in the airport
at Puerto Lempira and took him to a police station where,
during a search of his luggage, police found an AK-47 automatic
assault rifle.  Salgado claimed he was beaten and a sack laced
with lime was placed over his head, causing burns.  The
Ministry's report said the beatings continued on August 12 and,
when the officers and their commander failed to extract
information from Salgado about the seller of the AK-47, they
took him to a lake and repeatedly submerged him in the water.
On August 13, an assistant prosecutor from the Public Ministry
obtained Salgado's release.  Attorney General Edmundo Orellana
presented charges against all three FUSEP agents for human
rights violations, torture, battery, and attempted homicide.
The courts in Puerto Lempira issued warrants, but none of the
three were arrested.  Prosecutors at the Public Ministry stated
that FUSEP officials attempted to halt any investigation of the
three agents by filing charges of drug trafficking against the
assistant prosecutor who secured Salgado's release.  Local
human rights groups say this is an attempt by the FUSEP to
discredit the charges and intimidate the investigators.  The
FUSEP rearrested Salgado on October 15 and charged him with
terrorism because of the AK-47 found in his possession.  In
late October, the FUSEP dropped all charges against Salgado and
the prosecutor; charges were also dropped against the FUSEP
agents.
On October 7, police arrested two juveniles in Tegucigalpa.
The juveniles charged that police held them in a cell with
adults and that both police and the other prisoners beat and
tortured them.  Officials of Casa Alianza (an affiliate of
Covenant House in New York), which operates a refuge for street
children, obtained the release of both of them on October 10.
Following medical confirmation of the injuries to one of the
youths, Casa Alianza filed charges against the FUSEP for
violating the youth's rights, illegal detention, and torture.
It also requested a full investigation by the Attorney
General's office.  Market vendors and a FUSEP regional
commander protested Casa Alianza's actions, asserting that the
organization provides refuge for juveniles who commit crimes.
Casa Alianza, in response, called on the national Human Rights
Commissioner to fulfill his obligation to protect children's
rights.
Amnesty International and Casa Alianza both received reports of
minors whom members of the police and the army subjected to
illegal arrest, ill-treatment, and sexual abuse.  A street girl
in San Pedro Sula, 11-year-old Martha Maria Saire, charged that
two uniformed members of the military battalion based in Tamara
grabbed and raped her.  Medical examinations confirmed she had
been sexually abused.  On April 22, the authorities presented
the case to the first criminal district court.  The Attorney
General's office issued arrest warrants for the soldiers, but
they are reportedly absent without leave.
Another case involved 16-year-old Mario Rene Enamorado Lara who
lives in Casa Alianza's transition home in Tegucigalpa.  On
July 10, while on his way to the home in the company of other
children, eight uniformed members of the FUSEP's first squadron
stopped the group and accused Mario of having stolen a watch.
They arrested him without a warrant, took him to the squadron
headquarters, and placed him in detention in a cell with adult
detainees.  He charged that three policemen severely punched
and kicked him during detention; adult male prisoners also beat
him while he was in the cell.  The same afternoon, legal
counsel from Casa Alianza obtained his freedom, and an
independent doctor confirmed injuries to his body, face, and
head.  Casa Alianza presented a formal complaint to the FUSEP
and to the Public Ministry.  Lacking an investigative arm, the
Public Ministry had made no arrests by year's end.
In February police officers severely beat U.S. citizen Terry
George Clymire, whom they were in the process of arresting on
civil charges.  The Prosecutor's office and the FUSEP Office of
Professional Responsibility (OPR) investigated the case, but
made no charges or arrests in the case.  Charges against
Clymire were dropped.
The Office of Professional Responsibility investigates cases of
alleged torture and abuse; OPR officials recommend sanctions
for police agents found guilty of such mistreatment.  However,
neither the FUSEP General Command nor the OPR is empowered to
punish wrongdoers; only the commander of the accused agent has
the authority to do so.  During the past 12 months, OPR
investigated eight FUSEP agents for abusing and beating street
children in the Tegucigalpa area.  The FUSEP dismissed all of
them, and the courts convicted three agents and gave them
30-day jail terms.
Prison conditions in Honduras are consistently deplorable.
Prisoners suffer from severe overcrowding, malnutrition, and a
lack of adequate sanitation.  In the Central Penitentiary in
Tegucigalpa, there are 1,954 internees, of whom only 512 have
been convicted and are serving sentences.  More often than not,
the mentally ill and those with tuberculosis and other
infectious diseases are thrown together in the same cells.  A
new, larger detention facility in Tamara lacks water and power
and probably will not open until 1995.  Prisoners with money
routinely buy private cells, decent food, and conjugal
visitation rights, while prisoners without money often lack the
most basic necessities as well as legal assistance.
     d.  Arbitrary Arrest, Detention, or Exile
The law states that the police may arrest a person only with a
court order, unless the arrest is made during the commission of
a crime, and that they must clearly inform the person of the
grounds for the arrest.  (By law the FUSEP cannot investigate;
it only detains those suspected of committing a crime.)  Police
must bring a detainee before a judge within 24 hours; the judge
then must issue an initial temporary holding order within 24
hours, release an initial decision within 6 days, and conduct a
preliminary investigation to decide whether there is sufficient
evidence to warrant further investigation.  However, in
practice, the authorities do not routinely observe these
requirements of the law.  While bail is legally available, it
is used primarily for what are ostensibly medical reasons.
Poor defendants, even when represented by a public defender,
are seldom able to take advantage of bail.
Under the 1984 Code of Criminal Procedures, a judge, the
police, public officials, or any citizen may initiate criminal
proceedings.  Perhaps as many as 80 percent of the cases
reported to the police are never referred to the criminal
justice system but instead are settled administratively by the
police or by municipal courts, which are separate from the
regular judicial court system.
There were continued allegations that the FUSEP hired some
former members of the DNI, and that these and other security
force elements continued to practice arbitrary arrest and
detention in a substantial number of cases.  Local human rights
monitoring organizations asserted, however, that this situation
improved markedly after the issuance of a report by the Ad Hoc
Commission on Police and Judicial Reform and the dissolution of
the DNI.
The Constitution prohibits the expatriation of a Honduran
citizen to another country; exile is not used as a means of
political control.
     e.  Denial of Fair Public Trial
Congress elects the nine Supreme Court justices and the
President confirms them.  Their 4-year terms coincide with
those of the Congress and the President.  The Supreme Court
appoints all the judges in the lower civilian courts.  Some
headway was made in using a career system to depoliticize the
appointments process and to break the subcultures of corruption,
clientism, patronage, and influence peddling within the
judiciary.  In midyear the Supreme Court ordered strict
adherence to the judicial career law, i.e., a merit-oriented
selection and retention process for judges and court officials,
commencing with second-instance judges.
However, both major political parties continue to resist the
recommendation by the Ad Hoc Commission that they agree to a
completely apolitical, independent judiciary.  Members of
Congress representing powerful economic and political interests
continued to pressure the President and magistrates of the
Supreme Court to permit politicians to appoint judges and court
functionaries purely on political criteria and without regard
to professional and ethical qualifications.  The judicial
system also still suffers from woefully inadequate funding.
Traditionally, the Honduran Armed Forces insisted that only its
courts-martial could try its members.  However, in 1993
Congress passed a resolution restricting the jurisdiction of
the military court system to military crimes committed by
active duty personnel.  Since then enlisted military personnel
accused of crimes against civilians have in fact been remanded
to the civilian judicial system.  The military continued to
accept civilian court jurisdiction over its members, and the
Public Ministry assigned civilian prosecutors to each of the 11
military courts.  It also began much publicized investigations
of human rights violations (past and present) by military
personnel and followed up on anonymous published accusations of
financial fraud by senior military officers.
An accused person has the right to a fair trial, which includes
the right to an initial hearing by a judge, to bail, to an
attorney provided by the state if necessary, and to appeal.
The number of public defenders was doubled from 51 to 104,
providing greater legal assistance to the poor.
Detention of criminal suspects pending trial averaged 18 months
and constituted a serious human rights problem.  In an extreme
case, a mentally deficient, illiterate peasant spent 17 years
in jail after being acquitted, due to the failure by
responsible officials to process his release papers.  A
significant number of defendants serve the maximum possible
sentence for the crime of which they are accused before their
trials are ever concluded or even begun.  Of the 6,042
detainees making up the country's prison population in early
1994, 5,103, or 84 percent, had been neither sentenced nor
exonerated.  These judicial weaknesses, along with the almost
total lack of thorough investigation of crimes and collection
of evidence, greatly undermine the right of citizens to a
speedy, fair public trial.  In addition, some judicial
authorities in rural areas received anonymous threats.
The passage of the 1994 Public Ministry Law and subsequent
creation of the new ministry, with 76 public prosecutors
assigned nationally and twice that many planned for 1995, is
intended to strengthen the citizenry's ability to seek redress
from government abuses and to enjoy fair and public trials.
The Public Ministry's independence from the other branches of
the Government also is intended to reduce somewhat the
opportunities for the politically and economically powerful to
distort the judicial process with impunity.  The widely
respected new Attorney General stressed the importance of
personnel selection for the Public Ministry, and indicated he
would refuse to employ former members of the DNI.  In the short
time it has existed, even before becoming fully organized, the
Public Ministry began investigations of a number of court
officials on various corruption and malfeasance charges.  As a
result, the authorities dismissed 38 court officials, including
10 Superior Court judges and 11 justices of the peace.
Despite the creation of the Public Ministry and the DIC, at
year's end the justice system still favored the rich and
politically influential and remained weak, underfunded,
marginally politicized, and generally inefficient.  While the
Supreme Court made strides in both organization and
investigation of corrupt court officials, the underfunded
judiciary remained very vulnerable to influence and corruption.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution specifies that a person's home is inviolable
and that persons authorized by the State may enter only with
the owner's consent or with the authorization of a competent
authority.  Entry may take place only between 6 a.m. and 6 p.m.
or at any time in the event of an emergency or to prevent the
commission of a crime.  However, as in previous years, there
were credible charges that police and armed forces personnel
failed at times to obtain the needed authorization before
entering a private home.  Despite a new system of "duty judges"
and "duty prosecutors" to issue search orders, they appeared to
lack the discipline to make themselves available 24 hours per
day, 7 days a week.  Coordination among the police, the court,
and the Public Ministry is improving.  However, interagency
liaison problems still undermine the effectiveness of the
system.
Judges may authorize government monitoring of mail or
telephones for specific purposes, such as criminal
investigation or national security.  However, the armed forces
reportedly continued to use its operation of the national
telephone company to monitor illegally telephone lines of
influential people in the Government, the military, and the
private sector without authorization from the appropriate
civilian judicial authority.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the authorities largely respected these freedoms in practice.
The media, while often openly critical of the Government and
frequently willing to expose corruption, are themselves subject
to high levels of corruption and politicization.  Serious
investigative journalism is still in its infancy.  Journalists
are known to have requested bribes to kill stories.  There
continued to be credible reports of intimidation by the
authorities, instances of self-censorship, and payoffs to
journalists.
The Government respects academic freedom and has not attempted
to curtail political expression on university campuses.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to peaceful assembly
for political, religious, or other purposes.  The Government
does not generally require prior authorization or permits but
may ask for a permit to "guarantee public order."  In most
cases, neither the Government nor the armed forces interfere in
the right of citizens to assemble.  For example, when several
thousand Indians staged a protest march to the capital in July,
they were allowed to occupy the center of the city for several
days, withdrawing peacefully after meeting with the President
and other officials and winning concessions on their demands.
     c.  Freedom of Religion
The Constitution protects all forms of religious expression,
and the Government respects this right in practice.  Numerous
foreign missionaries work and proselytize throughout the
country.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens enter and exit Honduras without arbitrary impediment,
and travel within the country's borders is freely permitted.
There were no known instances in which citizenship was revoked
for political reasons.  Of the 250 Haitian refugees who arrived
in Honduras in November 1991, 45 remain.
HONDURAS2
RTITLE:  HONDURAS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised the right to change their government through
democratic and peaceful means in the November 1993 elections.
International observers found the elections to be free and
fair.  The national government is chosen by free, secret,
direct, and obligatory balloting every 4 years.  Suffrage is
universal, but the clergy and serving members of the armed
forces are not permitted to vote.  Any citizen born in Honduras
or abroad of Honduran parentage may hold office except for
members of the clergy and the armed forces.  A new political
party may gain legal status by obtaining 20,000 signatures and
establishing party organizations in at least half the country's
18 departments.
There are no legal impediments to women and minorities
participating in government and politics, but in practice, the
proportion of women in political organizations and elected to
office is far lower than their overall representation in
society.  However, for the first time voters elected a woman,
Guadalupe Jerezano, as one of the three vice presidents in the
1993 elections, and the losing opposition slate also had a
female vice presidential candidate.  Women hold a Cabinet
ministry and Supreme Court position, as well as a number of
vice ministerial positions.  Of the 128 Deputies in Congress,
14 are women and 5 are indigenous.  There are few indigenous
persons in leadership positions in government or politics,
although the Honduran ambassador to the United Nations is a
member of the Garifuna indigenous group.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Committee for the Defense of Human Rights in Honduras and
the Committee of the Relatives of the Detained and Disappeared
in Honduras (COFADEH) are the best known and most active local
nongovernmental human rights organizations.  Prior to the
Government's establishment of the Office of the Human Rights
Commissioner, CODEH, with its network of offices throughout the
country, was often the only recourse available to victims of
abuses, particularly those living in rural areas.  The
nongovernmental Center for the Investigation and Promotion of
Human Rights (CIPRODEH), established in 1991, offers basic
human rights courses, holds monthly seminars, carries out
research on issues affecting Hondurans, and serves as a source
of information on human rights.  CIPRODEH continued its human
rights training of police officers and added training programs
for the military.
Two COFADEH staff members reported instances of harassment.  On
March 4, Berta Oliva de Nativi, COFADEH coordinator, had a
telephone call interrupted by a male voice claiming to be a
colonel who threatened to kill her and her family.  Ms. Nativi
believed the caller to be an ex-member of the notorious
military intelligence Battalion 3-16, created in the early
1980's but now dissolved.  Such threats, made by telephone at
both her home and office, continued through March and the
beginning of April.  Another member of COFADEH, Dina Meethabel
Meza Elvir, also received numerous threats and was harassed.
On March 15, Ms. Elvir reported that a man in a car followed
her for several miles and attempted to bump her vehicle.  She
obtained the license plate number.  On March 16, as she was
leaving her son's hospital in Comayaguela (a section of
Tegucigalpa), she was again followed by the same car.  Ms.
Elvir presented her information to the criminal court and also
went to the Public Ministry, which initiated an investigation.
The owner of the car was apprehended but was released when Ms.
Elvir could not identify him.  Both cases remain under
investigation; the Attorney General's office offered protection
to both women.
The Governmental Inter-institutional Commission on Human Rights
(CIDH), established in 1987 to respond to domestic and
international inquiries and to investigate human rights
violations, is largely ineffective, as it does not receive full
cooperation from military and civilian judicial authorities.
The Government provides the Human Rights Commissioner with
insufficient funds, leaving him dependent upon contributions
from international organizations such as the United Nations
Children's Fund.  He has proposed that the Human Rights
Commissioner be elected by Congress, with its power derived
from the Constitution.
Government officials continued to meet and cooperate with
representatives of local and international human rights
organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution bans discrimination based on race and sex.
Although it also bans discrimination on the basis of class, in
fact, both the military and the political and social elite
generally enjoy impunity before the legal system.  Members of
the socioeconomic upper class are rarely arrested or jailed.
The Constitution provides for 2 years of compulsory military
service for male citizens between the ages of 18 and 30,
although only Hondurans from the middle and lower classes have
been forcibly recruited into the armed forces.  In May, at
President Reina's initiative, and over the opposition of the
armed forces, Congress unanimously voted to abolish involuntary
military service.  Although the measure, as a constitutional
amendment, will have to be approved again in 1995 in order to
become effective, the President ordered an immediate suspension
of forced recruitment.  However, in late September, in the face
of strongly diminished armed forces levels, President Reina
ordered the resumption of compulsory military service.  A draft
lottery was held on November 19 to fill 6,500 open positions in
the armed forces.  Most upper-class youths continued to avoid
conscription, either as students or through their names being
left off the lottery eligibility lists.
     Women
Women are represented in at least small numbers in most of the
professions, but cultural attitudes limit their career
opportunities.  In theory, women have equal access to
educational opportunities, but family pressures often serve to
brake the ambitions of women intent on obtaining higher
education.  The law requires women, who make up 51 percent of
the work force, to be paid equal wages for equal work, but
their jobs are often classified as less demanding than those of
men, as a justification for paying them lower salaries.
Violence against women remains widespread, and serious
weaknesses in the Penal Code severely impede efforts to combat
it.  Visitacion Padilla, a women's human rights group, has
called for legislation to make violence against women a serious
crime.  The majority of such violence takes place within the
family.  The courts do not take action in domestic violence
cases unless the victim is badly battered and incapacitated for
more than 10 days.  Except in the case of children age 12 or
under, rape is considered a private crime.  Rape victims over
age 12 are therefore required to hire a private prosecutor, a
luxury few can afford.  The penalties for rape are relatively
light, ranging from 3 to 9 years' imprisonment.  There are no
shelters specifically maintained for battered women.  Although
the law offers some redress, few women take advantage of the
legal process, believing that judges would be unwilling to
apply the law vigorously.  Sexual harassment in the workplace
is also a problem, as graphically described in testimony to the
U.S. Senate in September by a 15-year-old female garment worker.
Some organizations have begun to offer assistance to women,
principally targeting those living in the rural sectors and
marginal neighborhoods of cities.  The Honduran Federation of
Women's Associations, for example, provides home construction
and improvement loans, offers free legal assistance to women,
and lobbies the Government on women's causes.  The human rights
group CIPRODEH began an education program to make women aware
of their rights under the law.
     Children
The Government is committed to providing basic education and
health care to children, but is unable to prevent abuse of
street children (see Section 1.c.) and child workers (see
Section 6.d.).  In Tegucigalpa, there are about 1,300 street
children, many of whom have been sexually molested; at least
10 percent are chronically addicted to glue sniffing.  Over
75 percent of the street children find their way to the streets
because of severe family problems; 9 percent are abandoned.
Many of these children, when arrested, are housed with adults
and abused.  Both the police and members of the general
population employ violence against street children.  Casa
Alianza worked with the police to end abuse of children who are
arrested.  However, vigilante violence and allegations of
police abuse continue to be a problem.
     Indigenous People
The small community of indigenous people have little or no
ability to participate in decisions affecting their lands,
cultures, traditions, or the allocation of natural resources.
All indigenous land rights are communal, and the law prohibits
sale of such property either by individuals or the tribe.
Tribal lands are often poorly defined in documents dating from
the mid-19th century, and in most cases lack legal title based
on modern cadastral measurements.  The Honduran Forestry
Development Corporation makes decisions regarding exploitation
of timber resources on indigenous lands, often over strenuous
tribal objection.  Usurpation of indigenous lands by
nonindigenous farmers and cattle ranchers is common.
The courts commonly deny legal recourse to indigenous groups
and show bias in favor of the nonindigenous parties, who are
often people of means and influence.  Failure to obtain legal
redress frequently provoked indigenous groups to attempt to
regain land through invasions and other tactics, which usually
provoked the authorities to retaliate forcefully.  To focus
governmental and public attention on their needs, several
thousand Indians from all over the country marched to the
capital city of Tegucigalpa on July 12 to support complaints of
Indians from the Intibuca region about illegal logging.
President Reina and his Cabinet met with Indian representatives
and agreed to address the problem and to consider long-term
recommendations regarding the Indian situation.  A
congressional committee drafted legislation to create a new
county composed exclusively of Indian communities, and the
Government promised to build schools and roads and to ensure
greater protection of the forests in which the Indians live.
However, on October 3, several thousand Indians of various
tribes made a followup march to Tegucigalpa to remind the
Government of its promises and to complain of increasing
problems with the armed forces in their areas.
     People with Disabilities
There are no formal barriers to participation by disabled
persons in terms of employment, education, and health care, but
neither is there specific statutory protection for them.  There
is no legislation that requires accessibility for disabled
persons to government buildings or services.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the legal right to form and join labor unions, and
with the exception of some "parallel" unions formed by the
Government, the unions are independent of government and
political parties.  Although only about 20 percent of the work
force is organized, trade unions exert considerable economic
and political influence.  They frequently participate in public
rallies against government policies and make extensive use of
the media to advance their views.  There are also three large
peasant associations directly affiliated with the trade
unions.  The Constitution provides for the right to strike,
along with a wide range of other basic labor rights, which the
authorities honor in practice.  The Civil Service Code,
however, stipulates that public workers do not have the right
to strike.  (This does not include those working in state-owned
enterprises.)  There were legal and illegal strikes during the
year by public and private schoolteachers, mail workers, banana
workers from Chiquita Brands, and workers in a dozen or more
foreign-owned maquiladora (in-bond processing) plants exporting
textiles to the United States.
A number of private firms have instituted "solidarity"
associations, which are essentially aimed at providing credit
and other services to workers and management who are members of
the association.  Membership in these associations increased
slightly during the year.  Organized labor, including the
American Federation of Labor-Congress of Industrial
Organizations and the International Confederation of Free Trade
Unions, strongly opposes these associations on the grounds that
they do not permit strikes, have inadequate grievance
procedures, and neutralize genuine and representative trade
unions.
The trade union movement maintains close ties with various
international trade union organizations.
     b.  The Right to Organize and Bargain Collectively
The law protects workers' rights to organize and to bargain
collectively; collective bargaining agreements are the norm for
companies in which workers are organized.  However, although
the Labor Code prohibits retribution by employers for trade
union activity, it is a common occurrence.  Employers threaten
to close down unionized companies, harass their workers, and in
some cases fire them for trying to form a trade union.
Employers actually dismiss relatively few workers for union
activity once a union is recognized; these cases, however,
serve to discourage other workers from attempting to organize.
Workers in both unionized and nonunionized companies are under
the protection of the Labor Code, which gives them the right to
seek redress from the Ministry of Labor.  Labor or civil courts
can require employers to rehire employees fired for union
activity, but such rulings are uncommon.  Generally, however,
agreements between management and unions contain a clause
prohibiting retaliation against any worker who participated in
a strike or union activity.
The same labor regulations apply in export processing zones
(EPZ's) as in the rest of private industry.  Unions are active
in the government-owned Puerto Cortes free trade zone (all
seven maquiladora companies there are unionized), but factory
owners have resisted efforts to organize the new privately
owned industrial parks.  To date, none of the EPZ plants has
been organized.  In the absence of a union and collective
bargaining, several of the EPZ plants have instituted
solidarity associations which to some extent exist as company
unions for the purpose of setting wages and negotiating working
conditions.  Others use the minimum wage to set starting
salaries and adjust the wage scale by negotiating with common
groups of workers and individuals depending on skill, years of
employment, and other related criteria.  Talks between unions
and EPZ plants continue.
In February an EPZ firm fired 4 female workers involved in
union organizing activities; in response, 5,000 workers took
over the Continental Industrial Park near El Progreso on
February 10, closing 8 factories.  Five days later, workers
occupied five factories at the Galaxy Industrial Park for the
same reason.  In June 6,000 workers took over the highway
leading to the Puerto Cortes industrial area, closing
6 factories that had fired several pregnant women in violation
of the Labor Code.
Labor leaders blame the Government for permitting management to
take such actions, and say this problem will continue until the
Ministry of Labor is reorganized to make it more efficient.
They criticize the Ministry for not enforcing the Labor Code,
for taking too long to make decisions, and for being timid and
indifferent to workers' needs.  In the month-long strike
between Chiquita Brands and its union, for example, the
Ministry of Labor and four separate commissions named by the
President were unable to end the conflict.
The Labor Code clearly prohibits blacklisting; nevertheless,
there was credible evidence that informal blacklisting occurred
in the privately owned industrial parks.  When unions are
formed, organizers must submit a list of initial members to the
Ministry of Labor as part of the process of obtaining official
recognition.  Before official recognition is granted, however,
the Ministry must inform the company of the impending union
organization.  Ministry officials have consistently been unable
to provide effective protection to workers.  There are credible
reports that, particularly in the EPZ sector, some inspectors
have gone so far as to sell companies the names of employees
involved in forming a union, which some companies used to
dismiss union organizers before recognition was granted.  There
is also credible evidence that military intelligence maintains
files on union activists.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution and the law prohibit forced or compulsory
labor.  Although there were no official reports of such
practices, allegations of forced overtime in EPZ plants,
particularly for women, are credible.
     d.  Minimum Age for Employment of Children
The Constitution and the Labor Code prohibit the employment of
minors under the age of 16, except for children between the
ages of 14 to 16 who have the permission of their parents and
the Ministry of Labor.  Employers legally hiring children under
the age of 16 must certify that the young person has finished
or is finishing his or her compulsory schooling.  The legal age
for working without parental consent is 16.  The Ministry of
Labor grants a number of these work permits to 14- and 15-year-
olds each year.  It is common for 12- and 13-year-olds to
obtain these documents or to purchase forged permits which use
the Labor Ministry's letterhead.
The Ministry of Labor does not effectively enforce child labor
laws, and violations of the Labor Code occur frequently in
rural areas and in small companies.  Many children work in
small family farms, as street vendors, or in small workshops to
supplement the family income.  According to the Ministry of
Labor, human rights groups, and organizations for the
protection of children, the most significant child labor
problem is in the construction industry.  A 15-year-old girl
also testified before a U.S. Senate subcommittee in September
that children below the legal employment age work in the
garment assembly sector.
     e.  Acceptable Conditions of Work
In December the Government decreed increases ranging from 15 to
33 percent in the minimum wage, the first since June 1993.
Daily pay rates vary by the sector of the economy affected and
geographical zones:  the lowest minimum wage is $1.60 (14.95
lempiras) per day in the agriculture sector.  The highest
minimum wage is in the mining sector at $2.79 (26 lempiras)
daily.  Urban workers earn slightly more than those in the
countryside.  The Constitution and the Labor Code stipulate
that all labor be fairly paid, but the Ministry of Labor lacks
the staff and other resources for effective enforcement.  Even
after the third consecutive annual increase, the minimum wage
is considered insufficient to provide a decent standard of
living for a worker and family.
The law prescribes a maximum 8-hour day and a 44-hour workweek.
There is a requirement for at least one 24-hour rest period
every 8 days.  The Labor Code provides for a paid vacation of
10 workdays after 1 year and 20 workdays after 4 years.
However, employers frequently ignore these regulations due to
the high level of unemployment and underemployment, and the
lack of effective enforcement by the Ministry of Labor.
The Ministry of Labor is responsible for enforcing national
health and safety laws, but does not do so effectively.  There
is no provision for a worker to remove himself from a dangerous
work situation without jeopardy to continued employment.
Reliable reports indicate that there are still as many as
50 deaths per year resulting from serious health and safety
hazards facing Miskito Indian scuba divers employed in lobster
and conch harvesting off the Caribbean coast.  Some complaints,
although fewer than in previous years, allege the failure of
foreign factory managers to comply with occupational health and
safety aspects of Labor Code regulations in factories located
in free zones and industrial parks.
HONG_KON1
pTITLE:  HONG KONG HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           HONG KONG
Hong Kong, a small, densely populated British dependency, is a
free society with legally protected rights.  Its constitutional
arrangements are defined by the Letters Patent and Royal
Instructions.  Executive powers are vested in a British
Crown-appointed Governor who holds extensive authority.  The
judiciary is an independent body adhering to English common law
with certain variations.  Fundamental rights ultimately rest on
oversight by the British Parliament.  In practice, however,
Hong Kong largely controls its own internal affairs.
The Governor appoints an advisory Executive Council and a
partially representative Legislative Council has limited
powers.
A well-organized civilian police force maintains public order
and generally respects the human rights of the populace.  There
were, however, instances in which police used excessive force.
Hong Kong, a major regional and international trade and
financial center, is the principal gateway for trade and
investment with China.  Its prosperous free market economy
operates on the basis of minimal government interference.  Per
capita gross domestic production was about $20,000 in 1994.
Human rights monitors, journalists, and concerned legislators
criticized the Government for opposing major human rights
initiatives, including the establishment of a human rights
commission and legislation against discrimination.  Human
rights problems included an increasing amount of
self-censorship by the media, the inability of people to change
their government, and discrimination against women.  There were
allegations of police use of excessive force; the authorities
investigated and punished offenders in accordance with existing
laws and regulations.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law forbids torture and other extreme forms of abuse and
stipulates punishment of those using them.  However, police
officers continued to use excessive force.  During the first
half of the year, complainants filed 797 allegations of assault
by the police.  As of July, the authorities had substantiated
64 of these.
Disciplinary action ranged from criminal proceedings to
dismissal or warnings.  The Office of Police Complaints
investigates complaints.  The Police Complaints Committee,
which consists of independent members appointed by the
Governor, monitors and reviews the handling of such
complaints.  The Government, however, continues to resist
public calls for the creation of an independent body to
investigate allegations of police abuse.
     d.  Arbitrary Arrest, Detention, or Exile
British legal protections and common law traditions govern the
process of arrest and detention and ensure substantial and
effective legal protections against arbitrary arrest or
detention.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The judicial and legal systems are organized according to
principles of British law and legal precedent, and feature,
inter alia, an independent judiciary and trial by jury.  The
law provides the right to a fair public trial, and this is
respected in practice.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides for the right of privacy, and the Government
generally respects this right.  The Independent Commission
Against Corruption (ICAC) is vested with powers which are
normally exercised only by a judicial officer.  Amendments to
ordinances governing the ICAC deprived it of this independent
authority to issue arrest or search warrants (it must now go to
the courts), but it still operates on the assumption that any
excessive, unexplainable assets held by civil servants are
considered ill-gotten until proven otherwise.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
There is a tradition of free speech and press as practiced in
the United Kingdom.  Numerous views and opinions, including
those independent or critical of the British, Hong Kong, and
Chinese Governments are aired in the mass media, in public
forums, and by political groups.  International media
organizations operate freely.  However, several ordinances
permit restrictions of the press, although authorities rarely
impose them.  The Government required a permit for the
screening of a controversial British Broadcasting Corporation
(BBC) documentary on Mao Zedong by the Foreign Correspondents
Club, after China raised objections, but permitted the program
to be shown.
The imminent return to Chinese control, however, led some
journalists to practice self-censorship.  Several incidents
during the year had a chilling effect on Hong Kong's media and
on the media's judgments of the future press environment after
1997.  These included the admission by China's Ministry of
Public Security that it has been gathering information on Hong
Kong residents who are "against the Chinese Government," the
Chinese Government's secret trial and sentencing of Hong Kong
reporter Xi Yang to 12 years' imprisonment for stealing "state
financial secrets," and Chinese Government actions taken
against Hong Kong businessman/publisher Jimmy Lai's commercial
establishments in Beijing after Lai published an open letter
critical of Chinese Premier Li Peng.  Following up these
incidents, Asia Television (ATV) executives attempted to cancel
a news program about the sixth anniversary of the June 4, 1989,
Tiananmen Massacre.  This sparked resignations by members of
the station's senior editorial staff, who alleged that
management feared possible repercussions from Chinese
Government objections to the program's airing.  Management
decided to broadcast the program.  In April the Newscorp
Satellite Broadcasting Station, STAR TV, terminated broadcast
of BBC news from its northern beam, which covers China and Hong
Kong.  It is widely assumed that Newscorp did so because of
Chinese Government objections to the BBC's "critical" reporting
on China.
Journalists report that such self-censorship is also increasing
for commercial reasons, as Hong Kong-based media organizations
which are expanding their ties in China seek to avoid offending
the Chinese Government.  Following Chinese objections to a Hong
Kong Government proposal to privatize the government-owned
Radio Television Hong Kong (RTHK), there have been no further
efforts by the Hong Kong Government to do so.  The Government
opposed freedom of information legislation proposed by
Legislative Council members and instead decided that an
administrative code of practice on access to government
information should be developed.
     b.  Freedom of Peaceful Assembly and Association
The authorities imposed no significant hindrance on the freedom
of peaceful assembly and association, although the amended
Societies Ordinance requires officeholders to notify the Police
Commissioner of the formation of a society.  The Societies
Officer may recommend to the Secretary for Security that the
operation or continued operation of a society be prohibited if
he reasonably believes that the operation or continued
operation may be prejudicial to the security of Hong Kong, or
to public safety, or public order.  While the provision in the
Ordinance allowing the Government to refuse to register an
organization "incompatible with peace, welfare, or good order"
or affiliated with a political organization abroad was repealed
in 1992, China adopted similar language in the Basic Law which
will become effective in 1997.
     c.  Freedom of Religion
The Hong Kong bill of rights includes a provision prohibiting
discrimination on the basis of religion.  The various faiths
represented in Hong Kong are able to practice without
restrictions.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not impose restrictions on the travel of
legal residents or visitors within or outside Hong Kong.
Hong Kong has never refused to accept nor pushed off Vietnamese
boat people.  Refugee status was automatically accorded prior
to June 1988, after which boat people were screened to
determine their status, and held in prison-like detention
centers awaiting resettlement in other countries or
repatriation to Vietnam.  In 1991 the United Kingdom and
Vietnam reached agreement on the mandatory repatriation of
those whom the authorities determined not to be refugees.  The
Hong Kong Government completed all initial screening of
Vietnamese asylum seekers in March.  The Government announced
completion of all secondary screening by the Refugee Status
Review Board.
Reintegration assistance programs inside Vietnam, funded by the
European Union, the Hong Kong Government, the U.N. High
Commissioner for Refugees (UNHCR), and the United States
provided an incentive for those not eligible for third-country
resettlement to return to Vietnam.  On August 8, the Hong Kong
Government began offering a "special reintegration allowance"
of $150 to all Vietnamese migrants who by year's end
volunteered to repatriate.  Funding came from money set aside
by the British Government.  Of those found ineligible for
resettlement or not yet screened, since 1989 more than 44,217
have voluntarily returned under the Comprehensive Plan of
Action agreed on in Geneva in that year, with 5,581 returning
in 1994.  Some 24,000 Vietnamese boat people remain in Hong
Kong.  In May 1992, the Government reached agreement with
Vietnamese authorities on an Orderly Return Program (ORP) for
the compulsory return of screened-out nonrefugees in detention
centers.  Under the program, people are randomly chosen from
among the nonrefugee camp population and are moved to a
separate location several days before a flight's scheduled
departure.  Government security officers then escort all those
being mandatorily returned on to the plane and accompany the
flight to Vietnam.
On April 7, 1,250 security officials used over 550 canisters of
tear gas to remove 1,500 screened-out asylum seekers protesting
the selection of individuals for the ORP.  Scores of persons
were injured, and a government investigation resulted in the
indictment of three security officers charged with using
excessive force.  While initial stories of a similar operation
conducted in September mentioned 200 injured asylum seekers, a
report later issued by three neutral nongovernmental
organization observers discounted those claims and praised the
government's handling of the incident.  In a third action about
a month later, security officials again used minimal force,
which resulted in three minor injuries to protesting asylum
seekers.  The Government recently has adopted new procedures to
prevent excessive violence, including the regular appointment
of independent monitors to observe such operations.  ORP
flights resumed on September 20 and by year's end the
Government had returned 250 persons aboard ORP flights, and a
total of 1,175 persons since the program began.
The Government maintained its policy of deporting illegal
Chinese immigrants to China, except in rare instances in which
a person was found to be qualified as a refugee within the
meaning of the U.N. Protocol on the Status of Refugees.  There
were 2,400 ethnic Vietnamese who fled from China to Hong Kong
in 1993.  Called Ex-China Vietnamese Illegal Immigrants
(ECVIIS) by the Government, they were not recognized as
refugees by the UNHCR or local authorities, and 446 were still
in detention as of December; another 14 were released when
Chinese authorities were unable to verify that they had been
resettled in China.
Following China's expulsion of Han Dongfang, a Chinese labor
organizer, when he returned to China in August 1993, the
Government has repeatedly renewed Han's permit to remain in the
territory.  The Chinese Government has refused to allow Han's
return to China.  (See also the China report.)
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Although the Government has adopted measures to democratize
district and municipal boards and the Legislative Council,
citizens of the Territory do not have the right to change their
governor and only very limited ability to effect changes in
their government.  The Governor is appointed by and serves at
the pleasure of the Crown.  He is advised on policy by an
Executive Council which he appoints.
The Legislative Council enacts and funds legislation.  It also
debates policy and questions the administration.  Although the
Legislature's power to initiate legislation is limited (all
bills with budgetary implications, for example, must be
approved by the Government before introduction), it has become
increasingly assertive.  The Governor has ultimate control of
the administration of Hong Kong but, by convention, rarely
exercises his full powers.  In practice, decisions are reached
through consensus.
Political parties and independent candidates are free to
contest seats in free and fair elections.  Representative
government employing universal franchise exists at the local
district board level.  All municipal board members will be
elected in 1995.  However, of the Legislative Council's 60
members, only 18 were elected by universal suffrage in 1991,
and this number will increase by only 2 in elections in 1995.
Currently, 21 members were either appointed by the Governor or
are themselves government officials.  Another 21 were elected
by functional constituencies which disproportionately represent
the economic and professional elites and, moreover, violate the
concept of one person-one vote, since voters in functional
constituencies may vote both in a functional and a geographic
constituency.  The Legislative Council adopted Governor Chris
Patten's proposals broadening the political franchise by
lowering the voting age from 21 to 18, opening all district
board seats to direct election, increasing the number of
Functional Constituencies (elected by professional groups) from
21 to 30, and providing Hong Kong residents greater say in the
selection of Functional Constituency Legislative Council
members previously selected by narrow constituencies.
The Government is also implementing legislation which will
abolish all appointed seats in the 1995 election and
significantly broaden functional constituencies to allow all
working residents a second vote.  These measures will still not
result in a fully representative, democratically elected
government.  In the absence of prior Sino-British agreement on
these measures, the Chinese Government announced its intention
to disband Hong Kong's elected bodies when the territory
reverts to China in 1997.
Hong Kong Chinese are seriously underrepresented in senior
government positions.  The Government is continuing efforts to
place Hong Kong Chinese in senior positions and has publicly
committed to fill "principal official" posts with local
officers before 1997.  Expatriates remain in key positions in
the Legal Department and judiciary.  The Government's efforts
to add Chinese to the Government have been opposed by a group
of expatriate government workers who have undertaken legal
action against the Government, claiming they are being
discriminated against under the provisions of Hong Kong's Bill
of Rights.  The case is still pending.  Women are playing a
greater role in politics, with greater numbers running for
public office in the 1994 elections than ever before.  Women
comprise 13 percent of the Legislative Council and 36 percent
of the senior ranks of the government secretariat.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Although the Government to date has interposed no official
barriers to the formation of local human rights groups, some
human rights monitors believe that provisions of the Societies
Ordinance provide the legal means whereby a future government
could do so.  The Government consistently cooperated with
international and nongovernmental human rights organizations on
human rights issues.  The International Covenants on Civil and
Political Rights and on Economic, Social, and Cultural Rights
currently apply to Hong Kong through the United Kingdom.  The
UNHCR and nongovernmental human rights organizations have full
access to camps for Vietnamese boat people.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
There is no legislation banning discrimination.  Some
Legislative Council members supported the introduction of
antidiscrimination measures addressing the problems of sex,
age, race, and age discrimination, but the Government opposed
the legislation, indicating that it would introduce its own
bill banning discrimination on the basis of sex and
disability.  It has not yet done so.  The Chinese language has
equal status with English in government operations except in
judicial proceedings.  To help remedy this, the Government has
increased the number of directorate officers in the Legal Aid
Department proficient in Chinese from three (of nine) to
seven.
     Women
Violence and discrimination against women remain significant
problems.  The only legislation to protect the rights of
battered women is the 1987 Domestic Violence Ordinance, which
enables a woman to seek a 3-month injunction against her
husband.  This may be extended to 6 months.  In addition,
domestic violence may be prosecuted as common assault under
existing criminal statutes.  The Government enforces these laws
and prosecutes violators.
Nevertheless, women's action groups continue to press for
better legal and government provisions for battered wives.
They call for public housing to house women as soon as they
leave their violent husbands.  Harmony House, a private agency
which receives some government subsidies, and the Social
Welfare Department operate two homes which offer refuge to a
small number of women.  Harmony House also has conducted
training programs for police personnel on how to deal with
domestic violence.  Many instances of domestic violence,
however, are not reported, owing partly to cultural factors
which frown on exposing family crisis to the public eye, but
also to the Government's failure to publicize information about
the assistance and resources available.
Women face discrimination in the areas of employment, salary,
welfare, inheritance, and promotion.  Discrimination on the
basis of age, particularly in hiring practices, is openly
practiced and is not prohibited by law.  Legislation to
prohibit existing clan practices in the New Territories which
discriminate against women on the basis of inheritance rights
recently was approved by the Legislative Council in 1994.
     Children
The Government supports child welfare programs including
custody, protection, day care, foster care, shelters, and small
group homes.  Assistance is also provided to families.  Child
abuse and exploitation are not widespread problems.
     People with Disabilities
There is no law mandating accessibility to buildings and
government services for disabled persons.  Organizations and
individuals representing the interests of the disabled claim
that discrimination exists in employment, education, and the
provision of some state services.  The Government continues to
oppose legislation addressing the needs of people with
disabilities.
Section 6  Worker Rights
     a.  The Right of Association
The right of association and the right of workers to establish
and join organizations of their own choosing are provided for
by law.  Trade unions must be registered under the Trade Unions
Ordinance.  The basic precondition for registration is a
minimum of seven persons who serve in the same occupation.  The
Government does not discourage or impede the formation of
unions.  During 1993, 22 new trade unions were registered.
Approximately 543,800 workers (roughly 20 percent) of a total
labor force of 2.6 million belong to the 532 registered unions,
most of which belong to one of three major trade union
federations.
Work stoppages and strikes are permitted.  However, the
Government places some restrictions on this right for civil
servants.  Even though the Employment Ordinance recognizes the
right to strike, in practice most workers must sign employment
contracts which typically state that walking off the job is a
breach of contract and can lead to summary dismissal.  The
Employment Ordinance also permits firms to discharge or deduct
wages from staff who are absent on account of a labor dispute.
Labor unions may form federations, confederations, and
affiliate with international bodies.  However, the Government
must approve any affiliation with foreign labor unions.  The
Government has never refused such applications.  The United
Kingdom makes declarations on behalf of the territory
concerning Hong Kong's obligations regarding the various
International Labor Organization (ILO) conventions.  To date,
Hong Kong has implemented provisions applying 31 ILO
conventions in full and 18 others with modifications.  In the
Basic Law, China undertook to continue to adhere to these
conventions after 1997.
     b.  The Right to Organize and Bargain Collectively
Although there are no laws mandating collective bargaining, ILO
Convention 98 on the right to organize and bargain collectively
is one of the 31 ILO conventions referred to above which are
applied without modification in Hong Kong.  Wage rates in a few
trades such as tailoring and carpentry are determined by
collective bargaining, but most wages are set by market forces.
Unions generally are not powerful enough to force management to
engage in collective bargaining.  The Government does not
encourage it, since the Government itself does not engage in
collective bargaining with civil servants' unions but merely
"consults" with them.  Free conciliation services are afforded
by the Labor Relations Division of the Department of Labor
(DOL) to employers and employees involved in disputes which may
involve statutory benefits and protection in employment as well
as arrears of wages, wages in lieu of notice, and severance
pay.  The DOL assists employers and employees to reach amicable
settlements but does not have the authority to impose a
solution.  The DOL is not required by law to allow unions to
represent employees in these proceedings, although it takes a
positive attitude toward the participation by trade unions in
dispute negotiations.  The Labor Tribunal Ordinance provides
that an office bearer of a registered trade union, who is
authorized in writing by a claimant or defendant to appear as
his representative, has the right of audience in the labor
tribunal.
The law protects workers against antiunion discrimination.
Employees who allege such discrimination have the right to have
their cases heard by the DOL's Labor Relations Division.
Violation of the antiunion discrimination provisions under the
Employment Ordinance is a criminal offense carrying a maximum
fine of $2,564.  However, employers are not required to
reinstate or compensate an employee.
The International Confederation of Free Trade Unions (ICFTU)
has strongly criticized as inadequate Hong Kong's labor
legislation because of its failure to protect the right to
strike, and its provisions allowing dismissals and disciplinary
action against striking trade unionists.  The Labor Tribunal
adjudicates individual labor claims, purportedly to provide a
quick and inexpensive machinery for resolving certain types of
disputes (the Tribunal complements the conciliation service
provided by the Labor Relations Division.)  Union leaders
complain, however, that the Tribunal takes too long--an average
of 130 days--to hear workers' cases.
There are few protections for almost 100,000 Filipino domestic
workers who face deportation if dismissed by their employers
and are thus vulnerable to abuse.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Labor legislation prohibits forced labor, and it is not
practiced.
     d.  Minimum Age for Employment of Children
The Employment of Children Regulations prohibit the employment
of children under age 15 in any industrial establishment.
Children aged 13 and 14 may be employed in certain
nonindustrial businesses, subject to conditions aimed at
ensuring a minimum of 9 years' education and protection of
safety, health, and welfare.  During 1993 the Government
launched 14 large-scale campaigns against the employment of
children.  They found only five children who were working in
violation of the law.  The Government successfully prosecuted
four of these cases, with fines of around $370 levied in each
case.
     e.  Acceptable Conditions of Work
There is no minimum wage, except for foreign domestic workers.
Aside from a small number of trades and industries where a
uniform wage structure exists, wage levels are customarily
fixed by individual agreement between employer and employee and
are determined by market supply and demand.  Because of
continued shortages in the labor market (unemployment was
around 2 percent), wage increases were given to most workers,
particularly those in the construction industry and service
sectors.
There are no legal restrictions on hours of work for men.  The
Women and Young Persons (Industry) Regulations under the
Employment Ordinance control hours and conditions of work for
women and young people aged 15 to 17.  Work is limited to 8
hours per day and 48 hours per week between 6 a.m. and 11 p.m.
for persons age 16 or over.  Overtime is restricted to 2 hours
per day and 200 days per year for women, and is prohibited for
all persons under 18 in industrial establishments.  The
regulations also prohibit women and young persons from working
underground or, with the exception of males aged 16 and 17, in
dangerous trades.  During 1993 the Labor Inspectorate conducted
161,830 workplace inspections of about 160,000 establishments,
resulting in 4,720 prosecutions.  The employment of underaged
workers is not a serious problem.
The DOL Factory Inspectorate sets basic occupational safety and
health standards, provides education and publicity, and follows
up with enforcement and inspection in accordance with the
Factories and Industrial Undertakings Ordinance and subsidiary
regulations.  The Inspectorate makes regular visits to
high-risk areas such as factories and construction sites.
During 1993 the Factory Inspectorate carried out 56,668
inspections of factories and 13,947 inspections of
constructions sites and issued 3,001 summonses.  Fines depended
on the seriousness of the violation.  In 1994 several serious
building collapses revealed the need for stronger government
enforcement and inspection efforts.
The DOL Occupational Health Division investigates claims of
occupational diseases and injuries at work, conducts
environmental testing in the workplace, and provides medical
examinations to employees in occupations that involve the
handling of hazardous materials.  The small number of
inspectors and the inability of workers to elect their own
safety representatives weaken the enforcement of safety and
health standards in the workplace.  There is no specific legal
provision allowing workers to remove themselves from dangerous
work situations without jeopardy to continued employment.
HUNGARY1
hTITLE:  HUNGARY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            HUNGARY
Hungary is a parliamentary democracy with a freely elected
legislative assembly.  Prime Minister Gyula Horn, the leader of
the Hungarian Socialist (formerly Communist) Party, heads a
coalition Government which was formed after the 1994 national
elections.
The state internal and external security services report to a
minister without portfolio, and the police report to the
Interior Minister.  There continued to be credible reports of
police abuse.
The new Socialist-led Government remains committed to the
transition to a market economy.  About three-quarters of
Hungary's trade is with advanced industrial countries, and the
private sector provides over half of the gross domestic
product.  However, the privatization process moved more slowly
than anticipated, and living standards continued to fall for
most of the population.  Unemployment is approximately 11
percent for the economy as a whole and about 70 percent in the
Roma community.  Services, trade, and government employ about
45 percent of the labor force, and industry nearly 30 percent.
Major exports include raw materials, semifinished goods, and
chemicals (40 percent); consumer goods (22 percent); and food
and agriculture (20 percent).
Although the Government generally respects constitutionally
provided human rights and civil liberties, the law does not
ensure due process in all cases.  Prosecutors may request what
amounts to unlimited pretrial detention.  Police may enter
private residences to check foreigners' identification without
warrants.  Police searching for illegal aliens resorted to
widespread raids, detaining those who did not show appropriate
documents and harassing others.
Despite the print media's relatively high degree of
independence, the Government influences state-owned television
and radio, which dominate the airwaves.  Although the
Government does not systematically repress the Roma population,
police continued to harass and abuse Roma.  Societal
discrimination against Roma continued to be widespread.
However, there were fewer anti-Semitic and racist incidents and
skinhead attacks, largely due to the decrease in the number of
foreign students in the country.  A new law designed to
strengthen the rights of ethnic minorities went into effect
during 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killings.  The 1992 case of the
park ranger accused of killing two Roma was appealed to the
Supreme Court.  In 1994 the Court found the ranger guilty and
sentenced him to 10 years in prison.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
No known instances of torture occurred.  Police, however,
continued to harass and physically abuse Roma.  In one case of
particularly degrading treatment, a dozen Budapest police
without a warrant entered an apartment where Roma families were
celebrating a child's birthday and began beating the women and
yelling racist obscenities.
Police also harassed and mistreated foreigners.  After being
given three breathalyzer tests at a police checkpoint in
Budapest, an American citizen was taken to a police station.
When the police produced a needle, the American citizen
objected and requested a translator.  According to the citizen,
the police refused to provide a translator and forced his
compliance with the taking of blood samples by choking and
beating him into unconsciousness.  A medical report confirmed
that the citizen had been beaten.
In a Budapest restaurant frequented by foreigners, more than a
dozen armed police rounded up guests and demanded identity
papers.  When the Chinese owner of the restaurant protested,
the police threatened to beat him.
     d.  Arbitrary Arrest, Detention, or Exile
Police must inform suspects upon arrest of the charges against
them and may hold them for a maximum of 72 hours before filing
charges.  The law requires that all suspects be allowed access
to counsel prior to questioning and throughout all subsequent
proceedings.  The authorities must provide counsel for
juveniles, the indigent, and the mentally handicapped.  The
authorities respect these rights to counsel.  There is no bail
system; however, depending upon the nature of the crime, the
court may release the accused upon his or her own recognizance.
Pretrial detention, based on a warrant issued by a judge, is
initially limited to 1 year while criminal investigations are
in progress; it may be extended indefinitely on the
prosecutor's motion.  In 1993, 49 people had been held for more
than 1 year.  No figures are yet available for 1994.
In the eastern town of Debrecen, several policemen without a
warrant entered the apartment of foreign medical students and
took 10 who had only their student identity cards to the police
station.  The police did not allow the students to make
telephone calls and did not release them until their friends
were able to produce their passports several hours later.
The Penal Code does not provide for exile.
     e.  Denial of Fair Public Trial
Under the Constitution, the courts are responsible for the
administration of justice, with the Supreme Court exercising
policy control over the operations and judicature of all
courts.  There are three levels of courts in the current
system.  Original jurisdiction in most matters rests with the
local courts.  Appeals of their rulings may be made to county
courts or to the Budapest municipal court, all of which also
have original jurisdiction in some matters.  The highest level
of appeal is the Supreme Court, whose determinations in
nonconstitutional issues are binding.  There is no jury system;
hence, judges are the final arbiters.  In the case of military
trials, appeals also may be addressed to the Supreme Court.
The Constitutional Court is charged with reviewing the
constitutionality of laws and statutes brought before it.
Parliament elects the Court's members to 9-year terms which may
be renewed.  No judge or member of the Supreme Court or the
Constitutional Court may belong to a political party or engage
in political activity.
The law provides for the right to a fair public trial, and the
authorities respect this right in practice.  In selected cases,
however, judges may agree to a closed trial to protect the
accused or the crime victim, such as in some rape cases.
Military trials follow civil law and may be closed if state,
service, or moral grounds so justify.  In all cases, sentencing
must take place publicly.  Defendants are entitled to counsel
during all phases of criminal proceedings and are presumed
innocent until proven guilty.  Judicial proceedings are
generally investigative rather than adversarial in nature.
Many human rights and Roma organizations allege that Roma
receive less than equal treatment in court.  Specifically, they
argue that Roma are kept in pretrial detention more often and
for longer periods of time than non-Roma.  Because official
records do not contain the ethnic identity of offenders, there
is no statistical support for this allegation.
In the absence of a law against hate crimes, skinhead assaults
against minorities continue to be treated as hooliganism (a
misdemeanor), and sentences are light.  President of the
Republic Arpad Goncz has proposed a law which would stiffen the
penalties for hate crimes, but Parliament has not yet acted on
this proposal.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides that the prosecutor's office may issue search
warrants independently.  Police must carry out house searches
in the presence of two witnesses and must prepare a written
inventory of items removed from the premises.  Wiretapping,
which may be done for national security reasons and for
legitimate criminal investigations, requires a court's
permission.  These provisions are observed in practice.
A search warrant is not necessary, however, in cases in which
the police are making checks on the validity of the identity
papers of foreigners.  In a series of raids in September,
police conducted arbitrary identity checks in restaurants and
residences frequented by foreigners.  In Budapest, a dozen
policemen went to the residence of an American business
executive at 2:45 a.m. to demand identification.  The
businessman was not home.  The policemen left after the
businessman's wife produced the appropriate documents for
herself and her small children.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech, and the
Government generally respects this right in practice.  Some
Budapest dailies are still partially state owned, but a broad
spectrum of print media enjoy considerable freedom.  Newspaper
and periodical subscriptions are obtained through the
government-controlled postal system, however, which has led to
charges by certain journals that their circulation is impeded
for political reasons.
Parliament's continued failure to enact a broadcast bill meant
that the Government retained the ability to exert political
pressure on the electronic media.  There is one private
national radio station and one national radio station in which
the Government maintains a minority share.  There are no
private national television stations.  State-owned Hungarian
Radio and Hungarian Television continued to enjoy a near
monopoly of nationwide broadcasting, and the Prime Minister
controlled their budgets.  During the spring election campaign,
the progovernment bias of the electronic media's news coverage
was often apparent.
Following the national elections, the outgoing Prime Minister
dismissed the acting heads of state-run radio and television,
and the incoming Prime Minister appointed replacements.  The
new management rehired and compensated many of those dismissed
by the former management for political reasons and then
dismissed, apparently also for political reasons, some 15 to 20
people.  The opposition contends that the number of persons
dismissed for political reasons is now much higher, but the
exact number is subject to dispute.
While some limited-range local licenses have been issued,
partisan wrangling and pressures from television and radio
unions and employee associations continued to block the
availability of national broadcast frequencies and the
privatization of existing state channels.  (However, over half
of the country's households have access to satellite
television, cable, or both.)  In September the Prime Minister
said his party was committed to continued state ownership of
the two existing national television channels.
     b.  Freedom of Peaceful Assembly and Association
There are essentially no restrictions on peaceful public
gatherings.  In general, the Government does not require
permits for assembly except in instances when a public
gathering is to take place near sensitive installations, such
as military facilities, embassies, and key government
buildings.  Police may sometimes alter or revoke permits, but
there is no evidence that they abuse this right.
Any 10 or more persons may form an association, provided that
it does not commit criminal offenses or disturb the rights of
others.  Associations with charters and elected officers must
register with the courts.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and members
of all faiths are allowed to practice their religion freely.
There is no officially preferred religion, but only officially
approved churches receive state subsidies.  The Government
distributed over $28 million in state subsidies among
approximately three dozen churches.  Religious orders and
schools have regained some property confiscated by the
Communist regime.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on the movement of citizens within or
outside Hungary, including on the rights of emigration and
repatriation.  The Government may delay but not deny emigration
for those who have significant court-assessed debts or who
possess state secrets.  It requires that foreign students from
countries not having a visa waiver agreement with Hungary
obtain exit visas every time they leave the country.
The fighting in the former Yugoslavia resulted in a continued
flow of refugees into Hungary.  While 7,110 refugees are
registered within Hungary, the Government estimates that over
30,000 more are unregistered.  Most of the refugees are in
private housing, with only around 2,000 housed in refugee camps.
Hungary is a signatory to the 1951 Convention Relating to the
Status of Refugees and to the 1967 Protocol, with a caveat that
it will grant refugee status only to European nationals.
Prospective refugees who seek only to transit to Western Europe
are encouraged to return to their countries of departure.
Illegal aliens, mostly non-European, are housed at the
detention center at Kerepestarcsa pending their deportation or
their qualification for resettlement in a third country by the
local office of the United Nations High Commissioner for
Refugees (UNHCR).  While police seek the timely deportation of
detainees who do not qualify for refugee status, a shortage of
funds and the detainees' lack of proper documentation, such as
passports, often result in lengthy stays.  The UNHCR reports
that conditions at the camp are acceptable.  Newspapers have
reported that Serbian refugees at the camp have threatened
other residents.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens age 18 and over have the right to change their
government through national elections held at least every
4 years.  The Parliament's members are elected through a
complex voting procedure for individuals and party lists.  In
the 1994 national elections, the Hungarian Socialist Party won
an absolute majority and formed a coalition Government with the
liberal Alliance of Free Democrats under Prime Minister Gyula
Horn.  Four parties, ranging from moderate to conservative,
constitute an active opposition in Parliament.
There are no legal impediments to women's participation in
government or the political process; however, only 43 of 386
parliamentary deputies are women.  There are few women in
leadership positions in the Government or the political
parties.  Several minorities are represented in Parliament.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Numerous human rights organizations operate without government
restriction or interference.  Many nongovernmental
organizations (NGO's) report that the Government is generally
responsive to their requests for information.  However,
individual police stations are reportedly uncooperative at
times, particularly in cases involving Roma.  There is also a
25-member parliamentary Committee for Human, Minority, and
Religious Rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Legally, women have the same rights as men, including identical
inheritance and property rights.  While there is no overt
discrimination against women, the number of women in middle or
upper managerial positions in business and government is low.
Women are heavily represented in the judiciary and in the
medical and teaching professions.  The law does not prohibit
sexual harassment in the workplace.
While there are laws against rape, it is often unreported for
cultural reasons.  Police attitudes towards victims of sexual
abuse reportedly are often unsympathetic.  According to women's
organizations, the vast majority of rape and abuse cases go
unreported.  Rape within marriage is illegal according to
Hungarian law, but proving it is extremely difficult in
practice.  According to the National Alliance of Hungarian
Women, there were 468 reported rapes (211 by spouses) and 271
reported cases of assaults on women.
Women's groups report that making women aware of their rights
is a major problem.  In the fall, Hungarian television without
explanation canceled "Ombudsno," the only television program
concerned with legal and social issues affecting women.
     Children
The Government is committed to children's rights.  Education is
mandatory through age 16, and employment is illegal below age
16.  According to the National Alliance of Hungarian Women, an
NGO, there were 528 reported cases of violence against children
in 1994, 190 of which took place within the family.
     National/Racial/Ethnic Minorities
The 1993 law on ethnic and minority rights establishes the
concept of collective rights of minorities and states that
minorities need special rights in order to preserve their
ethnic identities.  It explicitly permits organized forms of
limited self-government in areas where ethnic groups constitute
a majority, and states that the establishment of self-governing
bodies must be made possible in localities where an ethnic
group constitutes less than a majority of the population.
Further, the new law permits associations, movements, and
political parties based upon an ethnic or national character,
and mandates unrestricted use of ethnic languages.  Only those
ethnic groups which have lived within the country's present
borders for at least 100 years and who are citizens may obtain
recognized status under the new law.
On this basis, the law specifically grants minority status to
13 ethnic or national groups.  Other groups may petition the
Chairman of Parliament for inclusion if they comprise at least
1,000 citizens and have their own language and culture.
In December Hungary held its first elections for minority local
self-governments, which resulted in the formation of over 600
minority local bodies.  With funding from the central budget
and logistical support from local governments, these bodies
will have as their primary responsibility influencing and
overseeing local matters affecting the minorities.  In 1995,
they will also delegate electors to their own national
assembly, forming the national minority self-government.
In November Parliament passed a law providing for three
ombudsmen, one of whom would be specifically charged with
defending minority rights.  The ombudsmen are expected to begin
their work in the spring of 1995.
Roma constitute about 4 percent of the population, with
Germans, the second largest minority group, at about
2 percent.  There are smaller communities of Slovaks, Croats,
Romanians, Poles, Greeks, Serbs, Slovenes, Armenians,
Ruthenians, and Bulgarians, all of which are also recognized as
minorities.
Education is available to varying degrees in almost all
minority languages.  There are minority-language print media,
and the state-run radio broadcasts 2-hour daily programs in the
mother tongue of major nationalities, i.e., Slovak, Romanian,
German, Croatian, and Serbian.  State-run television carries a
30-minute program for the larger minority groups, complemented
by 5-minute weekly news bulletins.
Conditions of life within the Roma community are significantly
poorer than among the general population.  Roma suffer from
discrimination and racist attacks and are considerably less
educated, with lower than average incomes and life expectancy.
The Roma unemployment rate is estimated to be 70 percent, more
than six times the national average of 11 percent.  With
unemployment benefits exhausted and inadequate social services,
there are reports that Roma families, including young children,
are forced to resort to stealing food to eat.  Roma also
constitute a majority of the prison population.
The Government sponsors programs both to preserve Roma
languages and cultural heritage and to assist social and
economic assimilation.  Nonetheless, widespread popular
prejudice continues.  In a November incident in the town of
Gyongyos, a group of skinheads threw Molotov cocktails in the
windows of a Roma family's house and burned it down.  One of
the victims, who was taken into custody for attacking two
youths whom the police said were innocent, told reporters that
the police had forced him to change his statement.  Police
sometimes abuse Roma.
     Religious Minorities
The Jewish community is generally well assimilated, and there
were few anti-Semitic incidents.  Jews are well represented in
politics, the media, culture, and business.  During the
election campaign, swastikas and other anti-Semitic graffiti
were spray-painted on posters, and in a notable incident, a bus
which took Jewish youngsters to a Jewish summer camp at the
town of Szarvas was spray-painted with swastikas.  In a more
serious incident in March, two skinheads stabbed a Jewish
passenger in the leg on a Budapest subway.  The case has not
yet come to trial.  The number of assaults on Jews by skinheads
and neo-Nazi sympathizers continued to decline.
The Martin Luther King Organization (MLKO), which documents
assaults on foreigners of color recorded 16 such incidents in
1994, down from 20 in 1993 and 78 in 1992.  MLKO sources
commented, however, that they believe many cases go unreported
and that the decline in attacks is primarily due to the lower
number of foreign students in Hungary.  There have been some
reports of societal discrimination against persons of color.
     People with Disabilities
The Government does not mandate accessibility to buildings or
government services for people with disabilities.  Services to
the disabled are limited, and many buildings are not wheelchair
accessible.
Section 6  Worker Rights
     a.  The Right of Association
The 1992 Labor Code recognizes the right of unions to organize
and bargain collectively and permits trade union pluralism.
Workers have the right to associate freely, choose
representatives, publish journals, and openly promote members'
interests and views.  With the exception of military personnel
and the police, they also have the right to strike.  Under a
separate 1992 law, public servants may negotiate working
conditions, but the final decision on increasing salaries rests
with Parliament.
There are no restrictions on trade union contacts with
international organizations, and unions have developed a wide
range of ties with European and international trade union
bodies.
The largest labor union organization in Hungary is the National
Confederation of Hungarian Trade Unions, the successor to the
former monolithic Communist union, with over 800,000 members.
The Democratic League of Independent Unions and the Federation
of Workers' Councils, have around 250,000 and 150,000 members
respectively.
     b.  The Right to Organize and Bargain Collectively
The Labor Code permits collective bargaining at the enterprise
and industry level, although the practice is not widespread.
There is a willingness among labor organizations to cooperate
with one another, and it is particularly evident in their
relationship in forums such as the National Interest
Reconciliation Council (ET), which provides a forum for
tripartite consultation among representatives from management,
employees, and the Government.  The ET discusses issues such as
wage hikes and the setting of the minimum wage, which is
centrally negotiated within the ET in order to control
inflation.  Individual trade unions and management may
negotiate higher levels (but not lower ones) at the plant
level.  The Ministry of Labor is responsible for drafting
labor-related legislation, while special labor courts enforce
labor laws.  The decisions of these courts may be appealed to
the civil court system.  Employers are prohibited from
discriminating against unions and their organizers.  The
Ministry of Labor enforces this provision.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and the Ministry
of Labor enforces this prohibition.
     d.  Minimum Age for Employment of Children
The National Labor Center enforces the minimum age of 16 years,
with exceptions for apprentice programs, which may begin at
15.  There does not appear to be any significant abuse of this
statute.  Education is compulsory through age 16.
     e.  Acceptable Conditions of Work
The ET establishes the legal minimum wage, which is
subsequently implemented by Ministry of Labor decree.  The
current minimum wage, $95 a month (10,500 Forints) is
insufficient to provide an adequate standard of living for
workers and their families.  Many workers, therefore,
supplement their primary employment with second jobs.
The Labor Code specifies various conditions of employment,
including termination procedures, severance pay, maternity
leave, trade union consultation rights in some management
decisions, annual and sick leave entitlements, and labor
conflict resolution procedures.  Under the Code, the official
workday is set at 8 hours; it may vary, however, depending upon
the nature of the industry.  A 24-hour rest period is required
during the week.
Labor courts and the Ministry of Labor enforce occupational
safety standards set by the Government, but specific safety
conditions are not always up to internationally accepted
standards.  Enforcement of occupational safety standards is not
always effective because of the limited resources the Ministry
of Labor is able to commit to enforcement.  Workers have the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
ICELAND1
=TITLE:  ICELAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            ICELAND
Iceland is a constitutional republic and a multiparty
parliamentary democracy.  Its people participate in high
percentages in regular, free, and fair elections which
determine the distribution of power among political parties and
leaders.
Elected officials control the police force which scrupulously
observes and enforces the laws that ensure protection of human
rights.
Iceland has a mixed, open economy, in which all of its citizens
have the right to hold private property.
There were no reports of human rights abuses during the year.
The Parliament enacted into Icelandic law the European Charter
of Human Rights.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
     b.  Disappearance
There were no known abductions or disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture and other cruel, inhuman, or degrading treatment or
punishment are prohibited by law and do not occur.  Prison
conditions are good, but most prisons are full, and many are
antiquated.  The Government has begun implementing a
construction program to alleviate these difficulties.
     d.  Arbitrary Arrest, Detention, or Exile
Due process is provided by law and observed in practice.  The
Constitution states that arrested persons must be brought
before a judge without undue delay.  The judge must rule within
24 hours whether the person is to be detained.  Although the
Constitution allows for bail, it is usually not imposed as a
condition for release.  A judge's ruling may be appealed
immediately to a higher court.
There is no specific limit on the maximum length of pretrial
(investigative) detention, but it usually ranges from a few
days to a few weeks.  Pretrial detentions were generally served
in isolation prior to July 1992.  A law that took effect then
requires judges to rule specifically on whether a particular
detainee should be held in isolation, and an affirmative
decision must be justified on the grounds that it will help
prevent tampering with a continuing investigation.  All
pretrial detention sentences may be appealed to the Supreme
Court, which must return a ruling "as soon as possible"; in
practice, this generally is done in a few days.  Preventive
detention is not practiced.
There were no allegations of arbitrary detention.
There is no exile.
     e.  Denial of Fair Public Trial
Defendants are presumed innocent.  They are guaranteed the
right of access to legal counsel of their own choosing, in time
to prepare their defense.  For defendants unable to pay
attorney's fees, the State assumes the cost.  Defendants have
the right to be present at their trial, to confront witnesses,
and to participate otherwise in the proceedings.  No groups are
barred from testifying, and all testimony is treated alike.
Trials are public and are conducted fairly, with no official
intimidation.  Defendants have the right to appeal.
The Ministry of Justice administers the lower court system,
while the Supreme Court guards its independence and fairness.
Juries are not used, but multijudge panels are common,
especially in the appeals process.  All judges, at all levels,
serve for life.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Under the Constitution and in practice, there is deep respect
for the autonomy and rights of individuals.  A warrant from a
court is required to enter a private house, except in cases of
hot pursuit.  There have been no known arbitrary intrusions by
official entities, political organizations, or any other
organized group into the private beliefs or personal liberties
of individuals.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution forbids censorship and other restrictions on
the freedom of the press or freedom of individual expression,
and the Government fully respects these.  Iceland has both
state-owned and private television and radio, and both
broadcast a wide spectrum of views.  All newspapers are
privately owned.
Academic freedom of expression is vigorously exercised.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to unarmed assembly
except when the police have cause to believe a gathering may
cause rioting.  The authorities virtually never reject or
modify plans for public meetings.  In law and practice,
citizens have the right to join together formally or informally
in associations, without governmental authorization.
     c.  Freedom of Religion
Practitioners of all faiths worship freely, without government
restriction.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Icelanders are free to travel at home and abroad, to emigrate,
and to return at will.  Iceland abides by provisions of the
1951 Geneva Convention Relating to the Status of Refugees and
its 1967 Protocol.  The Government usually requires
"spontaneous" asylum seekers to return to the country of first
asylum pending a Justice Ministry ruling on their application.
It never compels refugees to return to a country in which they
presumably would face persecution.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Iceland is an open, fully functioning, parliamentary democracy
in which voters freely choose the members of the Althing
(Parliament) who, in turn, determine the composition of the
Cabinet.  Parliamentary elections are held every 4 years, or
sooner if the Althing dissolves itself or there is a
no-confidence vote.  Voting in elections and membership in
political parties are open to all citizens 18 years of age or
older.
There are no legal or practical impediments to women's
participation in government and politics.  Two of the four top
governmental positions--the President and the Speaker of the
Althing--are occupied by women (both positions are largely
ceremonial, however).  There is an active and influential
feminist political party, the Women's List, which won five
seats in Parliament in 1991, with 8.3 percent of the vote.
Nearly one-fourth of the members of Parliament are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Human rights associations operate with no government
interference.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The culture of Iceland's ethnically homogeneous population is
strongly egalitarian and opposed to discrimination based on any
of these factors.  Government legislation and practice
generally reflect this attitude, but credible reports indicate
that both the police and the court system are hostile or
indifferent to rape victims (see below).
     Women
There are no indications of a pattern of violence against
women, but reliable data are lacking.  Such violence received
increasing public attention in 1994, due largely to the efforts
of the Women's List political movement, which continued to
raise it in political debate.  A public shelter offers
protection to approximately 370 women and 180 children per
year; these 1994 figures are virtually the same as in 1993,
indicating a leveling off of an initial surge in demand for
services of the shelter.  There is also a rape trauma center
sponsored and operated by women's organizations; some 400 women
and children annually seek assistance there.  Both facilities
are funded by national and municipal governments and private
contributions.  The Reykjavik City Hospital emergency ward now
has an all-female staff to care for rape victims.
Studies indicate that only a small percentage of cases
involving domestic violence to women or sexual abuse (rape,
attempted rape, or harassment) are reported to the police.
Women's organizations assert that both the state investigative
police and the court system are hostile or indifferent to
victims of domestic violence or sexual abuse; that female
victims who lodge charges of such offenses are often subjected
to humiliating police interrogation; and that judges are unduly
lenient with sex offenders, e.g., the typical prison term for a
convicted rapist is 1 or 2 years.  Police spokesmen have indeed
asserted publicly that investigation of domestic violence is a
waste of time for the police, who should concentrate their
efforts on "more serious" crime.  On the other hand, the police
have launched a program to train officers in correct
interrogation procedures; and data published in December 1993
showed that over the period 1988-93, the number of prisoners
serving sentences for sexual offenses rose from 12 to 28, while
the average sentence for rape rose from 14 to 20 months.
Major economic and political institutions in Iceland remain
male-dominated.  Iceland's legislation requiring equal pay for
equal work is evidently not being adequately implemented.
Studies have consistently revealed an average difference of 40
percent in the earnings of men and women in comparable jobs;
when allowance is made for the longer average working hours
(and overtime) among men, there remains a 20-percent gap.
Since 1991, complaints regarding the equal rights law have been
referred to a special committee under the Equal Rights Affairs
Office of the Ministry of Social Affairs.  The committee has
only advisory powers, and its recommendations to any employer
do not have the force of law.  Only a few complaints have been
made to the committee.  Women's groups speculate that many
women are reluctant to come forward with complaints in
Iceland's small, intimate communities and traditionally stoic
culture.  Also, Iceland's largely male-led labor unions have
not actively supported individual women who wish to exercise
their right to take action on such matters.
     Children
High respect for children's rights is evident in the law and in
government policy.  In 1994 the Government created the Office
of the Children's Ombudsman in the Prime Ministry, with a
mandate to protect children's rights, interests, and welfare
by, among other things, exerting influence on legislation,
government decisions, and public attitudes.  Some international
custody cases involving Icelanders have been complicated by the
fact that, although Iceland is a signatory to the Hague
Convention on Child Abduction, it has not brought this into
force.  The Foreign Minister opined that Iceland's practices in
this area lay it open to criticism for possible violations of
human rights.  He submitted a bill in the Althing to bring the
Convention into force.
     People with Disabilities
Disabled individuals are not subject to discrimination in
employment, education, or provision of other state services.
The Government has legislated accessibility to public buildings
for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Workers in Iceland make extensive use of the right to establish
organizations, draw up their own constitutions and rules,
choose their own leaders and policies, and publicize their
views.  The resulting organizations are not controlled by the
Government or any single political party.  Unions take active
part in Nordic, European, and international trade union
bodies.  With the exception of limited categories of workers in
the public sector whose services are essential to public health
or safety, unions have had and used the right to strike for
many years.  According to Organization for Economic Cooperation
and Development figures, 76 percent of all eligible workers
belong to unions.
     b.  The Right to Organize and Bargain Collectively
There are no impediments to union membership in law or in
practice.  Virtually all unions exercise their right to bargain
collectively.  The central labor and management organizations
periodically negotiate collective bargaining agreements that
set nationwide standards and specific terms for workers' pay,
workhours, and other conditions.  The Government often plays a
role in the negotiations, and sometimes undertakes commitments
in order to bring the two sides together.  Labor courts
effectively adjudicate disputes over contracts and over the
rights provided for in the 1938 Act on Trade Unions and
Industrial Disputes, which prohibits antiunion discrimination.
By law, employers found guilty of antiunion discrimination are
required to reinstate workers fired for union activities.  In
practice, the charges are difficult to prove.  In a recent case
the union was unable to prove in court its suspicion that an
employee had been fired for union activities, rather than as
part of a series of recession-related layoffs.
In June 1993 the European Court of Human Rights ruled that the
Icelandic Government had violated the 11th article of the
European Human Rights Charter, concerning the right of free
association, by obliging taxi drivers to be members of a
union.  The Althing is to consider legislation to comply with
this judgment.
There are no export processing or other special economic zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and does not
occur.
     d.  Minimum Age for Employment of Children
The law requires children to attend school until the age of 16,
and prohibits employment of children under that age in
factories, on ships, or in other places that are hazardous or
require hard labor.  This prohibition is observed in practice.
Children aged 14 or 15 may be employed part-time or during
school vacations in light, nonhazardous work; their workhours
must not exceed the ordinary workhours of adults in the same
occupation.  The Occupational Safety and Health Administration
enforces child labor regulations.
     e.  Acceptable Conditions of Work
Although there is no minimum wage law, union membership is so
extensive and effective as to ensure that labor contracts
afford even the lowest-paid workers a sufficient income for a
decent standard of living for themselves and their families.
Workers are protected by laws that effectively ensure their
health and safety as well as provide for unemployment
insurance, paid vacations, pensions, and reasonable working
conditions and hours.  The standard legal workweek is 40
hours.  Worktime exceeding 8 hours in a workday must be
compensated as overtime.  Workers are entitled to 10 hours of
rest within each 24-hour period, and to a day off every week.
Under defined special circumstances the 10-hour rest can be
reduced to 8, and the day off can be postponed by a week, in
which case the worker has a right to 2 additional hours off in
the following week.
Health and safety standards are set by the Althing and
administered and enforced by the Ministry of Social Affairs
through its Occupational Safety and Health Administration.
INDIA1
sTITLE:  INDIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             INDIA
India is a longstanding parliamentary democracy with a free
press, civilian-controlled military, independent judiciary and
active political parties and civic associations.  Competitive
elections produce regular changes of leadership at the
national, state, and municipal levels.
Although the 25 state governments have primary responsibility
for maintaining law and order, the central Government provides
guidance and support through use of national paramilitary
forces.  The Union Ministry for Home Affairs controls the
nationwide police service, most of the paramilitary forces, and
the internal intelligence bureaus.  Paramilitary forces are
deployed throughout India and have committed significant human
rights abuses, particularly in Jammu and Kashmir.
India has a mixed economy.  The private sector is predominant
in agriculture, most nonfinancial services, consumer goods
manufacturing, and some heavy industry.  The Government
continued economic liberalization and structural reforms begun
in 1991.  India's economic problems are compounded by rapid
population growth of 2 percent per year with a current total
well above 900 million.  Income distribution remained very
unequal.  Forty percent of the urban population and half the
rural population live below the poverty level.
There continue to be significant human rights abuses, despite
extensive constitutional and statutory safeguards.  Many of
these abuses are generated by intense social tensions, the
authorities' attempts to repress violent secessionist
movements, and deficient police methods and training.  These
problems are acute in Kashmir, where the judicial system has
been disrupted both by terrorist threats including the
assassination of judges and witnesses, and by judicial
tolerance of the Government's heavy handed anti-militant
tactics.
Serious human rights abuses include:  extrajudicial executions,
torture, and reprisal killings by security forces fighting
separatist insurgents in Kashmir and northeast India; political
killings, kidnaping, and extortion by militants; extrajudicial
executions by police in Punjab; torture, rape, and deaths of
suspects in police custody throughout India; incommunicado
detention for prolonged periods without charges under special
security legislation; government failure in most instances to
prosecute and appropriately punish police and security forces
implicated in abuse; widespread intercaste and communal
violence; legal and societal discrimination as well as
extensive violence, both societal and by police and other
agents of government against women; infrequent prosecution of
"dowry deaths" (wife murder); and widespread exploitation of
indentured, bonded, and child labor.
Beginning in late 1993, the Government sought to address human
rights concerns by establishing a National Human Rights
Commission (NHRC) with powers to investigate and recommend
policy changes, punishment, and compensation in cases of police
abuse.  The Commission began to establish a record as an
effective advocate for human rights when it examined security
forces abuses committed in November 1993 in Bijbehara,
Kashmir.  One international human rights group commended the
Commission's reports as "hard hitting."  The steadfast work of
local human rights groups and the contribution of the NHRC
helped bring about a public acknowledgement of serious human
rights abuses and the need for official steps to deal with them
(see Section 4).
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
          Freedom from:
     a.   Political and Other Extrajudicial Killing
Political killings by both government forces and militant
terrorists continued at a high rate, particularly in Jammu and
Kashmir, and the northeast, where separatist insurgencies
continued in 1994.
The security forces continued to commit extrajudicial killings
of suspected militants in Kashmir.  Human rights monitors
maintain they have documented the names, dates, and
circumstances in scores of extrajudicial killings each month.
Typically, those killed were detained by security forces, and
their bodies, bearing multiple bullet wounds and often marks of
torture, returned to relatives or were otherwise discovered the
same day or a few days later.  While there is little
information to corroborate individual cases, press reports and
anecdotal evidence leaves no doubt that the pattern exists and
is extensive.  Security forces claim that these killings, when
they acknowledge them, occur in armed encounters with militants.
Deaths in Kashmir, particularly of security forces and
militants, increased in 1994 compared with the previous year.
Press reports indicate that 1,296 civilians, 175 police
personnel, and 1,630 militants died in insurgency-related
violence in Kashmir.
In Punjab, instances of terrorist violence virtually
disappeared in 1994, and the number of Sikh militants killed
diminished considerably from 1993.  The NHRC, visiting the
state in April, concurred with a widespread public perception
that Punjabi militancy was at an end and that police excesses
could no longer be explained as a response to an emergency.  In
a report issued in August, the NHRC strongly recommended that
the Punjab state government take steps to restore the normal
functioning and oversight of the police.  During 1994, 76
alleged Punjabi militants were reportedly killed in armed
encounters, including only 4 in the last 6 months of the year,
compared with more than 583 such killings in 1993.  No police
or other security personnel were killed in such encounters in
1994.  The fact that no police died underscored the
implausibility of police claims that militants were killed in
"crossfire."
Punjab police hit teams again in 1994 pursued Sikh militants
into other parts of India.  On June 24, Punjab police shot and
killed Karnail Singh Kaili, a man they identified as a Sikh
terrorist leader of the Bhindranwale Tiger Force (BTFK) in West
Bengal.  The government of West Bengal claimed that it had not
been informed of the presence of the Punjab police in West
Bengal, seized Kaili's body and weapons, and barred the
departure of the police team until the Punjab Chief Minister
apologized.
In Bihar, human rights groups claim police continued to kill
Naxalites in faked "encounter killings."  In one case in April,
police allegedly killed 11 suspected Naxalites in cold blood
and then claimed the deaths had occurred in an encounter.
During their August visit to Andhra Pradesh, representatives of
the NHRC heard complaints of abuses committed by both Naxalites
and police.  The NHRC asked the Bihar government for details of
nine alleged faked encounter killings by the police and
recommended the payment of compensation to the relatives of the
Naxalite killings, and also to the relatives of the victims of
faked encounter killings.
There is evidence that the practice of faked encounter killings
has spread to Bombay.  The previous year's pattern persisted in
1994.  There were over 60 alleged criminals reported as killed
in armed encounters with the Bombay Police during the first 7
months of the year.
While state authorities continued to tolerate extrajudicial
killings in areas buffeted by separatist insurgencies, the
press and courts paid increasing attention to deaths in police
custody and faked encounter killings.  The Supreme Court
directed active investigation and prosecution of custodial
deaths and other cases of police abuse and negligence.  In one
case, murder charges were brought against Punjab policemen for
a faked encounter killing.  In another case, a High Court judge
in July recommended murder charges for 11 Punjab policemen in a
faked encounter killing and compensation to the victim's family.
In September the Supreme Court strongly criticized the Punjab
police, including the Director General K.P.S. Gill, for
inaction following the abduction by police in 1991 of 7 members
of a family, none of whom has been seen since.  In October the
Supreme Court ordered the prosecution of 58 police officers
accused in the 1991 murders of 10 Sikh youths in Uttar
Pradesh.  The NHRC is investigating 25 cases of suspected faked
encounter killings.
Deaths of suspects in police custody continued to occur as a
result of torture during interrogation.  One such case was that
of Madan Lal who died in November 1993 within hours of being
picked up and released by police.  In June the NHRC recommended
the award of $1,700 to compensate Lal's family, the transfer of
the investigation from the Delhi Police Department to the
Central Bureau of Investigation (CBI), and the initiation of
proceedings against a police officer who had threatened
witnesses.  The Government accepted the recommendations.
The press reported that police arrested Mahesh Paswan in the
Hajipur District, Bihar on the evening of February 19 and that
Paswan died in custody early the next morning.  The victim's
father filed charges against four policemen suspected of
causing his son's death.  The authorities suspended one
officer, and the district magistrate initiated an inquiry.
According to press reports, Bapula Das died in police custody
in the Khandagiri Police Station in Orissa April 27, hours
after he was detained.  Two men who had been detained with Das
told a local human rights group that the police tortured the
three of them with electric shocks.  The Orissa Government
reportedly suspended three police officers, initiated a
judicial inquiry, and paid the victim's family $800 in
compensation.
On August 29, Kashmiri journalist Ghulam Mohammad Lone and his
young son were shot dead in their home.  He had received a
death threat from an army officer in connection with a story
reporting corrupt practices in the military.  At year's end,
the authorities had not charged anyone in the killing.
Terrorist attacks accounted for hundreds of deaths.  As in the
past, Kashmiri militant groups carried out politically
motivated killings on a wide scale, targeting progovernment
politicians, government officials, alleged police informers,
civilians and members of rival factions.  Examples included:
the shooting death of Wali Mohammad Itoo, a National Conference
leader and former state minister; the killings of former state
assembly member Abdul Majid Pandey and a police inspector in
separate incidents on July 15; and the killing of three
passengers on two buses stopped by militants in the Doda
District May 20.  On June 20, militants allegedly shot and
killed the Dr. Qazi Nissar, the Mirwaiz (Muslim religious
leader) of South Kashmir, for speaking out against militancy.
The Government estimated that 70 persons, including 35
militants, were killed in clashes between militant factions in
the first 3 months of 1994.
Maoist revolutionary Naxalites continued to commit many
killings in Andhra Pradesh, Bihar, and Orissa.  Naxalites held
"people's courts" in which village headmen and others were
condemned to death and summarily executed as "class enemies"
and "caste oppressors."  In Bihar during 1993, 300 persons were
estimated to have been killed in clashes between security
forces and Naxalites, and between Naxalite factions.
Extensive, complex patterns of violence continued in the seven
states of northeastern India.  Numerous killings can be
attributed to conflicts in each of the following categories:
between indigenous peoples, usually Buddhist or animist, and
immigrant groups, usually Muslim or Hindu; between tribes of
indigenous peoples; between security forces and militants of at
least 18 insurgent groups; among factions of insurgent groups.
Large numbers of security personnel were among the victims of
the violence of the northeast.
     b.  Disappearance
There were widespread reports of disappearances again in 1994.
There are credible reports that police throughout India often
do not file required arrest reports.  As a result, there are
hundreds of unsolved disappearances in which relatives claim an
individual was taken into police custody and never heard from
again.  Police usually deny these claims, countering that there
are no records of arrest.
Security forces acknowledge that they detained more than 10,000
in Jammu and Kashmir from 1990 to mid-1994 and that they
released over 7,000 of them.  The Government made public a list
of more than 3,000 detainees in more than 20 detention centers
in Jammu and Kashmir in 1994.  However, human rights groups
maintain that the Government does not acknowledge holding
without charge as many as 7,000 additional persons in
incommunicado detention.
The Government maintains that screening committees run by the
state government provide information about detainees to their
families.  However, other sources indicate that families are
able to confirm the detention of their relatives only by
bribing prison guards.  The Kashmir Bar Association reports
that bodies bearing marks of torture of persons detained weeks
earlier have been found or returned to the victim's families.
Amnesty International (AI) published a report in December 1993
on disappearances in Jammu, Kashmir, and Punjab.  The
Government's response to the report shed little light on cited
cases.  The response indicated that the Government of Pakistan
and militant groups bear the responsibility for creating
circumstances in Kashmir that "created possibilities of what
may be perceived as excesses."  The response indicated that the
Government had completed inquiries on 75 disappearances:  35
were dismissed on the grounds that no missing-person reports
were filed with local police authorities.  That is, the
relatives did not file reports with the authorities whom they
believed perpetrated or condoned the abductions.  Investigation
continued in 12 cases, and in 10 cases the authorities released
disappeared individuals from detention.  The Government offered
other explanations for the remaining cases.
Problems with the absence of police arrest records is
particularly common in Punjab, where a number of disappearances
were reported.  A noteworthy case is that of Sukhwinder Singh
Bhatti, a defense lawyer for accused Sikh militants.  On May
12, plainclothes police officers arrested Bhatti; he has not
been seen since.  In a letter to the Chief Justice, a group of
Punjab lawyers pointed out that Bhatti's case was the fourth in
3 years in which the police kidnaped a defense lawyer for
accused terrorists.  On June 17, the Haryana and Punjab High
Court ordered a CBI investigation into Bhatti's case; and on
July 22, the NHRC summoned the Punjab state Home Secretary to
provide explanations for the disappearances of the four
lawyers.  The NHRC reported that the cases are under
investigation or before the Supreme Court.
Militants in Kashmir and the northeast have increasingly
resorted to kidnapings to sow terror, seek the release of
detained comrades and extort funds.  According to the
government, Kashmiri militants conducted 368 kidnapings in
first half of 1994, including those of an American citizen and
5 British nationals, all of whom were released unharmed or
freed unharmed by police.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture, but there is credible evidence that
it is common throughout India.  The authorities often use
torture during interrogations.  In other cases, they torture
detainees to extort money and sometimes as summary punishment.
Police officials in West Bengal acknowledged in press
interviews that torture is a routine practice in interrogation.
Human rights groups continue to report numerous cases in which
police and paramilitary forces have used torture during
interrogations in Kashmir, Punjab, and Assam.  Commonly
reported methods include:  beatings, rape, burning with
cigarettes and hot rods, suspension by the feet, crushing of
limbs with heavy rollers, and electric shocks.  Because many
alleged torture victims die in custody, and others are afraid
to speak out, there are few first-hand accounts, although the
marks of torture have often been found on the bodies of
deceased detainees (see Sections 1.a. and 1.b.).  The
prevalence of torture by police in lockups throughout India is
borne out by the number of cases of deaths in police custody.
The rape of persons in custody is part of the broader pattern
of custodial abuse.  According to the Home Minister, 54 cases
of custodial rape occurred in 1991, 79 in 1992 and 45 in 1993.
A report published by the People's Union for Democratic Rights
(PUDR) in May detailed 24 cases of alleged custodial rape
between 1989 and 1993 in Delhi.  The PUDR noted that there have
been no convictions and that the authorities reinstated three
of 10 policemen dismissed in connection with these cases.
In Madras, there were three publicized cases of gang rapes of
the wives of prisoners in police stations in 1994; a number of
policemen have been suspended in connection with these cases.
In late December, an official investigation recommended
official charges against policemen who allegedly raped seven
women in a melee that occurred when the police blocked the
movement of demonstrators near Muzaffargarh on October 2.
There were also many reports of rapes committed by security
forces and militants in Kashmir and the Northeast.
Confessions extracted by force are generally inadmissible in
court.  Under the Terrorist and Disruptive Activities
(Prevention) Act (TADA), a confession made to an officer above
the rank of superintendent of police is admissible as
evidence--provided the police believe the confession was
voluntary.  However, the use of torture to obtain confessions
under TADA is common.
Prison guards have abused inmates for reasons unrelated to
interrogation.  In one particularly serious case, 7 prisoners
died and 27 were injured as a result of beatings by guards in
Pilibhit Jail on the night of November 8.  Criminal charges
have been brought against guards and other officials involved.
Although custodial abuse is deeply rooted in police practices,
there is evidence of growing public awareness of the problem.
The NHRC has identified torture and deaths in detention as one
of its priority concerns.  It has directed district magistrates
to report all custodial deaths within 24 hours and stated that
failure to do so will be interpreted as an attempted coverup.
Magistrates appear to be complying with this directive.
The courts also have been more active in prosecuting cases of
custodial abuse.  Many cases are old and illustrate the
slowness of the judicial system in custodial cases.  Early in
the year, five Delhi constables were sentenced to 5 years'
rigorous imprisonment for illegally confining and beating to
death Kamal Kumar in July 1979.  In January the Supreme Court
sentenced three Uttar Pradesh policemen to imprisonment and
fined two CBI inspectors for beating a suspect on the steps of
the Supreme Court.  In April the Punjab High Court ordered
$1,700 in compensation to 4 women who had the word "pickpocket"
tattooed on their foreheads by Punjab police.
There are three classes of prison facilities.  Prisoners are
not classified by the nature of their crimes, but by their
standing in society.  Class "C" prisoners are those who cannot
prove they are college graduates or income taxpayers.  Their
cells are overcrowded, often have dirt floors, no furnishings,
and poor quality food.  The use of handcuffs and fetters is
common.  Class "B" prisoners--college graduates and
taxpayers--are held under markedly better conditions.  Class
"A" prisoners are prominent persons, as designated by the
Government, and are accorded private rooms, visits, and
adequate food, which may be supplemented by their families.
Class "A" prisoners are usually held in government guest
houses.  The authorities do not always follow this
classification:  following their arrest in October 1993,
Kashmiri political leaders Abdul Gani Lone and Syed Ali Shah
Gilani were held for months as class "C" prisoners before they
were moved to a guest house (see also Section 1.e.).
According to a statement in Parliament by Minister of State for
Home Affairs, P.M. Sayeed, New Delhi's Tihar Jail, considered
one of the best-run in India, housed in March 8,577
prisoners--in facilities designed to hold 2,487.  According to
Sayeed, 7,505 detainees awaited the completion of their trials,
while 672 others have been in trial for 3 years or longer.
The Government does not allow NGO's to monitor prison
conditions.  Nevertheless, prison conditions are a subject of
press reports and have received greater attention from human
rights groups.  Press accounts of prison conditions include
reports of sexual abuse of prisoners, the use of prisoners by
prison officials as domestic servants, the sale of food and
milk for prisoners on the black market, the sale of female
prisoners to brothels, and the marketing and export of
prison-made goods.
Women constitute 2 to 6 percent of the total prison population,
according to the 1987 Justice Krishna Iyer Report.  Although
Parliament passed a Children's Act in 1960 to safeguard young
prisoners against abuse and exploitation, and a Juvenile
Justice Act in 1986 provides that boys under 16 and girls under
18 are not to be held in prison, most states have not
implemented these Acts.  The Supreme Court has criticized the
state governments for not providing reformatories and separate
detention facilities for children.
     d.  Arbitrary Arrest, Detention, or Exile
Over the past decade, the Government implemented a variety of
special security laws intended to help law enforcement
authorities fight separatist insurgency.  There are credible
reports of widespread arbitrary arrest and detention under
these laws.
The Constitution requires that detainees have the right to be
informed of the grounds for arrest, have the right to be
represented by counsel, and, unless the person is held under a
preventive detention law, the right to appear before a
magistrate within 24 hours of arrest.  At this initial
appearance, the accused must either be remanded for further
investigation or released.  The Supreme Court has upheld these
provisions.  An accused person must be informed of his right to
bail at the time of arrest and may, unless he is held on a
nonbailable offense, apply for bail at any time.  The police
must file a charge sheet within 60 to 90 days of arrest; if
they fail to do so, court approval of a bail application
becomes mandatory.
The Constitution permits preventive detention laws in the event
of threats to public order and national security.  These laws
provide for limits on the length of detention and for judicial
review.  Several laws of this type remain in effect.
The National Security Act (NSA) of 1980 permits detention of
persons considered security risks; police anywhere in India
(except Kashmir) may detain suspects under NSA provisions.
Under these provisions, the authorities may detain a suspect
without charge or trial as long as 1 year on loosely defined
security grounds.  The state government must confirm the
detention order, which is reviewed by an advisory board of
three High Court judges within 7 weeks of arrest.  NSA
detainees are permitted visits by family members and lawyers
and must be informed of the grounds for detention within 5 days
(10 to 15 days in exceptional circumstances).  Nationwide, more
than two-thirds of the 16,000 people detained under NSA since
1980 have been released by order of the state government or an
advisory board.
The Jammu and Kashmir Public Safety Act (PSA) of 1978 covers
corresponding procedures for that state.  In May the
authorities released and immediately rearrested Kashmiri
political leaders Abdul Gani Lone and Syed Ali Shah Gilani, who
had been detained under the PSA in October 1993.  The move
followed a decision by the Supreme Court which ruled that the
authorities did not have sufficient grounds to detain Lone and
Gilani.  However, they and 376 other Kashmiri detainees were
released in October.  Over half of the detainees in Jammu and
Kashmir are held under the PSA.
The TADA was enacted in 1985 to fight insurgency in Punjab, but
has been invoked by almost every state, including those in
which there is no insurgency (see also Sections 1.c. and
1.e.).  TADA stipulates that those found guilty of terrorist
and disruptive acts, or membership in a terrorist gang, may be
sentenced to no less than 5 years.  It also carries the death
penalty for certain terrorist crimes.  Disruptive activities
are defined broadly to include speech or actions that disrupt
or challenge the sovereignty or territorial integrity of India.
The TADA extends the period to 60 days during which a detainee
may be held in police custody after remand by the court, and it
allows administrative detention up to 180 days (1 year in
special circumstances).  Suspects held under TADA must be
presented within 24 hours before an executive magistrate who
reviews the detention order, but human rights groups say this
requirement is frequently ignored.  The TADA was extended for 2
years in May 1993, at which time an amendment was added
requiring authorization from a state police inspector general
before a court takes cognizance of a TADA case.
According to the Government, there were 8,742 TADA arrests in
21 states in 1993, the latest year for which information is
available.  In May the Home Ministry informed Parliament that
61,843 persons had been detained under TADA since the law's
enactment in 1985, and 48,502 had been released on bail.  While
the Ministry said it did not maintain information on the
numbers of cases that resulted in conviction, the Minister of
State conceded that the number was very low.
Press reports claim that, on the basis of official figures, 626
persons have been convicted under TADA in all of India since
1986.  According to a study by one human rights group, 18 of
11,957 detainees arrested under the TADA have been convicted in
the state of Gujarat, even though that state has not
experienced any insurgency.  The vast majority of TADA
detainees are eventually freed on bail or released without
charges being filed.
There are widespread accusations that the special security laws
have been misused in states not experiencing civil unrest as a
convenient way to hold people without trial.  These accusations
are borne out by government data showing TADA and NSA arrests
by state.  In 1993 more persons were detained under TADA in
Gujarat and Maharashtra than in Punjab, which was the Act's
original target.  The authorities in Gujarat detained 2,902
persons under TADA in 1993--roughly one third of the nationwide
total.  Detentions under NSA in 1993 were highest in Gujarat
and Uttar Pradesh.
Public opposition to TADA rose after a Supreme Court decision
in March upheld the Act's constitutionality.  The press, human
rights groups, and lawyers' organizations criticized the
decision.  The National Minorities Commission and prominent
Muslim members of the Ruling Congress (I) Party, including a
sitting minister, claimed that TADA is used disproportionately
against minorities, Muslims in particular, and called for its
repeal.  In July the Supreme Court issued another decision that
restricted the use of TADA to terrorist crimes and called for
the release of those detained under TADA after 180 days if no
charges have been brought.
The Home Minister acknowledged that there has been widespread
abuse of TADA and directed the chief ministers of the states to
correct these practices.  The pace of releases subsequently
accelerated and, by the end of November, the nationwide total
of persons detained under TADA was reduced to 6,432.  The
largest number of those still held are in Kashmir and the
northeastern states in Maharashtra, where religious riots
occurred in January 1993.
The Minister of State for Home Affairs stated in July that the
Government might not renew TADA when it expires in April 1995,
if the Government found that the states have misused the Act.
The NHRC announced in August that it would ask the Supreme
Court to review its March decision.  In September the NHRC
entered a plea before the Court challenging one of TADA's
provisions.  The Court denied NHRC's standing but allowed its
lawyer to advise the Court.
The court system is overloaded.  The result has been the
detention of persons awaiting trial for periods longer than
they would receive if convicted.  Prisoners may be held months
or even years before obtaining a trial date.  According to a
reply to a parliamentary question in July, more than 111,000
criminal cases were pending in the Allahabad High Court, the
most serious case backlog in the country, of which nearly
29,000 cases had been pending for 5 to 8 years.
INDIA2
\r\rTITLE:  INDIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Eleven detained foreigners petitioned the Delhi High Court in
July to investigate the delay in their trials and threatened a
hunger strike.  Four had been held for 4 to 7 years pending
completion of their trials.
The Government does not practice exile.
     e.  Denial of Fair Public Trial
India has an independent judiciary with strong constitutional
safeguards.  Under a Supreme Court ruling, the Chief Justice,
in consultation with his colleagues, has a decisive voice in
selecting judicial candidates.  The President appoints the
judges, and they serve up to age 62 in the state high courts
and 65 in the Supreme Court.
When legal procedures function normally, they generally assure
a fair trial, but the process can be drawn out and inaccessible
to the poor.  Defendants have the right to choose counsel from
a bar that is fully independent of the Government.  There are
effective channels for appeal at most levels of the judicial
system.  This is not true for cases tried under TADA, which may
be appealed only to the Supreme Court.  Since many TADA
detainees lack the resources to appeal to the Supreme Court,
the Act effectively limits appeal.
The Criminal Procedure Code provides for an open trial in most
cases, but it allows exceptions in proceedings involving
official secrets, trials in which statements prejudicial to the
safety of the State might be made, or under provisions of
special security legislation such as TADA.  Sentences must be
announced in public.  TADA authorizes secret testimony to
protect witnesses and suspends the usual prohibition on the use
of evidence gathered through police interrogation.  Persons
charged under TADA with certain crimes are presumed guilty and
carry the burden of proving their innocence.  Human rights
groups credibly charge that these categories are so broad that
they can be manipulated to fit any case.  TADA trials are held
before special courts, which may sit "in camera" in any
district of the state where the crime was committed.
Constitutional challenges to the TADA have been raised on the
premise that it violates the defendant's right to due process,
abrogates the jurisdictional rights of the states by
eliminating appeal to the High Court, and that it is
incompatible with the constitutional guarantee of free speech.
Muslim personal status law governs many noncriminal matters
involving Muslims--including family law, inheritance, and
divorce.  The Government does not interfere in the personal
laws of the minority communities, with the result that laws
that discriminate against women are upheld.
In Kashmir, the judicial system barely functions due to threats
by militants against judges, witnesses, and their family
members and because of judicial tolerance of the government's
heavy handed anti-militant actions.  Courts there are not
willing to hear cases involving terrorist crimes or fail to act
expeditiously on habeas corpus cases.  As a result, there were
no convictions of alleged terrorists in Kashmir during 1994,
even though some militants have been in detention for years.
In Punjab, where a similar situation had existed, the courts
began to play a more assertive role in 1994 (see Sections 1.b.
and 1.c.).
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The police must obtain warrants for searches and seizures.  In
a criminal investigation, the police may conduct searches
without warrants to avoid undue delay, but they must justify
the searches in writing to the nearest magistrate with
jurisdiction over the offense.  The authorities in Jammu and
Kashmir, Punjab, and Assam have special powers to search and
arrest without a warrant.
The Indian Telegraph Act authorizes the surveillance of
communications, including monitoring telephone conversation and
intercepting personal mail--in cases of public emergency or "in
the interest of the public safety or tranquility."  These
powers have been used by every state government.
On May 25, the Punjab state government ordered the authorities
to intercept any mail addressed to or mailed by various Sikh
political, student, and lawyer groups, persons residing in
Pakistan, or any group or person considered a danger to the
state.  On July 25, the state High Court ordered the state
government to suspend implementing the order.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Both government forces and militants continue to commit serious
violations of humanitarian law in the disputed state of Jammu
and Kashmir.  Between 400,000 and 450,000 Indian army and
paramilitary forces are deployed in Jammu and Kashmir, but
their number substantially increased during 1994.  The Muslim
majority population in the Kashmir Valley is caught between the
repressive tactics of the security forces and acts of wanton
violence committed by the militants.  Under the Jammu and
Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and
Kashmir) Special Powers Act, both passed in July 1990, security
forces personnel have extraordinary powers, including authority
to shoot to kill suspected lawbreakers and those disturbing the
peace, and destroy structures suspected of harboring militants
or arms.
The number of cases in which the security forces caused the
deaths of civilians diminished when compared with 1993.  In the
most serious case, 18 civilians and 3 members of the Kashmir
police died and 15 were injured in the village of Kupwara on
January 28.  Kashmiri sources claim the deaths, including those
of the policemen, occurred when security forces fired on a
crowd demonstrating near the district magistrate's office.
Security forces claim they returned fire when militants
attacked a military convoy passing through the town.  Results
of a magisterial inquiry have not been made public.
In April the NHRC released a report on the October 1993
incident in Bijbehara, in which Border Security Force (BSF)
personnel killed 41 civilians by gunfire.  In the report, the
NHRC asked the authorities to keep it informed about the
disciplinary proceedings initiated against 14 BSF personnel.
It also recommended compensation for the families of the
victims and a government review of BSF operations in situations
in which civilians may be affected.  A Commission of Inquiry
has not completed its investigation of the January 1993
incident in Sopore, in which a BSF unit fired on civilians,
killing 45, while responding to a hit-and-run attack by
militants.
There were credible reports that security forces retaliate
against civilians following attacks by Kashmiri militants.  In
March in Mahand village, seven persons, including two children,
died while asleep at home after a paramilitary unit set off an
explosion in apparent reprisal for an earlier landmine attack
on their own forces.
In July a Ministry of Defense spokesman announced in Srinagar
that a court-martial had sentenced two army enlisted men to 12
years' rigorous imprisonment for raping a Kashmiri woman 1
month earlier.  The announcement broke with the Government's
previous policy of not announcing the disciplinary sentences
handed down to security forces personnel in Kashmir.
Kashmiri militant groups were also guilty of serious human
rights abuses.  In addition to political killings and
kidnapings (see Sections 1.a. and 1.b.), militants engaged in
extortion and carried out acts of random terror that left
hundreds of Kashmiris dead.  A bus bombing near Jammu on July
16 killed 6 and left 27 injured.  According to the Government,
the number of deaths caused by militants, including the deaths
of hundreds of civilians, continued at a level comparable to
1993.  Also, according to the Government, these militant groups
killed about 70 members of rival factions, including 35
militants between January and mid-April 1994.  Such deaths were
said to have totaled about 100 in all of 1993.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution protects these freedoms, and with some
limitations they are exercised in practice.  A vigorous press
reflects a wide variety of public, social, and economic
beliefs.  Newspapers and magazines regularly publish
investigative reports and allegations of government wrongdoing,
and the press as a whole champions human rights and criticizes
perceived government lapses.
The Press Council of India is a statutory body of journalists,
publishers, academics, and politicians, with a chairman
appointed by the Government.  Designed to be a self-regulating
mechanism for the press, it investigates complaints of
irresponsible journalism and sets a code of conduct for
publishers.  This code includes not publishing articles or
details that might incite caste or communal violence.  The
Council publicly criticizes newspapers or journalists it
believes to have broken the code of conduct, but its findings,
while noted by the press community, carry no legal weight.
National television and radio, which are government monopolies,
are frequently accused of manipulating the news to the benefit
of the Government.  However, international satellite television
is widely distributed in middle class neighborhoods via cable
and is gradually eroding the Government's monopoly on
television.
Under the Official Secrets Act (OSA), the Government may
restrict publication of sensitive stories, but the Government
sometimes interprets this broadly to suppress criticism of its
policies.  In January a journalist and two other persons were
prosecuted in Kerala under the OSA for photographing and
photocopying documents at an All India Radio (AIR) station in a
restricted area.  The journalist had earlier published a series
of articles critical of AIR's broadcasting.
The 1971 Newspapers Incitements to Offenses Act remains in
effect in Jammu and Kashmir.  Under the Act, a district
magistrate may prohibit the press from carrying material
resulting in "incitement to murder" or "any act of violence."
As punishment, the Act stipulates that the authorities may
seize newspapers and printing presses.  Despite these
restrictions, newspapers in Srinagar regularly carry militant
press releases attacking the Government and report in detail on
alleged human rights abuses.
The authorities allowed foreign journalists to travel freely in
Kashmir, where they regularly spoke with militant leaders, and
filed reports on government abuse.  Militant groups also
threatened journalists and editors and even imposed temporary
bans on some publications.
In January the Punjab police raided the office of the Punjabi
daily Aj Di Awaz and arrested several employees under the
TADA.  The authorities subsequently released all the detainees
except editor Gurdip Singh on bail, and the newspaper has
resumed publication.  In another incident, the police detained
a Punjabi journalist for 4 days for questioning about press
releases issued by militants.  On July 1, police officers beat
two journalists who had asked Punjab Director General of
Police, K.P.S. Gill, embarrassing questions at a press
conference in Delhi.
On July 3, the authorities in Assam arrested Ajit Bhuyan and R.
N.D. Barua, the editors of two local newspapers, under the TADA
on suspicion of their links with Assamese militants.  Bhuyan,
who also heads a local human rights group, claimed he was
interrogated about the sources of articles on official
corruption but not about possible links with militants.  At
year's end, both were released on bail.
In late December 1993, the authorities filed charges under the
TADA against a newspaper editor, Parag Kumar Das, following his
publication of a book advocating Assam's independence.  The
police reportedly confiscated his manuscript and all copies of
the book.
A government censorship board reviews films before licensing
them for distribution.  The board deletes material deemed
offensive to public morals or communal sentiment.  Producers of
video news magazines must also submit their products to a
government censorship board, which occasionally censors stories
that portray the Government in an unfavorable light.  The
board's ruling may be appealed and overturned.  In March the
board's decision to ban a film on the 1992-1993 riots in Bombay
was overturned.
Citizens enjoy complete academic freedom, and students and
faculty espouse a wide range of views.  In addition to 10
national universities and about 160 state universities, states
are empowered to accredit locally run private institutions.
     b.  Freedom of Peaceful Assembly and Association
The Constitution protects the right of peaceful assembly and
the right to form associations, and these rights are generally
respected in practice.
Authorities sometimes require permits and notification prior to
holding parades or demonstrations, but local governments
ordinarily respect the right to protest peacefully.  At times
of civil tension, authorities may ban public assemblies or
impose curfew under Section 144 of the Criminal Procedure
Code.  The authorities in Punjab frequently imposed such
restrictions in previous years but limited their use in 1994;
opposition Akali parties were permitted to hold public rallies
and conduct membership drives.
However, in Andhra Pradesh the authorities arrested 400 persons
in February for violating Section 144 in an effort to prevent a
conference on "Suppression of People's Movements," sponsored by
the Communist Party--Marxist Leninist.  In northeastern India,
the authorities used Section 144 to prohibit members of the
Bodo tribe from entering the Darrang District and to prohibit
rallies by the All Assam Students' Union.  The authorities also
invoked Section 144 to prohibit entry into the Dhule District
by activists opposing construction of the Narmada dam.
The Unlawful Activities (Prevention) Act prohibits the
establishment of organizations that promote communal hatred.
The Government has used this Act to prohibit two organizations,
one Hindu and one Muslim, after Hindus destroyed a mosque in
Ayodhya in December 1992.  However, the authorities do not
rigorously enforce this law.  Srinagar and other parts of Jammu
and Kashmir were under sporadic curfew during much of the year.
     c.  Freedom of Religion
India is a secular state in which all faiths generally enjoy
freedom of worship.  Government policy does not favor any
religious group.  There is no national law to bar proselytizing
by Indian Christians.  Foreign missionaries can generally renew
their visas, but since the mid-1960's the Government has
refused to admit new resident missionaries.  Those who arrive
now do so as tourists and stay for short periods.  As of
January 1993, there were 1,923 registered foreign Christian
missionaries in India.  As in the past, state officials refused
to issue permits for foreign Christian missionaries to enter
some northeastern states.  Tensions between Hindus and Muslims
continue to pose a challenge to the secular foundation of the
State (see Section 5).
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens enjoy freedom of movement within the country except in
certain border areas where, for security reasons, special
permits are required.  Under the Passports Act of 1967, the
Government may deny a passport to any applicant who "may or is
likely to engage outside India in activities prejudicial to the
sovereignty and integrity of India."  The Government uses this
provision to prohibit the foreign travel of some government
critics, especially those advocating Sikh independence.
Citizens may emigrate without restriction.  Millions of people
of Indian origin live abroad.
Although India is not a signatory to the U.N. Convention and
Protocol on Refugees, the Government follows its general
principles.  The Government recognizes certain groups,
including Chakmas and Tamils from Sri Lanka, as refugees by
providing assistance in refugee camps or in resettlement areas,
as in the case of Tibetans.  The Government neither deports
Afghans, Burmese, and other nationalities nor recognizes them
as refugees.  Instead, these people receive renewable residence
permits and are recognized as refugees by the U.N. High
Commissioner for Refugees (UNHCR), or are ignored.
Pursuant to a 1993 agreement with the Government of Bangladesh
for expeditious repatriation of Chakma refugees, 1,850 were
repatriated in February and some 3,000 more were repatriated in
July and August.  Some human rights groups claim that in many
cases these repatriations were involuntary and refugees staged
a hunger strike to protest them.  The Government has rejected
offers by the UNHCR to monitor these repatriations.  Human
rights organizations and the press corroborate claims by
refugees that the Government has reduced rations and cash
assistance to refugee camps holding Chakmas to encourage their
repatriation.
According to the UNHCR, 102,437 Tamil refugees from Sri Lanka
were living in India in early September.  Of the total, 69,150
lived in 122 camps in the state of Tamil Nadu, 31,668 more are
living with friends and relatives, and 11,629 suspected of
militant activities are detained in special camps.  The state
government, using central Government resources, provides
shelter and subsidizes food to those in the camps.  Enforcement
of a Tamil Nadu government ban on nongovernmental organization
(NGO) assistance to the camps has been relaxed.  NGO's visited
the camps in 1994.  Voluntary repatriation under UNHCR
supervision continues.  According to the Government, 7,000 were
scheduled to be repatriated to Sri Lanka in early fall.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercise this right freely.  India has a democratic,
parliamentary system of government with representatives elected
in multiparty elections under universal adult suffrage.  A
Parliament sits for 5 years unless dissolved earlier for new
elections, except under constitutionally defined emergency
situations.  State governments are elected at regular intervals
except in states under President's rule, i.e., rule from the
center.
On the advice of the Prime Minister, the President may proclaim
a state of emergency in any state in the event of war, external
aggression, or armed rebellion.  Similarly, President's rule
may be declared in the event of a collapse of a state's
constitutional machinery.  The Supreme Court in May upheld the
Government's authority to suspend fundamental rights during an
emergency.
The Home Ministry has indicated its desire to replace
President's rule with an elected state government in Jammu and
Kashmir but says law and order problems are an obstacle to the
holding of state assembly elections.  President's rule remained
in effect in Jammu and Kashmir throughout the year.
President's rule in Manipur was extended on May 11 and was in
effect through the entire year.  President's rule in the states
of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and
Rajasthan, invoked following the December 1992 Ayodhya crisis,
ended with state assembly elections in November 1993.  A state
assembly for the national capital territory of Delhi was
elected for the first time in November 1993.
The Constitution reserves seats in Parliament and state
legislatures for "scheduled tribes" and "scheduled castes" in
proportion to their population (see Section 5).  Indigenous
people participate actively in national and local politics, but
their impact depends on their numerical strength.  In
Northeastern states, indigenous peoples are a large proportion
of the population and consequently exercise a dominant
political influence in the political process.  In Maharashtra
and Gujarat, on the other hand, tribal peoples are a small
minority and have been unsuccessful in blocking projects they
oppose.
There are no legal impediments to the participation by women in
the political process.  A large proportion of women participate
in voting throughout the country, and numerous women represent
all major parties in the national and state legislatures.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Independent human rights organizations operate throughout India
investigating abuses and publishing their findings which are
often the basis for reports by international human rights
groups.  However, the police targeted human rights monitors for
arrest and harassment.  As noted in Section 1.b., the police in
Punjab abducted a lawyer involved in defending accused Punjabi
militants, and he subsequently disappeared.
The Government appointed a National Human Rights Commission
(NHRC) in October 1993 with powers to investigate and recommend
policy changes, punishment, and compensation in cases of police
abuse.  In addition, the NHRC is directed to contribute to the
establishment, growth and functioning of nongovernmental human
rights organizations.  The Government appoints the members and
finances the activities of the NHRC, which is prohibited by
statute from investigating allegations of abuse involving army
and paramilitary forces.  Indian human rights groups criticized
the legislation creating the NHRC; they remain skeptical, but
have indicated that thus far most of their concerns appear to
be unfounded.  In its first year of operation, the NHRC
received 3,000 complaints of human rights abuses and
investigated cases in nearly every state in India.  Despite the
limitation on its activity, the NHRC also investigated
allegations of abuse by paramilitary forces.
Disposition of this case load was not available at year's end.
During its first six months of operation, The NHRC considered
496 complaints, recommended punishment and compensation in 174,
dismissed 274, and sent 48 to other fora.  The NHRC's report on
the October 1993 killing of 41 civilians in Bijbehara, Kashmir
was described as "hard hitting" by an international human
rights group.  In addition to closely following court martial
proceedings initiated against 14 BSF members, the NHRC
recommended that the BSF conduct a full review of force
deployment in civilian areas and pay compensation to the
families of the victims.  The Commission directed district
magistrates nationwide to report all cases of custodial death
to it within 24 hours or be presumed to have attempted a
coverup.  A typical example inquiry into a custodial death by
the NHRC was that of the case of Madan Lal.  The Delhi police
complied with all the Commission's recommendations including
the institution of departmental proceedings against a police
officer who had threatened witnesses (See Section 1.a.).
The Commission's report on its visit to Punjab strongly
criticized the state government for abuses by police and
recommended corrective measures.  At year's end, the state
government had not responded to the NHRC's recommendations.
The Government granted requests for visits to India by some
international human rights organizations but refused others.
In January it permitted Amnesty International to visit Bombay,
the first such visit in 14 years to visit to India.
In March the Government permitted representatives of the
International Committee of the Red Cross (ICRC) to make a
humanitarian needs survey in Jammu and Kashmir.  The survey
resulted in a formal offer of ICRC's services.  Discussions
were not concluded at year's end.  ICRC representatives also
conducted training of police and border security force
personnel in international humanitarian law.
However, the Government refused a requested visit by the U.N.
Human Rights Commission's Special Rapporteur on Extrajudicial,
Summary, or Arbitrary Executions to evaluate reported
violations of the right to life in Kashmir.  The Government
stated that the NHRC will undertake such investigations.  It
also denied entry visas to two Human Rights Watch researchers.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The traditional caste system as well as differences of
ethnicity, religion, and language deeply divide Indian society.
Despite laws designed to prevent discrimination, there are
other laws as well as social and cultural practices that have a
profound discriminatory impact.
     Women
India has an elaborate system of laws to protect the rights of
women, including the Equal Remuneration Act, the Prevention of
Immoral Traffic Act, and the Sati (widow burning) Prevention
Act and the Dowry Prohibition Act.  However, the Government
often is unable to enforce these laws, especially in rural
areas where traditions are deeply rooted.  Female bondage and
forced prostitution are widespread in parts of Indian society.
According to a government study, borne out by press reporting,
violence against women--including molestation, rape, kidnaping,
and wife murder ("dowry deaths")--has increased over the past
decade.
Domestic violence in the context of dowry disputes is a serious
problem.  In the typical dowry dispute, a groom's family will
harass a woman they believe has not provided sufficient dowry.
This harassment sometimes ends in the woman's death, which
family members often try to portray as a suicide or kitchen
accident.  Although most "dowry deaths" involve lower and
middle-class families, the phenomenon crosses both caste and
religious lines.
Government figures show a total of 5,377 dowry deaths in 1993,
an increase of about 12 percent from 1992.  Under a 1986
amendment to the Penal Code, the court must presume the husband
or the wife's in-laws are responsible for every unnatural death
of a woman in the first 7 years of marriage--provided that
harassment is proven.  In such cases, police procedures require
that an officer of deputy superintendent rank or above conduct
the investigation and that a team of two or more doctors
perform the postmortem procedures.
Nonetheless, convictions in dowry death cases are rare.
Lawyers note that judges and prosecutors, usually men, are
uninterested in cases of domestic violence and susceptible to
bribes.  In May the Law Ministry stated that in the Uttar
Pradesh High Court, 33 dowry death cases were pending from
1985, 26 from 1986, 35 from 1987, 54 from 1988, and 56 from
1989.  With few exceptions, the accused are free on bail.
The personal status laws of the religious communities
discriminate against women.  Under the Indian Divorce Act of
1869, a Christian woman may demand divorce only in the case of
spousal abuse and certain categories of adultery, while for a
man adultery alone is sufficient.  Under Islamic law, a Muslim
husband may divorce his wife spontaneously and unilaterally;
there is no such provision for women.  Islamic law also allows
a man to have up to four wives but prohibits polyandry.
The Hindu Succession Act provides equal inheritance rights for
Hindu women, but married daughters are seldom given a share in
parental property.  Islamic law recognizes a woman's right of
inheritance but specifies that a daughter's share should be
only one half a son's.  Under tribal land systems, notably in
Bihar, tribal women do not have the right to own land.  Other
laws relating to the ownership of assets and land accord women
little control over land use, retention, or sale.
There are thousands of grassroots organizations working for
social justice and economic advancement of women, in addition
to the National Commission for Women.  The Government usually
supports these efforts, despite strong resistance from
traditionally privileged groups.  This resistance is
illustrated by a September 1992 incident in rural Rajasthan
when a women's rights monitors was gang-raped by men who
objected to her work against child marriage.  Five accused
persons were arrested in December 1993; three were released on
bail in April.  The court case continues.
     Children
There are an estimated 500,000 street children nationwide.
Child prostitution in the cities is rampant, and there is a
growing pattern of traffic in child prostitutes from Nepal.
According to one estimate, 5,000 to 7,000 children, mostly aged
10 to 18, are victims of this traffic.
The Child Marriage Restraint (Amendment) Act of 1976 prohibits
child marriage, a traditional practice in northern India.  The
Act raises the age of marriage for girls to 18 from 15, but the
Government does not enforce it effectively.  According to one
report, 50 percent of the girls in Bihar, Rajasthan, Uttar
Pradesh and Madhya Pradesh are married at or before age 16.
INDIA3
4TITLE:  INDIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Amniocentesis and sonogram tests are widely misused for sex
determination, resulting in a disproportionate number of
abortions of female fetuses.  In July a bill was introduced
into Parliament that would prohibit the use of these tests for
sex determination.  Human rights groups estimate that at least
10,000 cases of female infanticide occur yearly, primarily in
poor rural areas.
Female foeticide and infanticide have produced a steady decline
in the ratio of females to males.  This ratio has decreased to
927 per 1,000 in 1991, from 955 per 1,000 in 1981, and 972 per
1,000 at the turn of the century.  Parents often give priority
in health care and nutrition to male infants.  Women's rights
groups point out that the burden of providing girls with an
adequate dowry is one factor that makes daughters less
desirable.  Although abetting or taking dowry is theoretically
illegal under the Dowry Prohibition Act of 1961, it is still
widely practiced.
     Indigenous People
The Innerline Regulations, enacted by the British in 1873,
still provide the basis for safeguarding tribal rights in most
of the border states of northeastern India.  These regulations
prohibit any person, including Indians from other states, from
going beyond an inner boundary without a valid permit.  No
rubber, wax, ivory or other forest products may be removed from
the protected areas without prior authorization.  No outsiders
are allowed to own land in the tribal areas without approval
from tribal authorities.
Despite constitutional safeguards, the rights of indigenous
groups in eastern India are often ignored.  There has been
encroachment on tribal land in almost all the states of eastern
India, including by illegal immigrants from Bangladesh and
businesses which have removed forest and mineral products
without authorization.  Moreover, persons from other
backgrounds often usurp places reserved for members of tribes
and lower castes in national education institutions.
Such violations have given rise to numerous tribal movements
demanding protection of land and property rights.  The
Jharkhand movement in Bihar and Orissa, and the Bodo movement
in Assam, reflect deep economic and social grievances among
indigenous peoples.  In the Jharkhand area, tribal people
complain that they have been relegated to unskilled mining
jobs, have lost their forests to industrial construction, and
have been displaced by development projects.  The Government
has considered the creation of an independent Jharkand state,
but the affected state governments oppose the idea.
However, there is some local autonomy in the region.  In
Meghalaya tribal chiefs still wield influence in certain
villages.  The Nagaland government controls the rights to
certain mineral resources, and autonomous district councils in
Tripura, Assam, and Meghalaya control matters such as
education, rural development, and forestry in cooperation with
the state governors.
     National/Racial/Ethnic Minorities
The Constitution gives the President authority to specify
historically disadvantaged castes and tribes which are entitled
to affirmative action in employment and other benefits.  These
so-called "scheduled" tribes constitute about 8 percent of the
Indian population and "scheduled" castes about 16 percent.
Scheduled tribes and castes benefit from special development
funds, government hiring quotas, and special training
programs.  A national commission investigates specific
complaints about deprivation of the rights of scheduled castes
and tribes and submits an annual report.
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act of 1989 specifies new offenses against
disadvantaged people and provides stiffer penalties for
offenders.  However, this law has had only a modest effect in
curbing abuse.  Government statistics indicate that 19,774
cases of "atrocities" were committed against members of
scheduled castes tribes in 1993, as compared with 20,834 in
1992 and 21,505 in 1991.  A Government commission is charged
with giving special attention to the problems of these
minorities.
The practice of untouchability was in theory outlawed by the
Constitution and the 1955 Civil Rights Act, but it remains an
important aspect of life in India.  Intercaste violence claims
hundreds of lives each year.  There was a surge of intercaste
violence in the early months of 1994, following the success of
parties representing "backward" and scheduled castes in
November state assembly elections in Uttar Pradesh and their
formation of a governing coalition in the state.  Members of
the scheduled castes were disproportionately the victims of
this violence, which also occurred throughout the country, but
especially in Madhya Pradesh and Maharashtra.
     Religious Minorities
Controversy between Hindus and Muslims continues over whether
to build a temple or rebuild the mosque on a disputed site in
Ayodhya.  The potential for renewed Hindu-Muslim violence
remains high.  Muslim groups protested the disproportionate
number of Muslims detained under the TADA, particularly in the
states of Gujarat and Maharashtra and the city of Hyderabad
(see Section 1.d.).
The Religious Institutions (Prevention of Misuse) Act makes it
an offense to use any religious site for political purposes or
to use temples for harboring persons accused or convicted of
crime.  While specifically designed to deal with Sikh places of
worship in the Punjab, the law technically applies to all
religious sites.
     People with Disabilities
The Government's Ministry of Welfare has principal
responsibility for programs for the disabled, and it delivers
comprehensive rehabilitation services to India's rural
population through 16 district centers.  A national
rehabilitation plan commits the Government to putting a
rehabilitation center in each of India's more than 400
districts, but services are still concentrated in urban areas.
The Government reserves 3 percent of positions in official
offices and state-owned enterprises for people with visual,
hearing, or orthopedic disabilities.  The Government provides
special railway fares, education allowances, scholarships,
customs exemptions, and rehabilitation training to assist
people with disabilities.  There is no legislation or otherwise
mandated provision of accessibility for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of association; workers
may establish and join unions of their own choosing without
prior authorization.  There are five major recognized national
trade union centrals, each of which is associated with, but not
necessarily controlled by, a political party.
Trade unions often exercise the right to strike, but public
sector unions are required to give at least 14 days' notice
prior to striking.  Some states have laws requiring workers in
certain nonpublic sector industries to give prior strike notice.
The Essential Services Maintenance Act allows the central
Government to ban strikes and requires conciliation or
arbitration in specified essential industries.  Legal
mechanisms exist for challenging the assertion that a given
dispute falls within the scope of this Act.  The Industrial
Disputes Act prohibits retribution by employers against
employees involved in legal strike actions.  This prohibition
is observed in practice.
Abuses against nationally organized unions or unionized workers
are generally not a problem.  However, unaffiliated unions of
low caste or tribal workers are not always able to secure for
themselves the protections and rights guaranteed by law.
Unions are free to affiliate with international trade union
organizations.
     b.  The Right to Organize and Bargain Collectively
The right to bargain collectively has existed for decades.  The
Trade Union Act prohibits discrimination against union members
and organizers, and employers may be penalized if they
discriminate against employees engaged in union activities.
Collective bargaining is the normal means of setting wages and
settling disputes in the organized industrial sector.  Trade
unions vigorously defend worker interests in this process.
Although a system of specialized labor courts adjudicates labor
disputes, there are long delays and a backlog of unresolved
cases.  When the parties are unable to agree on equitable
wages, the Government may set up boards of union, management,
and government representatives to determine them.
In practice, legal protections of workers' rights are effective
only for the 28 million workers in the organized industrial
sector, out of a total work force of 376 million.  Outside the
modern industrial sector, laws are difficult to enforce.  Union
membership is rare in this "informal" sector and collective
bargaining does not exist.
There are 7 export processing zones (EPZ's).  Entry into the
EPZ's is ordinarily limited to the employees.  Such entry
restrictions apply to union organizers.  While workers in EPZ's
have the right to organize and bargain collectively, trade
union activity is rare.  Women workers constitute the bulk of
the work force in the EPZ's.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, and legislation passed
in 1976 specifically bans the practice of "bonded labor."  A
Supreme Court decision defined "forced labor" as work at less
than the minimum wage, which is usually set by the state
governments.  Under this definition, which differs from that of
the International Labor Organization (ILO), "forced labor" is
widespread, especially in rural areas.
"Bonded labor," the result of a private contractual
relationship whereby a worker incurs or inherits debts to a
contractor and then must work off the debt plus interest, is
illegal but widespread.  The Government estimates that between
enactment of the Bonded Labor (Regulation and Abolition) Act in
1979 and March 31, 1993, approximately 251,424 bonded workers
had been released from their obligations.  Other sources
maintain that those released are only one-tenth of the total
number of bonded laborers.  State governments are responsible
for enforcing the Act.  Offenders may be sentenced to up to 3
years in prison but prosecutions are rare.
     d.  Minimum Age for Employment of Children
Article 24 of the Constitution prohibits employment of children
under 14 years of age in factories, mines or other hazardous
employment.  Article 45 encourages the state governments to
provide free and compulsory education for all children up to
the age of 14.  A law passed in 1986 banned the employment of
children under 14 in hazardous occupations, such as glass
making, fireworks, match factories, and carpet weaving, and
regulated their employment in others.  The Factories Act and
the Child Labor Registration Act limit the hours of workers
below the age of 15 to 4.5 hours per day.
The Government estimates that there were 17.5 million child
workers in 1985.  The ILO estimates the number at 44 million,
while NGO's claim the figure is 55 million.  The enforcement of
child labor laws is the responsibility of the state
governments.  Enforcement is not effective, especially in the
informal sector where most of the children are employed.  The
continuing prevalence of child labor may be attributed to
social acceptance of the practice, the widespread belief that
poverty causes child labor, and the failure of the state
governments to make primary school education compulsory.
In September a group of carpet manufacturers and exporters, in
cooperation with NGO's and an export promotion project with
Germany, introduced a program to label export carpets as being
"child-labor free."  This initiative is being undertaken on a
trial basis in response to consumer pressure in Germany.
     e.  Acceptable Conditions of Work
Minimum wages vary according to the state and sector of
industry.  Such wages are considered adequate only for a
minimal standard of living.  Most unionized workers receive
much more than the minimum wage, including mandated bonuses and
other benefits.  The state governments set a separate minimum
wage for agricultural workers but do not enforce it well.
The Factories Act established an 8-hour workday, a 48-hour
workweek, and various standards for working conditions.  These
standards are generally enforced and accepted in the modern
industrial sector, but tend not to be observed in older and
less economically robust industries.  State governments are
responsible for enforcement of the Factories Act.  However, the
large number of industries covered by a small cadre of factory
inspectors and their limited training and susceptibility to
bribery make for lax enforcement.
Although occupational safety and health measures vary widely,
in general neither state nor central government resources for
inspection and enforcement of standards are adequate.  Safety
conditions tend to be better in the EPZ's.
INDONESI1
nTITLE:  INDONESIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           INDONESIA
The Indonesian political system, despite a surface adherence to
democratic forms, remains strongly authoritarian.  President
Soeharto, now in his sixth 5-year term, a small group of
advisers, and the military dominate the political life of this
heavily populated developing country, whose people come from
hundreds of different cultural, linguistic, and ethnic
backgrounds.  The Government requires allegiance to a state
ideology known as "Pancasila," which includes belief in a
supreme god, a just and civilized humanity, national unity,
democracy, and social justice.  It has used Pancasila as a
justification for restricting the development of opposition
elements.
Under a doctrine of "dual function," the military is given
special civic rights and responsibilities, including unelected
military seats in Parliament (DPR) and local legislatures, in
addition to its defense and security roles.  The 450,000-member
armed forces, including 175,000 police, consider the
maintenance of internal security as their primary mission, and
they have traditionally acted swiftly to suppress perceived
threats to security, whether from criminal acts, separatist
movements, or allegedly subversive activities, with a vigor
that has often led to human rights abuses.  A few military
leaders sometimes raised questions about the validity of this
"security approach."  There continued to be numerous, credible
reports of human rights abuses by the military and police,
although they exhibited some restraint in controlling crowds
and demonstrations.
In contrast to its restrictive political system, Indonesia has
an increasingly open and deregulated economy.  Though still a
poor country, Indonesia's economy continued to expand in 1994,
especially in manufacturing, with gross domestic product
expected to increase by 6.7 percent.  With inflation remaining
under control, the continued economic growth has produced
steady gains in living standards for much of Indonesian
society.  The number of people living below the poverty line
has fallen from 70 million in 1970 to 27 million in 1990.
Income inequality has been slightly reduced over the past
quarter century.  Widespread unemployment persists, however, as
do corruption and influence peddling.
The Government continued to commit serious human rights abuses
and in some areas, notably freedom of expression, it became
markedly more repressive, departing from a long-term trend
towards greater openness.  The most serious abuses included the
continuing inability of the people to change their government
and harsh repression of East Timorese dissidents.  Reports of
extrajudicial killings declined.  Security forces continued to
torture those in custody:  some sources reported that the use
of torture declined, but definitive statistics are not
available.  Extrajudicial arrests and detentions continued, as
did the use of excessive violence in dealing with suspected
criminals or perceived troublemakers.
The Government imposed severe limitations on freedoms of
speech, press, and assembly, and suppressed efforts to develop
a free trade union movement.  The armed forces continued to be
responsible for the most serious human rights abuses.  Some
military leaders showed a willingness to admit misconduct
publicly and take action against offenders.  The Government in
a few cases brought abusers to justice, but their punishment
rarely matched the severity of the abuse.  The judiciary
continued to be largely subservient to the executive branch and
the military.  Widespread corruption in the legal system
remained a serious problem.
The Government withdrew the licenses of three leading
publications.  It prepared but has not issued a draft
presidential decree that would restrict further the activities
of nongovernmental organizations (NGO's), and it increasingly
cracked down on antigovernmental critics, labor activists, and
alleged criminals during the year, including in an anticrime
campaign dubbed "Operation Cleanup" by the Government.  These
constraints, however, did not completely dampen dissenting
voices in the media, and the many human rights NGO's continued
to be active.  The government-appointed National Human Rights
Commission established in 1993 showed some independence and a
willingness to criticize government policies and actions.
On East Timor, no progress was made in accounting for the
missing persons following the 1991 Dili incident, and troop
levels remained unjustifiably high.  Somewhat greater access
was permitted to foreign journalists and others, including a
July visit by the United Nations Special Rapporteur on Summary,
Arbitrary and Extra-judicial Executions, although some NGO
representatives and foreign journalists continued to encounter
difficulties or were denied access to East Timor.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killings
Historically, politically motivated extrajudicial killings
generally have occurred most frequently in areas where
separatist movements were active, such as East Timor, Aceh, and
Irian Jaya.  Although security forces continue to employ harsh
measures against separatist movements in these three areas,
there were no confirmed reports of politically motivated
extrajudicial killings in 1994.
However, there were reports of security forces killing armed
insurgents including six Aceh Merdeka supporters in clashes in
Aceh.  At least four members of the security forces were also
reported killed in these clashes.  Reliable civilian sources
reported that in East Timor security forces killed several
Timorese civilians.  The number of such reports was lower than
in previous years, however.  There were no reports of such
killings in Irian Jaya.
Troop strength in East Timor declined in 1994.  Reliable
estimates indicated that about 6,000 army troops from outside
the province reinforced the normal garrison of about 3,000.
There are also about 3,000 police in East Timor.  Commanders
there have stated that they intend to review the level of
troops in the province for possible further reductions on a
twice yearly basis.  The Government offered a general amnesty
to members of the Timorese resistance who surrender their arms,
and it was reported to have released some who were apprehended
rather than trying them.
The police often employ excessive force in apprehending
suspects or coping with alleged criminals.  In Jakarta police
in April mounted an anticrime program dubbed "Operation
Cleanup," in which they employed deadly force against
suspects.  In response to protests that the methods used are
unjustifiably harsh and amount to execution without trial,
police have generally claimed that the suspects were fleeing,
resisting arrest, or threatening the police.  Although accurate
statistics were unavailable, the number of fatal shootings by
police seemed to be increasing, with some 150 incidents
reported in West Java (including Jakarta) by mid-July.  Human
rights groups were particularly concerned that this cleanup
campaign was intensified in the weeks leading up to the
Asia-Pacific Economic Cooperation forum (APEC) meeting in
November.  In North Sumatra, 80 shootings by police, including
4 deaths, were reported by mid-December.
In the past the authorities almost never took action against
police for using excessive force.  However, there is some
indication that the situation is improving, although action
taken by the authorities is still not commensurate with the
gravity of police abuses.  For example, a military court in
Medan sentenced a policeman accused of killing a suspect in
1993, who was allegedly trying to escape, to 3 months in prison
in 1994.  In March a military court sentenced four policemen in
Palembang to prison terms of 2 to 3 months for shooting, but
not killing, a suspect at close range.  The five police
officers detained in 1993 in North Sumatra in connection with
the death of Syamsul Bahri were not tried, apparently because
the family did not pursue the case.  At least one of the 10
police cadets accused of beating a man to death in Kupang in
April was sentenced to 2 years in prison.  At year's end the
military claimed to be still investigating the September 1993
killings by security forces of four demonstrators who were
peacefully protesting construction of a dam in Madura; some two
dozen police and military personnel are involved.  Residents
from the area met with representatives of the National Human
Rights Commission in May and December to request legal action
against civilians and military personnel accused of involvement
in the shootings.
     b.  Disappearance
There were no politically motivated abductions.  Security
forces in areas of conflict often hold suspects for long
periods without formal charges, but these cases usually end
with official acknowledgement of detention (see Section l.d.).
Reliable sources report that all those alleged to have
disappeared during the mid-July disturbances at the University
of East Timor have been located.
Government efforts to account for the missing and dead from the
November 12, 1991 military shooting of civilians in Dili, East
Timor, remained inadequate.  No additional cases of those still
listed as missing in a report the military gave to Human Rights
Watch/Asia were resolved during the year.  Government spokesmen
implied that their failure to locate those missing was
primarily due to those persons wishing to evade detection.
Many knowledgeable observers, however, continued to believe
that most of the missing are dead and that some members of the
armed forces know where their bodies are located.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Criminal Code makes it a crime punishable by up to 4 years
in prison for any official to use violence or force to elicit a
confession, and it establishes pretrial procedures to give
suspects or their families the right to challenge the legality
of an arrest or detention.  In practice, security forces
continued to employ torture and other forms of mistreatment,
particularly in regions of security concerns such as Aceh and
East Timor, although some sources reported that the use of
torture declined.  Legal protections are both inadequate and
widely ignored.  According to the January, 1994 report of the
Special Rapporteur on Torture to the United Nations Human
Rights Commission, the most commonly used methods are:  beating
on the head, shins, and torso with fists, lengths of wood, iron
bars, bottles, rocks, and electric cables; kicking with heavy
boots; burning with lighted cigarettes; electric shocks;
slashing with razor blades and knives; death threats, faked
executions and deliberate wounding with firearms; pouring water
through the nose; prolonged immersion in fetid water; hanging
upside down by the feet; placing heavy objects on knees and
other joints; isolation; sleep and food deprivation and genital
mutilation, sexual molestation, and rape.  Civilian sources in
East Timor report that security agencies still employ torture
before releasing suspects to police custody, particularly
electric shocks, though its incidence has decreased.
Police often resort to physical abuses even in minor incidents,
and prison conditions are harsh, with violence among prisoners
and mistreatment and extortion of inmates by guards reportedly
common.  The incidence of mistreatment by prison officials
drops sharply once a prisoner has been transferred from police
or military custody into the civilian prison system, and prison
conditions generally have improved in recent years.  Officials
have publicly condemned police brutality and harsh prison
conditions and occasionally instigate disciplinary action,
including transfer, dismissal, and trials leading to prison.
In August a civilian employed at a Medan jail was tried on
charges of causing the death of an inmate who died from
injuries sustained in a beating.  He was sentenced to 6 months
in jail.  Such actions, however, are an exception to the rule
of general impunity.
Political prisoners are usually mixed with the general prison
population, although in the Cipinang prison in Jakarta
high-profile political prisoners are segregated.  In 1994 the
Government allowed the International Committee of the Red Cross
(ICRC) to visit prisoners in Cipinang in Jakarta and also
granted access to prisons elsewhere in Java, Sumatra, Aceh, and
other provinces as well as EasT Timor.  The Government also has
allowed the ICRC to organize family visits to political
prisoners.  In January the authorities suspended visitation
rights for jailed East Timorese Fretilin leader Xanana Gusmao
for 1 month following release of a letter he sent to the
International Commission of Jurists which Indonesian
authorities deemed objectionable.
     d.  Arbitrary Arrest, Detention, or Exile
The Criminal Procedures Code contains provisions against
arbitrary arrest and detention which are routinely violated.
The Code specifies the right of prisoners to notify their
families, and that warrants must be produced during an arrest
except under specified conditions, such as when a suspect is
caught in the act of committing a crime.  It also authorizes
investigators to issue warrants to assist in their
investigations or if sufficient evidence exists that a crime
has been committed.  Despite these requirements, authorities
sometimes make arrests without warrants.  Some persons
suspected of involvement in the Medan riots in April were
arrested before formal warrants were issued.
The law presumes defendants innocent and permits bail.  They or
their families may also challenge the legality of their arrest
and detention in a pretrial hearing and may sue for
compensation if wrongfully detained.  However, it is virtually
impossible for detainees to invoke this procedure, let alone
receive compensation, after being released without charge.  In
both military and civilian courts, appeals based on legality of
arrest and detention are rarely, if ever, accepted.  The Code
also contains specific limits on periods of pretrial detention
and specifies when the courts must get involved to approve
extensions, usually after 60 days.
In areas where active guerrilla movements exist, such as East
Timor and Aceh, people are routinely detained without warrants,
charges, or court proceedings.  Bail is rarely granted,
especially in political cases.  The authorities frequently
prevent access to defense counsel and make it difficult or
impossible for detainees to get legal assistance from voluntary
legal defense organizations.  The authorities routinely approve
extensions of periods of detention.  In addition, suspects
charged under the 1963 Antisubversion Law are subject to
special procedures outside the Criminal Procedures Code which
allow, for example, the Attorney General the authority to hold
a suspect up to 1 year before trial.  He may renew this 1-year
period without limit.  Special laws on corruption, economic
crimes, and narcotics are similarly exempt from the Code's
protections.
The Agency for Coordination of Assistance for the Consolidation
of National Security (BAKORSTANAS) operates outside the Code
and has wide discretion to detain and interrogate persons
thought to threaten national security.  It is impossible to
state the exact number of arbitrary arrests or detentions
without trial but in March 59 people being held in connection
with the 1989-91 Aceh insurgency were released without charges
or trials, bringing the total number released since 1990 to
around 965 persons.  Many had been held incommunicado without
knowing the charges against them; some, including at least five
of those released in 1994, had been held for over 2 years.  The
authorities require many of those released to report back at
regular intervals.  Three other Acehnese convicted previously
of subversion were released in 1994 after serving two-thirds of
their sentences.  The decline in armed separatist activity led
to fewer detentions, and fewer than 100 Acehnese were believed
to be in detention without trial at year's end.  An additional
five persons were sentenced for subversion in Aceh in 1994, and
the trials of five others on charges of subversion and
narcotics smuggling were scheduled to begin in mid-December.
In East Timor military authorities continued the practice of
detaining people without charges for short periods and then
requiring them to report daily or weekly to police after their
release.  Three East Timorese students detained by police in
August for bringing forbidden books and foreign items into the
province were released, but two of them are required to report
to the authorities.  Six East Timorese who received lengthy
sentences in connection with the November 1991 shootings in
Dili were transferred to the maximum security prison in
Semarang without prior notice to their families or humanitarian
organizations, and their whereabouts were unknown for several
days.  Jose Antonio Neves, an acknowledged member of the
clandestine proindependence movement, and in detention since
May, was charged with sedition in September.  His defense
attorney asked for dismissal of the charges, citing procedural
flaws in Neves' arrest.  They also allege that police denied
him access to legal representation for the first 2 months of
his detention.  Around 100 people were arrested during
demonstrations and outbreaks of violence in Dili around the
time of the November APEC meetings.  Some remained in custody
at year's end.
     e.  Denial of Fair Public Trial
The Constitution stipulates the independence of the judiciary,
but in practice the judiciary is subordinated to the executive
and the military, and in many cases procedural protections,
including those against coerced confessions, are inadequate to
ensure a fair trial.  A quadripartite judiciary of general,
religious, military, and administrative courts exists below the
Supreme Court.  The right of appeal from district court to high
court to Supreme Court exists in all four systems of justice.
The Supreme Court does not consider factual aspects of a case,
only the lower courts' application of law.  A three-judge panel
conducts trials at the district court level, poses questions,
hears evidence, decides guilt or innocence, and assesses
punishment.  Initial judgments are rarely reversed in the
appeals process, although sentences are sometimes increased or
reduced (both the defense and the prosecution may appeal).  In
1994 for example, the 4-year sentence of a student tried in
Jakarta for insulting the President in leaflets he distributed
near the Parliament in November 1993 was increased to 5 years
upon appeal of the prosecutor.  The relatively light (6 months)
sentences of 21 other students who were also convicted of
insulting the President during demonstrations at Parliament in
December 1993 were increased to between 8 and 14 months
following appeal by the prosecutor.  In August the Supreme
Court ordered the release of those among the 21 students whose
sentences had been raised to 8 months when they were still
being held a week following completion of their sentences.
Defendants have the right to confront witnesses and to produce
witnesses in their defense.  An exception is allowed in cases
in which distance or expense is deemed excessive for
transporting witnesses to court.  In such cases, sworn
affidavits may be introduced.  However, the Criminal Procedures
Code does not provide for witnesses' immunity or for compulsory
process of defense witnesses.  As a result, witnesses are
sometimes too afraid of retribution to testify against the
authorities.
In cases tried under the 1963 Antisubversion Law, trials in
absentia are permitted and public access generally requires
advance approval by the military.  The courts commonly allow
forced confessions and limit the presentation of defense
evidence.  For example, the court trying the suspects in the
Marsinah murder admitted their confessions into evidence and
convicted them of the murder, even though the defendants
claimed that their confessions had been obtained by coercion
and torture.  The court allowed defense attorneys for the
student mentioned above whose sentence was raised to 5 years on
appeal, to call only one out of 17 witnesses they wished to
present.  Mochtar Pakpahan was not allowed to call expert legal
witnesses in his defense (see Section 6).  Defendants do not
have the right to remain silent and can be compelled to testify
in their own trials.
The Criminal Procedures Code gives defendants the right to an
attorney from the moment of their arrest through the
investigation and trial.  The law requires that a lawyer must
be appointed in capital cases and those involving a prison
sentence of 15 years or more.  In cases involving potential
sentences of 5 years or more, a lawyer must be appointed if the
defendant desires an attorney and is indigent.  In theory
destitute defendants may obtain private legal help, such as
that provided by the Legal Aid Institute.  In practice,
however, defendants are often persuaded not to hire an
attorney, or access to an attorney of their choice is impeded.
The authorities reportedly pressured several defendants tried
in Medan on charges stemming from labor unrest in April, which
turned into anti-Chinese riots, to decline attorneys, while
some attorneys involved in the cases were subjected to official
harassment of various kinds.  Five East Timorese sentenced to
20 months imprisonment for publicly expressing anti-Indonesian
sentiments during a banner-waving incident in the presence of
foreign journalists were not represented by counsel.
Authorities claim they declined the right to counsel, while
nongovernmental sources indicated access to counsel was
impeded, and that the defense lawyers were not notified in
advance of their appearance in court that sentencing was to
begin.
The Supreme Court theoretically stands coequal with the
executive and legislative branches, but it does not have the
right of judicial review over laws passed by Parliament.  The
Supreme Court has not yet exercised its power (held since 1985)
to review ministerial decrees and regulations.  In 1993 Chief
Justice Purwoto Gandasubrata laid out judicial procedures for
limited judicial review, and some cases of this kind were
initiated in 1994.  Judges are civil servants employed by the
executive branch, which controls their assignments, pay, and
promotion.  They are subject to considerable pressure from
military and other governmental authorities.  Such control
often determines the outcome of a case.  Corruption permeates
the legal system.  In civil and criminal cases, the payment of
bribes can influence prosecution, conviction, and sentencing.
To address this problem, the Government announced that the
salaries of judges would be doubled as of January 1, 1995.
The Supreme Court bowed to government pressure in a
longstanding land dispute between the central Java government
and 34 farmers who had been forced to sell their land for the
construction of the Kedungombo dam, a development project
funded by the World Bank.  The villagers sued for increased
compensation.  The Supreme Court initially overturned decisions
of both the Semarang district court and the central Java high
court in favor of the Government, awarding the plaintiffs even
greater compensation than they had sought, including
"nonmaterial losses."  However, the Supreme Court later
reversed its own ruling after the Government refused to accept
it and asked the Court to review it again.
In an unusual move in November, the East Java High Court
overturned the conviction of the reputed mastermind of the
Marsinah murder for insufficient evidence.  The Government has
appealed the decision to the Supreme Court despite provisions
of the Criminal Code which disallow an appeal in such
circumstances.
For the fourth consecutive year, there was a decline in the
number of persons prosecuted under the 1963 Antisubversion Law,
which carries a maximum penalty of death.  The authorities
tried at least five persons in 1994 under the Law for
subversion in Aceh and sentenced them to from 19 to 20 years'
imprisonment.  The Antisubversion Law makes it a crime to
engage in acts that could distort, undermine, or deviate from
the state ideology or broad outlines of state policy, or which
could disseminate feelings of hostility or arouse hostility,
disturbances, or anxiety among the population.  The excessively
vague language makes it possible to prosecute people merely for
peaceful expression of views contrary to those of the
Government.
The Government does not make available statistics on the number
of people currently serving subversion sentences or sentences
classified as felonies under the so-called Hate-Sowing or
Sedition laws.  Informed sources estimate the number of people
serving sentences for subversion in 1994, including members of
the banned Communist Party of Indonesia (PKI), Muslim
militants, and those convicted of subversion in Irian Jaya,
Aceh, and East Timor, at around 300.  Scores, and possibly
hundreds, more were believed to be serving sentences under the
Hate-Sowing or Sedition laws.  Some of these persons advocated
or employed violence, but many are political prisoners who were
convicted for attempting to exercise such universally
recognized human rights as freedom of speech or association or
who were convicted in manifestly unfair trials.  Six prisoners
convicted of subversion remained under death sentence.  Five of
these were associated with the Indonesian Communist party, are
78 or more years old, and have been imprisoned for 29 years.
In June two students convicted of subversion in 1993 for
possessing banned literature and participating in illegal
discussion groups were granted conditional release after
serving two-thirds of their sentences.  Three alleged members
of Aceh Merdeka convicted of subversion were released after
serving lengthy sentences.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Judicial warrants for searches are required except for cases
involving suspected subversion, economic crimes, and
corruption.  However, security agencies regularly make forced
or surreptitious entries.  They also intimidate by surveillance
of persons and residences and selective monitoring of local and
international telephone calls without legal restraint.
Government security officials monitor the movements and
activities of former members of the PKI and its front
organizations, especially persons the Government believes were
involved in the abortive 1965 Communist-backed coup.  The
Government stated in late 1990 that this latter group then
totaled 1,410,333 people.  These persons and their relatives
sometimes are subject to surveillance, required check-ins,
periodic indoctrination, and restrictions on travel outside
their city of residence.  Their legally required identification
cards carry the initials "E.T." which stand for "Ex-Tapol," or
former political prisoner, which readily identifies them to
prospective employers or government officials.
The Government's transmigration program which moved large
numbers of people from overpopulated islands to more isolated
and backward ones has been criticized by nongovernmental human
rights monitors.  They say that it not only violates the rights
of indigenous people but also those of the transmigrants,
claiming that they are frequently duped into leaving their home
villages without any means of return (see Section 5.).
INDONESI2
mTITLE:  INDONESIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The trend toward greater openness and freedom of expression in
the press, which began in 1993 and continued through the first
half of 1994, suffered a serious setback on June 21 when the
Government revoked the publishing permits of three of
Indonesia's best known weekly publications:  Tempo, Detik, and
Editor.  Tempo was the nation's most influential newsmagazine,
founded in 1971 and widely respected for the breadth and depth
of its coverage.  Detik was a hard-hitting tabloid specializing
in political affairs and social issues.  Editor was a respected
voice on public affairs.  The official reasons given for
revocation of the licenses were that Tempo had endangered
national security through its reporting, and that the other two
had committed administrative violations.  It is widely
believed, however, that reporting of alleged differences in the
Cabinet over a controversial military procurement issue was the
proximate cause of the Government's action.
Although the Constitution and the 1982 Press Law provide for
freedom of the press, the issuance of publishing licenses under
a 1984 ministerial decree is one method the Government uses to
control the press.  Three other publications had their licenses
revoked in the last decade, although two later reappeared with
new names and changes in top management.  In December Minister
of Information Harmoko stated that the Government would issue
no new press licenses during 1995 for publications on current
affairs, and he said there was no chance that the majority
group of journalists from the former Tempo magazine would be
issued a press permit to found a successor publication; rather,
the Minister noted that a press permit had already been issued
to a smaller group of former Tempo employees.  Other means of
control include regulation of the amount of advertising
permitted and of the number of pages allowed in newspapers.
The practice of telephoning editors to caution against
publishing certain stories--the so-called telephone
culture--continued, and its incidence seemed to increase
following the action against the three publications in June.
Self-censorship continued to be another publicly acknowledged
brake on free expression whose effectiveness increased after
June.
Military and civilian authorities continued in some cases to
issue instructions, more or less subtle, to local journalists
on what they could print.  For example, after extensive
coverage of the April strikes and riots, press coverage of
labor issues dropped markedly in Medan following directives
from authorities to cut back on controversial issues.  In
Jakarta, papers were warned against covering topics ranging
from the prolonged summer drought to the ban of the three
publications.  Medan police tried to curb foreign coverage of
the April disturbances by insisting on special permits from the
ministry of information, and at least two foreign reporters
were forced to leave the city.  The staff of East Timor's only
newspaper were subject to various forms of intimidation by
unknown sources, and a newspaper-owned vehicle was burned and
heavily damaged following the newspaper's coverage of a
mid-July demonstration which was at variance with the official
account.
The Government's actions against press freedom in 1994 limited
the increasingly vocal and independent press that has emerged
in recent years.  Although protest demonstrations dwindled
following the harsh government reaction against some
demonstrators, active opposition to the new government press
measures continued in other channels.  A number of unsanctioned
journals continued to provide critical coverage of
controversial issues, but they were circulated in small numbers
largely in major cities.  In August, 55 journalists founded the
Alliance of Independent Journalists, rivaling the
government-sponsored Indonesian Journalists Association (PWI),
to work for freedom of expression and oppose any form of
censorship and interference in press freedom.  In September the
former chief editor of Tempo brought a lawsuit in Jakarta
administrative court against the Minister of Information over
the revocation of Tempo's license, the first ever such
lawsuit.  At year's end, this suit was still not decided.  In
October most of the editorial staff of Detik joined the staff
of the existing publication Symphony and revamped it to
resemble Detik.  However, publication was suspended after only
a few days when the PWI withdrew its legally required approval,
thus jeopardizing Symphony's own publication license.
While public dialog is still freer than it was a few years ago,
the Government continues to impose restrictions on free
speech.  For example, on August 29 security forces prohibited
noted human rights activist Adnan Buyung Nasution from
addressing a seminar on development in Indonesian society in
Surabaya.  The Government also prevented several other public
figures, including members of the National Human Rights
Commission, from participating in public seminars on one or
more occasions.  Authorities often capriciously applied these
strictures without clear justification for the prohibition.  In
East Timor authorities denied permission for NGO's and the
local university to hold an open seminar on development and the
local environment.  In February authorities in East Java banned
the performance in Surabaya of a play by well-known author Emha
Ainun Nadjib, which was critical of government land policies in
development cases.  Subsequently the authorities allowed
performance of the play, which had been previously performed in
Jogjakarta.  Two U.S. movies were banned following protest by
Islamic religious leaders.  However, a play about the
controversial murder of labor activist Marsinah was staged in
Jakarta in September.
The electronic media remained more cautious in their coverage
of the Government than the printed media.  The Government
operates the nationwide television network, which has 12
regional stations.  Private television companies continued to
expand, with a fifth station scheduled to begin operation in
November.  All are required to broadcast government-produced
news, but many also produce public affairs style programming
that borders on news.
Approximately 600 private radio broadcasting companies exist in
addition to the Government's national radio network.  The
government radio station produces "National News," which is by
law the only radio news broadcast in Indonesia, and it is
relayed throughout the country by the private stations and 49
regional affiliates of the government station.  By law, the
private radio stations may produce only "light" news, such as
human interest stories, and may not discuss politics.  In
practice, many broadcast interviews and foreign news as well.
Foreign television and radio broadcasts are readily accessible
to those who can afford the technology, and satellite dishes
have proliferated throughout the country.  The Government makes
no efforts to restrict access to this programming.
The Government closely regulates access to Indonesia,
particularly to certain areas of the country, by visiting and
resident foreign correspondents, and occasionally reminds the
latter of its prerogative to deny requests for visa
extensions.  The Government requires a permit for the
importation of foreign publications and video tapes, which must
be reviewed by government censors.  Importers sometimes avoid
foreign materials critical of the Government or dealing with
topics considered sensitive, such as human rights.  Foreign
publications are normally available, although several issues
were delayed or embargoed in 1994 when they carried stories on
matters considered sensitive, such as East Timor.
Special permission is necessary for foreign journalists to
travel to East Timor, and the Government organized a number of
group trips to the province during the year.  Approval for
individual trips by journalists to the province, and for travel
outside Dili, remains difficult.  During the November APEC
meetings, the Government approved travel to the province by
several dozen foreign journalists, the largest number to visit
the province in many years.  Some six journalists and
freelancers who had not obtained permits were denied access to
the province or instructed by authorities to leave East Timor.
While the law provides for academic freedom, constraints exist
on the activities of scholars.  Political activity and
discussions at universities, while no longer formally banned,
remained tightly controlled.  Scholars sometimes refrain from
producing or including in lectures and class discussions
materials that they believe might provoke government
displeasure.  An Indonesian academic who has conducted studies
on East Timor and whose conclusions are at variance with those
of the Government was strongly criticized by government figures
and his house stoned by unknown youths.  Publishers sometimes
refuse to accept manuscripts dealing with controversial
issues.  On occasion the Government bans publications and books
outright.  In January it banned a book dealing with President
Soeharto's rise to power, and in August, the Attorney General
banned a book published by the leader of the messianic Islamic
sect Darul Arqam, the third book of this group to be banned in
Indonesia.  On the other hand, "The Fugitive," a book by the
prominent Indonesian novelist and former political prisoner
Pramoedya Anata Toer, which together with other works by
Pramoedya had been banned for many years, was published in
August.
     b.  Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly and
association, the Government places significant controls on the
exercise of this right.  All organizations must have government
permission to hold regional and national meetings.  Public
marches and demonstrations also require permits, which are
frequently not granted.  During the year, government and
military authorities returned to a more restrictive policy on
authorizing public protest demonstrations, after loosening such
restrictions for a while during the latter half of 1993.  Many
jurisdictions often require prior approval for smaller
gatherings as well.  While obtaining such approval is usually
routine, the authorities occasionally withhold permission or
break up peaceful gatherings for which no permit has been
obtained.  In 1994 authorities broke up a meeting between an
attorney and his clients in a labor compensation case, and a
public seminar on land issues which was sponsored by a
well-known NGO.
The courts sometimes hand out stiff penalties to persons
convicted in cases involving free expression, as in the two
cases of student demonstrators (mentioned in Section l.e.
above), whose sentences were increased on appeal, while at
other times they are more lenient.  On June 27, security forces
violently broke up two peaceful marches on the Ministry of
Information by persons protesting the withdrawal of publication
licenses from the three publications mentioned above.
Approximately 30 persons were detained by the authorities and
several demonstrators were injured.  The Jakarta central
district court sentenced all but one of the persons arrested on
the day after their arrest for demonstrating without a permit,
and they were released after paying a nominal fine equivalent
to $1.  The remaining person, a parolee, was returned to prison
to finish his sentence.  On July 7, police entered the compound
of the Legal Aid Society, a prominent Indonesian human rights
NGO, and arrested 41 hunger strikers who were protesting the
media banning.  These demonstrators, too, were sentenced to pay
token fines and released after 2 days.  Other demonstrations on
this issue during this period were allowed to take place
without incident, such as a July 5 demonstration of journalists
in Jakarta.
A group of several hundred people, who had assembled at the
University of East Timor wishing to march to the provincial
assembly to air their views about an incident of alleged
religious disrespect the previous day, were dispersed by riot
police who refused to let the march proceed without a permit.
Around a dozen individuals were lightly injured in this
incident, and a number were briefly detained.  The authorities
showed greater restraint than in past incidents involving
crowds, using police rather than the army and avoiding the use
of firearms.
The 1985 Social Organizations Law (ORMAS) requires the
adherence of all organizations, including recognized religions
and associations, to the official ideology of Pancasila.  This
provision, which limits political activity, is widely
understood as designed to inhibit activities of groups seeking
to make Indonesia an Islamic state.  The law empowers the
Government to disband any organization it believes to be acting
against Pancasila and requires prior government approval for
any organization's acceptance of funds from foreign donors,
thereby hindering the work of many local humanitarian
organizations.  Nevertheless, a significant number of
organizations, including the independent labor organization
Serikat Buruh Sejahtera Indonesia (SBSI), continue to be active
without official recognition under this law (see Section 6).
In the past few years, NGO's have proliferated in such fields
as human rights, the environment, development, and consumer
protection.  In late 1994, the Government prepared a draft
presidential decree that would bring the more than 700 NGO's
under controls similar to the ORMAS Law.  The draft decree made
available by the Government for comment indicated that NGO's
would have to receive government approval for the use of any
foreign assistance they accept, and such assistance must be
deemed consistent with national development policy and not
detrimental to national interests.  NGO's would also be
prohibited from engaging in political activity and would
receive government guidance on fulfilling their declared
functions.  Many NGO's, fearing that the proposed new decree is
an effort by the Government to control their organizations or
curb some of their activities, reacted strongly to the draft
which, at year's end, the Government had not yet put into
effect.
     c.  Freedom of Religion
The Constitution provides for religious freedom and belief in
one Supreme God.  The Government recognizes Islam,
Christianity, Buddhism, and Hinduism, and permits practice of
the mystical, traditional beliefs of "Aliran Kepercayaan."
Although the population is overwhelmingly Muslim, the practice
and teachings of the other recognized religions are generally
respected, and the Government actively promotes mutual
tolerance and harmony among them.  Some restrictions on certain
types of religious activity exist (see below).
Because the first tenet of Pancasila is belief in a supreme
being, atheism is forbidden.  The legal requirement to adhere
to Pancasila extends to all religious and secular
organizations.  The Government strongly opposes Muslim groups
which advocate establishing an Islamic state or acknowledging
only Islamic law.  There are government procedures for banning
religious sects in Indonesia.  Among those prohibited are
Jehovah's Witnesses and Baha'i.  In 1994 the Government banned
the messianic Islamic sect Darul Arqam in a number of
provinces, prohibited three of its books, and in August forbade
its leader, Abuya Sheikh Imam Ashaari Muhammad, from entering
Indonesia.
Violence between rival factions in the Huria Kristen Batak
Protestan (HKBP), Indonesia's largest Protestant church,
continued in north Sumatra throughout 1994, with at least six
fatalities.  In early 1993, citing a threat to civil order, the
Northern Sumatra regional military commander intervened in an
internal leadership dispute which broke out within the HKBP the
previous year, appointing a new bishop and helping the new
bishop's supporters take over church property.  Civilian and
military authorities have called the dispute an internal church
matter that should be resolved by the HKBP members themselves.
To date, however, only supporters of the former bishop have
been prosecuted for acts of violence despite evidence that
members of the opposing faction engaged in violent acts as
well.
There were widespread reports from religious minorities
indicating that the extent of religious tolerance weakened
somewhat during the year and that they felt less free to carry
out their religious activities unimpeded.  High-level
officials, including the President, however, spoke out several
times to emphasize the importance of religious tolerance.  Two
army privates accused of provocative behavior during a Catholic
mass in East Timor in June were court-martialed.  In October
both were expelled from the army, and received prison sentences
of 2, and 2 and 1/2 years respectively.  The law allows
conversion between faiths, and such conversions occur.
Marriages between persons of different religions are allowed.
The Government views proselytizing by the recognized religions
in areas heavily dominated by one recognized religion or
another as potentially disruptive and discourages it.  Foreign
missionary activities are relatively unimpeded, although in
East Timor and occasionally elsewhere missionaries have
experienced difficulties and delays in renewing residence
permits, and visas allowing the entrance of new foreign clergy
are difficult to obtain.  Laws and decrees from the 1970's
limit the number of years foreign missionaries can spend in
Indonesia, with some extensions granted in remote areas like
Irian Jaya.  Foreign missionary work is subject to the funding
stipulations of the ORMAS Law (see Section 2.b.).  Indonesians
practicing the recognized religions maintain active links with
coreligionists inside and outside Indonesia and travel abroad
for religious gatherings.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
In 1993 the Government drastically reduced the number of people
barred either from entering or departing Indonesia from a
publicly announced figure of 8,897 "blacklisted" people in
January to a few hundred by August.  According to government
authorities, no one is now prohibited for political reasons
from leaving the country.  However, the Government restricts
movement by Indonesian and foreign citizens to and within parts
of Indonesia.  In addition, it requires permits to seek work in
a new location in certain areas, primarily to control further
population movement to crowded cities, and special permits are
required to visit certain parts of Irian Jaya.  The military
carried out security checks affecting transportation and travel
to and within East Timor sporadically in 1994, and it
occasional imposed curfews in connection with military
operations.  The authorities require former political
detainees, including those associated with the abortive 1965
coup, to give notice of their movements and to have official
permission (see Section l.f.) to change their place of
residence.
In past years the Government admitted large numbers of asylum
seekers from Indochina.  Only a relatively small number now
remain and the Government plans to work with Vietnam under a
tripartite Memorandum of Understanding signed in 1993 with the
United Nations High commissioner for Refugees (UNHCR) to
peacefully repatriate the remaining asylees to Vietnam.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the ability to change their government
through democratic means.  The 1,000-member People's
Consultative Assembly (MPR), which is constitutionally the
highest authority of the State and meets every 5 years to elect
the President and Vice President and set the broad outlines of
state policy, is controlled by the Government through the
appointment of half its membership.  The remaining half come
from the National Parliament (DPR), 80 percent of whose members
are elected.  In 1993 the MPR elected Soeharto to his sixth
uncontested 5-year term as President.  Legally, the President
is constitutionally subordinate to the Parliament, but actually
he and a small group of active duty and retired military
officers and civilian officials exercise governmental
authority.
Under a doctrine known as "dual function," the military assumes
a significant sociopolitical as well as a security role.
Members of the military are allotted an unelected 20 percent of
the seats in national, provincial, and district parliaments,
and occupy numerous key positions in the administration.  The
other 80 percent of national and local parliamentary seats are
filled through elections held every 5 years.  All adult
citizens are eligible to vote, except active duty members of
the armed forces, convicted criminals serving prison sentences,
and some 36,000 former PKI members.  Voters choose by secret
ballot between the three government-approved political
organizations, which field candidate lists in each electoral
district.  Those lists must be screened by BAKORSTANAS (see
Section l.d.), which determines whether candidates were
involved in the abortive 1965 Communist coup or pose other
broadly defined security risks.  Critics charge these
screenings are unconstitutional, since there is no way to
appeal the results, and note that they can be used to eliminate
critics of the Government from Parliament.
Strict rules establish the length of political campaigns,
access to electronic media, schedules for public appearances,
and the political symbols that can be used.  The Government
permits only three political organizations to exist and contest
elections.  The largest and most important of these is GOLKAR,
a government-sponsored organization of diverse functional
groups which won 68 percent of the seats in the 1992
elections.  The President strongly influences the selection of
the leaders of GOLKAR.  The other two small political
organizations, the Unity Development Party (PPP) and the
Democratic Party of Indonesia (PDI), split the remaining vote.
The law requires all three political organizations to embrace
Pancasila, and none of the organizations is considered an
opposition party.  Government authorities closely scrutinize
and often guide their activities.  Members of the DPR and the
provincial assemblies may be recalled from office by party
leaders.
GOLKAR maintains close institutional links with the armed
forces and KORPRI, the association to which all civil servants
automatically belong.  Civil servants may join any of the
political parties with official permission, but most are
members of GOLKAR.  Former members of the PKI and some other
banned parties may not run for office or be active
politically.  The DPR considers bills presented to it by
government departments and agencies but does not draft laws on
its own, although it has the constitutional right to do so.
The DPR makes technical and occasionally substantive
alterations to bills it reviews.  In practice, it remains
clearly subordinate to the executive branch, but recently it
has become much more active in scrutinizing government policy
through hearings at which members of the Cabinet, military
commanders, and other high officials are asked to testify.  For
example, parliamentary examination brought to light a major
scandal in government banks and forced the Government to
address it seriously.  The DPR has also become increasingly a
focal point of appeals and petitions from students, workers,
displaced farmers, and others protesting alleged human rights
abuses and airing other grievances.
While there are no de jure restrictions on women in politics,
only 55 out of 500 members of the national Parliament are
women; 2 women are cabinet members.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While various domestic organizations and persons interested in
human rights operate energetically, some human rights monitors
face government harassment such as frequent visits by police or
agents from military intelligence, interrogations at police
stations, or cancellations of private meetings (see Section
2.b.).  Following the April labor unrest in Medan, local
security authorities increased surveillance and harassment of
NGO's in north Sumatra that were active in labor affairs.
Moreover, the Government prepared in 1994 a draft decree which,
if issued and fully implemented, would give it broad powers to
control the activities of NGO's concerned with human rights and
seriously impede their ability to function.
The Government considers outside investigations of alleged
human rights violations to be interference in its internal
affairs and emphasizes its belief that linking foreign
assistance to human rights observance is unacceptable.  In 1994
it pressured  several neighboring countries to prohibit or
restrict NGO-sponsored human rights seminars on the situation
in East Timor.
The ICRC continued to operate in East Timor, Irian Jaya, and
Aceh, and to visit prisoners convicted of participation in the
abortive, Communist-backed coup in 1965, convicted Muslim
extremists, and East Timorese prisoners.  However, as of year's
end, the Government had not approved the ICRC's request to open
an office in Aceh, though official cooperation on access by its
delegates from Jakarta showed substantial improvement in 1994.
ICRC access also greatly improved in other areas, including
East Timor where it has an office.  The ICRC no longer
maintains an office in Irian Jaya but visits that province from
Jakarta several times a year.  However, in 1994 the visiting
representative of Human Rights Watch/Asia, a key U. S. human
rights NGO, was denied permission to visit Medan and East
Timor.  The Government authorized the visit of the U.N. Special
Rapporteur on Extrajudicial, Summary and Arbitrary Executions
and allowed him to see those persons he had requested.  The
Rapporteur publicly questioned, however, whether all those who
might have wanted to speak with him had been afforded full
access.
In January the National Human Rights Commission, most of whose
members were named the month before, began operations.  Despite
continuing skepticism about the Commission's independence, in
part because its members are appointed by the President,
commission members during the course of the year actively
looked into many of the numerous complaints and petitions
presented to it and in some cases showed themselves willing to
question government actions.  For example, the Commission
strongly condemned the Government's revocation of the
publication licenses of three publications (Section 2.a.) as an
infringement of free speech, and it has criticized the way in
which the suspects in the Marsinah murder case were prosecuted,
as well as questioning whether all the guilty had been brought
to justice.  Lacking enforcement powers, the Commission
attempts to work within the system, sending teams where
necessary to inquire into possible human rights problems and
employing persuasion, publicity, and moral authority to
highlight abuses and encourage corrective action.  A team
visited East Timor in September and December.  Operations in
1994 were hampered somewhat by startup logistical and
procedural problems.
INDONESI3
tTITLE:  INDONESIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
By law, women are equal to and have the same rights,
obligations, and opportunities as men.  However, in practice
women face some legal discrimination.  For example, in divorce
cases women often bear a heavier evidentiary burden than men,
especially in the Islamic-based family court system.  Although
some women enjoy a high degree of economic and social freedom
and occupy important midlevel positions in both the public and
private sectors, the majority of women do not experience such
social and economic freedoms, and are often disproportionately
represented at the lower end of the position scale.  For
example, although women constitute one-quarter of the civil
service, they occupy only a small fraction of the service's top
posts.  Income disparity between men and women diminishes
significantly with greater educational attainment.
Women are often not given the extra benefits and salary that
men receive that is their due when they are the head of
household, and in some cases do not receive employment benefits
for their husband and children, such as medical insurance.
Despite laws guaranteeing women a 3-month maternity leave, the
Government has conceded that pregnant women are often dismissed
or are replaced while on leave.  Some companies require that
women sign statements that they will not become pregnant.
Women workers also have complained of being sexually victimized
by foremen and factory owners.
Women workers in manufacturing generally receive lower wages
than men and also are more likely to be hired on a daily only
basis.  As a result, they are less likely to receive benefits
legally mandated for permanent workers.
Women disproportionately experience illiteracy, poor health,
and inadequate nutrition.  However, women's educational
indicators have improved in the last decade.  For example, the
number of girls graduating from high school tripled from 1980
to 1990.  Several voluntary, private groups work actively to
advance women's legal, economic, social, and political rights
and claim some success in gaining official cognizance of
women's concerns.
Rape is a punishable offense in Indonesia.  Men have been
arrested and sentenced for rape and attempted rape.  The
National Police reported 1,341 rape cases for 1991, 1,356 cases
for 1992, and 1,341 cases for 1993.  However, women's rights
activists believe rape is grossly underreported owing to the
social stigma attached to the victim.  Some legal experts state
that if a woman does not go immediately to the hospital for a
physical exam which produces semen or other physical evidence
of rape, she will not be able to bring charges.  Some women
fail to report rape to police out of fear of being molested
again by the police themselves."
In general, the problem of violence against women remains
poorly documented.  However, the Government has acknowledged
the problem of domestic violence in society, which some say has
been aggravated by recent social changes brought about by rapid
urbanization.  Longstanding traditional beliefs that the
husband may "teach" or "control" the wife through several
means, including violence, also contribute to the problem.
Although women's groups are trying to change the law, rape by a
husband of a wife is not a crime in Indonesia.  While police
could bring assault charges against a husband for beating his
wife, due to social attitudes they are unlikely to do so.  The
Government provides some counseling, and several private
organizations exist to assist women.  Many of these
organizations focus mainly on reuniting the family rather than
on providing protection to the women involved.  There are no
battered women's shelters.  Many women rely on extended family
systems for assistance in cases of domestic violence.
     Children
The Government is committed to children's rights and welfare,
but is hampered by a lack of resources in translating this
commitment into practice.  A 1979 law on children's welfare
defines the responsibility of the State and parents to nurture
and protect children.  However, implementing regulations have
never been developed, and the law's provisions have yet to go
into effect.  The Government has made particular efforts to
improve primary education, maternity services, and family
planning.
The United Nations Children's Fund (UNICEF) estimates that more
than 1 million children drop out of primary school every year
due mainly to the cost of supplies, uniforms and other
expenses, in addition to the professed need for the children to
supplement family income.  Thousands of street children living
in Jakarta and other cities sell newspapers, shine shoes, help
to park or watch cars, and otherwise earn money.  Many
thousands more work in factories and fields (see also Section
6.d.).  NGO's criticize government efforts to help these
children as inadequate.
Child prostitution and other sexual abuses occur, especially
cases of incest between stepfathers and stepdaughters, but data
on their incidence is lacking.  Some child care experts believe
it to be low.  While there are laws designed to protect
children from indecent activities, prostitution, and incest,
the Government has made no special enforcement efforts in these
areas.
Female genital mutilation (FGM) occurs in some parts of
Indonesia; precise statistics are not available.  In Java, it
usually takes place within the first year after birth and is
performed either at a hospital or by a local traditional
practitioner or "dukun," especially in rural areas.  Usually a
small section of the tip of the clitoris is cut or a small
incision is made in the tip of the clitoris with the purpose of
drawing a few drops of blood.  Total removal of the clitoris is
not the objective of the practice, although it does occur if
ineptly performed.
     Indigenous People
The Government states publicly that it recognizes the existence
of several indigenous population groups, and that they have a
right to participate fully in political and social life.
Critics maintain that the Government's approach is basically
paternalistic and designed more to integrate them more closely
into Indonesian society than to protect their traditional way
of life.
The Government's transmigration program, which moved large
numbers of people from overpopulated islands to more isolated
and backward ones, has been significantly reduced in recent
years.  The program is criticized by human rights monitors who
say that it not only sometimes violates the rights of
indigenous people but also those of some of the transmigrants
who claim that they are duped into leaving their home villages
without any means of return.
Human rights monitors have expressed concern about the
practices of some logging companies which recruit indigenous
people for work.  According to Human Rights Watch, this
activity in Irian Jaya has separated these people from their
traditional economies.  Workers reportedly are paid using
company-issued credit cards that can be used only at company
stores where prices are fixed.  Workers go into debt and remain
indentured to the company.
Where indigenous people clash with development projects, the
developers almost always win.  For example, in Kalimantan
members of a Dayak tribe were forced from their land by a
timber concession in August.  In retaliation, they attacked
company facilities and several were subsequently arrested.
Most civil servants in local governments in Irian Jaya and
other isolated areas continue to come primarily from Java
rather than the indigenous population.
     National/Racial/Ethnic Minorities
Indonesians exhibit considerable racial and ethnic tolerance,
with the important exception of official and informal
discrimination against ethnic Chinese, who comprise about 3
percent of the population.  Since 1959 noncitizen ethnic
Chinese have been denied the right to run businesses in rural
Indonesia.  Regulations prohibit the operation of all Chinese
schools for ethnic Chinese, formation of exclusively Chinese
cultural groups or trade associations, and public display of
Chinese characters.  In August the ban on use of Chinese
characters was eased slightly to allow firms working in the
tourist industry to produce Chinese-language brochures,
programs, and similar material for Chinese-speaking tourists.
However, Chinese-language publications, with the exception of
one government-owned daily newspaper, may neither be imported
nor produced domestically.  Private instruction in Chinese is
generally prohibited but takes place to a limited extent, and
since August has been allowed in training employees in the
tourism industry in functional Mandarin.  State universities
have no formal quotas that limit the number of ethnic Chinese.
The law forbids the celebration of the Chinese New Year in
temples or public places, but its enforcement was limited in
1994, and Chinese New Year decorations were displayed in public
shopping areas in major cities.
East Timorese and various human rights groups charge that the
East Timorese are underrepresented in the civil service in East
Timor.  It is difficult to confirm or deny the charges as there
appears to be no registry of the birth place of civil servants,
who can be transferred anywhere.  East Timorese have expressed
concern that the transmigration program could lead to fewer
employment opportunities and might eventually destroy East
Timor's cultural identity.
     People with Disabilities
No national law specifically addresses the problems or status
of the disabled, nor do they receive special programs or
attention.  However, during 1994 the Ministry of Social Welfare
began drafting regulations on treatment of the handicapped
partly based on the Americans with Disabilities Act, and
President Soeharto gave his approval to submission of these new
regulations to the Parliament.  Virtually no public buildings
or public means of transport are designed specifically for
access by the disabled.  They face considerable discrimination
in employment.
The Constitution includes the right of every citizen to obtain
an education.  In 1989 the Government issued regulations
covering education for the mentally and physically disabled.
However, the regulations do not grant a right to public
education for handicapped children.  While there are some
public schools for the handicapped, the Government supports the
concept that education should be provided by the community in
the form of NGO-run private schools that may receive some
public funds.
Section 6  Worker Rights
     a.  The Right of Association
Private sector workers including those in export processing
zones are free to form worker organizations without prior
authorization.  Until 1994 only a recognized union could
bargain on behalf of employees or represent workers in the
Department of Manpower's labor courts.  A new regulation
promulgated in January provides that workers in a single
company with more than 25 employees can join together and
negotiate legally binding agreements with their employer
outside the framework of the All Indonesian Workers Union
(SPSI), the only legally recognized union (see below).  The
Government encourages these plant-level workers associations to
join the SPSI.  While 192 of these plant-level associations
were formed by the end of the year, only one had concluded a
collective bargaining agreement with management.  Current
numerical requirements for union recognition, though lowered in
1993, still constitute a significant barrier to recognition and
the right to engage in collective bargaining.  In addition, the
Ministry of Manpower enforces a regulation that requires a
union be set up "by and for workers" to deny recognition to
groups which include people it considers nonworkers, such as
lawyers or human rights activists, who are involved as labor
organizers.
There is, de facto, a single union system, and it is the
Government's stated policy to seek to improve effectiveness of
the recognized SPSI unions rather than to further the process
for the formation of alternative organizations.  The SPSI began
in 1993 a transformation from a unitary (centralized) to a
federative (decentralized) structure.  Its 13 industrial
sectors are now registered as independent unions.  The only
unions recognized by the Department of Manpower are those which
previously constituted the SPSI's industrial sectors.
Two other labor groups, Setia Kawan (Solidarity), also known as
Serikat Buruh Merdeka (SBM, Free Trade Union), and Serikat
Buruh Sejahtera Indonesia (SBSI, Indonesian Workers Welfare
Union), have been organized but are not registered.  Setia
Kawan, founded 3 years ago, is now essentially moribund.  The
SBSI, created in 1992, claims it has formed the necessary
number of factory-level units to meet the legal requirements
for registration as a labor union, but its most recent request
in November for registration as a trade union was denied.  The
Minister of Manpower has stated that any unions which are
formed should affiliate with the SPSI federation and that the
Government will not recognize any unions outside the
federation.  There have reportedly been tentative overtures to
bring the SBSI into the SPSI.  The SBSI, however, has refused
to accept these offers.
The SBSI also has attempted unsuccessfully three times to
register with the Department of Home Affairs as a social
organization under the ORMAS Law, a prerequisite to recognition
as a labor union.  The Home Affairs Department had not replied
at year's end to SBSI's most recent request of November 17.
The Government considers the SBSI illegal.  Although the
Government has not disbanded it, it has continually harassed
it, especially after large-scale labor demonstrations, which
the SBSI helped to organize in Medan in April, degenerated into
anti-Chinese rioting.  The Government arrested a number of the
Medan SBSI leadership in the spring, and it arrested the
National Chairman of the SBSI, Muchtar Pakpahan, in August.
They were charged with inciting violence in connection with the
riots.  The Director General of the International Labor
Organization (ILO) sent a strongly worded letter to the
Minister of Manpower expressing "serious concern" over the
arrest of Pakpahan.  The Medan leadership received sentences of
between 3 and 15 months in prison.  In November Pakpahan was
sentenced to a 3-year prison term, a sentence that was extended
to 4 years in January 1995 when his appeal was rejected.  It is
widely believed that the Government's actions against the SBSI
leadership are intended to discredit or destroy the
organization.
Also in November, the ILO's Committee on Freedom of
Association, in its conclusions on the complaint made by the
SBSI against the Government, criticized the Government's policy
of recognizing only the SPSI and commented that "beyond the
specific events raised in the present case, the Committee feels
bound to note that the allegations reveal, from a more general
perspective, a situation of a trade union monopoly in practice,
and of heavy involvement of the police and armed forces in
labor matters," and called on the Government to refrain from
showing favoritism toward, or discrimination against, any
particular unions.
Because of past Ministry of Manpower regulations, many SPSI
factory units are led by persons who have little credibility
with their units' members because they were selected by
employers.  A new regulation states that employees must only
notify their employer that they wish to form a union and that
they may proceed if they do not receive a response from their
employer within 2 weeks.  Despite this new provision, strikes
continue to occur because employers attempt to prevent the
formation of union branches.  These strikes are invariably
successful, and the formation of an SPSI unit follows shortly
thereafter.  However, workers who are active in the formation
of the union are frequently dismissed and have no practical
protection by either law or government practice.
Civil servants are not permitted to join unions and must belong
to KORPRI, a nonunion association whose Central Development
Council is chaired by the Minister of Home Affairs.  State
enterprise employees, defined to include those working in
enterprises in which the State has a 5-percent holding or
greater, usually are required to join KORPRI, but a small
number of state enterprises have SPSI units.  Teachers must
belong to the Teachers' Association (PGRI).  While technically
classed as a union, the PGRI continues to function more as a
welfare organization and does not appear to have engaged in
trade union activities such as collective bargaining.
Unions may draw up their own constitutions and rules and elect
their representatives.  However, the Government has a great
deal of influence over the SPSI and its federated unions.  The
head of the SPSI is a senior member of GOLKAR, and he and two
other senior SPSI officials are members of Parliament
representing GOLKAR.  With one exception, all members of the
executive council are members of GOLKAR.  These persons have
been given positions in the new federated industrial sector
unions.  The Minister of Manpower is a member of the SPSI's
Consultative Council.  Numerous regional SPSI officials also
are GOLKAR members, sometimes serving in regional
legislatures.  According to credible reports, the Government
interferes in the selection of SPSI officers, especially by
placing retired military officers in midlevel SPSI positions.
The Government has stated that it will cease the practice of
placing military officers in union positions and eventually
will remove officials with significant GOLKAR connections.
Under the Criminal Code, police approval is needed for all
meetings of five people or more of all organizations outside
offices or normal work sites.  This provision also applies to
union meetings.  Permission is routinely given to the SPSI but
not to rival organizations such as SBSI, which was prevented
from holding several meetings over the last few years,
including its first congress in 1993.  The Government may
dissolve a union if it believes the union is acting against
Pancasila, although it has never actually done so, and there
are no laws or regulations specifying procedures for union
dissolution.
The SPSI maintains international contacts but is not affiliated
with any international trade union organizations except the
association of Southeast Asian nations (ASEAN) Trade Union
Council.
On April 20 the International Confederation of Free Trade
Unions lodged a formal complaint against Indonesia with the
International Labor Organization (ILO), supplementing a
previous complaint filed in 1987, accusing the Government of
denying workers' right to set up unions of their own choosing,
harassing independent workers' organizations, and of taking
other actions contrary to ILO standards on freedom of
association and the right to collective bargaining.
While Pancasila principles call for labor-management
differences to be settled by consensus, all organized workers
except civil servants have the legal right to strike.  While
state enterprise employees and teachers rarely exercise this
right, private sector strikes are frequent.  Before a strike
can occur in the private sector, the law requires intensive
mediation by the Department of Manpower and prior notice of the
intent to strike.  However, no approval is required.  In
practice, dispute settlement procedures are not followed, and
formal notice of the intent to strike is rarely given because
Department of Manpower procedures are slow.  These procedures
have little credibility with workers, who ignore them.  Sudden
strikes, therefore, tend to result from longstanding grievances
or recognition that legally mandated benefits or rights are not
being received.  While strike leaders are not arrested for
illegal strikes, they often lose their jobs and have no legal
recourse for reinstatement.  The number of strikes increased
significantly during 1994 compared to the previous year, with
the most dramatic increases occurring in the first quarter of
the year.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is provided for by law, and the
Department of Manpower promotes it within the context of the
national ideology, Pancasila.  Until recently only recognized
trade unions, that is, the SPSI and its components, could
legally engage in collective bargaining.  As noted, new
government regulations also permit unaffiliated plant-level
workers associations to conclude legally binding agreements
with employers, though only one had done so by year's end.
Agreements concluded by any other groups are not considered
legally binding and are not registered by the Department of
Manpower.
The majority of the collective bargaining agreements between
the SPSI units and employers are negotiated bilaterally.  Once
notified that 25 employees have joined a registered SPSI or
independent plant level union, an employer is obligated to
bargain with it.  In companies without unions, the Government
discourages workers from utilizing outside assistance, e.g.,
during consultations with employers over company regulations.
Instead, the Department of Manpower prefers that workers seek
its assistance and believes that its role is to protect
workers.  There are credible reports that for some Indonesian
companies, consultations are perfunctory at best and usually
with management-selected workers; there are also credible
reports to the contrary from U.S. companies.  Over half of the
factory-level SPSI units have collective bargaining
agreements.  The degree to which these agreements are freely
negotiated between unions and management without government
interference varies.  By regulation, negotiations must be
concluded within 30 days or be submitted to the Department of
Manpower for mediation and conciliation or arbitration.  Most
negotiations are concluded within the 30-day period.
Agreements are for 2 years and can be extended for 1 year.
According to NGO's involved in labor issues, the provisions of
these agreements rarely go beyond the legal minimum standards
established by the Government, and the agreements are often
merely presented to worker representatives for signing rather
than being negotiated.
Although government regulations prohibit employers from
discriminating or harassing employees because of union
membership, there are credible reports from union officials, of
employer retribution against union organizers, including
firing, which is not effectively prevented or remedied in
practice.  Some employers reportedly have warned their
employees against contact with union organizers from the
unrecognized SBSI organization.  In addition to Marsinah (see
Section 1.e.), several other labor union activists have died
under mysterious circumstances during the past 2 years.  Some
human rights and labor NGO's believe that the authorities have
not adequately investigated these deaths.
Charges of antiunion discrimination are adjudicated by
administrative tribunals.  However, many union members believe
the tribunals generally side with employers.  Because of this
perceived partiality, many workers reject or avoid the
procedure and present their grievances directly to Parliament
and other agencies.  Administrative decisions in favor of
dismissed workers tend to be monetary awards; workers are
rarely reinstated.  The provisions of the law make it difficult
to fire workers, but the law is often ignored in practice.
The armed forces, which include the police, continues to
involve itself in labor issues, despite new regulations
promulgated in January to prohibit military interference when
there is no threat to security.  There is some evidence that
the incidence of such military involvement decreased in 1994,
and some observers credit government security forces with
restraint in restoring order in the Medan riots of April.
However, these perceptions are not shared by all observers.
Workers charge that members of the security forces attempt to
intimidate union organizers and strike leaders and have been
present in significant numbers during some strikes, even when
there has been no destruction of property or other violence.
Members of military intelligence attended and monitored trade
union education seminars run by the Asian-American Free Labor
Institute (AAFLI), even though these programs were approved by
the Department of Manpower.  In 1993 the military command in
Surabaya also halted an AAFLI-SPSI program on legal aid for
industrial disputes approved by the Department of Manpower.  At
year's end the program had not been allowed to resume despite
government assurances.  Military officials occasionally have
been reported present during negotiations between workers and
management.  Their presence has been described as intimidating
by plant-level union officials.  A military officer was among
those convicted in connection with the Marsinah murder case.
Labor law applies equally in export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law forbids forced labor, and the Government generally
enforces it.  NGO reports have alleged that some cases of
forced labor in the form of debt bondage by logging companies
exist in Irian Jaya.  The Government says that it is unable to
verify these allegations because they are insufficiently
specific.  No complaints or information on forced labor in
Irian Jaya had come to the attention of the National Human
Rights Commission as of late September.  (See also Section 5,
Indigenous People.)
     d.  Minimum Age for Employment of Children
Child labor exists in both industrial areas and rural areas.
There are an estimated 2.7 million working children between the
ages of 10 and 14, according to a 1994 report of the U.N. Human
Rights Commission.  Indonesia was one of the first countries to
be selected for participation in the ILO's International
Program on the Elimination of Child Labor (IPEC), and signed a
memorandum of understanding with the ILO to guide their
collaboration under this program on May 29, 1992.
Recommendations for a plan of action were developed at a
national conference in Bogor in July 1993.  During 1994, 120
government labor inspectors received ILO-sponsored training on
child labor matters under the IPEC program.
The Government acknowledges that there is a class of children
who must work for socioeconomic reasons, and in 1987 the
Minister of Manpower issued regulation per-ol/men/1987,
"Protection of Children Forced to Work," to regulate this
situation.  This regulation legalizes the employment of
children under the age of 14 who must work to contribute to the
income of their families.  It requires parental consent,
prohibits dangerous or difficult work, limits work to 4 hours
daily, and requires employers to report the number of children
working under its provisions.  It does not set a minimum age
for children in this category, effectively superseding the
colonial-era government ordinance of December 17, 1925, on
"Measures Limiting Child Labour and Nightwork of Women," which
is still the current law governing child labor and sets a
minimum age of 12 for employment.  The 1987 regulation is not
enforced.  No employers have been taken to court for violating
its restrictions on the nature of employment for children, and
no reports are collected from establishments employing
children.
Act No. 1 of 1951 was intended to bring into force certain
labor measures, including provisions on child labor which would
replace those of the 1925 legislation.  However, implementing
regulations for the child labor provisions have never been
issued.  Thus the child labor provisions in the 1951 Act have
no validity.  In September 1993, the Government announced it
would review its child labor regulations with the intention of
tightening enforcement of restrictions on child labor.  At
year's end, the review had not been completed.
     e.  Acceptable Conditions of Work
In the absence of a national minimum wage, area wage councils
working under the supervision of the national wage council
establish minimum wages for regions and basic needs figures for
each province--a monetary amount considered sufficient to
enable a single worker to meet the basic needs of nutrition,
clothing, and shelter.  While Indonesia has succeeded in
dramatically lowering the level of poverty throughout the
country, the minimum wage rates have lagged behind the basic
needs figures.  Minimum wage rates were raised throughout the
country in three stages by province on January 1, April 1, and
August 1.  While in most cases the new rates still did not
equal the basic needs figure, the Government announced in
August that new increases would take place simultaneously
throughout the country on April 1, 1995.  The Department of
Manpower projects that at that time minimum wage rates on the
average will equal 106 percent of the basic needs figure, up
from 97 percent as of August 1, 1994.  Payment of the minimum
wage is another question.  There are no reliable statistics.
The Government's estimate in September, that 96 percent of all
INDONESI4
    TITLE:  INDONESIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
companies were paying at least the regional minimum wage is
certainly exaggerated; independent observers' estimates range
between 30 and 60 percent.  Government enforcement is weak, and
sanctions are light against employers who fail to pay the
minimum wage.  Nevertheless, as a result of government
pressures, the wave of strikes in the first quarter, and the
Medan riots, some improvement in the situation seems to have
taken place.  Labor law and ministerial regulations provide
workers with a variety of other benefits, such as social
security, and workers in more modern facilities often receive
health benefits and free meals.
The law establishes 7-hour workdays and 40-hour workweeks, with
one 30-minute rest period for each 4 hours of work.  The law
also requires 1 day of rest out of every week.  The daily
overtime rate is 1 1/2 times the normal hourly rate for the
first hour, and twice the hourly rate for additional overtime.
Regulations allow employers to deviate from the normal work
hours upon request to the Minister of Manpower and with the
agreement of the employee.  Observance of laws regulating
benefits and labor standards varies from sector to sector and
by region.  Employer violations of legal requirements are
fairly common and often result in strikes and employee
protests.  The Ministry of Manpower continues publicly to urge
employers to comply with the law.  However, in general,
government enforcement and supervision of labor standards are
weak.
Both law and regulations provide for minimum standards of
industrial health and safety.  In the largely Western-operated
oil sector, safety and health programs function reasonably
well.  However, in the country's 100,000 larger registered
companies in the nonoil sector, the quality of occupational
health and safety programs varies greatly.  The enforcement of
health and safety standards is severely hampered by the limited
number of qualified Department of Manpower inspectors as well
as by the low level of employee appreciation for sound health
and safety practices.  Allegations of corruption on the part of
inspectors are common.  Workers are obligated to report
hazardous working conditions.  Employers are forbidden by law
from retaliating against those who do, but the law is not
effectively enforced.
IRAN1
3e3eTITLE: IRAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             IRAN*
The Islamic Republic of Iran was established in 1979 after a
populist revolution toppled the monarchy.  The Government is
dominated by Shi'a Muslim clergymen and their lay allies.
Ayatollah Ali Khamenei is the Leader of the Islamic Revolution
and functions as the Chief of State.  He is also the
Commander-in-Chief of the Armed Forces.  President Ali Akbar
Hashemi-Rafsanjani, first elected in a popular vote in 1989,
was reelected in 1993.  The Constitution, approved in l980 by
popular referendum and revised in 1989, provides for a 270-seat
unicameral Islamic Consulative Assembly, or Majles.  The
Government seeks to ensure that public policy is consistent
with its view of political and socioreligious values, but
serious factional differences exist within the leadership.  The
Government reinforces its power by arrests, summary trials and
executions, and various forms of intimidation.
Several government agencies are responsible for internal
security, including the Ministry of Intelligence and Security,
the Ministry of Interior, and the Revolutionary Guards, a
military force established after the revolution which is
coequal with the regular military.  These organizations
regularly commit such abuses such arbitrary arrests and torture.
Iran has a mixed economy.  The Government owns the petroleum
and utilities industries and the banks.  Oil exports are the
primary source of foreign exchange.  The economy is still
recovering from the disruptions of the 1979 revolution and the
destruction from the Iran-Iraq war.  Iran remains isolated from
international financial markets.  Economic performance is
adversely affected by corruption and government mismanagement.
Unemployment in 1994 was estimated at 30 percent, and the
annual rate of inflation was about 50 percent.
The Government continues to be a major abuser of human rights.
There was no evidence of improvement in 1994.  In March, the
United Nations Commission on Human Rights (UNHCR) concluded
that the Government's "continuing" abuse of human rights
justifies international scrutiny.  The United Nations extended
for another year the mandate of Reynaldo Galindo Pohl, its
Special Representative on Human Rights in Iran.  Systematic
abuses include arbitrary arrests and detentions, widespread use
*The United States does not have an embassy in Iran.
Accordingly, it draws heavily on non-U.S. Government sources,
of torture, lack of fair trials, summary executions, and
repression of the freedoms of speech, press, and association.
A prominent social critic and historian, Ali Akbar
Saidi-Sirjani, died in detention in November, 10 months after
his arrest on improbable criminal charges.  The Government
claims Saidi-Sirjani died of a heart attack but did not permit
an independent autopsy.  The Government failed to provide
adequate protection for three Evangelical Christian leaders who
were murdered in 1994.  Women face legal and social
discrimination, important worker rights are restricted, and the
Government continues to persecute the adherents of the Baha'i
faith.  There is a lively and open debate on political issues
but the ruling clerics effectively control the electoral
process, thereby denying the people the right to change their
government.  The Government conceals its abuses and obstructs
the activities of human rights monitors.
RESPECT FOR HUMAN RIGHTS
Section 1                    Respect for the Integrity of the
                             Person, Including Freedom from:
    a.   Political and Other Extrajudicial Killing
Given the lack of basic procedural safeguards in political
trials, most of the executions ordered in such cases amount to
summary executions.  The U.N. Special Representative on Human
Rights in Iran has cited the Government's "extensive" use of
the death penalty.  Although the domestic press stopped
reporting most executions in 1992, executions appear to
continue at a rate of several hundred a year.  Exiles and human
rights monitors report that many of those executed for alleged
criminal offenses were actually political dissidents.
On February 25, the Government executed Faizullah Makhubat, 78,
a Jew who had been detained under harsh conditions for 22
months at Evin Prison in Tehran.  A leading member of Iran's
Jewish community, Makhubat was convicted of espionage and
sabotage.  After taking delivery of the body, Makhubat's family
members discovered that the eyes had been gouged out, the teeth
broken, and contusions and bruises covered the body.
In November, Ali Akbar Saidi-Sirjani, a leading intellectual
dissident, died in detention 8 months after his arrest on the
improbable charges of drug trafficking and espionage.
Authorities claimed the cause of death was a heart attack, but
members of Saidi-Sirjani's family maintain that he had no history of
heart disease or drug problems.  The Government did
not allow an independent autopsy.
A best selling author, Saidi-Sirjani was a prominent advocate
of abolishing censorship.  He emphasized Iran's pre-Islamic
tradition of respect for individual rights and of fighting
tyranny.  He was arrested on March 14 with journalist Niazi
Kermani, reportedly because they had published a work
questioning the principles of the 1979 revolution.  Iranian
newspapers published their alleged confessions to crimes of
moral turpitude.
Five members of the outlawed Kurdish Democratic Party of Iran
were reportedly executed in February at Diselabad Prison in
Kermanshah for engaging in unspecified political activity.  The
victims, who were allegedly tortured prior to execution, were:
Hossein Sobhani, Rauf Mohammadi, Bahman Kosravi, Ghaderi
Moradi, and Adel Abdollahi.
Three Evangelical Christian ministers were murdered by unknown
assailants.  The Government had accused them of seeking
converts among Muslims.  The Rev. Mehdi Dibaj, a pastor of the
Assemblies of God church, was arrested in 1993 and sentenced to
death for apostasy.  He was released from prison in January
after his case received international publicity, but was
abducted and murdered.  His body was discovered on a Tehran
street in July.
The Rev. Haik Hovsepian-Mehr, who served as Chairman of the
Council of Protestant Ministers and Secretary General of the
Assemblies of God church, was abducted in February and found
dead a few days later.  Prior to his murder, Rev.
Hovsepian-Mehr reportedly refused to sign a declaration from
the then Ministry of Islamic Guidance stating that Iranian
Christians enjoyed full constitutional rights.  The Rev. Tateos
Michaelian, the pastor of St. John Presbyterian Evangelical
Church in Tehran, and acting chairman of the Council of
Protestant Ministers (a position he assumed after the abduction
of Rev. Hovsepian-Mehr), was abducted in June.  According to
the Government, the Rev. Michaelian's body was discovered in
July, stuffed into a large freezer, with bullet wounds in the
throat and the back of the neck.
In response to an inquiry from the U.N. Special Representative,
the Government in October claimed that the ministers were
murdered by operatives of the Mojahedin-e Khalq, an opposition
group seeking the Government's overthrow.  Although there is no
evidence that the Government was involved in the killings, it
bears responsibility for trying the Rev. Dibaj for apostasy and
fostering an atmosphere of religious intolerance.
In February security forces reportedly killed a number of Sunni
Muslims who staged a demonstration in the city of Zahedan to
protest the Government's destruction of a local mosque.  In
August a large spontaneous demonstration broke out in the city
of Qazvin after the Majles rejected a proposal to designate the
city as a separate province.  The Government dispatched troops
to quell the disturbance, which reportedly attracted up to
100,000 demonstrators.  During their efforts to restore order,
the troops reportedly killed dozens of demonstrators and
wounded hundreds.
The Government continued to assassinate political opponents
abroad.  On January 4, a member of the Revolutionary Command of
the Kurdish Democratic Party of Iran, Taha Kermani, was
assassinated in Corum, Turkey.  Prior to his murder, Mr.
Kermani was designated a refugee by the U.N. High Commissioner
for Refugees (UNHCR).  On March 10, a member of the Kurdish
Democratic Party of Iran was assassinated in Sulaymaniyah,
Iraq.  A member of the Mojahedin-e Khalq, Ahmad Sadi Lahijani,
was assassinated in Ghalebeih, Iraq, on May 29.  On June 24, a
member of the Revolutionary Command of the Kurdish Democratic
Party of Iran, Osman Mohamad Amini, was murdered in his
apartment in Copenhagen.  On November 14, a monarchist
opposition figure, Ali Mohammed Assadi, was stabbed to death in
Bucharest.
Investigations of Iranian state-sponsored terrorism abroad
continued in 1994.  In December a court in France convicted
three Iranians of the 1991 assassination of former Prime
Minister Shahpour Bakhtiar and his assistant, Katibeh
Fallouch.  Defendents Ali Vakili Rad and Massoud Hendi were
sentenced to life and 18 years, respectively.  The prosecutor
said the crime was organized from "within the heart of the
Islamic Republic of Iran."
In 1993 the Government of Switzerland requested the extradition
from France of two Iranians indicted in the 1991 murder in
Geneva of Karem Rajavi, the brother of the leader of the
Mojahedin-e Khalq, Masud Rajavi.  Instead, the French
Government expelled the suspects to Iran on December 29, 1993.
The two were among 13 Iranians indicted by the Swiss Government
for the murder; the other 11 were at large at the time of the
indictments.
The trial of Kazem Darabi, an Iranian citizen charged with
murdering four Iranian Kurdish dissidents in Berlin in 1992
under instructions from the Iranian Government, continued in
Germany.
     b.  Disappearance
No reliable information is available on the number of
disappearances in 1994.  However, in 1994 the UNCHR conveyed to
the Government in 1994 the names of 506 missing persons.  In
the period immediately following arrest, many detainees are
held incommunicado, a situation that amounts to temporary
disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Credible reports indicate that security forces continue to
torture detainees and prisoners.  Common methods include
suspension for long periods in contorted positions, burning
with cigarettes, and most frequently, severe and repeated
beatings with cables or other instruments on the back and the
soles of the feet.  Reports of flogging, stoning, amputations,
and public executions also are common.
Some prisoners are held in solitary confinement or denied
adequate rations or medical care to force confessions.  Female
prisoners have reportedly been raped or otherwise tortured
while in detention.  In the past, prison guards have
intimidated the family members of detainees and have sometimes
tortured detainees in their presence.
A German engineer, Helmut Szimkus, was released from Evin
prison in Tehran on July 1 after serving 5 1/2 years for
alleged spying.  Szimkus later told reporters that he was
tortured in prison and claimed he had witnessed guards torture
children in the presence of their parents to extract
confessions from the adults.
In September the International Committee of the Red Cross
(ICRC) issued a report on "unresolved humanitarian issues" from
the Iran-Iraq war.  The ICRC noted that the Government violated
the Third Geneva Convention by failing to identify combatants
killed in action and exchange information on those killed or
missing.  According to the report, the fate of almost 19,000
Iraqi prisoners of war (POW's) in Iran "remained unknown."  The
report criticized the Government for obstructing ICRC efforts
to register and repatriate POWs.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Constitution prohibits arbitrary arrest and
detention, there is reportedly no legal time limit on
incommunicado detention, nor any judicial means to determine
the legality of detention.  Suspects may be held for
questioning in jails or local Revolutionary Guard offices.
The security forces often do not inform family members of a
prisoner's welfare and whereabouts.  If known, the prisoner
still may be denied visits by family and legal counsel.  In
addition, families of executed prisoners do not always receive
notification of the prisoner's death.  The family of Bahman
Samandir, a Baha'i exeucted by the Government in 1992, has
still been unable to recover his body.
In August security forces arrested some 3,000 persons in
Qazvin, after army troops had quelled disturbances in that city
(see Section 1.a.).  Credible reports indicated that many of
the detainees were released only after they signed a false
confession indicating they were members of the Mojahedin-e
Khalq.
Adherents of the Baha'i faith continue to face arbitrary arrest
and detention.  One Baha'i, Ramazan Ali Zolfaqari, was
convicted of apostasy, imprisoned, and released on Janury 6.
His conviction is still in effect.  As of August, about eight
Baha'is were imprisoned because of their beliefs.  The
Government appears to adhere to a practice of detaining a small
number of Baha'is at any time.  Two Jews are believed to be in
prison because of their religion, and a Christian leader named
Beni Paul is also reportedly in detention.
     e.  Denial of Fair Public Trial
Iran has two court systems:  the traditional court system,
which adjudicates civil and criminal offenses; and the Islamic
Revolutionary Courts, which were established in 1979 to try
"political" offenses, narcotics crimes, and "crimes against
God."  Many aspects of the prerevolutionary judicial system
survive in the civil and criminal courts.  For example,
defendants have the right to a public trial, may choose their
own lawyer, and have the right of appeal.  Trials are
adjudicated by panels of judges.  There is no jury system.  In
the absense of post-revolution laws, the Government advises
judges to base their decisions on Islamic law.  Moreover, these
courts are not fully independent.  The revolutionary courts may
consider cases normally in the jurisdiction of the civil and
criminal courts and also may overturn their decisions.
Assignment of cases to either system of courts appears to be
haphazard.  The Supreme Court has limited authority to review
cases.
Defendants tried in the revolutionary courts are not granted
fair trials.  These defendants are often held in prolonged
pretrial detention without access to attorneys, and their
attorneys are rarely afforded sufficient time to prepare their
defense.  Defendants are often indicted for such vague offenses
as "moral corruption," "antirevolutionary behavior," and
"siding with global arrogance."  Defendants do not have the
right to confront their accusers or the right to appeal.
Summary trials of 5 minutes are common and some trials are
conducted in secret.  Others are show trials intended to
highlight a coerced public confession.  Two highly publicized
show trials occurred in 1994:  one for a person accused of
bombing a religious shrine in Mashhad; the other for a person
accused of bombing Ayatollah Khomeini's tomb near Tehran.  The
Government accused the charged individuals with membership in
the Mojahedin-e Khalq.  Rather than conduct a genuine
investigation into the bombings, the Government linked them to
the murders of the Evangelical Christian clerics (see Section
1.a) and characterized all of these events as a Mojahedin plot.
In August the Majles approved a law reorganizing the court
system.  Among its provisions, the law authorizes judges to act
as prosecutor and judge in the same case.  The rights of
defendents are further eroded by the fact that many judges
retired after the revolution, and others were disbarred for
ideological reasons.  The Government has replaced them with
judges who are regarded as politically acceptable to the regime.
There are no available estimates on the number of political
prisoners.  However, the Government often arrests persons on
trumped-up criminal charges when their actual "offenses" are
political.  In October the U.N. Special Representative issued a
report which noted that he had requested the Government to
provide information on 78 reported political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution states that "reputation, life, property, (and)
dwelling(s)" are protected from trespass except as "provided by
law."  However, security forces enter homes and offices,
monitor telephone conversations, and open mail without court
authorization.  The wife of writer Saidi-Sirjani reported that,
after her husband's arrest in March, the Anti-Vice Department
of the Revolutionary Prosecutor's office raided her home,
seized her husband's papers, and sealed the library (see
Section 1.a.).
Paramilitary volunteer forces known as the Basiji and other
security forces monitor the social activities of citizens.
Such organizations may harass or arrest women whose clothing
does not cover the hair and all of the body except hands and
face, or those who wear makeup.  Enforcement of such standards
of public morality varies with the political climate and the
jurisdiction.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the freedom of the press, except
when published ideas are "contrary to Islamic principles, or
are detrimental to public rights."  In practice, the Government
controls most publications.  Newspapers are generally
associated with various factions in the Government.  They
reflect different views and criticize the Government but are
prohibited from criticizing the concept of the Islamic Republic
or promoting the rights of ethnic minorities.
The Government may harass or shut down independent publishing
houses that are overly critical of public policy.  Nonetheless,
some independent publishers out of favor with the Government
continue to survive.  In October a bimonthly newspaper, Asr-e
Ma (Our Era), was launched by a former government minister.  It
has called for the establishment of political parties.
Those whose comments offend the Government risk arrest and
summary punishment.  In 1994 Azizollah Amir Rahimi, a former
general, distributed open letters and gave interviews to the
foreign media in which he called on President Rafsanjani to
step down and organize free elections.  Rahimi and his son were
reportedly detained on November 1 for his comments.  No
information on the status of their cases was available at
year's end.
In October 134 prominent writers distributed an open letter
protesting excessive official censorship.  In response,
Ayatollah Ahmad Jannati delivered a sermon on November 11 in
which he warned that Muslims might take some unspecified
"action" against the writers.  The semiofficial Tehran Times
cautioned against freedom of speech, editorializing that such
freedom does not permit publication of "unsocial, immoral and
seditious articles."
The Ministry of Islamic Culture and Guidance ensures that books
do not contain offensive material prior to publication.  It
inspects foreign printed materials prior to their release on
the market.  However, some books and pamphlets critical of the
Government are published without reprisal.
In March the Government reaffirmed as binding and irrevocable
the 1989 religious decree condemning to death British author
Salman Rushdie for his book, "The Satanic Verses."  The
Government considers the book blasphemous.  It made no public
move to repudiate its promise of a cash award to any person who
kills Rushdie.
The Government owns all broadcasting facilities, and their
programming reflects its political and socioreligious
ideology.  In June officials reportedly seized 1,995 satellite
receiving dishes and videotapes in the port of Bandar Abbas.
The Majles passed a law in January 1995 banning the import and
distribution of satellite dishes and calling for the removal of
existing satellite dishes.  But the law had been declared
unconstitutional by the Council of Guardians at press time, so
its enforcement is uncertain.
Academic censorship persists, even though restrictions on
academic freedom have eased since the immediate
postrevolutionary period.  However, in May Supreme Leader
Khamenei said in a speech at the Islamic Open University that
the university's atmosphere "must be protected from the
penetration of poisonous and anti-Islamic thoughts" and that
the university's administration "is justified in preventing the
expression of any remarks against Islamic and revolutionary
values."
Government informers are said to be common on university
campuses and monitor classroom material.  Admission to
universities is politicized; all applicants must pass
"character tests" in which officials screen out applicants
critical of the Government's ideology.  To achieve tenure,
professors reportedly must cooperate with government
authorities over a period of years.
     b.  Freedom of Peaceful Assembly and Association
The Constitution permits assemblies and marches "provided they
do not violate the principles of Islam."  Numerous unplanned
demonstrations occurred throughout Iran in 1994 (see Section
1.a.).
The Constitution also provides for the establishment of
political parties, professional associations, and religious
groups provided they do not violate the principles of "freedom,
sovereignty, (and) national unity" or question Islam or the
Islamic Republic.  In practice, most independent organizations
are banned, co-opted by the Government, or moribund.
In February the Ministry of Interior granted licenses to some
80 political and professional organizations out of an
estimated 400 applications.  No major opposition faction was
evident among the licensed groups.  Authorities continue to
monitor the activities of the Freedom Movement, a political
group founded in 1961 and declared illegal in 1991.
     c.  Freedom of Religion
The Constitution declares that the "official religion of Iran
is Islam and the sect followed is Ja'fari Shi'ism."  It also
states that "other Islamic denominations shall enjoy complete
respect."  Religion is almost inseparable from government.  The
President and many top officials, including the Speaker of the
Parliament and many parliamentary deputies, are mullahs
(Islamic clergymen).
Approximately 90 percent of the population are Shi'a Muslims.
Aside from slightly over 1 percent who are not Muslims, the
rest of the population are Sunni Muslims who include Kurds,
Arabs, Turkomans, Baluchis, and other ethnic minorities.
The Constitution recognizes Christianity, Judaism, and
Zoroastrianism.  Members of these religions elect
representatives to reserved Parliamentary seats.  They are free
to practice their religion and instruct their children, but the
Government interferes with the administration of their schools.
Harassment by government officials is common (See Section 5).
Non-Muslims may not proselytize Muslims.  Three Evangelical
Christian ministers were killed in 1994.  One, who had
converted to Christianity in 1983, had been sentenced to death
for apostasy in December 1993 and released in response to an
international appeal (see Section 1.a.).
The Government regards the Baha'i community, the largest
non-Muslim minority with 300,000 to 350,000 members, as a
"misguided sect."  It prohibits Baha'is from teaching their
faith and maintaining links with coreligionists abroad.
In October 1993, the Majles approved legislation that prohibits
government workers from membership in groups that deny the
"divine religions."  The Government uses such terminology to
describe members of the Baha'i faith.  The law also stipulates
penalties for government workers who do not observe "Islamic
principles and rules."
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens may travel to any part of Iran, although there have
been travel restrictions to Kurdish areas during times of heavy
fighting.  People may change their place of residence without
obtaining official permission.  The Government requires exit
permits for draft-age males and citizens who are politically
suspect.  Some Iranians, particularly those whose skills are in
short supply and who were educated at government expense, must
post bonds to obtain exit permits.
The Government permits Iranian Jews to travel abroad, but often
denies them the multiple-exit permits normally issued to other
citizens.  The Government does not normally permit all members
of a Jewish family to travel abroad at the same time.
The Government and the UNHCR estimate that there were
approximately 1.7 million Afghan refugees in Iran in late
1994.  The majority have been integrated into local society.
Others live seminomadic lives or reside in government
settlements.  The UNHCR repatriated more than 110,000 refugees
to Afghanistan in 1994 and is supervising the repatriation of
many more.  Tens of thousands of Iraqi Kurdish and Shi'a Muslim
refugees, displaced by the aftermath of the Gulf War, remained
in Iran in 1994.  The Government of Iran provided assistance to
these refugees.
IRAN2
&0&0TITLE: IRAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Iran is ruled by a group of religious leaders and their lay
associates who share a belief in the legitimacy of a theocratic
state based on Ayatollah Khomeini's interpretation of Shi'a
Islam.  There is no separation of state and religion.  The
clerics dominate all branches of government completely.  The
Government represses any movement seeking to separate state and
religion, or to alter the State's existing theocratic
foundation.  The selection of candidates is effectively
controlled by the ruling clerics, consequently depriving
citizens of the right to change their government.
Regularly scheduled elections are held for the President,
members of Parliament (the Majles), and members of the Assembly
of Experts, a body responsible for selecting the successor to
the Leader of the Revolution.  The Majles exercises a
considerable amount of independence from the executive branch,
but its decisions are reviewed by the Council of Guardians (see
below).  Vigorous parliamentary debates take place on various
issues, and in some cases the Majles has defeated laws proposed
by the executive branch.  Most deputies are associated with
powerful political and religious officials, but often vote
independently and shift from one faction to another.
The Constitution provides for a Council of Guardians composed
of six Islamic clergymen, and six lay members who review all
laws for consistency with Islamic law and the Constitution.
The Council also screens political candidates for ideological
and religious suitability.  It accepts only candidates who
support a theocratic state, but clerics who disagree with
government policies have also been disqualified.
Women are underrepresented in government.  They hold 9 out of
270 Majles seats, and there are no female Cabinet members.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government represses local human rights groups and in
general is uncooperative with foreign groups.  The Government
continued to refuse in 1994 the repeated requests by the U.N.
Special Representative to visit Iran.
In November 1994, the Government hosted a German-Iranian Human
Rights Seminar in Tehran.  It permitted the German participants
to visit a prison in Esfahan, and permitted a second visit by
journalists to Evin prison in Tehran.  The Government also has
established a human rights committee in the Majlis and a human
rights commission in the judiciary, but observers believe they
lack independence.  Government officials state repeatedly that
Iran should be judged by Islamic, rather than Western, human
rights principles.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Discrimination against women has increased since the
revolution.  On January 31, Mina Kalout was reportedly stoned
to death in Evin Prison.  Kalout, a married woman, was accused
of committing adultery with her cousin, Abdol-Hussein, who was
executed for the offense.  On February 22, Homa Darabi, a
pediatrician, reportedly immolated herself to protest the
Government's discriminatory policies.  Prior to her death,
Darabi had been dismissed from an academic position for failing
to adhere strictly to the Islamic dress code.  On March 2,
Tahereh Ghan'e, a married woman with children, was reportedly
stoned to death in Qom for alleged adultery.  On May 5, a
female student of medicine and women's activist at Beheshti
University was found strangled to death.  Her arm had been
broken, as well.  Although the Government claimed the student
had committed suicide, 1,000 female students staged a sit-in on
May 9 to protest what they believed to be her murder.
Although domestic violence is known to occur, little is known
about its extent.  Abuse in the family is considered a private
matter and seldom discussed publicly.  There are no official
statistics on the subject.
In general, women suffer discrimination in the legal code,
particularly in family and property matters.  It is difficult
for many women, particularly those residing outside large
cities, to obtain any legal redress.  Although women may be
educated and employed in the professions, social constraints
tend to inhibit their educational and economic opportunities.
Illiteracy and the lack of university degrees also affect their
standing.  The enforcement of conservative Islamic dress codes
has varied considerably since the death of Ayatollah Khomeini
in 1989.  Nonetheless, such dress codes persist and are
enforced arbitrarily.
Under legislation passed in 1983, women have the right to
divorce, and regulations promulgated in 1984 substantially
broadened the grounds on which a woman may seek a divorce.
However, a husband is not required to cite a reason for
divorcing his wife.  In 1986 the Majles passed a 12-article law
on marriage and divorce that limited the privileges accorded to
men by custom and traditional interpretations of Islamic law.
The 1986 law also recognized divorced women's rights to a share
of the property couples aquire during their marriage and
increased alimony rights.
The Government's views on women's rights were exemplified in
1994 by an open letter to the U.N. Special Representative from
the President's Special Advisor on Women's Affairs, Shailia
Habibi.  In the letter, Habibi explained that legal
restrictions on a women's freedom to travel--a woman needs
permission from a close male relative to obtain a passport--are
"consensual" because such restrictions "are designed to
preserve the unity and sanctity of the family."  She also
accused "Western emancipation" of causing "corruption,
prostitution, Lesbianism, and widespread venereal disease."
     Children
There is no known pattern of child abuse.
     National/Racial/Ethnic Minorities
The Kurds seek greater autonomy and continue to suffer
government prosecution.  In August the Government reportedly
razed 17 Kurdish villages.
     Religious Minorities
The Christian, Jewish, Zoroastrian, and Baha'i minorities
suffer varying degrees of officially sanctioned discrimination,
particularly in the areas of employment, education, and public
accommodations.  Muslims who convert to Christianity also
suffer discrimination.
University applicants are required to pass an examination in
Islamic theology.  Although public-school students receive
instruction in Islam, this requirement limits access of most
religious minorities to higher education.  Applicants for
public-sector employment are similarly screened for their
adherence to Islam.
Religious minorities suffer discrimination in the legal system,
receiving lower awards in injury and death lawsuits, and
incurring heavier punishments than Muslims.  Sunni Muslims
encounter religious discrimination at the local level.
In 1993 the U.N. Special Representative reported the existence
of a government policy directive on the Baha'is.  According to
the directive, the Supreme Revolutionary Council reportedly
instructed government agencies to block the progress and
development of the Baha'i community; expel Baha'i students from
universities; cut the Baha'is' links with groups outside Iran;
restrict the employment of Baha'is; and deny Baha'is "positions
of influence," including those in education.  The Government
claims the directive is a forgery.  However, it appears to be
an accurate reflection of current government practice.
The persecution of Baha'is persisted unevenly in 1994.  The
Government continued to return some property previously
confiscated from individual Baha'is, although the amount
returned is a fraction of the total seized.  Property belonging
to the Baha'i community as a whole, such as places of worship,
remains confiscated.  Other government restrictions have been
eased, so that Baha'is may currently obtain food ration
booklets and send their children to public schools.  However,
the prohibition against the admission of Baha'is to
universities appears to be enforced.  Thousands of Baha'is
dismissed from government jobs in the early 1980's receive no
unemployment benefits and have been required to repay the
Government for salaries or pensions received from the first day
of employment.  Those unable to do so face prison sentences.
     People with Disabilities
There is no available information regarding whether the
Government has legislated or otherwise mandated accessibility
for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Although the Labor Code grants workers the right to establish
unions, there are no independent unions.  A national
organization known as the Worker's House, founded in 1982, is
the sole authorized national labor organization.  It serves
primarily as a conduit for government control.  The leadership
of the Worker's House coordinates activities with Islamic labor
councils which are organized in many enterprises.  These
councils also function as instruments of government control,
although they have frequently been able to block layoffs and
dismissals.  Moreover, a network of government-backed guilds
issues vocational licenses, funds financial cooperatives, and
helps workers find jobs.
The Government does not tolerate any strike deemed to be at
odds with its economic and labor policies.  In 1993 the
Parliament passed a law which prohibits strikes by government
workers.  It also prohibits government workers from having
contacts with foreigners and stipulates penalties for failure
to observe Islamic dress codes and principles at work.
     b.  The Right to Organize and Bargain Collectively
Workers do not have the right to organize independently and
negotiate collective bargaining agreements.  It is not known
whether labor legislation and practice in the export processing
zones differ from the law and practice in the rest of the
country.  No information is available on mechanisms used to set
wages.
     c.  Prohibition of Forced or Compulsory Labor
Section 273 of the Penal Code provides that the Government may
require any person who does not have work to take suitable
employment.  This provision has been criticized frequently by
the International Labor Organization (ILO) as contravening ILO
Convention 29 on forced labor.
     d.  Minimum Age for Employment of Children
The labor law prohibits employment of minors under 15 years of
age and places special restrictions on the employment of minors
under 18.  Education is compulsory until age 11.  The law
exempts workers in agriculture, domestic service, and some
small businesses.  By law, women and minors may not be employed
in hard labor or, in general, night work.  Information on the
extent to which these regulations are enforced is not available.
     e.  Acceptable Conditions of Work
The Labor Code empowers the Supreme Labor Council to establish
annual minimum wage levels for each industrial sector and
region.  It is not known if the minimum wages are adjusted
annually or enforced.  The Labor Code stipulates that the
minimum wage should be sufficient to meet the living expenses
of a family and should take inflation into account.
Information on the share of the working population covered by
the minimum wage legislation is not available.
The Labor Code establishes a 6-day workweek of 48 hours
maximum, with one weekly rest day, normally Fridays, and at
least 12 leave days of paid annual leave and several paid
public holidays.
According to the Labor Code, a Supreme Safety Council, chaired
by the Labor Minister or his representative, is responsible for
promoting workplace safety and health.  The Council has
reportedly issued 28 safety directives and oversees the
activities of 3,000 safety committees established in
enterprises employing more than 10 persons.  It is not known
how well the ministry's inspectors enforce regulations.
IRAQ1
rTITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             IRAQ*
Political power in Iraq is concentrated in a repressive
one-party apparatus dominated by Saddam Hussein.  The
provisional Constitution of 1968 stipulates that the Arab
Ba'ath Socialist Party governs Iraq through the Revolutionary
Command Council (RCC), which exercises both executive and
legislative authority.  President Saddam Hussein, who is also
Prime Minister, Chairman of the RCC, and Secretary General of
the Regional Command of the ABSP, wields decisive power.
Ethnically and linguistically, the Iraqi population includes
Arabs, Kurds, Turcomans, Yazidis, and Armenians.  The religious
mix is likewise varied:  Shi'a and Sunni Muslims (both Arab and
Kurdish), Christians (including Chaldeans and Assyrians), and
Jews.  Ethnic divisions have resulted in civil uprisings in
recent years, especially in the north and the south.  The
Government has reacted against these peoples with extreme
repression.
The Government's security apparatus includes militias attached
to the President, the Ba'ath Party, and the Interior Ministry.
Security forces have been responsible for widespread and
systematic human rights abuses.  They play a central role in
maintaining the environment of intimidation and fear on which
government power rests.
The Government controls Iraq's oil-based economy and owns all
major industries.  Damaged by the Gulf War and subjected to
United Nations sanctions as a result of Iraq's 1990 invasion of
Kuwait, the economy continues to deteriorate.  The sanctions
ban all exports and imports except food, medicine, and
materials and supplies for essential civilian needs.  The
Government's failure to comply with U.N. Security Council
resolutions has led to repeated extensions of the sanctions.
The Government's abysmal record on human rights did not improve
in 1994, and worsened in several areas.  Systematic violations
continued in all categories, including mass executions of
political opponents, widespread use of torture, extreme
repression of ethnic groups, disappearances, denial of due
process, and arbitrary detention.  Tens of thousands of
political killings and disappearances remain unresolved from
previous years.  Human rights abuses are difficult to document
because of the Government's efforts to conceal the facts.
*The United States does not have an embassy in Iraq.  This
report draws to a large extent on non-U.S. Government sources.
Citizens do not have the right to change their government, and
the freedoms of expression and association do not exist, except
in Kurdish-controlled areas in the north under the protection
of international forces.
The regime deliberately targeted civilians in military
operations against Shi'a Arabs living in the southern marshes.
In the north, the regime maintained an internal embargo on the
importation of food, medicine, and other humanitarian goods to
Kurdish areas.  It imposed additional electricity cut-offs in
Dohuk governorate, exacerbating the electrical crisis it had
initiated there in late 1993.  Elsewhere, the regime diverted
humanitarian supplies to its own supporters and to the
military.  As socioeconomic conditions deteriorated in 1994,
the regime introduced new forms of torture for persons accused
of economic crimes and military desertion.
In violation of U.N. Security Council resolutions, the
Government persisted in its flagrant interference with the
international community's provision of humanitarian
assistance.  It harassed and intimidated relief workers and
targeted them for assassination.  A German journalist covering
the relief effort and her Kurdish bodyguard were shot to death,
execution-style.  Several other international personnel,
including United Nations guards and journalists, were
critically injured in bomb and shooting attacks.  New
information came to light indicating that the Government
offered rewards for killing international relief personnel.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The regime has a long record of executing perceived opponents.
In his October report to the U.N. General Assembly, the U.N.
Special Rapporteur (hereafter referred to as the Special
Rapporteur) stated that the Government's "aim of killing is a
political one, with the objective of silencing dissent and
suppressing opposition."
As in previous years, there were numerous credible reports that
the regime had executed a number of persons allegedly involved
in plotting against Saddam Hussein, including some members of
his family and tribe.  High-ranking civilian, military, and
tribal leaders were reported among those executed.
On April 12, an opposition figure, Talib Suhayl Al-Tamimi, was
assassinated in Beirut, Lebanon.  Lebanese security officials
arrested two Iraqi diplomats assigned to Beirut and charged
them with the murder.  The suspects admitted their guilt but at
year's end there was no movement toward a trial.
The Government continued to provide safe haven and logistical
and military support to several terrorist groups and
individuals.  These include the Mojahedin-e Khalq, which is
opposed to the Government of Iran; elements of the Abu Nidal
Organization, based in Lebanon; Abu Abbas' Palestine Liberation
Front (PLF); and the notorious bomb-maker Abu Ibrahim.  Both
Abbas and Ibrahim enjoyed sanctuary in Iraq.
In July the prominent oppositionist, Taki Al-Khoei, and two
other members of his family and their driver were killed under
suspicious circumstances in an automobile crash in southern
Iraq, near Al Najaf.  Strong circumstantial evidence pointed to
the Government's involvement.  The Government had long targeted
the Al-Khoei family for harassment and abuse.  The family is
renowned in Shi'a circles for its religious leadership and
outspoken condemnation of the regime's human rights record (see
Section 1.b.).
The Special Rapporteur noted in his February report several
cases of political killing dating from 1993.  These included
mass executions of Shi'a Arabs at the Al-Radwaniyah and Abu
Ghraib prisons in central Iraq.  According to the Special
Rapporteur, some of those killed had been involved in the
uprising against the Government in the spring of 1991.
In November 1993, the Special Rapporteur reported that the
Government had executed several Turcomans whose bodies were
mutilated before being returned to their families.
As in past years, the Special Rapporteur noted the frequent use
of the death penalty for such political offenses as "insulting"
the President or the Ba'ath Party.  His February report
summarized several RCC decrees that stipulate the death penalty
for political and civil offenses (see Section 1.e.).
As in previous years, authorities arrested and placed in
detention centers in central Iraq numerous Shi'a inhabitants of
the south.  Shi'a witnesses who survived detention later
reported that some of their comrades had been executed (see
Section 1.g.).  As the Government strictly controls the
movement of international personnel in the southern marshes,
information is not available to confirm the number of persons
killed.
Political killings and terrorist actions were frequent in the
north and directed against civilians, foreign relief workers,
journalists, and opposition leaders.  German journalist Lissy
Schmidt and her Kurdish bodgyguard, Aziz Kader Faraj, were shot
to death on April 3 in an ambush near Suleymaniya.  Kurdish
authorities arrested several suspects who reportedly confessed
that the Government had paid them to commit the murders.
The U.S. Government announced in April it had information
indicating that the Government of Iraq had offered monetary
"bounties" to anyone who assassinates United Nations and other
international relief workers.
Amnesty International (AI) reported that three Kurdish
political parties in northern Iraq--the Patriotic Union of
Kurdistan, the Kurdish Democratic Party, and the Islamic Party
in Iraqi Kurdistan--had committed scores of deliberate and
arbitrary killings against each other in 1993.  Press reports
indicated that the Kurdish parties continued to commit
arbitrary killings against each other in 1994.
In 1994 additional information came to light concerning the
so-called Anfal Campaign ("Spoils") of 1988, in which tens of
thousands of Kurds reportedly lost their lives.  The campaign
is the most prominent example of political killing.  During the
campaign, government forces arrested thousands of Kurds who
have never been seen again.  They are presumed to have been
died in custody (see Sections 1.b. and 1.g.).
In his February report, the Special Rapporteur concluded that
the Government's policies against the Kurds--in particular,
against the Barzani tribe--"raise issues of crimes against
humanity and violations of the 1948 Genocide Convention."  He
noted "significant similarities" between the Government's past
policies toward the Kurds and its current policies toward Shi'a
civilians living in the southern marshes.  The Special
Rapporteur recommended that "further consideration be given to
establish the facts and responsibilities associated with
atrocities committed against the Kurdish population."
     b.  Disappearance
In February the Special Rapporteur reported that he continued
to receive "reports on the widespread phenomenon of
disappearance."  He stated that the U.N. Working Group on
Enforcement on Involuntary Disappearances had conveyed to the
Government 10,570 names of disappeared persons and planned to
convey another 5,000.
The United Nations has documented 16,000 cases of disappeared
persons.  According to the Special Rapporteur, most of the
disappearances occurred during the Anfal Campaign.  However, he
estimates that the total figure for disappeared Kurds during
Anfal could number in the tens of thousands.  Middle East Watch
estimates the total at between 70,000 and 100,000, and AI at
more than 100,000.  The Special Rapporteur noted that persons
continue to disappear, mainly in the southern marshes, where
the Government is conducting counterinsurgency operations.
New information came to light regarding the Barzani arrests of
1983, in which security forces detained thousands of relatives
and tribesmen of the late Kurdish nationalist hero Mustapha
Barzani.  None of these detainees were ever seen again.  The
Special Rapporteur observed in February that the regime's
treatment of the Barzani tribe may constitute violations of the
Genocide Convention.
The Special Rapporteur and various human rights groups
continued to make inquiries with the Government regarding its
arrest in 1991 of the late Grand Ayatollah Abdul Qasim Al-Khoei
and 108 of his associates.  The Ayatollah died while under
house arrest in Al-Najaf, and only two of the persons arrested
with him can be accounted for.  The regime has not responded to
queries regarding the others arrested with Al-Khoei.
The Government failed to return, or account for, a large number
of Kuwaiti citizens and third-country nationals detained during
the Iraqi occupation of Kuwait.  It denies having any knowledge
of the missing persons.  U.N. Security Council Resolution
(UNSCR) 687 requires the Government to "facilitate" the search
for and the repatriation of those still missing.  In his
October report, the Special Rapporteur noted that the
Government's failure to account for the missing persons
violates provisions of the various Geneva Conventions, to which
Iraq is a party.
Middle East Watch estimated that, apart from the tens of
thousands of persons who have disappeared and are presumed
dead, another 10,000 to 12,000 persons were being held without
charge in prisons and detention centers.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Government is a party to international conventions
against torture, and the Constitution prohibits the practice,
the security services routinely torture detainees.  The Special
Rapporteur continues to note the Government's "systematic" use
of physical and psychological torture.  According to former
detainees, torture techniques include electric shocks
administered to the genitals and other sensitive areas,
beatings, burnings with hot irons, suspension from ceiling
fans, dripping acid on the skin, rape, breaking of limbs,
denial of food and water, and threats to rape or otherwise harm
relatives.  The tormentors kill many torture victims and
mutilate their bodies before delivering them to the victims'
families.
The authorities introduced new forms of torture in September,
including the amputation of ears and the branding of foreheads
for certain economic crimes and for desertion from the
military.  Large numbers of persons reportedly bled to death
from such punishments.  Opposition media reported that the
regime's use of ear amputations sparked a large antiregime
demonstration in Mosul on September 8.  Opposition media also
reported that the authorities executed several doctors who had
refused to carry out the amputations.
The regime also introduced the traditional Islamic law
punishment for thievery--amputation of the right hand.  It
subsequently stipulated branding of the forehead as the
punishment for thieves whose hands already had been amputated
and the death penalty for certain categories of thievery.  An
official newspaper reported on September 9 that the authorities
amputated the right hand and branded the forehead of a person
convicted of stealing a television set.
In his October report, the Special Rapporteur condemned the
amputations and brandings.  He stated that the practices
constitute "flagrant and determined violations of Iraq's
international human rights obligations insofar as they
prescribe cruel and unusual punishments and insofar as
implementation of the decrees compounds these violations by the
conduct of torture."  The relevant obligation in this regard is
Article 7 of the International Covenant on Civil and Political
Rights, to which Iraq is a party.  The U.N. General Assembly
likewise condemned what it termed "mutilations" in a December
resolution.
Certain prisons are notorious for routine mistreatment of
prisoners.  Al-Rashidiya Prison, on the Tigris River north of
Taji, reportedly contains torture chambers in its basement.
The Al-Shamma'iya Prison, located in east Baghdad, holds the
mentally ill and is reportedly the site of both torture and
disappearances.
The Al-Radwaniyah Prison (see Section 1.a.) is a former
prisoner-of-war facility near Baghdad and reportedly the site
of torture and arbitrary killings, including mass execution by
firing squad.  This prison was the principal detention center
for persons arrested following the civil uprisings of 1991.
Many persons taken into custody in connection with the
uprisings have not been seen since.  Middle East Watch
estimated in 1994 that the Al-Radwaniyah Prison holds between
5,000 and 10,000 detainees.
The Special Rapporteur, Middle East Watch, and AI cited the
Al-Radwaniyah Prison and the Abu Ghraib Prison, located in
Baghdad, as principal sites where torture and disappearances
continue to occur.  According to opposition reports, in late
1994 authorities at the Abu Ghraib Prison amputated the hands
of persons convicted of theft.
The security forces allegedly raped captured civilians during
the Anfal Campaign and the occupation of Kuwait and the Gulf
War.  The Special Rapporteur noted in his February report that
he had interviewed numerous women who continue to suffer severe
depression after they were raped in official custody.  The
Government has never acknowledged or taken any action to
investigate reports of rape by its officials.
Kurdish authorities in northern Iraq also employed torture.  AI
reported in 1994 that these authorities and Kurdish opposition
groups used torture on political opponents and criminal
suspects in 1993.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Constitution and Legal Code explicitly prohibit
arbitrary arrest and detention, the authorities routinely
engage in these practices.  In his February report, the Special
Rapporteur described "widespread arbitary arrest and detention,
in violation of Article 9 of the Universal Declaration of Human
Rights," primarily in the southern part of the country.  He
stated that the military and security services, rather than the
ordinary police, carried out most cases of arbitrary arrest and
detention.
Opposition sources reported in July that the regime had
detained 320 people during military operations in the Al-Amarah
marshes in June (see Section 1.g.)  The opposition conveyed the
names of the reported detainees to the Special Rapporteur.
The Special Rapporteur reported that the regime continued to
target the Shi'a Muslim clergy for arbitrary arrest and other
abuses.  In March international news media reported that the
regime had forcibly expelled from Iraq the families of the more
than 100 Shi'a clerics who had disappeared in 1991 after their
arrests with the late Grand Ayatollah aI-Khoei (see Section
1.b.).  Many of these clerics and their families are of foreign
nationality, primarily Iranian and Pakistani.
According to AI and Middle East Watch, several foreigners
arrested arbitrarily in previous years remained in detention.
The Government's refusal to allow tens of thousands of Kurds
and Turcomans to return to their homes in Kirkuk and Mosul
amounts to a policy of internal exile (see Section 2.d.).
     e.  Denial of Fair Public Trial
There are two parallel judicial systems:  the regular courts,
which try common criminal offenses; and special security
courts, which try cases involving national security.  However,
the security courts try many criminal cases.  The President may
override any court decision.  There are no checks on his
power.  The Special Rapporteur noted in his February report
that the executive interferes regularly in "all aspects of
normal judicial competence in matters ranging from property and
commercial law, to family law and criminal law."
The procedural rules applicable in the regular courts
theoretically provide many basic protections.  However, the
regime often assigns to the security courts cases which, on
their merits, would appear to fall under the jurisdiction of
the regular courts.  Trials in the regular courts are public,
and defendants are entitled to counsel--at government expense
in the case of indigents.  Defense lawyers have the right to
review the charges and evidence brought against their clients.
There is no jury system:  panels of three judges try cases.
Defendants have the right to appeal to the Court of Appeal and
then to the Court of Cassation, the highest Court.
The Special Rapporteur reported that the regular courts often
assign penalties that are "disproportionate" to the offense
(see Section 1.c.).  Decree 13 of 1992 imposes the death
penalty for automobile theft.  In 1994 the Government announced
the death penalty would be invoked for automobile smuggling,
various categories of thievery, and solicitation for the
purposes of prostitution.  As of late 1994, the penalty for
possession of stolen goods was life in prison.
Similarly, the Government shields certain groups from
prosecution for alleged crimes.  A 1992 decree grants immunity
from prosecution to members of the Ba'ath Party and the
security forces who may cause death while in the pursuit of
army deserters.  A 1990 decree grants immunity to men who kill
their mothers, daughters, and other female family members who
have committed "immoral deeds."
There are no Shari'a, or Islamic law, courts as such.  Regular
courts are empowered to administer Islamic law in cases
involving personal status, such as divorce and inheritance.  In
1994 the regime introduced Shari'a punishments for some types
of criminal offenses and for military desertion (see Section
1.b.).
Special security courts have jurisdiction in all cases
involving espionage and treason, peaceful political dissent,
smuggling, currency exchange violations, and drug trafficking.
According to the Special Rapporteur, military officers or civil
servants with no legal training head these tribunals, which
hear cases in secret.  Authorities often hold the defendants in
incommunicado detention and do not permit them to have contact
with their lawyers.  The courts admit confessions extracted by
torture which often serve as the basis for conviction.
Although defendants may appeal their sentences to Saddam
Hussein, many cases appear to end in summary execution shortly
after trial.
Because the Government rarely acknowledges arrests or
imprisonments, it is difficult to estimate the number of
political prisoners.  Many of the tens of thousands of persons
who have disappeared or been killed in recent years were
originally held as political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government frequently disregards the constitutional right
to privacy, particularly in cases in which national security is
alleged to be involved.  The law defines security offenses so
broadly that authorities are virtually exempt from the legal
requirement to obtain search warrants.  In 1994 the authorities
subjected the Shi'a religious clergy, Shi'a Muslim inhabitants
of the southern marshes, and various ethnic minorities to
searches without warrants (see Section 1.g.).  The regime
routinely ignores the constitutional provisions safeguarding
the confidentiality of mail and telegraphic correspondence and
telephone conversations.
The security services and the Ba'ath Party maintain pervasive
networks of informers to deter dissident activity and instill
fear in the public.  As the Special Rapporteur noted in his
February report, "the fear of informers and subsequent severe
reprisals have prevented virtually the entire population from
expressing genuinely held opinions which are not consistent
with those of the Government."
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
In 1994 as in previous years, the armed forces conducted
deliberate artillery attacks against civilians in the southern
marshes.  The marshes historically have been inhabited mostly
by Shi'a Muslims, but in recent years they have also become a
refuge for army deserters and displaced civilians.  As a
result, the marshes are the site of guerrilla resistance.  The
Gulf War allies imposed a "no-fly zone" over southern Iraq in
1992.  It continues to deter aerial attacks on the marsh
dwellers, but does not prevent artillery attacks or the
military's large-scale burning operations.
Ongoing military operations have destroyed the traditional way
of life of the marsh Arab Shi'a.  Credible reports describe a
continuing process of large-scale environmental destruction in
the marshes caused by the Government's burning, draining, and
water-diversion projects.  The army has constructed canals,
causeways, and earthen berms to divert water from the
wetlands.  Hundreds of square kilometers of marsh areas have
been burned, imperiling the marshes' ecosystem.
The Government claims the drainage is part of a land
reclamation plan to increase the acreage of arable land, spur
agricultural production, and reduce salt pollution in the
Tigris and Euphrates.  However, the evidence of large-scale
humanitarian and ecological destruction appears to belie this
claim.  Aerial and satellite photography made public by the
U.S. Government in 1994 depicted the almost total destruction
of the marshes.  Moreover, the regime's diversion of supplies
in the south limited the population's access to food, medicine,
drinking water, and transportation.
As the marshes dried, military units launched land-based
attacks on villages.  On March 4, the military began the
largest search-and-destroy operation in the marshes in 2
years.  The offensive included the razing of villages and
burning operations concentrated in the triangle bounded by
Nasiriyah, Al-Qurnah, and Basrah.  The magnitude of the
operation caused the inhabitants to flee in several
directions:  deeper into the marshes, to the outskirts of
southern Iraqi cities, and to Iran.
According to opposition sources, military forces in late June
attacked several marsh villages in Nassiriya province.  Sources
said that army engineers burned the village of Al-Abra,
containing about 80 homes, to the ground.  After the operation,
the army transported the village's inhabitants from the scene.
According to opposition sources, security forces in early July
stormed the villages of Al-Sajiya and Al-Majawid in Al-Chibaish
district, near the main road leading into the marshes.
Simultaneously, armor units supported by heavy artillery
attacked the village of Al-Kheyout in the district of Al-Madina.
Also in July, the military conducted large-scale artillery
bombardment in the Jindala area of the Al-Amarah marshes.
Opposition sources said the bombardment destroyed several homes
and injured several individuals.  Security forces reportedly
detained 15 youths and transported them from the area.
Simultaneously, the military caused destruction and arrested
inhabitants in Al-Hashriya, Al-Wasdiya, and Al-Malha.
In September opposition sources reported that military forces
used incendiary bombs and launched an armored attack against
the area of Al-Seigel in the Al-Amarah marshes.  The army later
set fire to the entire area.
In 1994 military operations caused an undetermined number of
civilian casualties in the marshes.  More than 10,000 refugees
from the marshes fled to Iran, where they joined between 50,000
and 60,000 who had fled in previous years.
In January the European Parliament (EP) passed a resolution
characterizing the marsh Arabs as a persecuted minority "whose
very survival is threatened by the Iraqi Government."  The EP
resolution described the Government's treatment of the marsh
inhabitants as "genocide."
According to Middle East Watch and U.S. Government researchers,
government files captured by Kurdish rebels in 1991 contain a
military plan for the destruction of the marshes and the people
living there.  The plan appears to have been approved at the
highest levels of the Government.  It is being implemented by
Minister of Defense Ali Hassan Al-Majid, the military leader
who supervised the Anfal Campaign.
The Special Rapporteur continues to note the similarity between
the Government's "genocide-type operations" against the Kurds
and its operations in southern Iraq.  He stated in his February
report that the extent of violations against the marsh
inhabitants "places the survival of this indigenous population
in jeopardy."
In August the Special Rapporteur dispatched two of his
assistants to the Iran-Iraq border to interview refugees
fleeing the marshes.  He reported in October that the refugees
are generally in poor physical and psychological condition,
having suffered extreme deprivation of food and medicine.  He
reiterated his "concern over the survival" of the marsh
inhabitants "as a community."
Regarding the Kurds, the Special Rapporteur reported in
February that he also holds the Government responsible for
"serious breaches" of the 1925 Geneva Protocol on the
Prohibition of the Use in War of Asphyxiating, Poisonous or
other Gases, and of Bacteriological Methods of Warfare.  He
observed that these breaches may demonstrate the Government
liable under the 1948 Genocide Convention.  According to the
Special Rapporteur, the activities of the Government during the
Anfal Campaign "left virtually no Iraqi Kurd untouched."  He
concluded that "serious violations of human rights committed
against the civilian population of Iraq both in times of war
and peace involve crimes against humanity committed under and
pursuant to the commands of Saddam Hussein and Ali Hassan
al-Majid."
The Special Rapporteur reported that he continued to receive
accounts of mass graves in southern Iraq.  Observers believe
these graves contain the remains of persons killed following
the civil uprising of March 1991.  As the Government does not
permit international visitors into these areas, forensics
experts have not yet investigated the grave sites.
However, forensics experts continued to develop information
obtained from mass grave sites in northern Iraq.  These graves
contain the remains of hundreds of persons presumed killed in
the Anfal Campaign.  According to opposition sources, a new
mass grave, containing up to 250 bodies, was found in April
near the Al-Sharqat district of Mosul.  Sources said that the
graves were discovered when heavy rains washed away the
covering soil.
IRAQ2
BeBeTITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Based on forensic evidence and government documents seized by
the Kurds in 1991, Middle East Watch and Physicians for Human
Rights estimate that between 70,000 and 100,000 Kurds were
killed, and up to 4,000 villages destroyed, during the Anfal
Campaign.  The evidence suggests that government efforts to
eliminate Kurdish communities were widespread, systematically
planned, and ruthlessly implemented.
The most flagrant example of current discrimination against the
Kurds is the Government's ongoing internal embargo on the
north, which includes necessities such as food, medicine, and
other humanitarian supplies.  Since August 1993, the embargo
also has included massive electric power cut-offs in specific
areas, causing the spoilage of medicines, breakdowns in local
water-purification systems, and the loss of certain hospital
services.  A disaster was averted only by the prompt action of
the United Nations and donor governments, who imported and
installed temporary generators to alleviate the crisis.
Additional electricity cut-offs were imposed in August 1994.
The embargo of the north has impacted not only Kurds but
various other minorities such as Turcomans, who also live in
the area.
Operation Provide Comfort--the joint U.S., British, French, and
Turkish command--continued in 1994 to inhibit government aerial
attacks in the northern "no fly zone."  However, the military
forces continued intermittent, sometimes heavy shelling of
northern villages by long-range artillery.  On October 26,
opposition media reported that shelling of villages in the
Shawan region had resulted in several civilian casualties, one
fatal.
Attacks on humanitarian relief efforts in northern Iraq
continued throughout 1994.  Two persons were killed in an
execution-style shooting (see Section 1.a.).  Several other
international workers involved in the relief effort, including
six United Nations guards, were injured in bombing and shooting
attacks in March and April.  On March 27, Iraqi security forces
permitted a crowd in Mosul to attack and damage a U.N.
helicopter attempting to airlift wounded guards to safety.  Two
Swedish journalists were injured in Aqrah on March 14 when a
bomb exploded under their automobile.
Some terrorist incidents pointed to government involvement, but
there was insufficient information to determine the
responsibility for other attacks.
Innocent civilians were the victims of fighting between the
guerilla forces of the two main Kurdish political parties--the
Kurdish Democratic Party (KDP) and the Patriotic Union of
Kurdistan (PUK).  Heavy fighting between the two parties broke
out in May, in August, and again in December, producing several
hundred civilian casualties.
In 1994 civilians near the Turkish border were caught in raids
by Turkish military forces on suspected hideouts of the
extremist Kurdistan Workers' Party (PKK).  On August 8, Turkish
planes bombed a camp near Zakho containing 10,000 Kurdish
refugees from Turkey.  Although the refugees suffered no
casualties, 10 Iraqi guards were reported killed and 7
wounded.  The Turkish Government claimed that PKK terrorists
were hiding in the camps.
On August 23, Turkish planes attacking a PKK camp in Zele
bombed the nearby village of Bidewan village, wounding 7 Iraqi
Kurdish civilians.  On September 8, Turkish planes again bombed
the large concentration of Turkish refugees near Zakho.  No
injuries were reported, but several tents were destroyed.
Kurdish villages along the Iranian border were subjected to
shelling by the Iranian military, as well as to sporadic
Iranian military incursions into Iraqi territory.  Opposition
media reported that Iranian artillery shelled civilian areas in
As-Suleymaniyah province the night of April 17-18.  Iranian
forces were also reportedly involved in fighting between the
two main Iraqi Kurdish parties in August and December.
The Iranian military conducted attacks on Iranian opposition
camps based in Iraq.  On November 6, it launched a SCUD missile
attack on a Mojahedin E-Khalq base located some 30 miles north
of Baghdad.  On November 9, Iranian jets bombed an Iranian
Kurdish Democratic Party base in the town of Koi-Sanjaq in
northern Iraq.
Land mines in northern Iraq continued to kill or maim
civilians.  Many of the mines were laid during the Iraq-Iraq
War, but the army has failed to clear them.  The mines appear
to have been haphazardly planted in civilian areas.  The
Special Rapporteur has repeatedly reminded the Government of
its obligations under the Land Mines Protocol, to which Iraq is
a party, to protect civilians from the effects of mines.
Based on interviews with victims and eyewitnesses, the U.S.
Government has concluded that the Iraqi regime engaged in war
crimes--willful killing, torture, rape, pillage,
hostage-taking, unlawful deportation, and related
acts--directly related to the Gulf War.  The U.S. Government
urged the U.N. Security Council to create an international
commission to study evidence of a broader range of war crimes,
as well as crimes against humanity, and possible genocide.
At the end of 1994, Middle East Watch was preparing a charge of
genocide that it hopes governments will bring against the
Government of Iraq before the International Court of Justice in
the Hague.  Middle East Watch reported that its case was based
on a thorough review of evidence obtained from mass graves,
government documents, and interviews with eyewitnesses.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and of the press do not exist in areas under
the Government's control, and political dissent is not
tolerated in those areas.  The Government and the Ba'ath Party
own all print and broadcast media and operate them as
propaganda outlets.  They do not report opposition views.
The Special Rapporteur noted in his February report the extent
to which the Government has criminalized most forms of personal
expression.  A 1986 decree stipulates the death penalty for
anyone insulting the President or other high government
officials.  Section 214 of the Penal Code prohibits "singing a
song likely to cause civil strife."  Press Act 206 (1968)
prohibits the writing of articles on 12 specific subjects,
including those detrimental to the President.
The Government periodically jams news broadcasts, including
those of opposition groups, from outside Iraq.
Various Ba'ath Party and presidential decrees define political
dissent as encompassing a wide range of activities.  Persons
suspected of engaging in dissent are routinely imprisoned
without charge or trial or after trials that do not meet
minimum standards of fairness.
In northern Iraq, which is protected by international forces
and is administered by a local de facto government, several
newspapers have appeared over the past 3 years, as have
opposition radio and television broadcasts.
     b.  Freedom of Peaceful Assembly and Association
Except in northern areas under the protection of international
forces, the citizens may not legally assemble or organize for
any political purpose other than to express support for the
regime.  By law, the Government controls the formation of
parties, regulates their internal affairs and closely monitors
their activies.  Several parties are specifically outlawed, and
membership in them is a capital offense.  A 1974 law prescribes
the death penalty for anyone "infiltrating" the Ba'ath Party.
     c.  Freedom of Religion
The Government severely limits this freedom.  The Provisional
Constitution of 1968 states that "Islam is the religion of the
State."  The Ministry of Endowments and Religious Affairs
monitors places of worship, appoints the clergy, and approves
the publication of religious literature.
Although Shi'a Muslim Arabs, who are between 60 and 65 percent
of the population, are the largest ethnoreligious group, Sunni
Arabs, who comprise only about 12 to 15 percent of the
population, have traditionally dominated economic and political
life.  Despite legal guarantees of sectarian equality, the
Government has in recent years repressed the Shi'a clergy and
followers of the Shi'a faith.  Security forces have wantonly
desecrated Shi'a mosques and holy sites, particularly in the
aftermath of the 1991 civil uprisings.
The following government restrictions on religious rights
remained in effect throughout 1994:  a ban on the Muslim call
to prayer in certain cities; a ban on the broadcast of Shi'a
programs on government radio or television; a ban on the
publication of Shi'a books, including prayer books; a ban on
funeral processions; and the prohibition of certain processions
and public meetings commemorating Shi'a holy days.  Moreover,
the Government also continued to insist that its own appointee
replace the late Grand Ayatollah Abul Qasim Al-Khoei, formerly
the highest ranking Shi'a clergyman, who died in Government
custody in 1992 (see Section 1.b.).  The Shi'a religious
establishment refuses to accept the Government's choice.
The Government also continued to harass and threaten members of
the late Ayatollah Al-Khoei's family.  Circumstantial evidence
pointed to the regime's involvement in the July deaths of
several members of the Al-Khoei family (see Sections 1.a. and
1.b.).
The Special Rapporteur reports that the Government has engaged
in various abuses against the Christian Assyrian community,
which numbers about 350,000.  Most Assyrians have traditionally
lived in the north, and the Government often has suspected them
of "collaborating" with Kurds.  Military forces destroyed many
Assyrian churches during the Anfal Campaign, and reportedly
tortured and executed many Assyrians (see Section 4).
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government controls movement within the country of citizens
and foreigners.  Persons who enter sensitive border areas and
numerous designated security zones are subject to arrest (see
Section 1.d.).  Police checkpoints are common on major roads
and highways.
The Government requires citizens to obtain expensive exit visas
for foreign travel.  Citizens may not make more than two trips
abroad annually.  The Goverment reportedly prohibits some
citizens from all international travel.  Before traveling
abroad, citizens are required to post collateral with the
Government which is refundable only upon their return to Iraq.
There are restrictions on the amount of currency that may be
taken out of the country.  Women are not permitted to travel
outside Iraq alone; male relatives must escort them.
The Government continued to pursue its discriminatory
resettlement policies, including demolition of villages and
forced relocations of Kurds, Turcomans, and other minorities.
Middle East Watch reported that the Government was continuing
to force Kurdish residents of Mosul to move to
Kurdish-controlled areas in the north.  However, the Government
directed most of its resettlement efforts in 1994 at residents
of the southern marshes.  According to the Special Rapporteur,
security forces relocate marsh inhabitants detained during the
course of military operations to the main southern cities.
They were later transferred to detention centers and prisons in
central Iraq, primarily in Baghdad.
Opposition sources reported in September that the Government
had relocated more than 300 families from the marshes to a
detention area in Diwaniya province.  The authorities
reportedly returned other families who had taken refuge in
Baghdad to the province of Amara.
Large numbers of Shi'a refugees from southern Iraq fled to
Iran, particularly after the escalation in military activity in
March.  It was difficult to estimate the number of persons
displaced by these operations, due to the lack of international
monitors in the area.  However, in late 1994 the U.N. High
Commissioner for Refugees (UNHCR) estimated that more than
10,000 refugees from the marshes were in camps in Iran.  Amar
Appeal, a charitable organization operating several of the
camps, placed the number at more than 35,000.  U.S. Government
analysts estimated in September that more than 200,000 of the
250,000 former inhabitants of the marshes had been driven from
the area since 1991 (see also Section 1.a.).
In February 1994, the Special Rapporteur noted that the
Government in 1993 had expelled several "Faili," or Shi'a,
Kurdish families.  Faili Kurds, who have traditionally lived in
the mountainous region bordering Iran, were the victims of mass
deportations in the 1970's and 1980's.
The Special Rapporteur reported that in recent years the
Government may have expelled a total of more than 1 million
persons suspected of being "Persian sympathizers."  According
to the Special Rapporteur, about 500,000 of these displaced
persons are believed to live in Iran.
According to the UNHCR, hundreds of thousands of Iraqi refugees
remained abroad--mainly in Iran, Saudi Arabia, Kuwait, Syria,
Turkey, Pakistan, and Jordan.  Apart from those suspected of
sympathizing with Iran, most fled after the Government's
suppression of the civil uprising of 1991; others are Kurds who
fled the Anfal Campaign of 1988.  The UNHCR assists many
refugees, notably in Kuwait, Syria, and Turkey.
Of the 1.5 million refugees who fled following the 1991
uprising, the great majority, particularly Kurds, have
repatriated themselves to northern Iraq, in areas where the
allies have prohibited overflights by Iraqi aircraft.  Several
hundred thousand Kurds remain unsettled in northern Iraq
because political circumstances do not permit them to return to
their former homes in Government-controlled territory.
Moreover, northern Iraq is host to about 10,000 recently
arrived Turkish Kurds, who have fled civil strife in
southeastern Turkey (see the report on Turkey), in response to
the Turkish government's counterinsurgency campaign against the
PKK.  The UNHCR is treating these displaced persons as refugees
until it reaches an official determination on their status.  In
late 1994, the UNHCR relocated the Turkish Kurds to protect
them from periodic raids by Turkish military aircraft (see
Section 1.g.).
Students abroad who refuse to return are required to reimburse
any expenses paid by the Government.  Each student wishing to
travel abroad must provide a guarantor.  The guarantor and the
student's parents may be liable if the student fails to return.
Foreign spouses of citizens who have resided in Iraq for 5
years are required to apply for nationality.  The requirement
is 1 year of residence for the spouses of Iraqi citizens
employed in government offices.  Many foreigners thus have been
obliged to accept citizenship and are subject to official
travel restrictions.  The penalties for noncompliance include
loss of job, a substantial financial penalty, and repayment for
any governmental educational expenses.
The Government prevents many citizens who also hold citizenship
in another country--especially the children of Iraqi fathers
and foreign-born mothers--from visiting the country of their
other nationality.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government.  The
only free and open local elections have been held in
Kurdish-controlled areas in northern Iraq.  Full political
participation at the national level is confined to members of
the Ba'ath Party, estimated at about 8 percent of the
population.  The National Assembly is completely subordinate to
the executive branch.
Saddam Hussein wields decisive power over all instruments of
government.  Almost all powerful officials are either members
of the President's family or longtime family allies from his
home town of Tikrit.
Opposition political organizations are illegal and severely
suppressed.  Membership in certain political parties is
punishable by death (see Section 2.b.).  In 1991 the RCC
adopted a law that theoretically authorized the creation of
political parties other than the Ba'ath, but in practice, the
law reinforced the preeminent position of the Ba'ath Party by
prohibiting parties that do not support Saddam Hussein and the
present Government.  New parties must be based in Baghdad and
are forbidden to have any ethnic or religious character.
The Government does not recognize the various political
groupings and parties that have been formed by Shi'a Muslims,
as well as the Kurdish, Assyrian, and Turcoman communities.
These political groups continued to attract support
notwithstanding their illegal status.
In northern Iraq, all central government functions have been
performed by local administrators--mainly Kurds--since the
Government withdrew its forces from the area after the 1991
uprising.  In May 1992, political parties in the north
participated in elections to choose representatives to a
regional parliament.  The elections also produced de facto
local government administrators, who manage the affairs of the
security zone--which is protected by allied military
forces--and adjacent areas.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not permit the establishment of independent
human rights organizations.  It operates an official human
rights group which routinely denies allegations of abuses.
Citizens have established several human rights groups abroad
and in northern areas not under government control.
As in 1993, the Government did not allow the Special Rapporteur
to visit Iraq.  It failed to respond to his requests for
information on particular human rights cases and condemned his
recommendation that human rights monitors be stationed
throughout Iraq.  For the third consecutive year, the UNHRC
called on the U.N. Secretary General to send human rights
monitors to "help in the independent verification of reports on
the human rights situation in Iraq."  The U.N. Subcommission on
Prevention of Discrimination and Protection of Minorities
adopted a resolution reiterating the UNHRC request for the
deployment of monitors.  In December the U.N. General Assembly
once again endorsed the request of the Human Rights Commission
for monitors for Iraq.
The Special Rapporteur dispatched members of his staff--in late
December 1993 to Turkey and in August 1994 to Iran--to
interview victims of Iraqi human rights abuses.  The U.N. Human
Rights Centre hired another part-time employee in 1994 to
assist the Special Rapporteur who nevertheless asserted that he
needs further resources to carry out his mandate.
Several major human rights organizations, including Middle East
Watch and AI, released new reports on Iraq during the year.
The Amar Appeal, a London-based charitable organization which
assists Iraqi refugees from the southern marshes, issued a
study detailing the ecological destruction of the marshes and
its consequences for the marsh inhabitants.  The U.S.
Government also issued a report on that subject.
The Iraqi Government continued to defy various calls from
United Nations bodies to allow the Special Rapporteur to visit
the marshes and interview refugees.  In 1994 the U.N. Human
Rights Commission, the U.N. Subcommission on Prevention of
Discrimination and Protection of Minorities, and the U.N.
General Assembly all adopted resolutions condemning the
Government's human rights violations.
The Government failed to comply with the provision of UNSCR
688, which insists that the Government afford immediate,
unrestricted access by humanitarian workers to all those in
need of assistance in all parts of Iraq.  Throughout 1994, the
Government threatened, harassed, and assaulted employees of the
United Nations and nongovernmental organizations (see Section
1.g.).
Throughout 1994 the Government refused to implement UNSCR
Resolutions 706 and 712, which would allow it to sell oil and
purchase humanitarian goods, the equitable distribution of
which the United Nations would monitor.  The Special Rapporteur
noted in his February report that the Government failed to
provide for the basic humanitarian needs of its civilian
population and that it is obligated to do so as a signatory to
the United Nations Charter.  The Special Rapporteur reported
that in September the Government cut food subsidies by
one-third.  He once again called on the Government to implement
UNSC Resolutions 706 and 712.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Government claims that it is committed to equality for
women, who make up about 20 percent of the work force.  It has
enacted laws to protect women from exploitation in the
workplace and from sexual harassment; to permit women to join
the regular army, Popular Army, and police forces; to require
education for female children; and to equalize women's rights
in divorce, land ownership, taxation, suffrage, and election to
the National Assembly.  It is difficult to determine to what
extent these protections are afforded in practice.  Reports
indicate, however, that the application of these laws has
declined as Iraq's political and economic crisis persists.
Familial violence against women, such as wife beating and rape,
is known to occur, but little is known about its extent.  Such
abuse is customarily addressed within the tightly knit family
structure.  There is no public discussion of the subject, and
the Government issues no statistics.  Spousal violence
constitutes grounds for divorce and criminal charges, but suits
brought on these charges are believed to be rare.
The Special Rapporteur has commented on the high incidence of
rape committed by the armed forces and security services (see
Section 1.b.).  He noted that an unusually high percentage of
the northern population is female, due to the disappearances of
tens of thousands of Kurdish men in the Anfal Campaign.  The
Special Rapporteur has reported that the widows, daughters, and
mothers of Anfal victims are economically dependent on their
relatives or villages because they may not inherit the property
or assets of their missing family members.  Other reports
suggest that economic destitution has forced many women into
prostitution.
Evidence concerning the Anfal Campaign of 1988 indicates that
the Government killed many women and children, including
infants, by firing squads and in chemical attacks.
     Children
No information is available on whether the Government has
enacted specific legislation to promote the welfare of
children.  However, the Special Rapporteur and several human
rights groups have collected a substantial body of evidence
pointing to the Government's continuing disregard for the
rights and welfare of children.
The Government failure to comply with relevant U.N. Security
Council resolutions has led to a continuation of economic
sanctions.  As a result, general economic and health conditions
throughout Iraq have deteriorated dramatically.  Children have
been particularly susceptible to the decline in the standard of
living.  Increases in child mortality and disease rates have
been reported.
The Special Rapporteur has observed that, under these
circumstances, the Government has special obligations to ensure
that the most vulnerable groups in the population have adequate
food and health care.  The Special Rapporteur stated in his
February report that Iraq's refusal to implement U.N. Security
Council Resolutions 706 and 712, which would permit a one-time
sale of oil in order to finance the import of humanitarian
goods, has had an adverse effect on vulnerable populations,
including children.
In October the Special Rapporteur reported that "the obvious
imbalance between military expenditure and resources allocated
to the fields of health care and education clearly illustrates
the priorities of the Government."  The Special Rapporteur has
repeatedly observed that the ongoing bombardment of civilian
settlements in the southern marshes has resulted in the deaths
of many innocent persons, including women, children, and the
elderly.
     National/Racial/Ethnic Minorities
The cultural, religious, and linguistic diversity of society is
not reflected in the country's political and economic
structure.  Sunni Arabs, a small minority of the population,
have effectively controlled Iraq since independence in 1932.
Shi'a Arabs, the overwhelming majority of the population, have
long been economically, politically, and socially
disadvantaged.  Like the Sunni Kurds of the north, the Shi'a
Arabs of the south have been targeted for particular
discrimination and abuse, ostensibly because of their
opposition to the Government.
The security forces in 1994 reportedly were still encamped in
the shrine to Imam Ali at Al-Najaf, one of Shi'a Islam's
holiest sites, using it as an interrogation center.  The former
Shi'a theological school in Al-Najaf, which the Government
closed following the 1991 uprising, was used as a public market
in 1994.  Security forces continued to expel foreign Muslim
clerics from Al-Najaf, under the pretext that the clerics'
visas had expired.  Other aspects of government repression of
the Shi'a are discussed in Section 2.c. and various parts of
IRAQ3
TITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 1.
The Kurds, who make up approximately 20 percent of the
population, historically have suffered political and economic
discrimination, despite the token presence of a small number in
the national Government (see Sections 1.a., 1.b., and 1.g.).
Assyrians are an ethnic as well as religious group (see Section
2.c.), and speak a distinct language--Syriac.  Public
instruction in Syriac, which was to have been allowed under a
1972 decree, has never been implemented.  In 1994 the Special
Rapporteur stated that in late 1993 the Government dismissed or
expelled hundreds of Assyrian teachers and students from
universities and public positions.
Citizens considered to be of Iranian origin must carry special
identification and are often precluded from desirable
employment.  Over the years, the Government has deported
hundreds of thousands of citizens of Iranian origin (see
Section 2.d.).
     People with Disabilities
No information is available on the Government's efforts to
assist people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
Although Iraq is a party to the 1919 Constitution of the
International Labor Organization (ILO), which guarantees the
freedom of association, trade unions independent of government
control do not exist in Iraq.  The Trade Union Organization Law
of June 2, 1987, prescribes a monolithic trade union structure
for organized labor.
Workers in private and mixed enterprises and cooperatives--but
not public employees or workers in state enterprises--have the
right to join local union committees.  The committees are
affiliated with individual trade unions, which in turn belong
to the Iraqi General Federation of Trade Unions.  The General
Federation is linked to the Ba'ath Party, which uses it to
promote party principles and policies among union members.  The
General Federation also is affiliated with the International
Confederation of Arab Trade Unions and the formerly
Soviet-controlled World Federation of Trade Unions.
The Labor Law of 1987 restricts the right to strike.  No strike
has been reported over the past two decades.
     b.  The Right to Organize and Bargain Collectively
The right to bargain collectively is not recognized.  Salaries
for public sector workers (the majority of the employed) are
set by the Government.  Wages in the much smaller private
sector are set by employers or negotiated individually with
workers.
The Labor Code does not protect workers from antiunion
discrimination, a failure that has been criticized repeatedly
by the ILO's Committee of Experts.  There are no export
processing zones in Iraq.
     c.  Prohibition of Forced or Compulsory Labor
Compulsory labor is theoretically prohibited by law.  However,
the Penal Code stipulates prison sentences, including
compulsory labor, for civil servants and employees of state
enterprises accused of breaches of labor "discipline,"
including resigning from the job.  According to the ILO,
foreign workers in Iraq have been prevented from terminating
their employment to return to their native countries because of
government-imposed penal sanctions on persons who do so.
     d.  Minimum Age for Employment of Children
Employment of children under age 14 is prohibited except in
small-scale family enterprises.  Many children are encouraged
to work to support their families.  The law stipulates that
employees between the ages of 14 and 18 work fewer hours per
week than adults.
     e.  Acceptable Conditions of Work
Theoretically, most workers in urban areas work a 6-day,
48-hour workweek.  Hours for government employees are set by
the head of each ministry.  In practice, the rate of
absenteeism was abnormally high in 1994, as socioeconomic
conditions deteriorated.
Working hours for agricultural workers vary according to
individual employer-employee agreements.
Occupational safety programs are in effect in state-run
enterprises.  Inspectors theoretically inspect private
establishments, but enforcement varies widely.
IRELAND1
FTITLE:  IRELAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            IRELAND
The Republic of Ireland is a parliamentary democracy with a
long tradition of orderly transfer of power.  The Constitution
and Supreme Court decisions protect individual rights.  The
Government and an independent judiciary traditionally respect
and protect these rights.
The Government controls the police and the armed forces.  The
spillover of violence from Northern Ireland led to legislation
in 1984 that increased police power to detain and interrogate
suspected terrorists.  The police have shown great restraint in
exercising these powers.
The economy is based largely on free enterprise.  It performed
well in 1994, and the rate of unemployment declined.
Human rights problems within Ireland arise primarily from the
substandard prison conditions (especially the lack of separate
facilities for women and for children), the lack of a coherent
policy on refugees and asylum, and discrimination against and
abuse of women and children.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and other cruel, inhuman, or
degrading punishment, and there were no reports of violations.
However, in many prisons conditions are barely tolerable, due
to overcrowding, inadequate sanitation, or lack of other
facilities.  There are no suitable prisons for women, and a
lack of separate areas for young people results in 14- and
15-year-olds being mixed in with adult prisoners.  The
Government has indicated it hopes the overcrowding will be
eased by the anticipated early release of prisoners as a result
of the peace process in Northern Ireland, and by a planned new
large prison.  On the other hand, it has shown no intention of
significantly increasing its funding for prisons.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution stipulates that no person shall be deprived of
personal liberty without due process under the law.  It
requires that arresting authorities make written explanation to
a court about the suspect, and that the court determine the
legality of the detention.  The Criminal Justice Act of 1951,
as amended in 1984, stipulates that "as soon as reasonably
possible" the police must bring an arrested person before a
justice of the district court or, if none is available, before
a peace commissioner.  The Government and the courts fully
respect these provisions.
Detention without a charge is permitted for up to 48 hours in
cases covered by the Offenses Against the State Act of 1939,
which aims to "prevent actions and conduct calculated to
undermine public order and the authority of the State."  This
Act allows police to arrest and detain for questioning anyone
suspected of any terrorist offense involving firearms,
explosives, membership in an unlawful organization, or
malicious damage to property.  A person arrested under this Act
may be held, without a charge, for up to 24 hours, and for a
further 24 hours if a chief superintendent or still
higher-ranking police officer so directs.  A detainee who is
not charged within the 48-hour maximum period must be released
upon its expiry.
The Criminal Justice Act of 1984 empowers the police to detain
for up to 12 hours anyone under reasonable suspicion of having
committed a crime.  The authorities do not impose incommunicado
detention or exile.
     e.  Denial of Fair Public Trial
The Constitution provides for fair public trial, and the legal
system honors this.  The accused generally may choose his or
her attorney.  For indigents, the State assumes the cost.
The courts are independent, and jury trial is the norm.
However, the Constitution provides for the creation of "special
courts" to deal with cases in which the "ordinary courts are
inadequate to secure the effective administration of justice
and the preservation of public peace and order" (e.g., due to a
likelihood of terrorist intimidation of those courts).  The
Offenses Against the State Act authorizes use of special courts
for offenses against national security, particularly cases of
political violence.  In lieu of juries, these courts have
panels consisting of an odd number of judges (at least three)
whose verdicts are by majority vote.  Rules of evidence are
essentially the same as in regular courts except that the sworn
statement of a police chief superintendent identifying the
accused as a member of an illegal organization is accepted as
prima facie evidence.  Sessions of special courts are usually
public but the judge may exclude certain persons, other than
journalists; appeal of exclusion can be made only through a
separate judicial proceeding.  In 1994 there were 15 special
court trials, resulting in conviction of 20 defendants.
In cases of certain other types of offenses (e.g., sexual), the
judge in a regular court may exclude any or all persons except
officers of the court, lawyers, or journalists, ostensibly to
protect the reputations of persons involved in the trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Supreme Court has affirmed that, although not specifically
provided for in the Constitution, the inviolability of personal
privacy, family, and home must be respected in law and
practice; and the Government honors this.
However, the Constitution provides that the State shall enact
no law permitting divorce.  A 1986 nationwide referendum
overwhelmingly defeated a proposal to amend the Constitution to
permit divorce in limited circumstances.  In the same year, the
European Court of Human Rights ruled that the prohibition of
divorce is not a breach of the European Convention on Human
Rights, to which Ireland is a party.  The Government has
pledged to hold another referendum on divorce, which now seems
likely to occur in 1995.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for these freedoms, and the
Government fully respects them.  The law prohibits publication
or utterance of "blasphemous, seditious, or indecent matter";
enforcement of this is directed almost exclusively against
pornographic material.
The state-owned radio and television network has traditionally
denied airtime to members of certain blacklisted political
organizations, even lawful ones, under the 1960 Broadcasting
Act.  The Supreme Court has upheld the constitutionality of
this policy.  The Provisional Sinn Fein (the legal front of the
illegal Provisional Irish Republican Army (IRA) was long among
the excluded organizations, but when the ban on it expired in
January, the Government decided not to renew this.
Broadcasting is mostly state-controlled.  A Broadcasting
Complaints Commission oversees standards and investigates
complaints about programming.  The State does not control
newspapers, and no legislation regulates them per se.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
These freedoms are provided for by the Constitution, and the
Government respects them even as regards groups associated with
illegal terrorist organizations.  Membership in the illegal
organizations is punishable by imprisonment for up to 7 years.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government does not hamper the teaching or practice of any
faith.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There is complete freedom of movement within the country, as
well as freedom to engage in foreign travel, emigration, and
voluntary repatriation.
The Alien Act of 1935 gives the Justice Minister unlimited
discretion in regard to treatment of all aliens, including
those who qualify for refugee status under international law.
The authorities have accepted asylum seekers only on a limited
case-by-case basis, and have held them in detention in some
cases for over a year before rendering a decision.
Some asylum seekers have been turned back upon arrival.  The
police have completed the report requested by the Justice
Minister on a 1992 incident in which they violently forced a
group of 27 Kurdish men, women, and children--injuring
many--back onto an aircraft at Shannon Airport, and denied them
access to an interpreter, to a lawyer, and to a representative
of the U.N. High Commissioner for Refugees.  The report has not
yet been released, pending the outcome of court action.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
A constitutional requirement that elections be held at least
every 5 years has always been met.  Suffrage is universal for
citizens over age 18, and balloting is secret.  Several
political parties have seats in the bicameral Parliament.
Members of the Dail--the chamber that carries out the main
legislative functions--are popularly elected; in the Senate,
some members are elected and some are appointed by various
bodies.  The President is popularly elected for a 7-year term,
and is limited to two terms.  An appointed Council of State
serves as an advisory body to the President.
Women number only 20 of the 166 deputies in the Dail; 8 of the
60 senators; and 2 of the 15 ministers.  Of the 15 junior
ministers, 3 are women.  While women participate in all
departments of government, they are underrepresented at senior
levels.  Official data show that at year's end women held 30
percent of all public-sector jobs.
Section 4  Government Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The principal independent organization monitoring domestic
human rights issues, the Irish Council for Civil Liberties,
operates without hindrance from the Government.  The Government
is similarly open to investigation of human rights abuses by
international or nongovernmental organizations.
However, most independent critiques of human rights in Ireland
have focused on the overcrowding and other conditions in the
prisons, and the Government has generally ignored their
recommendations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Except as regards employment, neither the Constitution nor the
law prohibits discrimination on the basis of disability, race,
sex, language, or social status.  The Constitution, as amended,
forbids state preferment of one religion over another and
discrimination on the grounds of religious profession, belief,
or status.
     Women
Working women are discriminated against as regards pay and
promotions, in both the public and the private sectors, and
many are also hampered by inadequate child-care facilities.  In
1990 the Government established the Second Commission on the
Status of Women, which published its recommendations in early
1993; the Government pledged to implement them, including a
requirement that at least 40 percent of all public appointees
be women.
The Antidiscrimination (Pay) Act of 1974 and the Employment
Equality Act of 1977 provide for protection and redress against
discrimination based on gender.  The Employment Equality Agency
monitors their operation.  The number of cases has fallen in
recent years, but progress in eliminating the differential in
earnings has been very modest.  In 1994 the hourly industrial
wage for women was 60 percent of what men received and their
weekly earnings averaged 68 percent of men's weekly pay.
There have been no systematic studies of violence against
women, but indications are that it is widespread.  In 1994 the
Rape Crisis Center, a private organization, received some 5,000
telephone calls.  The Center estimates that only 30 percent of
rape victims report the crime to the police, and that only 10
percent of those go to trial.  A 1990 act criminalized rape
within marriage, and provided for free legal advice to the
victim.  In addition to rape and other sexual abuse, beatings
of women are common.
     Children
The Status of Children Act of 1987 abolished the concept of
illegitimacy and provided for equal rights for children in all
legal proceedings.  There are no reliable data on enforcement,
or on societal treatment of children, but it is believed that
child abuse is common.  In recent years, sexual abuse of
children has been receiving increased media attention.
     People with Disabilities
There is no legislation to protect disabled persons from
discrimination in employment or in other matters, or to improve
their access to buildings or transportation, and little has
been accomplished in these regards.  Few public or private
buildings have facilities for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The right to join a union is guaranteed by law, as is the right
to refrain from joining.  The law prohibits anti-union actions
before registration of a union.
About 55 percent of workers in the private and public sectors
are members of unions.  Police and military personnel are
prohibited from joining unions or striking, but they may form
associations to represent themselves in matters of pay, working
conditions, and general welfare.  The right to strike is freely
exercised in both the public and private sectors.  The
Industrial Relations Act of 1990 prohibits retribution against
strikers and union leaders; the Government effectively enforces
it through the Department of Enterprise and Employment.  In
July the Department of Enterprise and Employment promulgated a
code of conduct for industrial relations in essential services;
negotiations between business and labor on the code's
implementation were in progress at year's end.
The Irish Congress of Trade Unions represents 68 unions
(including some in Northern Ireland).  Both it and the unions
affiliated with it are independent of the Government and of the
political parties.  Unions may freely form or join federations
or confederations and affiliate with international bodies.
In 1994, as in previous years, strikes were common and some
went on for several months.
     b.  The Right to Organize and Bargain Collectively
Labor unions have full freedom to organize and to engage in
collective bargaining.  The Anti-Discrimination in Pay Act of
1974 and the Employment Equality Act of 1977 make the
Employment Equality Agency responsible for oversight of
allegations of discrimination.  If the Agency is unable to
effect resolution, the dispute goes before the Labor Court,
which consists of one representative each for the employer and
the union, plus an independent chairperson.  The Unfair
Dismissals Act of 1977 provides various forms of relief in
cases of employers guilty of antiunion discrimination,
including the reinstatement of workers fired for union
activities.
Most terms and conditions of employment are determined through
collective bargaining, in the context of a national economic
pact negotiated every 3 years by representatives of unions,
employers, farmers, and the Government.  In February the latest
such pact was concluded, and as usual it establishes standard
pay increases and fixes a cap on any increases subsequently
negotiated at local levels.
The Industrial Relations Act of 1990 established the Labor
Relations Commission which provides advice and conciliation
services in industrial disputes.  The Commission may refer
unresolved disputes to the Labor Court, which may recommend
terms of settlement and may set up joint employer-union
committees to regulate conditions of employment and minimum
wages in a specific trade or industry.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and does not occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 14 years with the written
permission of the parents.  For children of age 15 the law
limits worktime to 8 hours per day and 40 hours per week.  For
those of age 16 or 17, the limits are 9 hours per day and 40
hours per week.  These provisions are effectively enforced by
the Department of Equality and Law Reform.
     e.  Acceptable Conditions of Work
There is no general minimum-wage law, but there are several
applicable to specific industrial sectors, mainly those that
tend to pay lower than average wages.  Although the lowest of
these minimum wages would not be sufficient to provide a decent
living for a family of four, low-income families are entitled
to additional benefits such as subsidized housing and
children's allowances.
The standard workweek is 39 hours.  Working hours in the
industrial sector are limited to 9 hours per day and 48 hours
per week.  Overtime is limited to 2 hours per day, 12 hours per
week, and 240 hours in a year.  The Labor Department is
responsible for enforcing four basic laws dealing with
occupational safety that provide adequate and comprehensive
coverage.  There were no significant complaints from either
labor or management in 1994 regarding enforcement of these laws.
ISRAEL1
bTITLE:  ISRAEL AND THE OCCUPIED TERRITORIES* HUMAN RIGHTS
        PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
              ISRAEL AND THE OCCUPIED TERRITORIES*
Israel is a parliamentary democracy with a multiparty system
and free elections.  There is no constitution; a series of
"basic laws" provide for fundamental rights.  The legislature,
or Knesset, has the power to dissolve the Government and limit
the authority of the executive branch.  The judiciary is
independent.  Public debate is open and lively, and a free
press scrutinizes all aspects of society and politics.
Since its founding in 1948, Israel has been in a state of war
with most of its Arab neighbors.  It concluded a peace treaty
with Egypt in 1979 and with Jordan in 1994.  As a result of the
1967 war, Israel occupied the areas of the West Bank, the Gaza
Strip, the eastern sector of Jerusalem, and the Golan Heights.
Throughout its existence, Israel has experienced numerous
terrorist attacks.  It relies heavily on its military and
security services and retains many security-related regulations
from the period of the British Mandate.
On September 13, 1993, Israel and the Palestine Liberation
Organization (PLO) signed an historic Declaration of
Principles.  This process of reconciliation led to significant
developments in 1994, first and foremost being the May
agreement leading to the establishment of a Palestinian
Authority (PA) in the Gaza Strip and Jericho area, and the
August agreement on "early empowerment" (the Agreement on
Preparatory Transfer of Powers and Responsibilities) (see the
annex to this report).
Internal security is the responsibility of the General Security
Service (Shin Bet), which is under the authority of the Prime
Minister's office.  The police are under the authority of a
different minister.  The Israel Defense Forces (IDF) is under
the authority of a civilian Minister of Defense.  It includes a
significant portion of the adult population on active duty or
reserve status and plays a role in maintaining internal
security.  The Foreign Affairs and Defense Committee in the
Knesset reviews the activities of the IDF and Shin Bet.
Israel has a market economy and enjoys a relatively high
standard of living.  The economy has grown by an average of 5
percent a year in the past several years.  Unemployment is 7.5
*The human rights situation in the West Bank, Gaza, and East
Jerusalem is discussed in the annex appended to this report.
percent, the lowest since 1988.  Inflation is 14.5 percent.
Since implementation of an economic stabilization plan in 1985,
the Government has moved steadily in the direction of reducing
state intervention in the economy.  Much progress has been made
in liberalizing capital markets, but privatization and labor
market reform have progressed more slowly.  Despite the
continued dominant role of the Government in the economy,
individuals are largely free to invest in private interests and
own property.
Positive human rights developments, in addition to the
implementation of Israel-PLO agreements, included the release
of thousands of Palestinians detainees and prisoners from
military and civil facilities.  Israeli citizens enjoy a wide
range of civil and other rights.  Israel's main human rights
problems arise from its policies and practices in the occupied
territories.  In addition, while the Government's stated
intention is to close the social and economic gap between Arab
and Jewish citizens, Arab citizens still do not share fully in
the rights granted to, and the levies imposed on, Jewish
citizens.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Political killings in Israel are neither practiced nor condoned
by Israeli authorities.  In the context of extreme political
tension between Israel and the Palestinians, intercommunal
killings are often assumed to have a political motivation.  In
1994 the number of such killings of Israelis committed in
Israel rose to 52, as extremists on both sides sought to
disrupt the peace process.
On April 6, a Palestinian car bomber in a suicide attack killed
7 and injured at least 50 at a bus stop in the Israeli city of
Afula, and on April 13 a bomb in the central bus station in
Hadera killed 5 persons and wounded as many as 20.  On October
19, a suicide bomber aboard a Tel Aviv bus killed some 22
people and injured more than 40.  Another suicide bomber killed
himself and injured 12 at a Jerusalem bus stop on December 25.
In other violence, a Jewish settler armed with an automatic
rifle attacked a morning prayer service at the Ibrahim Mosque,
also known as the Tomb of the Patriarchs, in the West Bank city
of Hebron on February 25, killing at least 29 Arab worshippers.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although Israeli laws and administrative regulations prohibit
such practices, there are credible reports that security
officers abuse Palestinian detainees (See annex for a
discussion of mistreatment of prisoners from the occupied
territories incarcerated in detention facilities located in
Israel).
Incarceration facilities in Israel and the occupied territories
are administered by either the Israeli Prison Service (IPS),
the national police, or the Israel Defense Forces (IDF).
Although conditions vary, all facilities are monitored by
various branches of the Government, by members of the Knesset,
the International Committee of the Red Cross (ICRC), and many
human rights organizations, which have access to the prisons,
police jails, and IDF camps.
Generally, inmates are not subject to physical abuse by guards,
food is adequate, and prisoners receive basic necessities.
However, security prisoners are subject to a different regime,
even in IPS facilities, and as a class they are often denied
certain privileges given to prisoners convicted on criminal
charges.  Overcrowding is the most severe problem in all
facilities.
IPS prisons conform to general international standards which
permit inmates to receive mail, have televisions in their
cells, and receive regular visits.  Prisoners receive wages for
prison work and benefits for good behavior.  Many IPS prisons
have religious and drug-free wards and educational and
recreational program.
Police detention facilities are intended for pretrial
detentions but are often used as de facto jails, holding
detainees for several months because of court backlogs.
Inmates are often not accorded the same rights and living
conditions as prisoners in the IPS facilities.  Some police
detention facilities can fall below generally accepted minimum
international standards.
Detention camps administered by the IDF are limited to male
Palestinian security prisoners and are guarded by armed
soldiers.  The number of security prisoners dropped sharply in
1994, after the Government released over 5,400 Palestinian
detainees.  Conditions in the camps do not meet minimum
international standards and threaten the health of the inmates.
Many camps continue to house inmates in unheated tents, even in
severe weather conditions.  Family visits are restricted in the
camps and recreational facilities are minimal.  A petition to
close the Ketziot detention camp, filed by a human rights
organization before the High Court of Justice in 1993, was
withdrawn in 1994.  The number of detainees in the camp had
decreased to about 820 by the end of the year, down from 4,900
in 1993.
     d.  Arbitrary Arrest, Detention, or Exile
Israeli law and practice prohibit arbitrary arrest or
imprisonment.  Writs of habeas corpus and other procedural and
substantive safeguards are available.  Defendants are
considered innocent until proven guilty.  However, a 1979 law
permits administrative detention without charge or trial.  The
Minister of Defense may issue a detention order for a maximum
of 6 months.  Within 48 hours of issuance, detainees must
appear before a district judge who may confirm, shorten, or
overturn the order.  If the order is confirmed, an automatic
review takes place after 3 months.  Administrative detention
orders are renewable.  Detainees may be represented by counsel
and appeal detention orders to the Supreme Court.  At detention
hearings, the Government may withhold evidence from defense
lawyers on security grounds.
In felony cases, a district court judge may postpone for 48
hours the notification of arrest to the detainee's attorney.
The postponement may be extended to 7 days by the Minister of
Defense on national security grounds or by the police Inspector
General to conduct an investigation.  Moreover, a judge may
postpone notification up to 15 days in national security cases.
After the Hebron massacre in February, the authorities placed
under administrative detention several activists of the Jewish
ultra-nationalist Kach and Kahane Chai Organizations.  In
September the authorities placed in administrative detention a
number of Israelis, because the Government was concerned that
they might commit terrorist acts.  One of those arrested is a
member of the IDF who is being tried by a military court.
The Governmemt continues to hold nearly half of the Palestinian
detainees from the occupied territories in detention centers in
Israel.  The transfer of prisoners from the occupied
territories to Israel contravenes article 76 of the Fourth
Geneva Convention (see Section 1.d. of the annex).
The Government acknowledges that it detains 11 Lebanese
citizens and has provided information on the whereabouts of all
but two of them.  The disposition of their cases appears linked
to government efforts to obtain information on Israeli military
personnel believed to be prisoners of war or missing in
Lebanon.  Another 12 Lebanese prisoners, who had been detained
after serving their sentences, are no longer in detention.
The Government does not exile Israeli citizens (see Section
1.d. of the annex).
     e.  Denial of Fair Public Trial
The judicial system is composed of civil, military, religious,
labor relations, and administrative courts.  The judiciary is
independent.  The law provides for the right to a hearing with
representation by counsel.  The right is observed in practice.
All nonsecurity trials are public except those in which the
interests of parties are deemed best served by privacy.
Security cases may be tried in either military or civil courts,
and may be partly or wholly closed to the public.  The Attorney
General determines the venue in such cases.  The prosecution
must justify closing the proceedings to the public.  Defendants
have the right to be represented by counsel even in closed
proceedings but may be denied access to some evidence on
security grounds.  Convictions may not be based on any evidence
denied to the defense.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although privacy of the individual and the home are generally
protected by law, authorities sometimes interfere with mail and
monitor telephone conversations.  In criminal cases, the law
permits wiretapping by court order; in security cases, the
order must be issued by the Ministry of Defense.  Under
emergency regulations, authorities may open and destroy mail on
security grounds.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
See Section 1.g. of the annex.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Individuals, organizations, the press, and the electronic media
freely debate public issues and criticize government officials
and policies.  The law authorizes the Government to censor any
material reported from Israel or the occupied territories
regarded as sensitive on national security grounds.  However,
news printed or broadcast abroad may be reported in Israel
without censorship.  In response to objections from the press,
the Government has shown greater flexibility regarding material
which may or may not be made public.
The Government censors Arabic publications more strictly than
Hebrew publications.  In August the Ministry of the Interior
closed the East Jerusalem weekly newspaper, Al-Bayan, because
of the paper's alleged connections with the terrorist group
Hamas.  Authorities also prohibited the distribution of the
PLO-affiliated Al-Awdah publication for several months.
Emergency regulations prohibit anyone from expressing support
for illegal organizations.  The Government occasionally
prosecutes persons for speaking or writing on behalf of
terrorist groups.  Such actions are almost always directed
against Israeli Arabs; no such cases were filed against Jews in
1994, but the Kach and Kahane Chai extremist organizations were
banned under provisions of a 1948 antiterrorism act (see
Section 2.b.)
All newspapers are privately owned and managed.  Newspaper
licenses are valid only for Israel; separate licenses are
required to distribute publications in the occupied
territories.  Directed by a Government appointee, the
quasi-independent Israel Broadcast Authority (IBA) controls
television channel 1 and "KOL Israel" radio, both major sources
of news and information.  Six cable companies operate under
franchises granted by councils appointed by the Government.
Three companies were awarded franchises in 1993 to start a
commercial television channel, Israel's first.  Privately
owned, commercial local radio is also gearing up.  Tenders for
the establishment of the first 6 of 17 planned local radio
stations have already been made.
     b.  Freedom of Peaceful Assembly and Association
The law and court rulings protect the rights of assembly and
association.  The Government may prohibit individuals from
belonging to terrorist groups.  After the Hebron massacre in
February, the Cabinet invoked the 1948 Ordinance for the
Prevention of Terror to ban the ultranationalist Kach and
Kahane Chai organizations.  The decision stipulated
imprisonment for anyone belonging to, or expressing support
for, either organization.
     c.  Freedom of Religion
This right is strongly protected by law.  Approximately 81
percent of Israeli citizens are Jewish.  Muslims, Christians,
Druze, and members of other minority religions make up the
remaining 19 percent.  Each recognized religious community has
legal authority over its members in matters of marriage and
divorce.  Secular courts have primacy over questions of
inheritance, but parties, by mutual agreement, may bring the
case to religious courts.
In the Jewish community, Orthodox religious authorities have
exclusive control over marriage, divorce, and burial, whether
the subjects are Orthodox Jews or not.  Some Conservative,
Reform, and secular Jews have objected to such authority.
Israeli authorities are not empowered to perform civil
marriages.
Missionaries are allowed to work in Israel.  According to the
Ministry of Justice, the Government has not applied a 1977
anti-proselytizing law for several years, which would prohibit
anyone from offering or receiving material benefits as an
inducement to conversion.
The Government permits citizens to visit religious sites or
perform religious obligations in Israel and abroad.  However,
it has prevented Muslim and Christian Palestinians from the
occupied territories from worshipping at holy places in East
Jerusalem (see Section 2.c. in the annex).  In 1994 the
Government permitted Muslim citizens over 30 years of age to
perform the religious pilgrimage to Mecca, but it denied
permission to Muslim citizens under 30 years of years of age on
security grounds.  The Government asserts that travel to Saudi
Arabia, which is still in a state of war with Israel, is a
privilege and not a right.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens have the freedom of movement except in military or
security zones or in instances where they may be confined by
administrative order to their neighborhoods or villages.  In
1994 the Government issued at least 40 orders limiting the
movements of some Jewish settlers in the occupied territories.
Citizens are free to travel abroad and to emigrate, provided
they have no outstanding military obligations or are not
restricted by administrative order.
The Government welcomes Jewish immigrants, their families, and
Jewish refugees, to whom it confers automatic citizenship and
residence rights under the Law of Return.  This law does not
apply to non-Jews or to persons of Jewish descent who have
converted to another faith.
Under the principle of family reunification, successive
Governments have allowed the return of some Arab refugees who
fled Israel in 1948-1949.  The Government claims that 100,000
Arabs were allowed to return to Israel after the 1949 armistice
agreement, but it has denied the great majority of other
requests.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government
Citizens have the right and ability to change their government
peacefully.  Israel is a parliamentary democracy, with an
active multiparty system representing a wide range of political
views.  Relatively small parties, including those whose primary
support is among Israeli Arabs, regularly win seats in the
Knesset, or Parliament.  Suffrage is universal for adult
citizens.  Elections are by secret ballot.  There are no legal
impediments to the participation of women and minorities in
government, but they are underrepresented.  Eleven women, and 6
Arab and 2 Druze citizens serve in the 120-seat Knesset.  Two
women are in the Cabinet, and 2 Israeli Arabs are deputy
ministers.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local groups publicize human rights issues and litigate cases.
The Government is generally responsive to international human
rights groups and receives visits by a wide range of private
and international organizations concerned with human rights
such as Amnesty International, Middle East Watch, the Lawyers
Committee for Human Rights, the International Labor
Organization and others.  It hosts and works with a delegation
of the International Committee for the Red Cross.
Human rights offices at the Ministries of Foreign Affairs,
Defense, and Justice respond to inquiries from human rights
groups and other governments.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Equal Opportunity Employment Law prohibits discrimination
on the basis of sex, marital status, or sexual orientation.
The Labor Exchange Law prohibits discrimination on the basis of
race, religion, political beliefs, and age.  A general law
prohibits government bodies from practicing discrimination on
any of these grounds.
     Women
The Equal Opportunity Law requires employers to pay male and
female workers equal wages for equal work.  However, women's
advocacy groups report that women routinely receive lower
wages, are promoted less often, and have fewer career
opportunities than their male counterparts.
The adjudication of personal status law by the religious courts
means that women are subject to restrictive interpretations of
their rights regarding marriage and divorce (see Section
2.c.).  Women are subject to the military draft but may not
serve in combat positions.
There was heightened concern in 1994 over violence against
women.  Women's advocacy groups estimate that 13 women were
killed by their spouses during the year, and that as many as 40
Druze or Bedouin women may be killed each year by male
relatives for "family honor" offenses.  A survey conducted by
one women's group indicated that some 200,000 women suffer from
domestic violence each year, and that 7 per cent of these are
battered on a regular basis.
A special session of the Knesset was held on August 31 to
discuss violence against women.  The Government condemns such
violence and has helped to open 6 shelters for battered women
and has plans to open several others.
According to a 1991 law, a district or magistrate court may
prohibit access by violent family members to their property.
Women's groups cooperate with legal and social service
institutions to provide women's rights education.  There are 7
rape crisis centers.  In 1993, they received reports of 2,266
cases of rape.
     Children
The Government has a strong commitment to the rights and
welfare of children.  While there is no pattern of societal
abuse against children, the Government has legislated against
sexual, physical, and psychological abuse of children and has
mandated comprehensive reporting requirements to ensure close
attention to the issue.  Child prostitution has been reported
in isolated cases and has been promptly dealt with by
appropriate authorities.  The police, educational, and social
welfare officials are responsible for monitoring cases of abuse
and administer victim treatment programs.
Civil rights groups have expressed concern that female genital
mutilation continues to be practiced among the Bedouin in the
Negev region.  It is not known if the practice is common.
     National/Racial/Ethnic Minorities
The Government does not provide Israeli Arabs, who constitute
18 percent of the population, with the same quality of
education, housing, employment, and social services as Jews.
Relative to their numbers, Israeli Arabs are underrepresented
in the student bodies and faculties of most universities and in
higher level professional and business ranks.  A small number
of Israeli Arabs have risen to responsible positions in the
civil service, generally in the Arab departments of government
ministries.
The Government has tried to redress inequities in the
allocation of resources to Arab communities, but it
acknowledges that gaps remain in education, health,
infrastructure development, and public sector employment.  A
5-week strike by the heads of Arab councils ended in August
with agreement by the Ministries of Interior and Finance to
reduce the fiscal deficits of the Arab local authorities and
investigate discrimination in government funding for Arab
localities.
In practice, Israeli Arabs are not allowed to work in companies
with defense contracts or in security-related fields.  The
Israeli Druze and Circassian communities, at their initiative,
are subject to the military draft, and some Bedouin and other
Arab citizens serve voluntarily.  Apart from Druze and
Circassians, Israeli Arabs are not subject to the draft.
Consequently, they have less access than other Israelis to
those social and economic benefits for which military service
is a prerequisite or an advantage, such as housing,
new-household subsidies, and government or security-related
industrial employment.  Under a government policy whose
implementation began in January, the social security child
allowance for parents who have not served in the military will
be increased over a 3-year period to equal the allowance of
those who have served in the military.
The problem of the legal status of unrecognized Arab villages
remained unresolved in 1994.  Residents of the village of
Ramyah (see the 1991 and 1992 country reports) continued to
negotiate the future of their village.  A bill which would
allow the pre-1948 residents of the villages of Bir Am and
Ikrit, or their descendants, to rebuild their houses remains
before a Knesset legislative committee.
     Religious Minorities
In general the Government respects freedom of worship and
protects the rights of citizens of all creeds to worship
freely.  In civic areas where religion is a determinant
criterion, such as the religious courts and centers of
education, non-Jewish institutions routinely receive less state
support than their Jewish counterparts.  Immigration is
significantly easier for Jews than non-Jews.  The Government
generally respects and protects non-Jewish religious sites.
     People with Disabilities
The Government provides a range of benefits, including income
maintenance, housing subsidies, and transportation support for
disabled persons, who are about 10 percent of the population.
While the law provides for equal treatment for the disabled,
advocacy groups report continued difficulties with enforcement
in employment and housing.  A law requiring access by the
disabled to public buildings is not widely enforced.  There is
no law providing people with disabilities with access to public
transportation.
ISRAEL2
TITLE:  ISRAEL AND THE OCCUPIED TERRITORIES* HUMAN RIGHTS
        PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
Workers may join and establish labor organizations freely.
Israeli Arabs may establish their own unions but have not done
so.  Most unions belong to the General Federation of Labor in
Israel, or Histadrut, or to a much smaller rival federation.
These organizations are independent of the Government.  About
70 percent of the work force are members of Histadrut trade
unions; still more are covered by Histadrut's social and
insurance programs and collective bargaining agreements.
Histadrut members democratically elect national and local
officers and officials of its affiliated women's organization,
Na'amat, from political party lists.  Plant or enterprise
committee members are elected individually.
The right to strike is exercised regularly.  Unions must
provide 15-days' notice prior to a strike unless otherwise
specified in the collective bargaining agreement.  However,
unauthorized strikes occur.  Strike leaders--even those
organizing illegal strikes--are protected by law.  If essential
public services are affected, the Government may appeal to
labor courts for back-to-work orders while the parties continue
negotiations.
Strikes in 1994 were concentrated in the public sector, and
included a 12-week strike by the Academics' Union that forced
the closure of 3 universities, and 4 days of work stoppages by
employees protesting privatization of the national telephone
company.  Significant work stoppages also took place in the
defense industry.
Unions are free to affiliate with international organizations.
Following the signing of the Gaza-Jericho Agreement in May,
representatives from Histadrut and Palestinian trade unions
formalized their ongoing dialog.  Palestinians from the West
Bank and Gaza Strip who work in Israel may not join Israeli
trade unions or organize their own unions in Israel.
Palestinian trade unions in the occupied territories are not
permitted to conduct activities in Israel (see Section 6.a. of
the annex).  However, nonresident workers in the organized
sector are entitled to the protection of Histadrut work
contracts and grievance procedures.  They may join, vote for,
and be elected to shop-level workers' committees if their
numbers in individual establishments exceed a minimum
threshold.  Palestinian participation in such committees is
minimal.
Labor laws apply to Palestinians in East Jerusalem and to the
Syrian Druze living on the Golan Heights.
     b.  The Right to Organize and Bargain Collectively
Israeli workers fully exercise their legal rights to organize
and bargain collectively.  While there is no law specifically
prohibiting antiunion discrimination, the basic law against
discrimination could be cited to contest discrimination based
on union membership.  No antiunion discrimination has been
reported.
Nonresident workers may not organize their own unions or engage
in collective bargaining, but they are entitled to be
represented by the bargaining agent and protected by collective
bargaining agreements.  They do not pay union membership fees
but pay a 1-percent agency fee which entitles them to union
protection by Histadrut's collective bargaining agreements (see
Section 6.b. in the annex).  The Ministry of Labor may extend
collective bargaining agreements to nonunionized workplaces in
the same industrial sector.  The Ministry of Labor also
oversees personal contracts in the nonorganized sectors of the
economy.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor.  Neither Israeli
citizens nor nonresident Palestinians working in Israel are
subject to this practice.
     d.  Minimum Age for Employment of Children
A child who has attained the age of 15 years and who is liable
to compulsory education under the Compulsory Education Law, may
not be employed unless he works as an apprentice under the
Apprenticeship Law.  Notwithstanding these provisions, a child
who has completed his 14th year may be employed during a period
of official school holidays.  Employment of those aged 16 to 18
is restricted to ensure time for rest and education.
The labor exchanges do not process work applications for West
Bank or Gaza Palestinians under age 17, and higher age
requirements are often imposed for security reasons.  Ministry
of Labor inspectors enforce these laws, but advocates of
children's rights claim that enforcement is inadequate.
     e.  Acceptable Conditions of Work
Legislation in 1987 established a minimum wage at 45 percent of
the average wage, calculated periodically and adjusted for cost
of living increases.  As of October 1994, the monthly minimum
wage was $540 (1,624 new shekels).  The minimum wage is often
supplemented by special allowances and is generally sufficient
to provide workers and their families an acceptable standard of
living.  Union officials have expressed concern over
enforcement of minimum wage regulations, particularly with
respect to employers of illegal nonresident workers, who
sometimes pay less than the minimum wage.
By law, maximum hours of work at regular pay are 47 hours a
week, 8 hours per day, and 7 hours on the day before the weekly
rest, which must be at least 36 consecutive hours and include
the Sabbath.  By national collective agreements, the private
sector established a maximum 45-hour workweek in 1988.  The
public sector moved to a 5-day, 42 1/2 hour workweek in 1989.
Employers must receive a government permit to hire nonresident
workers from the occupied territories, certifying that no
Israeli citizen is available for the job.  All Palestinians
from the occupied territories are employed on a daily basis
and, unless they are employed on shiftwork, are not authorized
to spend the night in Israel.  Palestinians without valid work
permits are subject to arrest.
Nonresident workers are paid through the employment service of
the Ministry of Labor which disburses wages and benefits
collected from employers.  The Ministry deducts a 1 percent
union fee and the workers' contributions to the National
Insurance Institute, the agency that administers the Israeli
social security system.  Despite these deductions, Palestinian
workers do not have access to unemployment insurance, general
disability payments, low-income supplements, child allotments
or maternity leave.  By contrast Israeli settlers in the
occupied territories who work in Israel have the same benefits
as other Israeli workers.  The International Labor Organization
has long criticized this inequality in entitlements.
Along with union representatives, the Labor Inspection Service
enforces labor, health, and safety standards in the workplace,
although resource constraints affect overall enforcement.
Legislation protects the employment rights of safety delegates
elected or appointed by the workers.  In cooperation with
management, these delegates are responsible for the safety and
health of the workplace.  Workers do not have the legal right
to remove themselves from dangerous work situations without
jeopardy to continued employment.  However, collective
bargaining agreements provide some workers with recourse
through the work site labor committee.  Any worker may
challenge unsafe work practices through appropriate government
oversight and legal agencies.
ITALY1
ujujTITLE:  ITALY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             ITALY
Italy is a democratic, multiparty republic with a
directly-elected parliamentary government.  Executive authority
is vested in the Council of Ministers, headed by the President
of the Council (the Prime Minister).  The Head of State
(President of the Republic) selects the Prime Minister after
consulting with leaders of all political forces in Parliament.
The judiciary is independent of the executive, but continues to
be subject to occasional political pressures.
The armed forces are under the control of the Government and
Parliament.  There are four separate police forces under
different ministerial or local authorities.  During the year
there have been some credible reports of police maltreatment of
individuals while in official custody.
Italy has an industrialized market economy.  Although heavy
government ownership of the primary industrial sectors
persists, privatization is well underway.
Societal discrimination and some official abuses continued to
be problems.  There were sporadic acts of violence or
discrimination aimed at ethnic or religious minorities and
several instances of physical abuse of prisoners by guards.
The judicial system has moved slowly in punishing the
perpetrators.  Moreover, the judiciary itself is accused of
abuses such as excessive use of preventive detention and of
inordinately drawn-out proceedings.  Politically motivated
terrorist violence remained at low levels, but organized
criminal elements continued to use terrorist tactics, albeit
less frequently than in 1993.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In May the public prosecutor in Turin brought manslaughter
charges against two police officers accused of beating a
suspect to death after his arrest in December 1993; the trial
began in November and was still in progress at year's end.
Also begun in November and still in progress was the trial in
Turin of two policemen accused of inflicting mortal injuries on
an unarmed suspect they were apprehending.  In October the
judiciary in Padua committed to trial an officer of the
carabiniere police force who was accused of manslaughter in the
death of an 11-year-old Roma detainee in September 1993; a
court hearing is scheduled for March 1995.  The case of the
Iranian opposition leader killed in March 1993 remains
unsolved.
There were no credible reports of death while in official
custody in 1994.
     b.  Disappearance
There were no reports of disappearance.
     c.  Torture or Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and cruel or degrading punishment.
However, there have been credible reports that in several cases
police abused detainees or prisoners during interrogation,
usually by repeated kicks and punches or prolonged beatings
with batons.  In February a public prosecutor in Rome initiated
proceedings against a police officer accused of ill-treatment
of a 13-year-old in September 1993.
There also continue to be credible allegations--some proven
true--of guards' abuse of prisoners.  In November 1993 the
director of a jail in Pavia was suspended from duty and
committed to trial on charges of having placed in isolation a
detainee for whom a medical doctor had instead recommended
hospitalization; the trial is scheduled for January 1995.
A report by Amnesty International in June cited specific
instances of alleged ill-treatment of prisoners, including 13
formal complaints in February by inmates of Sulmona prison
accusing the staff of maltreating prisoners and "committing
acts of deliberate humiliation and extortion."  The director of
this prison was suspended from duty in early 1994; there is no
confirmation that this action was taken as a result of these
events, and Amnesty International has not received any response
to its inquiry to date.
In an open letter published by the press in February, inmates
of Secondigliano prison claimed guards had repeatedly beaten a
prisoner during a 2-day period just before his court hearing,
and that they threatened him with further ill-treatment if he
reported the beatings to the judges; the Government has not
responded to these complaints.  In December the Naples
judiciary committed to trial 70 of the guards at this prison,
including the chief warden, on charges of ill-treatment of some
300 inmates in early 1993; the trials are scheduled to begin in
the spring of 1995.
In June six prison guards were held in preventive detention for
2 weeks and suspended from their jobs for 2 months for having
beaten a prisoner in a Monza jail.
The prison population exceeds the maximum capacity of the
nation's prisons by some 50 percent--in some prisons the
inmates number two or three times the capacity--and reportedly
there are also problems of poor sanitation and inadequate
medical assistance in prisons.  These conditions have continued
to spark numerous hunger strikes in various prisons, and
presumably were a factor prompting many of the more than 100
prison suicides in the past 2 years alone.
Legislation in August 1993 made it easier for certain
categories of offenders to receive house arrest, pending
conclusion of their trials, and to be sentenced to alternatives
to imprisonment.
The Government permits independent monitoring of prison
conditions by parliamentarians, local human rights groups, the
media, and other organizations.
     d.  Arbitrary Arrest, Detention, or Exile
The law requires police to obtain a judicial warrant in order
to make an arrest, and to lodge charges within 48 hours.  The
law limits the maximum duration of preventive or investigative
detention to 2, 4, or 6 years depending on the gravity of the
crime.  If a detainee is charged with additional offenses, the
detention can be extended beyond the original maximum
duration.  In some cases, pre-trial detention is extended when
the accused, already in detention on specific charges, is
charged with additional offenses.  This has often been the case
during "clean hands" judiciary proceedings connected to
kickbacks and corruption over government contracts, which
started in Milan in February 1992 and have since spread
throughout the country.  Politicians of all parties as well as
officials of private and public companies have been
implicated.  Each offense with which "clean hands" defendants
are charged allows a maximum preventive custody of 3 months.
Since most of the defendants are charged with more than one
offense, some have remained in jail for longer than 3 months.
In 1994 there continued to be considerable expression of public
concern about the excessive use of preventive detention,
particularly in the "clean hands" investigations, where
detention was said to be used for purposes for which it was not
intended, such as to obtain confessions or information on other
investigations.  Legislation was introduced in Parliament to
restrict the use of preventive detention.  Political parties
across the spectrum support such legislative proposals.
There is no provision for bail, but judges often grant
provisional liberty to suspects awaiting trial.  As a safeguard
against unjustified detention, panels of judges ("liberty
tribunals") review cases of persons awaiting trial and decide
whether continued detention is warranted.  Despite these
measures, as of mid-1994 over 40 percent of inmates were in
prison because they were awaiting either trial or the outcome
of an appeal, rather than because they had been convicted of an
offense.  The average waiting period for trials is about 18
months, but can exceed 24 months; preventive detention thus
sometimes runs longer than the penalty for the crime.  The
Constitution and law provide for restitution in cases of unjust
detention.
Detainees are allowed prompt and regular access to lawyers of
their choosing and to family members.  If a detainee is
indigent, the State provides a lawyer.
There are no political detainees.  Punishment by exile abroad
is not practiced, and a 1993 law prohibits domestic exile.
     e.  Denial of Fair Public Trial
The law provides for trials to be fair and public, and the
authorities observe these provisions.  Counsel is provided for
the accused, at government expense if necessary.  The law
grants defendants the presumption of innocence.  Trials are
public, and defendants have access to an attorney sufficiently
in advance to prepare a defense.  Defendants can confront
witnesses.  All government-held evidence is normally made
available to defendants and their attorneys.  Defendants can
appeal verdicts to the highest appellate court.
Although the authorities generally make good-faith efforts to
provide due process, trials frequently last years, owing to
cumbersome procedures.  A revised Code of Criminal Procedure
which took effect in 1989 sought to streamline the process, but
it has proven ineffective; the Parliament is amending it, but
progress has been slow.
The judiciary is formally autonomous and independent of the
executive.  However, there is a broad public perception that
magistrates are subject to political influence and that some
are swayed by their political biases or personal interests.
Since 1993 some 200 magistrates have come under judicial
investigation on charges of corruption, collusion, or
mafia-related crimes; so far, 13 have been arrested, of which
at least 4 have been committed to trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law safeguards the privacy of the home, and the authorities
respect this provision.  Searches and electronic monitoring may
be carried out only under judicial warrant and in carefully
defined circumstances.  There have been no reports of any other
kinds of violations of privacy.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for freedom of speech and press, and the
Government does not interfere with these rights.  While there
are laws against obscenity and defamation of state
institutions, they have not been enforced in the past several
years.
The public enjoys unhampered access to numerous newspapers and
magazines, and to broadcasts by several state-run radio and
television stations and by many private radio stations.
     b.  Freedom of Peaceful Assembly and Association
The Government does not restrict the right of peaceful assembly
except in cases where national security or public safety is
endangered.  Permits are not required for meetings, but
organizers of public demonstrations must notify the police in
advance.  Professional and employer associations organize and
operate freely.
While allowing general freedom of association, the Constitution
and law prohibit associations that are clandestine; or that
pursue political aims through paramilitary forces; or that
revive the Fascist Party; or, since a 1993 decree, that incite
racial, ethnic, national, or religious discrimination.
In May an authorized demonstration by 200 skinheads in Vicenza
provoked widespread accusations that the Government and police
were permitting a revival of Fascism.  The Interior Minister
promptly removed the city's Prefect and Chief of Police;
initiated judicial action that could lead to prosecution of all
participants in the demonstration; and banned all further
demonstrations by skinheads.  The Justice Minister and police
noted, however, that because the demonstration was peaceful,
there were scant grounds for prosecution.  The Vicenza Public
Prosecutor, while expressing the same view, requested Justice
Ministry authorization to initiate proceedings against 22
participants on charges of public defamation of the Republic;
the Justice Minister granted this authorization in December.
     c.  Freedom of Religion
The Government does not interfere with the teaching or practice
of any faith.  It subsidizes the Roman Catholic Church, the
Adventist Church, and the Assemblies of God by allowing
taxpayers to elect to designate a fixed small percentage of
their tax payment to one or another of these.  In November 1993
the Buddhist community applied for the same funding, but the
Government has not yet responded.
Roman Catholic religious instruction is offered in public
schools as an optional subject.  Those students who do not want
to attend the "hour of religion" may take an alternative
course.  Some schools allow free time as an option.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens may travel freely both within the country and abroad.
Emigration is unrestricted.  Citizens who leave are guaranteed
the right to return.  The Constitution forbids deprivation of
citizenship for political reasons.
The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting
refugees.  Italy usually does not grant asylum or permanent
refugee status; rather, applicants are granted temporary
residence permits that must be renewed periodically and that
carry no guarantee of future permanent status.  The Government
does not force applicants to return to countries in which they
presumably would face persecution, and there were no reports of
forced expulsion of any having a valid claim to refugee
status.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
All citizens over the age of 18 have the right to vote, by
secret ballot, for the 630 members of the Chamber of Deputies.
Those over 25 have the right to vote for 315 of the 325 members
of the Senate, which also has 10 non-elected members, such as
former presidents of the Republic.  Elections must be held
every 5 years, or sooner if the President of the Republic so
orders.  The Parliament and a few representatives of regional
bodies jointly elect the President of the Republic for a 7-year
term.  The President nominates the Prime Minister, who upon
election by the Parliament selects the other ministers.
There are no restrictions in law on women's participation in
government and politics, but social restraints keep it lower
than that of men.  In 1994 women occupied 1 of 26 cabinet
positions; 29 of 325 Senate seats; and 86 of 630 in the lower
house (up from 51 in 1993), including its presidency  .
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government freely permits nongovernmental or international
organizations to investigate conditions in Italy and to publish
their findings.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination on the basis of race, sex
(except with regard to hazardous work--see below), religion,
ethnic background, or political opinion, and provides some
protection against discrimination based on disability,
language, or social status.  However, societal discrimination
is still evident, especially regarding sex and ethnicity.
     Women
Some laws that nominally are intended to protect women from
hazardous work keep them out of jobs that some of them--perhaps
many--are able and willing to undertake; e.g., women are not
permitted to be employed underground in quarries, mines, or
tunnels.  Also, laws notwithstanding, employers generally
continue to pay higher salaries to men than to women doing
comparable work, and to favor men over comparably qualified
women in filling jobs, particularly those in management or
likely to lead to it.  Official data indicate that only 30
percent of adult women are employed outside the home, and that
of these, only 0.1 percent hold top-level managerial positions.
Women are underrepresented also in some public-sector
professions; e.g., in the judicial branch, women account for
barely more than one-fourth of all magistrates; 10 of the 725
executive positions; 9 of the 591 middle-management positions;
and 1 of 27 presidencies of minors' courts.  Likewise, of the
27 public prosecutors in the minors' courts, only 3 are women.
A recent study found that among workers up to age 30, women are
paid on average $9,700 (equivalent) a year less than men; in
the 40-45 age bracket the disparity averages $17,400; and among
workers at the end of their careers, women earn an average
$34,200 a year as against $66,450 for men.
No law prohibits sexual harassment; and although it is
prohibited by labor agreements covering significant sectors
(such as metalworking--the leading industrial sector--and
public service), women who bring suit based on these provisions
have generally not won their cases.
Women enjoy legal equality with men in marriage and in property
and inheritance rights.
Various laws seek to protect women from physical abuse,
especially from members of their family.  Spousal rape is
legally regarded as the same as other rape.  Although there are
no reliable data on the extent of domestic violence against
women, media reports of it are common and indicate it is
widespread.  Police and judges are not reluctant to bring
perpetrators to justice, but victims often do not bring
charges, due to fear, shame, or ignorance of the law.
The Government provides a hot-line telephone service which
helps abused women obtain legal, medical, and other
assistance.  In 1994 private associations of women made several
houses available for sheltering battered women.
The media have reported a number of cases of trafficking of
women, usually involving forced prostitution.  Most of these
women are illegal immigrants, and so as a rule they do not
contact the police.  The police have made several arrests for
these offenses.
     Children
Societal abuse of children continued to be a problem.  A
nationwide, toll-free, privately financed telephone hot-line
service to help abused children receives an average of about 20
calls a day that report serious cases (along with 200 a day
that are not deemed serious).  In 1994 it began to provide
psychological assistance to minors involved in criminal
proceedings.  Social workers are authorized to take remedial or
punitive action to protect children, and they can place abused
children in family shelters.
     National/Racial/Ethnic Minorities
Immigrants and other foreigners continued to face widespread
societal discrimination, and some were subjected to racially
motivated attacks.
In February five skinheads on a bus beat and stabbed a Tunisian
passenger while 70 other youngsters watched; the five were
apprehended, jailed for 9 days, and sentenced to 18 months in
prison, but the sentence was suspended.
Similarly, in June nine youths on a train beat a university
student from Zaire; they were not jailed, and received
suspended sentences of 20 months.
Also in June, four skinheads attacked the Imam of the Islamic
community in a small city; they were arrested, jailed, and 10
days later were given suspended sentences of up to a year.
In July a fire of suspicious origin destroyed a shantytown that
was home to 2,200 illegal immigrants from North Africa, while
most of them were away doing their seasonal work as migratory
farm laborers.
In the most serious anti-Semitic incident, a Norwegian Jewish
woman residing in Assisi was assaulted by several youths who,
to date, have not been apprehended.
The Forum of Foreign Communities, a new entity representing
immigrants, in 1993 registered 352 incidents of violence
against 24 ethnic groups involving 504 immigrants.  Over
two-thirds of the attacks occurred in Rome, and most
perpetrators were below age 25.  Preliminary 1994 data indicate
there were slight reductions in these numbers.  The Forum has
arranged a telephone hot-line with a toll-free number to report
incidents of violence against foreigners.
The only major act of violence against Roma during the year was
a firebombing attack against a Roma encampment in Sardinia in
October by three minors and an older youth; in December the
latter was given a 6-month suspended sentence for throwing a
"Molotov cocktail" into the camp.  Firemen extinguished the
blaze before it injured anyone.  There have been sporadic
demonstrations, so far peaceful, against the establishment of
one of eight camps for Roma to be set up outside Rome.  The
first of these camps opened in December without significant
local opposition.
     People with Disabilities
A 1968 law requires almost all employers of 35 or more persons
to staff 15 percent of their workforce with disabled persons,
but as yet only about 4 percent of the employees in these firms
are disabled.
A 1971 law requires public buildings to be made accessible to
the physically handicapped, but compliance in schools and other
buildings is still not universal.
A 1992 law sets forth the rights of disabled persons, provides
for various kinds of assistance to them, imposes fines on
employers who do not comply, and authorizes the Labor
Inspectorate of the Ministry of Labor to enforce this law.
However, a seminar in February 1994 concluded that this law had
not yet significantly benefited the over 2 million permanently
disabled people in Italy because the relevant institutions were
still not equipped to implement it.
Section 6  Worker Rights
     a.  The Right of Association
The Workers' Statute of 1970 provides for the right to
establish trade unions, to join unions, and to carry out union
activities in the workplace.  Trade unions are free of
government controls, and no longer have ties with political
parties.  The Constitution provides for the right to strike,
and this right is frequently exercised.  A 1990 law restricts
strikes affecting essential public services such as transport,
sanitation, and health.
The Workers' Statute prohibits employers of more than 15
workers (or, in agriculture, more than 5) from taking
retribution against strikers other than deduction of wages for
the duration of the strike.  The Government enforces this
effectively.  Hiring of personnel to replace strikers is
effectively prohibited.
Italian unions associate freely with international trade union
organizations.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right of workers to organize
and bargain collectively, and the Government does not hamper
this.  By custom (though not by law), national collective
bargaining agreements apply to all workers regardless of union
membership; a July 1993 accord guaranteeing this has not yet
been implemented as law.
The law prohibits discrimination by employers against union
members and organizers.  The law requires employers found
guilty of antiunion discrimination to reinstate workers fired
for union activities if the firm has more than 15 employees.  A
1990 law covering enterprises with 15 or fewer employees
encourages workers in them to join unions, and requires that
when a union member is fired, the employer must state the
grounds in writing; if the judges reject the grounds, the
employer must either reinstate or compensate the worker.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it does not
occur.
     d.  Minimum Age for Employment of Children
The law provides that no child under 15 years of age may be
employed (with some specified exceptions).  The Ministry of
Labor may authorize the employment of children aged 13 or 14 on
certain jobs.  There are also specific restrictions on
employment of males under age 18, and females under age 21, in
various hazardous or unhealthful occupations.  Enforcement of
the minimum-age laws is effective only outside the extensive
"shadow" economy; a recent study concluded that some 400,000
children below age 15 are employed illegally, largely in
agriculture in southern Italy.
In August a legislative decree came into effect that provides
for more severe fines on employers who violate child-labor
laws, while it removes some minor violations from the Criminal
Code.
     e.  Acceptable Conditions of Work
Minimum wages are set not by law but rather by national
collective bargaining agreements.  These specify minimum
standards to which individual employment contracts must
conform.  When an employer and union fail to reach agreement,
the courts may step in to determine fair wages on the basis of
practice in comparable activities or agreements.
The law establishes standards for workhours, and collective
labor contracts elaborate them.  The Basic Law of 1923 provides
for a maximum workweek of 48 hours, with no more than 6 days
per week and 8 hours per day, except that the latter can be
exceeded in some specified kinds of jobs.  Most collective
agreements provide for a 36- to 38-hour workweek.  Overtime may
not exceed 2 hours per day or an average of 12 hours per week.
Basic health and safety standards and guidelines for
compensation for on-the-job injuries are set forth in an
extensive body of laws and regulations.  A legislative decree
in September incorporated into Italian law the eight European
Union Directives on Health and Safety, which had not previously
been applied in Italy.  They will take effect on various dates
in 1995 and early 1996.  Enforcement of health and safety
regulations is entrusted to labor inspectors, who are either
employees of local health units or of the Ministry of Labor and
have the same status as judicial police officers; but the
number of inspectors is too small to permit fully effective
enforcement.  The courts usually impose fines on convicted
violators, but sometimes sentence them to prison.
Because of high unemployment, there is pressure on workers to
accept unsafe conditions.  There are many substandard
workplaces (especially in the south).  Following a serious
accident in mid-1993, the Government announced it would
establish a special agency to deal with industrial accidents,
but this has not yet been done.  However, in 1994 Parliament
revised the basic legislation on such accidents so as to
provide guidelines regarding dangerous production processes.
JAMAICA1
qRqRTITLE:  JAMAICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            JAMAICA
Jamaica is a constitutional parliamentary democracy and a
member of the Commonwealth of Nations.  An appointed Governor
General represents the Queen as Head of State.  The elected
Prime Minister is the Head of Government.  An elected lower
house and an appointed upper house comprise Parliament.  Two
political parties have alternated in power since the first
elections under universal adult suffrage in 1944.  The last
general election, held in March 1993, was marred by political
violence and fraud.
The security forces consist of the Jamaica Constabulary Force
(JCF--police), the Island Special Constabulary Force
(ISCF--auxiliary police), and the Jamaica Defence Force
(JDF--army, air wing, and coast guard).  The JCF continued to
be responsible for serious human rights abuses and political
partisanship.  The JDF has been responsible for some abuses,
albeit fewer than the JCF.
The economy is based on primary products (bauxite and alumina,
sugar, bananas), services (tourism, finance), and light
manufacturing (garment assembly).  The Government has promoted
private investment to stimulate economic growth and
modernization, pursuing in the process a sometimes painful
program of structural adjustment.  As a result of concentrating
economic policy on maintaining a stable rate of exchange with
the U.S. dollar, interest rates were high and economic growth
suffered.
Among Jamaica's principal human rights abuses, there are
allegations that police and prison guards commit summary
executions and other extrajudicial killings and beatings, often
with impunity.  Other abuses included violence against women,
including attacks by police; warrantless searches; indefinite
detention; brutality against detainees; and vigilantism.
Conditions in Jamaican jails and prisons remain poor, with
serious overcrowding, awful sanitary conditions, and inadequate
diet the norm.  An inefficient and overburdened judiciary was
responsible for lengthy delays in trials, sentencing, and
appeals.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There continued to be credible reports that the JCF engaged in
the summary execution of suspects under the guise of
"shootouts."  Local media accounts disputing JCF claims of
shootouts continued to appear in 1994, albeit with less
frequency than in previous years.  JCF statistics have shown a
continuous pattern in recent years wherein persons shot and
killed by the JCF outnumbered those shot but only wounded.
The authorities charged a JCF officer with capital murder in
the July 1993 killings of Alfredo Bell and Leroy Chin at Nuttal
private hospital, but he has yet to be tried.  Authorities also
brought charges against a JDF lieutenant and a corporal for
killing a policeman guarding a candidate for Parliament in
1993.  The lieutenant has since died of natural causes.  The
trial of the corporal was postponed until 1995.  The JCF Office
of Internal Affairs continues to take disciplinary action
against other abusive officers.
The Jamaica Council for Human Rights (JCHR) received fewer
complaints about police abuses in 1994 than in 1993.  However,
police officers continued to enjoy apparent impunity for
extrajudicial killings.  For example, the courts freed in 1994
five police officers charged with the October 1992 deaths of
three men in Constant Spring jail when the judge found them not
guilty of manslaughter.  (The deaths were the result of
confining 19 men--arrested in a police sweep but never charged--
in a nearly airless cell for 2 days.)  The Supreme Court
subsequently awarded damages to 1 of the 16 survivors in a
lawsuit which the Attorney General did not contest.  The other
15 also have lawsuits pending.
Vigilantism, involving spontaneous mob executions, occurred
with some frequency in 1994.  In rural areas, the response to
crimes such as animal theft was often the rapid formation of a
local mob which beat, stoned, or "chopped" to death (with
machetes) the alleged criminals.  Police rarely brought charges
against vigilantes, and acquittals have been common in the few
cases that do go to court.
     b.  Disappearance
There were no reports of politically related abduction or
disappearances perpetrated by the security forces or others.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and other abuse of prisoners and
detainees.  Nonetheless, detainees and prisoners made numerous
credible complaints that guards and security personnel beat
them in local jails and prisons to obtain confessions.  The
JCHR continued to document cases where prison personnel beat
inmates in order to obtain confessions.
The Police Public Complaints Authority (PPCA), a nonpartisan
civilian body which began operation in 1993, received hundreds
of complaints in its first year of operation.  Most complaints
charged excessive use of force or abuse of authority by
police.  At year's end, however, the authorities had not
brought any charges against JCF personnel for matters arising
from complaints to the PPCA.
In the case of a police instructor who allegedly raped a young
female recruit in 1993, the woman subsequently refused to
testify against him.  The judge directed a verdict of not
guilty but recommended that the instructor resign from the JCF.
Conditions in maximum security prisons and police jails
remained abysmal.  Sanitary conditions were dangerously
inadequate, food insufficent, and overcrowding the rule.
Prisoners often have to resort to buying their own food or
medicine, or having relatives bring it to them.  At the general
penitentiary in Kingston, authorities imprison up to six men in
the 7- by 10-foot cells in the remand section, in near-total
darkness, for 16 to 20 hours a day.  The Inter-American
Commission on Human Rights found that while some of Jamaica's
prisons appear to meet international standards, others do not.
A Human Rights Watch/Americas report was highly critical of the
treatment of children in the prison system.
At his discretion, a judge may impose both whipping (with a
tamarind switch) and flogging (with a cat o'nine tails) as
punishment in criminal cases.  A judge sentenced a Kingston man
who paralyzed a woman with an ice pick to be whipped and
jailed.  This aroused considerable public debate on corporal
punishment.  Following the first flogging sentence, other
judges sentenced several more criminals to be flogged.
     d.  Arbitrary Arrest, Detention, or Exile
Parliament repealed the Suppression of Crimes Act (SOCA) of
1974, which permitted warrantless searches and the arrest of
persons "reasonably suspected" of having committed a crime.
The Jamaica Constabulary Force Act, however, now contains
several of these provisions.
The authorities regularly detained suspects without a warrant,
particularly in poor neighborhoods.  The law requires a court
appearance within 48 hours of detention, but the authorities
often held detainees for several weeks without bringing them
before a judge or magistrate.  However, the JCHR tallied fewer
complaints of illegal detention in 1994 than in previous
years.  There is a functioning bail system for Jamaicans;
foreign detainees, however, are regularly denied bail.
The Constitution provides immunity from expulsion from the
country, or exile.
     e.  Denial of Fair Public Trial
There is a well-established right to counsel for persons
charged with criminal offenses; indigents, however, must have
been accused of a "serious offense" (e.g., murder, rape,
robbery, gun offenses) to qualify for court-appointed counsel.
However, the law does not consider many offenses, including
wounding with intent to cause great bodily harm, as "serious,"
and courts thus convict many defendants without benefit of
counsel.
The judicial system, although independent, is overburdened and
operates with inadequate resources.  Budgetary shortfalls have
resulted in a steady attrition of trained personnel, causing
further delays.  Many cases take years to come to trial, and
others were dismissed because case files could not be located.
The court of appeal and the Parliament may refer cases to the
judicial committee of the Privy Council in the United Kingdom.
In September Prime Minister Patterson called for abolition of
appeals to the Privy Council and creation of a Caribbean Court
of Appeals.  Opposition leader Seaga and some human rights
organizations immediately opposed this proposal.
There were no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary intrusion by the State
into the private life of the individual.  The revised Jamaica
Constabulary Force Act, however, continues to give security
personnel the sort of broad powers of search and seizure which
were consistently abused under the Suppression of Crimes Act.
Although the use of telephone taps without a court order is
officially limited to cases involving the drug trade,
terrorism, and subversion of the Government, politicians, trade
union officials, and local journalists have charged that the
authorities were tapping their telephones in recent years.  The
accused authorities did not respond to these charges.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the Government respects these rights in practice, within the
broad limits of libel laws and the Official Secrets Act.
The Jamaica Broadcasting Company, largely deregulated in 1988,
operates two radio stations and one of the island's two
television stations.  The Government's broadcasting commission
has the right to regulate programming during emergencies.
Foreign television transmissions are unregulated and available
to tens of thousands of Jamaicans through satellite antennas.
The four largest newspapers, all privately owned, regularly
report on human rights abuses, particularly those involving the
JCF.  Foreign publications are widely available.
There were no reports of censorship or interference in academic
institutions.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  The police routinely grant without favoritism the
permits required for political parties to stage public
rallies.  Large numbers and varieties of professional,
business, service, social, and cultural associations function
freely.
     c.  Freedom of Religion
Freedom of religion is well established in law and practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides Jamaican citizens freedom of movement
and the authorities respect these provisions.
The authorities adjudicate applications for refugee status on a
case-by-case basis.  In coordination with the local office of
the U.N. High Commissioner for Refugees (UNHCR), the Government
has processed more than 80 Haitian boat people.  The Government
was considering applications from approximately 60 Cuban asylum
seekers, also in coordination with the UNHCR.  The Government
had not made a decision on the refugee status of either the
Haitians or the Cubans at year's end.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Jamaicans have, and freely exercise, the right to change their
government.  All citizens aged 18 and over have the right to
vote by secret ballot.  Two political parties have alternated
in power since the first elections under universal adult
suffrage in 1944.  The People's National Party (PNP) holds 52
of the 60 seats in the House of Representatives.  The
opposition Jamaica Labor Party (JLP), last in power from 1980
to 1989, holds the remaining 8 seats.  The JLP boycotted both
by-elections in 1994, charging that needed electoral reform was
not in place.  Two small-party candidates contested the April
election which the PNP candidate won overwhelmingly.   One
small-party candidate contested the August election, which was
marked by very low voter turnout, and the PNP candidate again
won.  The newly appointed head of the electoral office
dismissed allegations of fraud in the August election as
unfounded.
There are no legal limits on the participation of women in
politics; in practice, women constitute a small minority of
national parliamentarians and an only slightly higher
proportion of local representatives.  In May Senator Maxine
Henry-Wilson became the first woman in either party to hold the
post of general secretary when she was elected to the post by
the leadership of the ruling PNP.  The Minister of Labor and
Welfare is a woman, as is the mayor of Kingston.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no restrictions on human rights organizations.  The
JCHR, the country's only formal human rights organization, has
vigorously protested abuses by the police.  Its work has been
hampered, however, by a lack of adequate resources.  There was
no official followup on the August 1992 break-in and fire at
the JCHR headquarters, which left the organization in a
perilous financial position.
The Government of Jamaica has not attempted to hinder
investigations by foreign and international human rights groups
into alleged violations of human rights.  The Human Rights
Watch Children's Rights Project noted in a report on children
in police lockups that the Commissioner of Correctional
Services and the Commissioner of Police were "especially
cooperative" during the investigation.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on grounds of race,
place of origin, political opinion, color, or creed.
     Women
The Constitution and the 1975 Employment Act theoretically
accord women full equality.  In practice, however, they suffer
from economic discrimination, sexual harassment in the
workplace, and cultural and social traditions that promote
violence against women.  According to statistics from the
police sexual offenses unit, there has been an increase in
reported cases of rape and other sexual assaults from 1,308 in
1992 to 1,520 in 1993, and reported rapes for the first
3 months of 1994 were 19 percent above the figures for the same
period in 1993.  Women remain reluctant to press charges
against their partners in cases of domestic violence when jail
sentences are mandatory.  The Government, which promised
legislation to introduce noncustodial sentencing, had not done
so by the end of 1994.
     Children
The Juvenile Act of 1951 covers a number of aspects related to
the protection of children, including prevention of cruelty,
prohibition on causing or allowing juvenile begging, the power
to bring juveniles in need of care or protection before a
juvenile court, the treatment of juvenile offenders, the
regulation and supervision of children's homes, and
restrictions on employment of juveniles.  However, the Human
Rights Watch report contends that the Government has not
committed an adequate level of resources to enforce the Act.
     People with Disabilities
There are no laws mandating accessibility for people with
disabilities.  Several government agencies and nongovernmental
organizations provide services and employment to various groups
of disabled Jamaicans.
Section 6  Worker Rights
     a.  The Right of Association
The law provides for the right to form or join a trade union,
and unions function freely and independently of the
Government.  The Labor Relations and Industrial Disputes Act
(LRIDA) defines worker rights.  There is a spectrum of national
unions, some of which are affiliated with political parties.
Approximately 15 percent of the work force is organized.
The LRIDA neither authorizes nor prohibits the right to strike,
but strikes do occur.  Striking workers can interrupt work
without criminal liability but cannot be assured of keeping
their jobs.  Workers in 10 broad categories of "essential
services" are prohibited from striking, a provision the
International Labor Organization (ILO) has repeatedly condemned
as overly inclusive.  No strikes were declared illegal in 1994.
Jamaican unions maintain a wide variety of regional and
international affiliations.
     b.  The Right to Organize and Bargain Collectively
The Government rarely interferes with union organizing
efforts.  Judicial and police authorities effectively enforce
the LRIDA and other labor regulations.  All parties in Jamaica
are firmly committed to collective bargaining in contract
negotiations, even in some nonunion settings.  An independent
Industrial Disputes Tribunal (IDT) hears cases where management
and labor fail to reach agreement.  Any cases not resolved by
the IDT pass to the civil courts.  In 1994, however, the IDT
was not able to resolve the large number of disputes before
it.  The LRIDA prohibits antiunion discrimination:  for
example, employees may not be fired solely for union
membership.  The authorities enforced this law effectively.
Domestic labor laws apply equally to the "free zones" (export
processing zones).  However, there are no unionized companies
in any of the three zones, established in 1972, 1985, and 1988,
which employ approximately 18,000 workers.  Organizers
attribute this to resistance by foreign owners in the zones to
organizing efforts.  Attempts to organize plants within the
zones continue.  Company-controlled "workers' councils" handle
grievance resolution at most free zone companies, but do not
negotiate wages and conditions with management.  Management
determines wages and benefits within the free zones; they are
generally as good as or better than those in similar industries
outside the zones.  The Ministry of Labor has not performed
factory inspections in the free zones since 1992.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution does not specifically address the matter of
forced or compulsory labor.  However, Jamaica is a party to
both ILO conventions that prohibit compulsory labor, and there
were no reports that this practice exists.
     d.  Minimum Age for Employment of Children
The Juvenile Act provides that children under the age of 12
shall not be employed except by parents or guardians, and that
such employment may only be in domestic, agricultural, or
horticultural work.  However, enforcement is erratic.  Children
under 12 can be seen peddling goods or services on city
streets, but there is no evidence of widespread illegal
employment of children in other sectors of the economy.  The
Educational Act stipulates that all children aged 6 to 11 must
attend elementary school.  Industrial safety, police, and
truant officers are charged with enforcement.  Under current
economic circumstances, however, thousands of children are kept
home to help with housework and avoid school fees.
     e.  Acceptable Conditions of Work
The minimum wage, raised from $9.00 (J$ 300) to $15.00 (J$ 500)
per week in 1994, is widely considered inadequate.  Most
salaried workers are paid more than the legal minimum.  Work
over 40 hours per week or 8 hours per day must be compensated
at overtime rates, a provision that is widely observed.
The Labor Ministry's Industrial Safety Division is charged with
setting and enforcing industrial health and safely standards,
which are considered adequate.  Industrial accident rates,
particularly in the bauxite/alumina industry, were once again
low in 1994.  Public service staff reductions in the Ministries
of Labor, Finance, National Security, and the Public Service
have contributed to the difficulties in enforcing workplace
regulations.  The law provides workers the right to remove
themselves from dangerous work situations without jeopardy to
their continued employment if they are trade union members or
covered by the Factories Act.  The law does not specifically
protect other categories of workers in those circumstances.
JAPAN1
rTITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             JAPAN
Japan is a parliamentary democracy based on a 1947
Constitution.  Sovereignty is vested in the people, and the
Emperor is defined as the symbol of state.  Executive power is
vested in a cabinet, composed of a prime minister and ministers
of state, responsible to the Diet, Japan's two-house
Parliament.  The Diet, elected by universal suffrage and secret
ballot, designates the Prime Minister, who must be a member of
that body.  In the lower house general election in July 1993,
the Liberal Democratic Party (LDP) lost its majority for the
first time in 38 years.  The Government, formed in June 1994,
is a three-party coalition consisting of the LDP, the Social
Democratic Party of Japan, and the new party Sakigake.  The
judiciary is independent of the Government.
A well-organized and disciplined police force generally
respects the human rights of the populace and is firmly under
the control of the civil authorities.  However, there continued
to be credible reports of harsh treatment of some suspects in
custody.
Japan's industrialized free market economy is highly efficient
and competitive in world markets.  In 1994 the economy began to
recover from a recession that began in 1991.
A just and efficient legal system generally assures observance
of constitutionally provided human rights.  However, the
Burakumin (a group historically treated as outcasts), the Ainu
(Japan's indigenous people), women, and alien residents
experience varying degrees of discrimination, some of it severe
and of long standing.  There also continue to be reports of
physical and psychological abuse of prisoners or detainees.
Officials are sometimes dismissed for such abuse but are seldom
tried, convicted, and imprisoned.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution provides for freedom from torture and cruel,
inhuman, or degrading treatment or punishment.  However,
reports by several Japanese bar associations and some prisoners
indicate that police sometimes use physical violence, including
kicking and beating, as well as psychological intimidation,
including threats and name calling, to obtain confessions from
suspects in custody or to enforce discipline.  In Japan,
confession is regarded as the first step in the rehabilitative
process.  Roughly 85 percent of all criminal cases going to
trial include confessions, reflecting the priority that the
system places on admissions of guilt.  The Government also
points out that the high percentage of confessions, like the
high conviction rate, is reflective of a higher standard of
evidence needed to bring about indictment in the Japanese
system.  Appellate courts have overturned several convictions
in recent years on the ground that they were obtained as a
result of forced confession.  In addition, civil and criminal
suits have been brought against some police and prosecution
officials, alleging abuse during interrogation and detention.
While many of these cases are still pending, one Tokyo public
prosecutor was dismissed and two resigned in 1994 in separate
incidents of alleged assaults on witnesses during questioning.
One of the prosecutors involved has been indicted, and the
State has agreed to compensate one of the victims.
The National Bar Association and human rights groups have
criticized the prison system, with its emphasis on strict
discipline and obedience to numerous rules.  Guards sometimes
selectively enforce rules and impose punishment, including
"minor solitary confinement," which may be imposed for at least
1 and not more than 60 days and in which the prisoner is made
to sit (for foreigners) or kneel (for Japanese) motionless in
the middle of an empty cell.
Some human rights groups allege that physical restraints, such
as leather handcuffs, have been used as a form of punishment
and that prisoners have been forced to eat and relieve
themselves unassisted while wearing these restraints.  Ministry
of Justice officials state that restraints are only used inside
the prison when prisoners have been violent and pose a threat to
themselves and others, or when there is concern about an
attempt to escape.
     d.  Arbitrary Arrest, Detention, or Exile
Constitutional provisions for freedom from arbitrary arrest or
imprisonment are respected in practice.  Japanese law provides
for judicial determination of the legality of detention.
Persons may not be detained without charge, and prosecuting
authorities must be prepared to demonstrate before trial that
probable cause exists to detain the accused.  Under the Code of
Criminal Procedure, a suspect may be held in police custody for
up to 72 hours without judicial proceedings.  This period may
be extended by a judge for up to 20 additional days for
preindictment investigation.  If an indictment follows, the
suspect is transferred to a criminal detention facility.  Bail
is available in only about 25 percent of cases.
The Bar Association and human rights groups have criticized the
practice of "substitute detention."  While Japanese law
stipulates that suspects should be held in "houses of
detention" between arrest and sentencing, a police detention
facility may be substituted at the order of the court.  This
provision was originally added to facilitate investigation and
cover a shortage of normal detention facilities.  However,
according to a 1994 Ministry of Justice report, normal
detention facilities were filled to only 60 percent of capacity
in 1993.  Critics charge that allowing suspects to be detained
by the same authorities that interrogate them heightens the
potential for detainee abuse and coercion.  The Government
counters that adequate safeguards to prevent abuse, including
strong judicial oversight, have been built into the system.
The length of time before a suspect is brought to trial depends
on the nature of the crime but rarely exceeds 2 months from
date of arrest; the average is 1 to 2 months.  Critics charge
that access to counsel is limited both in duration and
frequency, although the Government denies that this is the
case.  The Criminal Procedure Code grants the prosecution and
investigating police officials the power to control access to
attorneys before indictment when deemed necessary for the sake
of the investigation.  As a court-appointed attorney is not
approved until after indictment, suspects must rely on their
own resources to hire an attorney for counseling before
indictment.  In addition, counsel may not be present during
interrogation at any time before or after indictment.  Beyond
this, the Government affirms that the right of the accused to
seek legal counsel is fully respected and that attorneys are
almost always able to see clients without obstruction.  Some
local bar associations provide detainees with a free counseling
session prior to indictment.  Counsel is provided at government
expense after indictment if the arrested person cannot afford
Preventive detention does not exist.
     e.  Denial of Fair Public Trial
The Government respects in practice the constitutional
provisions for the right to a speedy and public trial by an
impartial tribunal in all criminal cases.  The defendant is
informed of charges upon arrest and assured a public trial by
an independent civilian court with defense counsel and the
right to cross-examination.  The Constitution assures
defendants the right not to be compelled to testify against
themselves as well as free and private access to counsel,
although the right to such access is sometimes abridged in
practice.  For example, the law allows prosecutors to control
access to counsel before indictment, and there are persistent
allegations of coerced confessions.  Defendants are also
protected from the retroactive application of laws and have the
right of access to incriminating evidence after a formal
indictment has been made.  However, Japanese law does not
require full disclosure by the prosecutor, and material that
will not be used in court by the prosecution may be
suppressed.
The judiciary is independent and free from executive branch
interference.  Judges are appointed by the Cabinet for 10-year
terms, which can be renewed until judges have reached the age
of 65.  Justices of the Supreme Court can serve until the age
of 70 but face periodic review through popular referendum.  A
defendant who is dissatisfied with the decision of a trial
court of first instance may, within the period prescribed by
law, appeal to a higher court.  There are several levels of
courts, with the Supreme Court serving as the highest judicial
authority.  There is no trial by jury in Japan.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Under the Constitution, each search or seizure must be made
upon separate warrant issued by a judge.  Standards for issuing
such warrants exist to guard against arbitrary searches.  There
were no reports that the Government or any other organization
arbitrarily interfered with privacy, family, home, or
correspondence.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution, an independent press and judiciary, and a
functioning democratic political system combine to ensure
freedom of speech and press.
     b.  Freedom of Peaceful Assembly and Association
These freedoms are provided for in the Constitution and
respected in practice.
     c.  Freedom of Religion
Freedom of religion is provided for in the Constitution and
respected in practice.  While Buddhism and Shintoism remain the
two major religions, there are many others, including several
Christian denominations.  Foreign missionaries are welcome and
gain admission to Japan through a specific visa category for
foreign religious workers.  Some temples and shrines receive
public support as national historic or cultural sites.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Japanese citizens have the right to travel freely both within
Japan and abroad, to change their place of residence, to
emigrate, and to repatriate voluntarily.  Japanese nationality
may be lost by naturalization in a foreign country or failure
to elect Japanese nationality at the required age.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Japanese citizens have the right and ability peacefully to
change their government.  A parliamentary democracy, Japan is
governed by the political party or parties able to form a
majority in the lower house of its bicameral Diet.  From 1955
until 1993, all prime ministers and almost all cabinet
ministers were members of the Liberal Democratic Party (LDP),
which enjoyed a majority in the lower house throughout this
period.  From August 1993 to June 1994, non-LDP coalitions
governed the country.  The current three-party coalition
government includes the LDP but is headed by a Prime Minister
from the Japan Socialist Party.  Local and prefectural
governments are often controlled by coalitions.
Elections on all levels are held frequently; suffrage is
universal; and ballots are secret.
Postwar population movements contributed to significant
imbalances in size among parliamentary electoral districts.  In
June, however, the Diet approved legislation reducing the
maximum voting weight disparity among upper house districts of
the Diet from almost six-and-a-half to one to less than five to
one.  In November 1994 the Diet passed legislation reducing the
maximum voter weight disparity to approximately two to one in
lower house districts.  In addition, the new legislation
provides that two-fifths of lower house members will be elected
in proportional races which, in effect, further reduces
malapportionment.
There are no legal or de facto impediments to women's
participation in government and politics, but cultural
attitudes are not favorable to their participation.  Women hold
14 seats in the 511-member lower house of the Diet, and 38
seats in the 252-member upper house.  The 21-member Cabinet
includes only 1 female member.  Women make up nearly 20 percent
of all government workers but hold less than 1 percent of top
(section chief and higher) government posts.  In 1994 the Prime
Minister's office promulgated an action plan to increase the
ratio of women in leadership positions on government advisory
panels to 30 percent by fiscal year 1995.  However, the target
was later cut to 15 percent, a step apparently reflecting
slower than anticipated progress.  Only 40 of the 201 existing
panels currently meet the 15-percent target.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights organizations function freely, with no
governmental restrictions or impediments.  International human
rights nongovernmental organizations have been allowed to work
freely in Japan, although the Government restricts access to
prisons and detention facilities by human rights groups.
The Civil Liberties Bureau in the Ministry of Justice and the
Human Rights and Refugee Division in the Ministry of Foreign
Affairs monitor problems relating to human rights practices in
Japan.  The Civil Liberties Bureau also commissions private
citizens, nominated by prefectural governments, to investigate
charges of discrimination.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The position of women in society, although significantly
improved during the last few decades, continues to reflect
deep-seated traditional values that assign women a subordinate
role in the workplace.  Although discrimination by private
employers against women is prohibited by the Constitution, it
persists.  Legislation has been enacted over the past 30 years
to accord women the same legal status as men.  The Equal
Employment Opportunity Law of 1986 was aimed at eliminating sex
discrimination in such areas as recruitment, pay, and working
hours.  Yet the law does not expressly forbid discrimination;
it merely states that "employers should endeavor" to avoid it.
Under this law and other regulations, the Ministry of Labor
attempts to encourage corporate compliance with its objectives
by positive inducements, including subsidies; it does not
enforce compliance through fines or other punitive measures.
As part of their lower overall intake of new employees because
of recessionary pressures, some companies announced that they
would hire no women in 1994; other companies did not announce
such a policy but reduced the percentage of women hired for
entry-level positions.
Significant disparities in pay and access to managerial
positions persist for women, who comprise over 40 percent of
the employed population.  Several cases are pending which
challenge management's allegedly biased use of Japan's
two-track (general versus administrative) system in hiring
women employees.  Initially designed to create a "career" track
for employees while maintaining a separate "clerical" track,
observers say the system is used to discriminate against women,
who traditionally have not been hired for managerial
positions.  While the Labor Standards Law prohibits employers
from discriminating against women in wages, it does not ban
disproportionate hiring into different career tracks based on
gender.  A 1994 Ministry of Labor report noted that the average
wage of women workers is less than 60 percent of that of men
and that women account for only 4.1 percent of management posts
in the country.  An increasing number of women have filed
discrimination suits and have protested unfair hiring practices
of Japanese firms.
Public awareness of discrimination against women and sexual
harassment in the workplace has increased.  A growing number of
government entities are establishing hot lines and designating
ombudsmen to handle complaints of discrimination and sexual
harassment.  Nevertheless, sexual discrimination and
stereotyping in the workplace continue to be major problems for
women.
Violence against women, particularly domestic violence, often
may go unreported due to social and cultural concerns about
shaming one's family or endangering the reputation of one's
spouse or offspring.  Typically, victimized women more often
return to the home of their parents rather than file reports
with authorities.  Therefore, Ministry of Justice statistics on
violence against women undoubtedly understate the scope of the
current situation.  Many local governments are responding
positively to a need for confidential assistance by
establishing special women's consultation departments in police
and prefectural offices.
Recent immigration trends reflect the growing problem of
trafficking of Asian women to Japan.  While the number of
illegal male workers has decreased from its peak in November
1992, the number of illegal female workers continued to
increase.  Human rights groups estimate that over 60 percent of
illegal female immigrants work in occupations involving
prostitution.  The Government is working to reduce the foreign
prostitution problem by enforcing existing antiprostitution
laws as well as provisions in the Immigration Control and
Refugee Recognition Act directed against anyone "encouraging a
person to engage in illegal work."  Over the past year, police,
especially in Tokyo, have conducted a number of sweeps against
both foreign prostitutes and their employers.
In August 1993, the Japanese Prime Minister officially
acknowledged and apologized for the former Imperial
government's involvement in the Japanese army's practice of
forcing an estimated 200,000 women (including Koreans,
Filipinos, Chinese, Indonesians, Burmese, Dutch, and Japanese)
to provide sex to soldiers between 1932 and 1945.  Current
plans by the Government to atone for these abuses do not
include direct government compensation to surviving "comfort
women."  Two cases are pending in Tokyo District Court--one
brought by 3 Korean plaintiffs and the other by 18 Filipino
plaintiffs--seeking compensation for these abuses, but a
decision in these cases is likely to take years.
     Children
In general the rights of children are adequately protected.  In
recent years, however, more attention has been paid to the
problem of severe bullying, or "ijime," involving verbal or
physical abuse in middle and high schools.  Over 10,000 serious
cases of ijime are reported to the Ministry of Education
annually, although human rights organizations estimate that the
true number of such incidents is much higher.  In 1993, 92
children under the age of 14 committed suicide, many apparently
in response to ijime.  In an effort to cope with ijime, as well
as with other children's issues, the Ministry of Justice
established the Office of Ombudsman for Children's Rights in
August 1994.
     Indigenous People
The Ainu, a Caucasoid people descended from the first
inhabitants of Japan, now probably number less than 100,000;
almost all of them live on Hokkaido, the northernmost of
Japan's four main islands.  Their primary occupations are
hunting, fishing, and small-scale farming.  A law passed in
1899, the Former Aborigines Protection Act, left the Ainu with
only about 15 percent of their original landholdings.  Ainu
leaders continue to express grievances about this situation.
Meanwhile, the Ainu continue to face social discrimination
while engaging in an uphill struggle against complete
assimilation.  The Government has done little in response to
Ainu grievances.  An interagency study group opened hearings in
January 1990 with the stated goal of reviewing Ainu history and
making recommendations, but it has been largely moribund.  A
milestone was reached on October 13, 1994, when a Sapporo
district court defined the Ainu as a minority group.  However,
in November the Ainu failed in their attempt to obtain a court
ruling that they are an indigenous people with special land,
fishing, and cultural rights.
In July Shigeru Kayano became the first Ainu member of the Diet
when he gained a seat in the House of Councilors.  Kayano
declared his intent to promote Ainu rights legislation in the
Parliament, but immediate progress appears unlikely.
     National/Racial/Ethnic Minorities
The ethnocentric nature of Japanese society, reinforced by a
high degree of cultural and ethnic homogeneity and a history of
isolation from other cultures, has impeded the integration of
minority groups.  This primarily affects Burakumin, Koreans,
and alien workers, against whom social and legal discrimination
is widespread.
The Burakumin (descendants of feudal era "outcasts" who
practiced "unclean" professions such as butchering and
undertaking) are frequently victims of entrenched social
discrimination.  Their access to private housing, employment,
and marriage opportunities has been greatly restricted.
Beginning in 1969, the Government introduced with some success
a number of social, economic, and legal programs designed to
improve conditions for the Burakumin and hasten their
assimilation into mainstream Japanese society.  The Government
has extended basic legislation to provide funding for Burakumin
programs until 1997, but the Burakumin continue to lobby for a
new law that will expand current programs.  In recent years,
however, some within the Burakumin community have questioned
whether "assimilation" is an appropriate goal.
Despite improvements in Japan's legal safeguards against
discrimination, Korean permanent residents (most of whom were
born, raised, and educated in Japan and who are estimated to
number approximately 700,000) are still subject to various
forms of deeply entrenched social discrimination.  In 1994, as
Japanese concerns over North Korea's suspected nuclear
development program grew, verbal and physical attacks escalated
against pro-North Korean sympathizers until tensions decreased
in midyear.  Between April and July, over 120 such
incidents--mostly targeting Korean school students--were
alleged by the pro-North Korea Chosen Soren Residents'
Association.  The Ministry of Justice acknowledged 42 attacks
on Korean students as "human rights violations" as of June.
The Government in 1993 halted the fingerprinting of permanent
foreign residents.  (A Korean alien resident of Japan who lost
her permanent resident status because of her refusal to be
fingerprinted won an appeal to the Fukuoka High Court after the
law was repealed.)  Instead of fingerprinting, the Government
has established a family registry system that uses the
resident's picture and signature and contains information on
parents and spouses living in Japan, a system similar to that
used for Japanese nationals.  The current law leaves intact the
requirement that all foreign residents must carry alien
registration certificates at all times.
In recent years, the Government has enacted several laws and
regulations providing permanent resident aliens with equal
access to public housing and loans, social security pensions
for those qualified, and certain public employment rights.
Some immigrants reportedly face police harassment and
discrimination in obtaining housing, jobs, and health care.  In
recognition of the difficulties faced by foreigners in these
areas, Tokyo city has issued a law to prevent housing
discrimination against foreigners.  There have also been
efforts by the central and local governments to disseminate
information on health insurance plans to enroll foreigners into
the system.  Some communities are using existing social welfare
programs to cover emergency medical expenses incurred by
uninsured foreign visitors.
The January 1991 Memorandum Between the Japanese and South
Korean Governments extended employment rights to local
government positions, giving each locality the authority to
decide which jobs may be held by non-Japanese nationals.  Local
governments are also being urged by the Government to allow
Korean residents to take the Teacher Entrance Examination and
to employ them on a full-time basis.  Private-sector employment
and social discrimination are still common.  Antidiscrimination
laws affecting Korean residents were initiated as government
guidance and are not backed up by penalty provisions.  In the
first court test of Japan's antidiscrimination laws, in
September a second-generation Korean nurse sued the Tokyo
metropolitan government on the grounds that she had been
refused consideration for promotion because she is not
Japanese.  At year's end the case was still pending.
According to law, aliens with 5 years of continuous residence
are eligible for naturalization and the simultaneous
acquisition of citizenship rights, including the right to
vote.  In fact, however, most eligible aliens choose not to
apply for citizenship, in part due to fears that their cultural
identity would thereby be lost.  De facto obstacles to
naturalization include broad discretion available to
adjudicating officers and great emphasis on Japanese language
ability.
The Immigration Bureau of the Justice Ministry estimates that,
as of May 1994, there were 293,800 foreign nationals residing
illegally in Japan, a decrease of 1.6 percent from the previous
year.  Many are laborers from Southeast Asia, China, Iran, and
South Korea.
While many of Japan's illegally resident foreigners came in
search of better-paying manufacturing and construction jobs,
there are indications that these opportunities decreased during
Japan's economic slowdown.  Thus, more of the foreign workers
are unemployed or marginally employed.  Law enforcement sweeps
against illegal foreign workers have increased.  Activist
groups claim that, with little or no knowledge of the Japanese
language or of their legal rights, foreign workers can easily
be discriminated against by employers.  Some illegal alien
workers have been exploited.  The Government has tried to
reduce the inflow of illegal foreign workers by prosecuting
employers.  Recent revisions of the Immigration Law provide for
penalties against employers of undocumented foreign workers.
Suspected foreign workers may also be denied entry for
passport, visa, and entry application irregularities.  The
Government continues to study the foreign worker issue, and
several citizens' groups are working with illegal foreign
workers to improve their access to information on worker rights.
Japan has granted asylum in only a small number of cases to
those claiming fear of persecution upon return to their
homeland.  The Government believes that most people seeking
asylum in Japan do so for economic reasons.  According to the
Foreign Ministry, from 1982 to August 1994, Japan determined
that 206 of 1,109 applicants met the required standard for
asylum.  As for Chinese student dissidents, the Government has
shown flexibility in dealing with visa extensions, though it
continues to be reluctant to grant permanent asylum.
In March, in accordance with the Comprehensive Plan of Action
(CPA) developed in Geneva in 1989 by participating nations to
determine the refugee status of Indochinese asylum seekers, the
Government changed its position on screening procedures for
Vietnamese boat people--it will no longer conduct special
screening procedures for newly arrived boat people and will
treat them as it would all other illegal entrants to Japan.
Strict administrative procedures contribute to the roughly
20-percent rate of approval of asylum applications.  For
example, appeals of initial denials are reviewed by a separate
authority of the same body, and decisions are rarely
overturned.  Asylum seekers and some critics claim that the
processing of asylum applications is not readily
understandable, making it difficult for applicants to comply
with government procedures.  Also, the Government's "60-day
rule" requires applicants to appear at an immigration office
within 60 days of arrival or within 60 days of the time they
learn they are likely to be persecuted in their home country;
most asylum seekers arrive in Japan without knowledge of this
requirement and can inadvertently waive their claim by not
acting promptly.  In an effort to make procedures clearer to
applicants, the Government has revised the English-language
pamphlet it distributes to those interested in the asylum
process.
JAPAN2
TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
     People with Disabilities
Japan has no national law protecting the rights of the
disabled, including access and employment, but some prefectures
and cities have enacted their own legislation addressing the
issue.  Despite growing awareness of the issue, access to
public transportation, "mainstream" public education, and other
facilities is often quite limited for the disabled in Japan.
Section 6  Worker Rights
     a.  The Right of Association
The right of workers to associate freely in unions is assured
by the Constitution.  Approximately 24 percent of the active
work force belongs to unions.  Unions are free of government
control and influence.  The Japanese Trade Union Confederation
(RENGO), which represents 8 million Japanese workers and was
formed in 1989 through the merger of several confederations, is
Japan's largest labor organization.  There is no requirement
for a single trade union structure, and there are no
restrictions on who may be a union official.  Members of the
armed forces, police, and firefighters, however, are not
permitted to form unions or to strike.  Most unions are
involved in political activity as well as labor relations but
are not controlled by political parties.
Unions are active in international bodies, most notably the
International Confederation of Free Trade Unions, and maintain
extensive international contacts.  The right to strike,
implicit in the Constitution, is exercised.  During 1993,
116,000 worker days were lost to strikes.  Japanese laws
prohibit retribution against strikers and are effectively
enforced.  Public employees do not have the right to strike,
although they do have recourse to mediation and arbitration.
The Government determines the pay of government employees based
on a recommendation by the independent National Personnel
Authority.
     b.  The Right to Organize and Bargain Collectively
The Constitution gives unions the right to organize, bargain,
and act collectively.  These rights are exercised freely, and
collective bargaining is practiced widely.  The annual "Spring
Wage Offensive," in which individual unions in each industry
conduct negotiations simultaneously with their firms, involves
nationwide participation.  Japanese management usually consults
closely with its enterprise union.  However, trade unions are
independent of management and aggressively pursue the interests
of their workers.  Antiunion discrimination is prohibited by
law and adequate mechanisms exist for resolving such cases as
do exist.  A high-profile example still pending concerns the
privatization of the national railway system in 1986.  The East
Japan Railway Company and some of the other private successor
companies of the Japan National Railway refused to offer
employment to thousands of former employees who were union
members.  Fourteen cases related to this matter have been filed
with the Central Labor Commission.  Two have been decided in
favor of the workers but are under appeal by management, and
the other 12 were still pending at year's end.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Standards Law prohibits the use of forced labor, and
there are no known cases of forced or compulsory labor.
     d.  Minimum Age for Employment of Children
Under the revised Labor Standards Law of 1987, minors under 15
years of age may not be employed as workers, and those under
the age of 18 years may not be employed in dangerous or harmful
work.  The Labor Inspection Division of the Ministry of Labor
rigorously enforces child labor laws.
     e.  Acceptable Conditions of Work
The Minister of Labor or the Director of the Prefectural Labor
Standards Office administratively determines minimum wages,
based usually on the recommendation of the Tripartite Minimum
Wage Council.  Minimum wage rates vary by industry and region.
In the Tokyo area, a steelworker's rate is $6.25 (620 yen) per
hour.  The wage rates are sufficient to provide workers and
their families with a decent living.  Amendments to the Labor
Standards Law provided for the phased reduction of maximum
working hours in most industries from the 44-hour, 6-day
workweek to 40 hours in 1994.
The Ministry of Labor effectively administers various laws and
regulations governing occupational health and safety, principal
among which is the Industrial Safety and Health Law of 1972.
Standards are set by the Ministry of Labor and issued after
consultation with the Standing Committee on Safety and Health
of the Tripartite Labor Standards Commission.  Labor inspectors
have the authority to suspend unsafe operations immediately,
and the law provides that workers may voice concerns over
occupational safety and remove themselves from unsafe working
conditions without jeopardizing their continued employment.
JORDAN1
AxAxTITLE:  JORDAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           JORDAN
The Hashemite Kingdom of Jordan is a monarchy.  Its
Constitution concentrates a high degree of executive and
legislative authority in the King, who determines domestic and
foreign policy.  The Prime Minister and Cabinet manage the
daily affairs of government.  The Parliament, which consists of
a 40-member Senate appointed by the King, and an 80-member
Chamber of Deputies elected by the people, is relatively weak
and not an effective check on executive authority.
The General Intelligence Directorate (GID) and the Public
Security Directorate (PSD) share responsibility for maintaining
internal security and have broad authority to monitor the
activities of persons believed to be security risks.  They
continue to be implicated in human rights abuses.  The
Government revoked martial law in 1991, but important aspects
of martial law remain, such as broad police powers.
Jordan has a mixed economy with significant government
participation in industry, transportation, and communications.
Jordan has few natural resources and is financially dependent
on foreign assistance and remittances from Jordanian nationals
working abroad.  Because of the Government's policies during
the Gulf War, Arab countries in the Gulf discontinued financial
aid.  The economy has been buffeted by high unemployment and
inflation, and a sharp reduction of exports to Iraq due to
United Nations sanctions.
Human rights abuses include arbitrary arrest; mistreatment of
detainees; prolonged detention without charge; lack of due
process; official discrimination against adherents of the
Baha'i faith; and restrictions on women's rights.  Citizens do
not have the right to change their form of government, although
in recent years, the King has taken some steps to increase
participation in the political system.  In 1992 the Government
legalized the establishment of political parties and has
licensed 23 parties to date.  The parliamentary elections held
in 1993 were free and fair.  Voters may elect municipal
officials and the lower house of Parliament, but overall
decisionmaking authority remains with the King.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
          Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Legal Code guarantees prisoners the right to
humane treatment, security forces continue to abuse detainees
physically during interrogation.  Torture allegations are
difficult to verify because security officials frequently deny
detainees timely access to lawyers.  The most frequent alleged
methods of torture include sleep deprivation, beatings on the
soles of the feet, and extended solitary confinement.
Defense lawyers for 25 Islamists, called the "Arab Afghans" who
were tried in a military court for "attempting to destabilize
the country," claimed that security officers tortured their
clients during pretrial detention from January to August 1994,
and that their clients confessed under "duress".  The court
questioned each defendant about allegations of mistreatment.  A
number said that security officials had "hit" them but were
unable to identify them.  The Court permitted doctors to
testify about the defendants' physical condition.  However, the
doctors were not able to examine the defendants until months
after the alleged beatings, and were unable to determine the
cause of the defendants' injuries.
     d.  Arbitrary Arrest, Detention, or Exile
The Criminal Code requires legal authorities to file formal
charges within 10 days of arrest.  The courts routinely grant
prosecutors' requests for 15-day extentions of detention as
provided by law, thereby extending the period of pretrial
detention.  If a suspect is detained for a long period, which
generally happens only in state security cases, the authorities
often do not provide defendants with the written charges against them
or access to legal counsel until shortly before
trial.
In 1994 the police arrested approximately 70 Islamists as
suspected security risks, including 40 in a roundup in the
northern city of Salt.
The Constitution prohibits exile, and the Government does not
resort to it.
     e.  Denial of Fair Public Trial
Defendants are sometimes denied the right to fair trial in
state security cases.  The judicial system consists of civilian
courts, which hear most criminal cases; the Appeals Courts
(including the Court of Cassation); the Supreme Court; the
State Security Court, which hears a range of offenses including
sedition, armed insurrection, financial crimes and drug-related
offenses; religious courts; and special courts, including one
that has jurisdiction in disputes with government agencies.
In the civilian courts, most trials are open.  Defendants are
entitled to legal counsel, may challenge witnesses, and have
the right to appeal.  Defendants facing the death penalty or
life imprisonment must be represented by legal counsel.
Islamic, or Shari'a, Courts have jurisdiction over marriage and
divorce among Muslims and inheritance cases involving both
Muslims and non-Muslims (see Section 5).
Panels of three judges, who may be either civilian or military
judges, hear trials in the State Security Court.  Currently,
only military judges are assigned to the Court.  Although
trials in the State Security Court are open to the public, in
practice the Court has restricted the attendance of
journalists, family members of the defendants, and diplomatic
observers.
Authorities hold defendants tried in the State Security Court
for extended periods in pretrial detention without access to a
lawyer.  Defense attorneys in the Arab Afghan case complained
that the Court did not give them sufficient time to prepare a
defense because they were prevented from meeting with their
clients until 2 days before the opening of the trial (see below
and Section 1.c.).  However, the Government permitted
representatives of the International Committee of the Red Cross
(ICRC) to visit the defendants while they were in pretrial
detention.  Although State Security Court judges inquire into
allegations of torture and permit the testimony of physicians
regarding these allegations, the Court has not to date
invalidated a defendant's confession because it was obtained
under torture or duress.
Defendants in the State Security Court have the right of appeal
to the Court of Cassation, which is authorized to review the
testimony, evidence, and judgment.  These appeal procedures are
being tested in the "Mu'tah" and Arab Afghan cases.  In the
Mu'tah case, which was tried from September to December 1993,
the State Security Court found all 10 defendants guilty of
plotting to assassinate the King.  It sentenced the ringleader
to death, two other defendants to life imprisonment, and the
remaining seven to long periods of hard labor.  The Court of
Cassation was reviewing the case at year's end.
The State Security Court began the trial of the Arab Afghans on
August 27 and handed down verdicts on December 21.  The Court
sentenced 11 defendants to death by hanging, 7 to various
prison terms with hard labor, and acquitted the remaining 7
defendants of all charges.  It sentenced three defendants in
abstentia.  The verdicts were in appeal before the Court of
Cassation at year's end.
The Government does not detain political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The police must obtain a warrant from the Prosecutor General or
a judge before conducting searches in most cases.  However, in
security cases, authorities sometimes, and in violation of the
law, obtain warrants retroactively or obtain preapproved
warrants.  Security officers reportedly monitor telephones,
read correspondence, and engage in surveillance of persons that
allegedly pose a threat to the regime.  While these practices
are not believed to be widespread, the law permits them if the
Government obtains a court order.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the freedoms of speech and the
press, and citizens in general openly criticize the
Government.  However, the Press and Publications Law of 1993
restricts coverage of 10 subjects, most notably the military
services, the royal family, and monetary policy.
The Government exercises control over the print media by
requiring licenses for newspapers and periodicals.  However,
the Press and Publications Law of 1993 restricts coverage of 10
subjects, most notably the military services, the royal family,
and monetary policy.  However, the law does not prescribe
penalties for publishing without a license, and no such case
has yet arisen.  The Government may revoke a license only if a
company fails to publish for an extended period of time.  The
law eased licensing requirements.  Since enactment, the
Government has licensed 12 weeklies, 2 dailies, and 4 research
centers.  The Government requires licenses for journalists,
editors, and publishers.  Journalists have long complained
about the requirement that they must join the
government-sponsored Jordan Press Association.  However, the
Government has not taken legal action against journalists who
refuse to join the Association.  The press law offers limited
protection for the confidentiality of a journalist's sources.
The Penal Code authorizes the State to take legal action
against any person who incites violence, defames "heads of
state," disseminates "false or exaggerated information outside
the country which attacks state dignity," or defames public
officials.
Although the press law ended censorship, most journalists
censor themselves.  Journalists accused of violating the law
are tried in a special court for press and copyright cases.
Approximately 30 cases relating to freedom of the press were
pending in that court as of November.
In May a journalist and an editor of the daily English-language
Jordan Times were fined JD 300 (approximately dollars 430) for
reporting that defendants in the Mu'tah trial claimed that
security officers had tortured them while in detention.  In
June the former editor and a journalist of the weekly Al-Ahali
were also fined the same amount for reporting the same
allegations.  The defendants in both cases have appealed.
The Government does not usually interfere with the importation
of foreign newspapers and magazines.  However, in 1994 the
Ministry of Information prevented the entry into Jordan of some
Arab publications, including a Lebanese periodical which was
embargoed twice, purportedly for containing material regarded
as morally offensive or critical of the royal family.
In March the Minister of Information announced that, if asked,
he would not permit the public screening of the American film,
"Schindler's List."  Movie distributors did not request such
permission, and the film was not shown.  However, the film is
available in pirated videocassette format.  The Government has
not taken steps to seize copies or otherwise block distribution
of the tape.  The government-appointed Film Censorship Council
prohibited showings of the Egyptian film, "The Terrorist," on
grounds that it might encourage extremist violence.
The Government owns the radio and television companies, and
radio and television news is more restricted than print media.
Television news airs criticisms of the Government but rarely
covers alleged human rights abuses.  All political parties
generally have access to broadcast facilities, but the cost of
air time is prohibitively high.  In the 1993 elections, the
Government determined that no party would be given access to
television because not all parties could afford the expense.
International cable television programs are widely available by
satellite from local vendors.
In the past, some leftist and Islamist university professors
were dismissed for advocating extremist political views.
Although there have been no known dismissals since the late
1980's, intellectuals believe that there are no safeguards to
prevent future dismissals.
     b.  Freedom of Peaceful Assembly and Association
Citizens must obtain permits for any public gatherings.  The
Government has granted permits for peaceful demonstrations
since 1989.  The Government routinely licenses political
parties and to date has licensed 23 parties.  It is illegal to
participate in an unlicensed party.  The High Court of Justice
may dissolve a party on application of the Minister of Interior
if the party violates the Constitution or the political
parties' law.  The Government has no discretion to deny a
license to a party that submits a complete application,
including names of the founders, financial information, and
bylaws.
     c.  Freedom of Religion
According to the Constitution, Islam is the state religion.
Sunni Muslims constitute over 90 percent of the population.
The Government does not interfere with the public worship of
Jordan's Christian minority.  The Government does not recognize
the Baha'i faith as a religion but does not prohibit the
practice of the faith.
The law prohibits non-Muslims from proselytizing.  Muslims who
convert to other faiths complain of social and government
discrimination.  The Government does not fully recognize the
legality of such conversions.  Under Islamic law, converts are
regarded as apostates and may, in principle, be legally denied
their property and other rights, although this does not
happen.  Converts from Islam do not fall under the jurisdiction
of their new religion's laws in matters of personal status and
are still considered Muslims under Shari'a law.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel abroad and within Jordan, except in
and through military areas.  The law requires that Jordanian
women and foreign women married to Jordanians must obtain
written permission from a male guardian to travel abroad or
apply for a passport.  This requirement is normally enforced
only when a married woman plans to travel abroad with
children.  Legal authorities will enforce requests from fathers
to prevent their children from departing the country, even when
traveling with their mothers.
Many Palestinian residents are Jordanian citizens--with all the
rights of citizenship.  The Government authorizes other
Palestinians to carry Jordanian travel documents.  Palestinians
must obtain permits from the Ministry of Interior for travel
between the East Bank and the Israeli-occupied territories and
neighboring states.  The permits are routinely granted.  In May
the Government eased travel restrictions on Palestinians,
allowing residents of the Occupied Territories to enjoy
unlimited residence and travel in Jordan.
Over 1.2 million Palestinian refugees are registered with the
United Nations Relief and Works Agency.  The Government
cooperates with the United Nations High Commissioner for
Refugees in assisting refugees.  There have been no reports
that the Government has expelled anyone with a valid claim to
refugee status.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have any meaningful ability to change their
system of government given that executive and legislative
powers are concentrated in the hands of the King.  He has sole
discretionary authority to form and dismiss the Cabinet,
dissolve Parliament, and to establish the broad parameters of
public policy.  Appointments made by the King to high
Government posts do not require legislative approval.  The
Prime Minister and the Cabinet have limited policymaking powers.
The Parliament is composed of a Senate appointed by the King
and a Chamber of Deputies elected by the people.  Of the 80
seats in the Chamber, 9 are reserved for Christians, 6 for
bedouins, and 3 for Circassians or Chechens, which are ethnic
minorities.  The Parliament is empowered to approve, reject, or
amend legislation proposed by the Cabinet.  In practice,
Members of Parliament ask the Government to submit specific
legislation for consideration.  The King may propose
extraordinary sessions of Parliament and may postpone regular
sessions up to 60 days.  The King must approve by decree all
laws passed by Parliament.  If the Government amends or enacts
a law when Parliament is not in session, it must submit the law
to Parliament for consideration during the next session.
At year's end, 6 of 31 ministers and 11 of 80 parliamentarians
are of Palestinian descent.  This representation is in large
part the result of an electoral system which gives greater
representation to south Jordan, which has few inhabitants of
Palestinian origin.  Women have the right to vote.  Three women
ran for Parliament in the 1993 election; one was was elected to
a seat reserved for Circassians.  Women's groups encouraged
women to vote, and in the Amman area, nearly half of those who
voted were women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local and international human rights groups investigate
allegations of human rights abuses and have published and
disseminated findings critical of government policy.  However,
the press and publications law restricts the publication of
information about the military and security services, which, in
effect, prevents the publication of torture reports and other
abuses allegedly committed by the security services.
The Arab Organization for Human Rights and the Amman-based
Peace Center for Humanitarian Studies are registered with the
Government and have raised human rights cases in public and in
private with government officials.  Both organizations have
drawn public attention to alleged human rights abuses and have
pressed the Government to explain the status of some prisoners
and to charge or release the prisoners promptly.  The Bar
Association also raises human rights concerns regarding the
application of the law and due process.  The Government grants
the ICRC access to detainees and prison facilities.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women experience legal discrimination in matters of pension and
social security benefits, inheritance, divorce, and the value
of testimony in court (see Section 1.e.).  Under Islamic law,
or Shari'a, female heirs receive half the amount of a male
heir's inheritance, while the non-Muslim widows of Muslim
spouses have no inheritance rights.  A sole female heir
receives half her parents' estate; the balance goes to
designated male relatives.  A sole male heir inherits all his
parents' property.  Male Muslim heirs have the duty to provide
for all family members who need assistance.  Under Shari'a law,
the testimony of two women is required to equal the testimony
of one man.  This technically applies only in religious courts
but is sometimes imposed in civil courts as well, irrespective
of religion.  Men are able to obtain divorce more easily than
women under Islamic law.  Marriage and divorce matters for
Christians are adjudicated by special courts for each
denomination.
The Government provides males with more generous social
security benefits than those for women.  The Government
continues pension payments of a deceased male civil servant to
his heirs, but it discontinues the pension payments of a
deceased female civil servant.
By law, a married woman requires her husband's permission to
obtain a passport.  Married women do not have the legal right
to confer citizenship on their children.  However, they may
confer citizenship on their non-Jordanian husbands who then may
obtain citizenship for the children.  Civil law grants women
equal pay for equal work, but in practice this law is sometimes
ignored.
Social pressure against women pursuing a career is strong.
Nonetheless, women have employment opportunities in many
professions, including engineering, medicine, education, and
law.  Women's groups stress that the problem of discrimination
is not only one of law but also of women's lack of awareness of
their rights or unwillingness to assert those rights.  The
Jordanian chapter of the Business and Professional Women's Club
gives seminars on women's rights and assists women in
establishing small businesses.
Medical experts acknowledge that spousal violence against women
occurs.  Cultural norms constrain victims from seeking medical
or legal help and frustrate a scientific assessment of the
extent of the abuse.  Abused women have the right to file a
complaint in court against their spouses, but in practice,
familial and societal pressures discourage them from seeking
legal remedies.  Nongovernmental organizations provide
assistance to victims of domestic violence.  Wife beating is
technically grounds for divorce, but the husband may seek to
demonstrate in court that the beating occurred because the wife
was irreligious or did not obey him.  This defense stems from a
Koranic injunction to hit an irreligious or disobedient wife,
not to injure her but to show her the error of her ways.  It is
within the discretion of a Shari'a Court judge to deny a
divorce in such cases.
The Criminal Code stipulates a sentence of 1 year for persons
found guilty of committing a "crime of honor"--which is the
murder of a female, usually by a male relative, for alleged
sexual misconduct.  Even if the defense cannot meet the
stringent condition to plead a crime of honor defense--the
defendant must have witnessed the female victim engaging in
intercourse--offenders rarely spend more than six months to two
years in prison.  By contrast, the penalty for murder is 15
years.  Women may not invoke the crime of honor defense for
murdering a male relative under the same circumstances.  The
law restricts a crime of honor to "he who surprises his wife or
any close female relative committing adultery."
     Children
Although the law prohibits children under the age of 16 from
working, child street peddlers may be observed on the streets
of Amman.  The Ministry of Social Development has a committee
to address the problem and in most cases removes the children
from the streets, returns them to their families, and provides
the families with a monthly stipend.  Corporal punishment in
schools is prohibited.  Although social workers say there is a
significant incidence of child abuse within families, the
problem is difficult to quantify.
     National/Racial/Ethnic Minorities
The Government has granted full citizenship to all Palestinians
who fled to Jordan in the period after the 1948 Arab-Israeli
war and to a large number of refugees who arrived after the
1967 war.  However, refugees who fled Gaza after 1967 are not
entitled to citizenship and are issued only limited-validity
passports.
Palestinians suffer disproportionate scrutiny in taxation and
discrimination in the award of university scholarships and
appointments to senior positions in the Government and the
military.
     Religious Minorities
The Government does not recognize the Baha'i faith as a
religion.  It does not record the religion on national identity
cards issued to Baha'is, nor does it register property
belonging to the community.  Unlike Christian denominations,
the Baha'i community does not have its own court to adjudicate
personal status and family matters.  Baha'i personal status
matters are heard in Islamic law courts.
The Government does not officially recognize the Jehovah's
Witnesses, the United Pentecostal Church, the Church of Christ,
and the Church of Jesus Christ of Latter-Day Saints, but they
conduct their activities without harassment.
Established religions require official government recognition
in order to register property in the name of the church, but
members may practice their religion without government
recognition.  In general, Christians do not suffer
discrimination.  Christians hold cabinet and other government
positions and are represented in the media and academia
approximately in proportion to their presence in the general
population.  In the military, Circassians are overrepresented
in certain units.  Christian and Baha'i schoolchildren in
public schools are not required to participate in Islamic
religious instruction.
     People with Disabilities
The Government passed legislation in 1993 requiring future
public buildings to accommodate the needs of the disabled and
the retrofitting of existing public buildings, but
implementation has been slow.  High unemployment in the general
population restricts job opportunities for the disabled.
Private organizations and members of the royal family actively
promote programs to educate and rehabilitate the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Workers in the private sector and in some state-owned companies
have the right to establish and join unions.  Unions must be
registered to be considered legal.  The law prohibits union
membership for noncitizens.  About 25 percent of the work force
is organized into 17 unions.  Although union membership in the
Jordan Federation of Trade Unions (JFTU), the sole trade
federation, is not mandatory, all unions belong it.  The
Government subsidizes and audits the JFTU's salaries and
activities.  Union officials are elected by secret ballot to
2-year terms.  Although the Government co-sponsors and approves
the timing of these elections, it does not interfere in the
choice of candidates.  Unions may not affiliate with
international bodies.
Labor laws prohibit strikes if a labor dispute is under
mediation or arbitration.  If a settlement is not reached
through mediation, the Ministry of Labor may refer the dispute
to an industrial tribunal by agreement of both parties.  If
only one party agrees, the Ministry of Labor refers the dispute
to the Council of Ministers and then to Parliament.  The
tribunal is an independent arbitration panel of judges
appointed by the Ministry of Labor.  The decisions of the panel
are legally binding.  Labor law prohibits employers from
dismissing a worker during a labor dispute.  There were no
known strikes in 1994.
     b.  The Right to Organize and Bargain Collectively
Unions have, and exercise, the right to bargain collectively.
The Constitution prohibits antiunion discrimination, but the
International Confederation of Free Trade Unions claims that
the Government does not adequately protect employees from
antiunion discrimination, and that the Government has dismissed
public-sector employees for political reasons.  Workers may
lodge complaints about antiunion discrimination with the
Ministry of Labor, which is authorized to order the
reinstatement of employees discharged for union activities.
The Ministry has done so in three out of eight cases in 1993-94.
The national labor laws apply in the free trade zones in Aqaba
and Zarqa.  Private sector employees in these zones belong to
one national union that covers both zones and have the right to
bargain collectively.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids compulsory labor, except in a state of
emergency such as war or natural disaster.  Compulsory labor is
not practiced.
     d.  Minimum Age for Employment of Children
Labor law forbids children under the age 16 from working except
as apprentices, beginning part-time training--6 hours a day, no
night shift--at age 13.  Ministry of Labor inspectors attempt
to enforce the law on child labor, but in practice the
enforcement often does not extend to some small family
businesses which employ underage children.  Education is
compulsory to age 15.  Families in remote areas frequently keep
some school age children at home to work.
     e.  Acceptable Conditions of Work
There is no national minimum wage.  The Government periodically
adjusts a minimum wage schedule for various trades, based on
recommendations of an advisory panel representing workers,
employers, and the Government.  The lowest minimum wage rate on
the schedule is about $140 a month, including allowances.
Workers earning the lowest wage find it difficult to stay above
the poverty level, which the Government estimates at a monthly
wage of about $86 per month for a family of three.
The law prohibits most workers from working more than the
customary 48 hours a week--54 hours for hotel, restaurant, and
cinema employees.  Workers may not work more than 16 hours in
any continuous period or more than 60 hours' overtime per
month.  Employees are entitled to 1 day off each week.  The law
does not apply to domestic servants, who do not have a legal
forum to address their labor grievances.  Domestic servants,
almost all of whom are foreigners, have no standing to sue in
court for nonpayment of wages.
The law specifies a number of health and safety requirements
for workers, including the presence of bathrooms, drinking
water, and first aid equipment at work sites.  The Ministry of
Labor makes an effort to enforce health and safety
requirements, but is hampered by the lack of qualified
inspectors.  The inspectors do not have the power to order
firms to comply with health and safety standards.  The law does
not require employers to report industrial accidents or
occupational diseases to the Ministry of Labor.
KAZAKHST1
eTITLE:  KAZAKHSTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           KAZAKHSTAN
In its third year of independence, Kazakhstan continued to
grapple uncertainly with the task of shedding Soviet-era
authoritarian political institutions and a centralized command
economy.  President Nursultan Nazarbayev, in his third year of
a 5-year term in office, remained the leading political figure
in the country and sought to bolster his position in multiparty
elections in March for the Supreme Soviet (legislature) and
local councils.  The elections were seriously compromised by
fraud and judged by international observers as not free and
fair.  Nevertheless, the Supreme Soviet's independence as a
separate branch of government was strengthened by some
reformist deputies and by conservatives who showed loyalty to
regional interests.  It rejected certain economic and social
policies as well as some appointees put forward by the
President.  In October, blaming top ministers for poor progress
on economic reform, Nazarbayev replaced Cabinet members with a
largely younger and more reformist group.
The Ministry of Internal Affairs supervises the criminal
police, who are poorly paid and corruptible.  The Committee for
National Security (KNB) sought to legitimize its role by
focusing on efforts to counter terrorism, organized crime, and
official corruption.  Efforts to build a small, modern army
were impeded by the shortage of funds, the flight of ethnic
Russian officers to Russia, and continued brutal hazing of
conscripts.
Kazakhstan is rich in natural resources, such as oil and
minerals, but its state-dominated economy continued to decline
sharply in 1994, with high inflation, falling production, and a
budget deficit of one-tenth of the gross domestic product.
Agricultural production remained largely collectivized.
Bureaucratic restraints, high taxes, and rampant government
corruption hampered the small but dynamic private sector.
Privatization, a vital necessity for economic recovery and
growth, gained momentum, but abuses and lack of openness led to
strong public concerns.  While general macroeconomic
stabilization came in 1994, faster microeconomic, or
structural, reforms are needed.
Massive fraud in the March elections effectively deprived
citizens of the right to change their government (see Section
3).  The Government turned over Uzbek dissidents to security
forces of the Government of Uzbekistan (see Section 1.d.).
Criminal police continued to beat some detainees and search
homes without warrants, and prison conditions deteriorated
further due to budget restrictions.  Freedom of the media is
extensive, and the press frequently criticized the Government
despite government control of printing facilities and
supplies.  Freedoms of assembly and religion were generally
respected, but the Government refused to register associations
and political parties based on ethnic and religious criteria.
The "propiska" system of permits for residence in the capital
is still used to restrict internal freedom of movement.
Although Kazakh discrimination against non-Kazakhs continued,
such practices decreased as ethnic Slavs became more vocal.
Domestic violence against women continued.  While seeking to
become somewhat more independent and critical of the
Government, state-sponsored unions continued to subject
independent trade unions and their members to harassment and
pressure.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the law prohibits these practices, there were credible
reports that police beat and otherwise treated detainees
abusively to obtain confessions.
Prison conditions deteriorated further in 1994 due to
diminishing budget resources and an increase in the number of
persons incarcerated.  According to human rights groups, in one
Almaty prison, for example, 3,900 prisoners occupied a facility
designed for 1,800.  The prison diet is inadequate.  Prisoners
are allowed to receive only one visit every 6 months, but
additional visits may be granted in emergency situations.
Juveniles are kept in separate facilities.
According to press reports and human rights observers,
inadequate diet and medical supplies have led to outbreaks of
tuberculosis and dystrophy in many of Kazakhstan's prisons.
Lice and scabies are common.  Some 40 prisoners in Karaganda
and 35 in Atyrau reportedly died from conditions aggravated by
malnourishment and lack of basic medical treatment.  Prison
guards, who are poorly paid, steal food and medicines from the
prisons, leaving little for the prisoners.  Violent crime among
prisoners is routine.  There was an unconfirmed report of
cannibalism in a prison in Semipalatinsk in which five
prisoners killed and ate a cell mate.
According to the Kazakhstan-American Human Rights Bureau, there
were 85,000 prisoners in Kazakhstan in 1994, of whom 6,000
suffered major illnesses because of inadequate diet and
sanitation.  About 1,150 prisoners died of those illnesses
during the year.
     d.  Arbitrary Arrest, Detention, or Exile
Because of the slow pace of legal reform, Kazakhstan continued
to use the Soviet legal system, with some modifications, in
1994.  The law sanctions pretrial detention.  Prosecutors issue
arrest warrants.  According to the Criminal Procedure Code,
police may hold a detainee for 3 days before bringing charges.
After 3 days, police may continue to hold the detainee with the
approval of a prosecutor, but no longer than 10 days without
bringing charges.  In practice, however, police routinely hold
detainees for more than the legal 10-day limit.
The maximum length of pretrial detention is 1 year.  Pretrial
detainees comprised about 30 percent of the total prison
population in 1994.  Detainees are not held incommunicado.
Defendants in criminal cases have the right to choose an
attorney and to appeal the legality of their arrest to the
prosecutor before trial.  If the defendant cannot afford an
attorney, the State will provide one free of charge.  There is
no provision for bail; defendants remain incarcerated until
trial.  Some lawyers fear reprisals if they represent a client
unpopular with the Government, but there were no reports of
such reprisals in 1994.  Many lawyers, nevertheless, remain
reluctant to defend clients of whom the Government is
suspicious.
There were instances of arrest without the filing of specific
charges. In May the Government arrested 3,000 to 4,000 people
in what it announced was an emergency measure against crime.
Ninety percent were eventually released without being charged.
In 1994 members of Uzbekistan's security services in two
instances attempted to arrest Uzbek dissidents in Kazakhstan.
The first occurred in May during a human rights conference in
Almaty when Uzbek security agents openly sought Uzbek
dissidents at their hotels.  The Government reacted swiftly,
publicly announcing that the Uzbek agents had been located and
that they had departed, and that it would guarantee the safety
of all those attending the conference.
The second incident occurred in June when the Uzbekistan
Government, acting under the Minsk Convention of the
Commonwealth of Independent States (CIS) on cooperation among
the security services of CIS member states, requested the
arrest of two Uzbek dissidents, Murat Dzhurayev and Dzhakhangir
Mametov, on charges of murder.  Kazakhstani authorities
permitted Uzbek agents to arrest Dzhurayev and another Uzbek
dissident, Erkin Ashurov (but not Mametov), and take them to
Uzbekistan.  Once in Uzbekistan, Uzbek authorities dropped the
murder charges and instead charged the two with distributing
illegal literature and conspiring to overthrow the Government
of Uzbekistan.  In August the Uzbekistan National Security
Service asked the Kazakhstani KNB to interrogate four
Kazakhstani citizens whose names were found among belongings of
the arrested dissidents.  The KNB interrogated the four but did
not arrest or otherwise harass them.  Kazakhstani human rights
groups and several Supreme Soviet deputies protested the
interrogations.
     e.  Denial of Fair Public Trial
Government interference and pressure compromise the court
system's independence.  During the campaign for the March
Supreme Soviet elections, local officials in a number of areas
around the country pressured local courts to rule against
opposition candidates who contested the refusal of local
election commissions to register them as candidates.  Several
independent trade unions have claimed that local courts often
rule against them and that they can expect a fairer hearing if
they appeal to a higher court.
There are three levels in the court system:  the local level,
the oblast (province) level, and the Supreme Court.  The
President recommends nominees for the Supreme Court for Supreme
Soviet approval.  Heads of oblasts recommend nominees for
oblast soviet (council) approval.  Regional or city councils
elect, at least nominally, lower level judges.  Judges are
appointed for 10-year terms.  The Constitutional Court,
established in 1992, interprets the Constitution, resolves
legal conflicts between oblasts, and rules on interethnic
problems.  The law provides for due process, including the
right to a public trial, the right to counsel, the right to
call witnesses for the defense, and the right to appeal a
decision to a higher court.
Local courts try less serious crimes, such as petty theft and
vandalism (hooliganism, in the old terminology).  Oblast-level
courts handle more serious crimes, such as murder, grand theft,
and organized criminal activities.  The oblast courts may
handle cases in rural areas where no local courts are
organized.  Judgments of the local courts may be appealed to
the oblast-level courts, while those of the oblast courts may
be appealed to the Supreme Court.  A special arbitration court
handles disputes between state enterprises.
There were no known political prisoners in 1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The KNB and Ministry of Internal Affairs, with the concurrence
of the Procuracy, may arbitrarily interfere with privacy,
family, home, and correspondence, a legacy of Soviet rule.  The
law requires criminal police, who remain part of the internal
security structure, to obtain a search warrant from a
prosecutor before conducting a search, but they sometimes
search without a warrant.  There were credible reports in 1994
that police occasionally planted evidence.
The KNB has the right to monitor telephone calls and mail, but
under the law it must inform the Procuracy within 3 days of
such activity.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution and the 1991 press law provide for freedom of
the press.  The Government continued to own and control
printing and distribution facilities and to subsidize
periodicals, including many supposedly "independent" ones.
However, the opposition press, while dependent on government
control of printing supplies, was not subject to intimidation
or harassment.  Although self-censorship continued, some print
media increasingly criticized Supreme Soviet and presidential
decisions, the Government's performance, and official
corruption.  The independent newspaper, Karavan, was
particularly successful in expanding its circulation (to about
300,000) and sharply criticized many government policies and
actions.  Most political opposition groups issue their own
publications.
There are many radio and television companies, both
governmental and private, but the Government controls
broadcasting facilities.  In April President Nazarbayev
restructured state television and radio into a corporation,
which encouraged independent stations to join it in exchange
for national broadcast time.  Fearing government control,
leaders of independent television and radio immediately
objected to joining the corporation.  Their opposition, in
which some members of Parliament and even the Ministry of Press
and Mass Media joined, was strong enough to prevent the
corporation from gaining control over the independents.
During the parliamentary election campaign in the winter and
early spring of 1994, the television station Telemax went off
the air for several days when local authorities, upset by
broadcasts critical of Almaty's mayor and other city officials,
shut off electricity to the station.  The station owners moved
to an undisclosed location and continued to broadcast criticism
of the local authorities.  Later in the spring, when the
independent television station from which Telemax had purchased
broadcast time expanded its programming and took back the
broadcast time, Telemax went off the air, but its affiliate
radio stations continue to broadcast news critical of local and
national government.
Laws insulting the President and Supreme Soviet deputies remain
on the books, but according to government officials the
provisions for punishment for "insulting" have been dropped.
No one was prosecuted for "insulting" in 1994.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, but there are some significant restrictions.
Local authorities must approve a demonstration 10 days in
advance, or else they consider it illegal.  The court sentenced
five organizers of a demonstration outside the Supreme Soviet
in May to 3- to 15-day jail terms for organizing an illegal
demonstration.
To participate in elections, a political party must register
with the Government.  To register, a party must submit a list
of at least 3,000 members from a minimum of 11 (out of 19)
different oblasts.  The list must provide personal information
about the members, including date and place of birth, address,
and place of employment.  Submitting such personal data to the
Government recalls for many Kazakhstanis old-style KGB tactics
and inhibits them from joining parties.  The nationalist and
pan-Turkic Alash Party and the Social Democratic Party have
refused to register on the principle that they should not have
to submit personal information about their members to the
Government.  Members of unregistered parties may run for
elected office as individuals but not as party members.
Organizations or movements that conduct public activity, hold
public meetings, participate in conferences, or have bank
accounts must also register with the Government.  Registration
on the local level requires a minimum of 10 members and on the
national level a minimum of 10 members in at least 11 oblasts.
The Government's refusal to register religious and ethnic-based
parties and movements is not a stated policy, although some
officials refer to Article 55 of the Constitution, which
prohibits public associations proclaiming or demonstrating in
practice racist, nationalist, social, or religious intolerance
or elitist exclusivity.  In November the Ministry of Justice
suspended the activities of the Semirechye Cossack Society for
paramilitary activities and promotion of ethnic intolerance.
The Society organized a peaceful but unauthorized demonstration
in Almaty on November 19.  Two organizers were arrested.
According to the new Civil Code adopted in December, political
parties, trade unions, and social organizations "engaged in
political activity" are prohibited from receiving financial
assistance from foreign sources.
Government officials have justified decisions not to register
ethnic-based parties and movements on the grounds that their
activities could spark ethnic violence.  Unregistered parties
and movements are, nonetheless, able to hold meetings and
publish newspapers, although these groups frequently appear to
have more difficulty obtaining printing supplies than other
publishers.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
various denominations  worship without government
interference.  However, a new Civil Code passed by the Supreme
Soviet in December requires state authorities to approve the
appointment of the Kazakhstan director of any religious
organization operating in Kazakhstan.
The Islamic Mufti and the Russian Orthodox Archbishop have
appeared together publicly to promote religious and ethnic
harmony.  Foreign missionaries, unwelcome to some Orthodox and
Muslim Kazakhstanis, have complained of occasional harassment
by some low-level government bureaucrats.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right to emigrate, which is
respected in practice.
The propiska system of residence permits, a holdover from the
Soviet era, remained in effect in 1994.  Since 1992, citing
ecological and health reasons, the Almaty city administration
has limited the transfer of residences in Almaty to people
already living there.  According to human rights activists, the
rising demand to live in Almaty (because of its greater
relative affluence) has resulted in a bribery market for
propiskas ranging from $1,000 to $3,000.  Obtaining a propiska
for other parts of the country was generally routine.  There is
considerable favoritism toward ethnic Kazakhs in the
allocational transfer of residences.  For example, the Almaty
city administration is more likely to give permission to sell
or trade a residence if a Kazakh is to receive the property.
An exit visa is required for travel abroad, although refusals
are exceptional.  There have been reports of some officials
demanding bribes for exit visas.
The Government accords special treatment to Kazakhs and their
families who fled Kazakhstan during Stalin's time and wish to
return.  Kazakhs in this category are encouraged to return to
Kazakhstan, are entitled to Kazakhstani citizenship, and may
retain any other citizenship they may already have.  Anyone
else, including ethnic Kazakhs who are not considered refugees
from the Stalin era, such as the descendants of Kazakhs who
moved to Mongolia during the previous century, must apply for
permission to return and must renounce any other citizenship.
Ethnic Kazakh citizens already living in Kazakhstan, as well as
nonethnic Kazakh citizens, are not permitted to obtain another
citizenship without losing their Kazakhstani citizenship.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
While the Constitution provides for this right, the Government
infringed it in fraudulent March 7 elections for the Supreme
Soviet and local councils (maslikhats).  In December 1993, the
Supreme Soviet voted to advance the date of parliamentary and
local elections (scheduled to be held at 5-year intervals) from
autumn 1994 to March 7.  This left little time for the
Government to prepare a new election law and for parties and
candidates to prepare election campaigns.
The Government invited the Conference on Security and
Cooperation in Europe (CSCE) and other international observers
to monitor the elections.  The CSCE observers concluded that
the elections did not meet international standards for free and
fair elections for the following reasons:
     (1) the requirement that voters choose about 20 percent of
the deputies from a list of names chosen by the President (the
"state list");
     (2) manipulation of errors and ambiguities in the hastily
written election law in favor of progovernment candidates;
     (3) the stuffing of ballot boxes in many locations;
     (4) denial of the right to register many opposition
candidates;
     (5) court support for the refusal of election commissions
to register opposition candidates; appeals to the
Constitutional and Supreme Courts were ineffective;
     (6) the abetting of election rigging by the Central
Electoral Commission, thus compromising its integrity;
     (7) a number of polling places were "closed" to observers;
     (8) and harassment and intimidation by the authorities of
independent media which were critical of the activities of
local election commissions, particularly in Almaty and
Karaganda.
There is some irony in the fact that this fraud, presumably
intended to ensure a more progovernment and compliant
Parliament, was somewhat counterproductive because so many of
those elected showed more loyalty on some issues to their
regions (which were suffering from the economic crisis) than to
the central Government.  For example, in June Parliament
registered a vote of no confidence in the Cabinet's economic
and social policies.
In October Parliament rejected President Nazarbayev's proposed
candidate for deputy prime minister for political and social
affairs on the grounds that he was corrupt, and then voted down
a second candidate because he was perceived to be too young to
occupy such a senior position.  Late in 1994, parliamentary
opposition forced President Nazarbayev to abandon his bid to
create a bicameral legislature, with a more malleable upper
house.  Parliamentary opposition to the Government's policies
comes from both genuine democratic reformers and from
conservatives who are protecting parochial or local interests.
On some issues they join forces.  The combined effect of this
opposition has been to make the Parliament more independent.
The next presidential elections (also held every 5 years) are
scheduled for 1996.  All men and women above the age of 18 have
the right to vote.  President Nazarbayev was elected by 98
percent of the vote in an uncontested election in 1991.
The number of seats in the Supreme Soviet is 177:  135 elected
directly, and 42 (2 from each oblast or special administrative
area) elected from the "state list" of candidates chosen by the
President.
There are four legally registered political parties:  the
Socialist Party; the People's Congress Party (formed by poet
and environmentalist Olzhas Suleymenov); the National
Democratic Party (the political arm of the Kazakh nationalist
movement Azat); and the Communist Party, reregistered in July
1994.  The Union of People's Unity (SNEK), a registered social
movement created by President Nazarbayev to support his
presidency, has the largest number of deputies of any group in
Parliament.  Only about 80 members of the Supreme Soviet are
affiliated with a political party, movement, or social
organization.  President Nazarbayev, although officially not a
member of any party, has accepted the formal endorsement of the
SNEK.
Unregistered opposition parties and movements include the
Social Democrats, the Alash Party, and the conservative Kazakh
nationalist Republican Party.  The Government has refused to
register any party or movement whose platforms it claims will
foment ethnic tensions.
There are no legal restrictions on women participating in
politics and government.  Owing to prejudice and traditional
attitudes, however, few women are professionally active in
these fields.  Of 177 Supreme Soviet deputies, 22 are women.
The Constitution guarantees equal political rights for all
citizens regardless of ethnicity or sex.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The most active of several local human rights organizations are
the Helsinki Watch Group and the Kazakhstan-American Human
Rights Association, which operated without government
interference.  The Helsinki Watch Group has limited
organizational and financial means to observe, contest, and
report human rights violations.  The Kazakhstan-American Human
Rights Association receives assistance from the Union of
Councils of Soviet Jews.  The two groups cooperate closely on
human rights issues, such as the arrest of Uzbek dissidents
(see Section l.d.).  The Kazakhstan-American Human Rights
Association sponsored human rights conferences in Almaty in May
and in November in which government officials and
parliamentarians participated.
The Government permitted representatives of foreign
nongovernmental organizations (NGO's) dealing with human rights
and the environment to visit and meet with opposition and
environmentalist groups as well as some government officials.
However, Kazakhstan law currently has no provision for
registering foreign NGO's.  In November the Government signed
an agreement formalizing registration of U.S. NGO's.  For
periods of time in 1994, the Government interfered with
telephone and facsimile (fax) communications of the
International Republican Institute, the National Democratic
Institute, and Isar, an environmental NGO.  The new Civil Code
prohibits organizations, including political parties and trade
unions, from receiving financial assistance from foreign
sources.  Some government officials assert that the work of
foreign NGO's with Kazakhstani political and labor groups
promotes instability.  Some human rights observers complained
that the Government monitored their movements and telephone
calls.
KAZAKHST2
-TITLE:  KAZAKHSTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Article 1 of the Constitution states, "Citizens of the Republic
of Kazakhstan are guaranteed equality of rights and freedoms,
regardless of race; nationality; sex; language; social,
property, and official status; social origin; place of
residence; attitude to religion; convictions; membership in a
public association; as well as previously incurred criminal
punishment.  Any form of discrimination against citizens is
forbidden."
     Women
There is no legal discrimination against women, but women are
severely underrepresented in higher positions in government and
state enterprises and overrepresented in low-paying and some
menial jobs.  Women are disadvantaged in promotions, but they
generally have access to higher education.
According to human rights groups, there is considerable
domestic violence against women, and wife beating is common,
particularly because of widespread alcohol abuse among men.
Police are often reluctant to intervene in cases of spousal
abuse, considering it to be the "family's business," unless
they believe the physical abuse is life-threatening.  The
maximum sentence for wife beating is 3 years, but few such
cases are prosecuted.  The Government has not specifically
addressed the problem as one requiring new policies or
government actions.
     Children
The Government is committed in principle to children's rights,
but, as in many other areas, the absence of a tradition of
civil liberties, together with budget stringencies, severely
limits its effectiveness in dealing with children's rights
issues.  There is no established pattern of governmental or
societal abuse against children.  There were credible reports
of the use of child labor during harvests, particularly during
the cotton harvest in the south (see Section 6.d.).
     National/Racial/Ethnic Minorities
Kazakhstan's population of about 17 million is about 44 percent
Kazakhs and 36 percent Russians, with Slavs and many other
ethnic groups represented.
The Government continued to discriminate in favor of ethnic
Kazakhs in employment, in government and state-controlled
enterprises, as well as in education, housing, and other
areas.  Although some officials are Slavs, ethnic Kazakhs
increasingly predominate in government and in higher positions
in state enterprises.  The percentage of non-Kazakhs in the new
Supreme Soviet increased, however, from 22 percent to 40
percent.  President Nazarbayev has publicly emphasized that all
nationalities are welcome in Kazakhstan, but most non-Kazakhs
are anxious about what they perceive as expanding preferences
for ethnic Kazakhs.  Many ethnic Kazakhs, however, believe they
were second-class citizens under Russian domination for a
period of 200 years and that they must take affirmative action
to reverse this.  Under Communist rule, Soviet authorities
repressed Kazakh and other minority languages and cultures, and
ethnic Slavs had better opportunities for advancement.
Most of the population speaks Russian; only about half of the
ethnic Kazakhs can speak Kazakh fluently.  The January 1993
Constitution provides that Kazakh would be the state language,
that Russian would be the language of interethnic
communication, and that there would be a transition period (the
duration of which was left undefined) for the majority of the
population to learn Kazakh.  The Government is encouraging more
education of children in the Kazakh language but has done
little to provide Kazakh-language education for adults.
Although still an important political issue, the economic
crisis, corruption, and the demand of many ethnic Russians for
dual Kazakhstan-Russian citizenship eclipsed the issue of
language.
At the end of 1994, Kazakhstan and Russia initialed agreements
that established broad legal rights for the citizens of one
country living on the territory of the other, and provided for
expeditious naturalization for citizens of one country who move
to the other.  These agreements--which remain to be
ratified--represent a pragmatic, positive step toward
resolution of the difficult issue of citizenship and may well
reduce pressure for dual citizenship.
     People with Disabilities
According to the Constitution, citizens with disabilities are
entitled to assistance from the State.  As a result of
inflation, people relying on state disability benefits
experienced severe economic hardship.  There is no legal
discrimination against people with disabilities, but in
practice employers do not give them equal consideration.  The
Government so far has not legislated or otherwise mandated
accessibility for the disabled.  Issues affecting the disabled
are low priorities in the current economic crisis.
Section 6  Worker Rights
     a.  The Right of Association
The 1993 Labor Code, along with the Constitution, provides for
basic workers' rights, including the right to organize and the
right to strike.  The law does not, however, provide mechanisms
to protect workers who join independent unions from threats or
harassment by enterprise management or from the state-run
unions.  Kazakhstan joined the International Labor Organization
(ILO) in 1993, but the Supreme Soviet has not yet ratified any
ILO conventions.  Further, according to the new Civil Code,
trade unions would be forbidden to accept financial assistance
from foreign sources.
Most workers remained members of the system of state-sponsored
trade unions that was established during the Communist period.
Membership was obligatory.  At most enterprises, the
state-sponsored unions continue to deduct automatically
1 percent of each worker's wage as dues.  In addition, the
government pension fund withholds 30.2 percent of each worker's
wage, and the state unions, which have the authority to
allocate funds for disability and sick pay, housing, and the
use of vacation retreats, take 7.3 percent.  The state unions
under the Communist system were, and for the most part still
are, organs of the Government, and use their power coercively
to enforce labor discipline and to discourage workers from
forming or joining independent unions.
The Constitution entitles workers to join or form unions of
their own choosing and to stop the automatic dues deductions
for the state unions.  To obtain legal status, an independent
union must apply for registration with the local judicial
authority at the oblast level and with the Ministry of
Justice.  Registration is generally lengthy, difficult, and
expensive.  The decision to register a union appears to be
arbitrary, with no published criteria.  Judicial authorities
and the Ministry of Justice have the authority to cancel a
union's registration.
Workers who have joined independent trade unions are subjected
to various forms of harassment, including dismissal, transfer
to lower paying or lower status jobs, threats, and
intimidation.  State unions often take an active part in the
harassment to inhibit challenges to their hegemony and to
pressure new unions.
The independent unions have suffered because national laws are
not enforced at local levels.  For example, in Tekele, after
nearly 2 years of court battles, the Tekele mine construction
administration is still automatically withholding dues for the
state-sponsored union from members of the Independent Miners'
Union of Tekele.
The Independent Trade Union Center of Kazakhstan claims
membership of about 500,000 out of a total work force of about
5,600,000.
Unions have the legal right to strike, and several took place
during 1994.
Many enterprises in 1994 continued to pay part or all wages in
scrip rather than in cash, a practice at odds with Article 3 of
ILO Convention 95 on the protection of wages, which prohibits
payment of wages other than in the legal currency without the
express consent of the workers.  Enterprise directors claimed
that the enterprises were not being paid in cash by their
traditional trading partners in other parts of the former
Soviet Union, which were also experiencing cash flow
difficulties as a result of the general economic crisis.  The
scrip was often not accepted at stores or was accepted only at
devalued levels.
By law, unions may freely join federations or confederations
and affiliate with international bodies.  Most independent
trade unions in Kazakhstan belong to the Independent Trade
Union Center (ITUC) headquartered in Almaty.  The Independent
Miners' Federation of Kazakhstan, along with the State Miners'
Union of Karaganda, are members of the Miners' International
Federation.  The unions belonging to the ITUC are not members
of international federations but do maintain contacts with
European and U.S. trade union federations.
     b.  The Right to Organize and Bargain Collectively
There are significant limits on the right to organize and
bargain collectively.  Most industry remained state owned in
1994 and was subject to the state's production orders.
Although collective bargaining rights are not spelled out in
the law, in some instances unions successfully negotiated
agreements with management.  If a union's demands are not
acceptable to management, it may present those demands to an
arbitration commission comprised of management, union
officials, and independent technical experts.  There is no
legal protection against antiunion discrimination.
There are no export processing zones.  Several free economic
zones enjoy all the privileges of export processing zones, as
well as other tax privileges and abatements, but labor
conditions there appear to be no different than elsewhere in
Kazakhstan.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor.  In some places, however,
compulsory labor is used.  Some persons were required to
provide labor or the use of privately owned equipment with no,
or very low, compensation to help gather the annual grain
harvest.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16.  A child under age 16 may
work only with the permission of the local administration and
the trade union in the enterprise in which the child would
work.  Such permission is rarely granted.  Abuse of child labor
is generally not a problem, except that child labor was
reportedly used, especially during the cotton harvest in the
south.
     e.  Acceptable Conditions of Work
The official minimum wage, set by the Supreme Soviet, is about
$3.70 (200 tenge) per month, far from sufficient for a worker
and family to live on.  Rampant inflation made fixing and
enforcing a minimum wage unrealistic.
The legal maximum workweek is 48 hours, although most
enterprises maintain a 40-hour workweek, with at least a
24-hour rest period.
Working and safety conditions in the industrial sector are
substandard.  Safety consciousness is low.  Workers in
factories usually do not wear protective clothing, such as
goggles and hard hats, and work in conditions of poor
visibility and ventilation.  Management largely ignores
regulations concerning occupational health and safety,
enforceable by the Ministry of Labor and the state-sponsored
unions.  Lack of management concern and economic dislocation
have resulted in shortages of safety equipment.  Workers,
including miners, have no legal right to remove themselves from
dangerous work situations without jeopardy to continued
employment.
KENYA1
tTITLE:  KENYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             KENYA
After 9 years as a single-party state led by the Kenya Africa
National Union (KANU), a 1991 constitutional amendment restored
multiparty democracy.  However, President Daniel Arap Moi and
his KANU party continued to dominate the political process.  In
addition to his role as President, Moi also heads the military,
university, civil service, and provincial, district, and local
governance systems.  KANU controls a majority of the National
Assembly's 200 seats.
The large internal security apparatus includes the police
Criminal Investigation Department (CID), the paramilitary
General Services Unit (GSU), and the Directorate of Security
and Intelligence (DSI).  The CID and DSI investigate criminal
activity and also monitor persons the State considers
subversive.  The internal security apparatus committed abuses
against suspected criminals (including street children) and
continued to harass opposition politicians and critics of the
Government.  City council security officers, known as
"Askaris," also committed abuses against licensed vendors.
The economy includes a well-developed private sector in trade
and light manufacturing as well as a strong agricultural sector
that provides food for local consumption and substantial
exports of coffee, tea, and other commodities.  Tourism
remained the top foreign exchange earner.  The 1993 economic
reform program has slowed inflation and expanded trade, while
price controls have been eliminated, and the official exchange
rate has aligned with the free market rate.  Future challenges
to the country's continued improvement are privatization of
state-owned enterprises and civil service reform.  Although the
population growth rate declined from 3.7 percent to 2.9 percent
between 1989 and 1993, unemployment remains high at about 22
percent.
The Government took some steps to improve its human rights
practices in 1994.  Nevertheless, serious human rights problems
persisted.  In June the Attorney General withdrew most charges
against opposition leaders facing trials.  However, the
Government continued to intimidate and harass those opposed to
government/KANU policies and regularly interfered with many
civil liberties--notably freedoms of speech, press, assembly,
and association--in attempts to silence critics.  Security
forces continued to arrest and detain temporarily opposition
parliamentarians and journalists, harassed voters in several
by-elections, broke up lawful public gatherings, and flouted
international labor covenants by quashing attempts by doctors
and university professors to form unions.  During the year, the
Police Commissioner acknowledged problems of police brutality
and domestic violence, both of which remained serious problems.
Ethnic violence in the Rift Valley decreased considerably over
the past year, following the Government's establishment of
security zones.  Nevertheless, questions remain about the
Government's and KANU's roles in fomenting the violence.  After
initially cooperating with international relief organizations
to resettle displaced victims of the ethnic violence, late in
the year the Government forcibly relocated approximately 2,000
Maela camp residents, calling into question the Government's
commitment to work cooperatively to resettle the displaced.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings by government
security forces.  However, in a case with political undertones,
approximately 45 unidentified assailants raided the home of
opposition parliamentarian Peter Anyang Nyong'o on March 4 and
murdered Nyong'o's uncle.  Nyong'o issued a press statement
implicating the Government in the raid and was subsequently
temporarily detained by police.  At year's end, five suspects
arrested in connection with the attack were in custody awaiting
a trial date.  Six persons were killed in postelection
violence, although there is no evidence that either the
Government or the opposition parties were responsible (see
Section 3).
Substantial evidence dating from 1991 indicates that high-level
government officials were complicit in instigating and
promoting the ethnic clashes, which had as of year's end
claimed over 1,000 lives and displaced 250,000 people (see
Section 1.g.).
On July 29, the High Court acquitted Jonah Anguka, the former
Rift Valley provincial commissioner, who had been accused of
killing Foreign Minister Robert Ouko in 1990.  Although
presidential confidant Nicholas Biwott had been named as a
principal suspect, the Attorney General claimed that there was
insufficient evidence to try him.  (The other principal
suspect, Hezekiah Oyugi, died of natural causes in 1992.)  The
Attorney General also ruled out attempts by opposition
politicians to investigate the murder privately, asserting that
only he was constitutionally empowered to initiate such
proceedings.
Kenyan police used excessive lethal force on several occasions
in attempts to apprehend criminal suspects.  In a widely
publicized case in August, a police reservist reportedly shot
and killed a homeless child for attempting to steal a car
mirror.  After several protests and calls for an inquiry into
the incident, the authorities charged the reservist with murder
but had not brought him to trial by year's end.  Police
reservists have also been implicated in the deaths of five
other street children.  While most prison deaths stemmed from
disease and lack of medical care, there was at least one death
as a result of police brutality.  Charles Ireri Njeru, arrested
March 29 in Karaba on suspicion of theft, died the following
day in police custody.  The postmortem report indicated that he
had died from multiple injuries caused by a blunt object.  The
authorities arrested two Karaba constables, charged them with
Njeru's murder, and issued a warrant of arrest for a third
constable who remained at large.
In late December, the Government had still not made an
accounting for the death of Jackson Mutonye Ndegwa, who was
arrested November 2, 1993, after an alleged raid on the Ndeiya
chief's camp, an arsenal near Nairobi.  The police reported he
died the following morning of injuries sustained during the
arrest, although there were credible reports that the police
had interrogated him the previous night.  At year's end, the
investigation was ongoing.
The Government still has not taken any steps to punish those
responsible for the September 1993 beating death of the nephew
of Central Organization of Trade Unions' Secretary General
Joseph Mugalla.
Mob violence remained a serious problem in 1994, although there
are no statistics available on the number of deaths.  The
Government condemned the practice but has taken no action to
address the problem, as it treats such incidents as individual
cases of murder.
     b.  Disappearance
The only alleged disappearance concerned an Islamic Party of
Kenya (IPK) activist, Mohammed Wekesa, who was arrested in
August with two other persons in connection with disturbances
in Mombasa.  Although Wekesa was supposedly released, he has
not been seen since his arrest.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Despite constitutional provisions and the Police Commissioner's
June announcement that torture was prohibited and would not be
tolerated, there continued to be credible reports that the
police and security forces resorted to torture and brutality.
Security forces also used severe methods to break up both
licensed and unlicensed public assemblies.
In particular, police targeted for abuse those connected with
Koigi Wa Wamwere, the former parliamentarian on trial for his
alleged raid on the Bahati police station in Nakuru in November
1993.  In July Nakuru police arrested Wamwere's cousin,
Geoffrey Kuria Kariuki, on theft charges and beat him
unconscious with rifle butts, batons, and kicks.  Relatives who
glimpsed Kariuki during his subsequent 10-day incommunicado
confinement reported that he had swollen lips, a swollen left
eye, and a deep wound on the right side of his forehead.
Police arrested two other associates of Wamwere, Michael Kungu
and John Kinyanjui, on the same night as Kariuki and likewise
battered them.  According to the Kenya Human Rights Commission,
Kungu urinated blood for 2 days as a result of his beating.  At
year's end, no action had been taken to punish the officers
responsible for the beatings.
The Government had also taken no disciplinary measures against
policemen responsible for the abuse of those arrested in
connection with Koigi Wa Wamwere's alleged police station
raid.  (Eleven of the original 15 suspects have been cleared of
all charges.)  The injuries sustained by the suspects included
open and infected wounds, swelling and bruising at the knee and
ankle joints, and bleeding from under the toenails.  On
November 20, 1993, police arrested the physician who examined
the suspects, searched his office, and detained him for 3
days.  In response to diplomatic inquiries, the Government
expressed dissatisfaction with the police officers' explanation
of the matter and promised an investigation, but by late
December had provided no information about the results, if any.
Similar diplomatic inquiries were made in the case of six
suspects whom police tortured following an alleged raid on the
Ndeiya chief's camp in September 1993.  One of the "Ndeiya
Six," David Njenga Ngugi, reportedly had his genitals pricked
with a pin and a toenail removed with pliers.  On June 10,
Nairobi senior principal magistrate Onesmus Githingi acquitted
the six suspects and directed the Commissioner of Police,
Shadrack Kiruki, to take action against the police officers who
tortured them.  However, at year's end no officers had been
disciplined.  Moreover, in what appears to have been a punitive
measure, magistrate Githingi was transferred in September from
Nairobi to a small rural court in Kituyi.
Police continued to disperse public assemblies brutally.
According to the Kenyan Human Rights Commission, while breaking
up a University of Nairobi gathering on February 2, police
forced one student to jump from a window by throwing a gas
canister into his room.  In February police injured several
students while attempting to disband student meetings in
support of the professors' strike.  The authorities took no
action to punish offending police officers.
There were also reliable reports of police violence against
women.  When the League of Women Voters attempted to hold a
seminar on June 18 in Kirinyaga, approximately 100 armed police
chased participants from the venue by beating them with clubs.
In January about 200 women accused police of harassment and
rape when officers conducted a house-to-house search for
bandits in Wajir.  In a gender violence workshop hosted by the
Federation of Women Lawyers (FIDA) in September, Police
Commissioner Kiruki pledged to work with women's groups like
FIDA and to implement guidelines for the treatment of women by
police.  However, at year's end, the police had not yet taken
any specific action to implement any such guidelines.
Conditions in prisons are life-threatening, due in part to lack
of resources and in part to the Government's unwillingness to
address deficiencies in the penal system.  Both male and female
prisoners are subjected to sexual abuse, severe overcrowding, a
poor diet, inadequate health care, substandard bedding
materials, and flooded or unheated cells.  There were several
hundred deaths in prison in 1994, most of which stemmed from
disease.  Kenyan prisons do not have resident doctors, and only
one prison had a doctor permanently assigned to it.  Kenya's 78
prisons hold approximately 51,000 prisoners, 12,000 of whom are
awaiting trial.  Rape is a serious problem for both men and the
more than 3,000 women in prison.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides that most persons arrested or
detained shall be brought before a court "as soon as is
reasonably practicable," which would be within 24 hours of the
arrest or from the start of detention.  However, this statute
does not apply to those detained under the Preservation of
Public Security Act (PPSA).
The Constitution was amended in 1988 to allow the police to
hold persons suspected of capital offenses for 14 days before
charging them in court.  Capital offenses include such crimes
as murder and treason.  A 1993 amendment to the Penal Code
excludes weekends and holidays from this 14-day period,
potentially a significant increase in the time prisoners can be
held without charge.  In practice, suspects are sometimes held
incommunicado for 2 to 3 weeks before being brought before a
court.  Persons arrested and charged are usually allowed access
to their family and attorney promptly.  However, only family
members and attorneys may visit detainees at the discretion of
the State.  For those who have been charged, it is often
possible to be released on bail with a bond or guarantees of
return.  In cases where the defendant fails to appear in court,
the judiciary may issue a warrant for his arrest.
A relic of the colonial period, the Chief's Authority Act
empowers local officials, called "chiefs," to arrest
individuals and to restrict a person's movement without trial.
(The Chief's Act was not formally invoked in 1994 to detain
anyone, but chiefs occasionally cite the Act to take suspected
criminals to the police.  Under the Act, chiefs are technically
not supposed to detain anyone for more than 12 hours.)
The PPSA, on the other hand, allows the State to detain a
person indefinitely without charges or trial upon a
determination that it is necessary for the "preservation of
public security."  This includes "prevention and suppression of
rebellion, mutiny, violence, intimidation, disorder and crime,
unlawful attempts and conspiracies to overthrow the Government
or the Constitution," and several other grounds.  No persons
were detained under the PPSA in 1994.
In July 1993, the Attorney General created 11 task forces to
review various sections of the Constitution.  In July 1994, the
Task Force on the Reform of Penal Laws and Procedures formally
proposed that statutes relating to criminal investigation,
arrest, detention, questioning, charge, and bail be
reexamined.  The Task Force is expected to submit its final
report by December 1995.
Although the Government held no political detainees at year's
end, the police continued to detain arbitrarily politicians,
human rights advocates, journalists, and others who were
critical of the Government.  In most instances, the police held
the detainees for several hours and then released them without
formally charging them.
In August police detained the Vice Chairman of the FORD-Kenya
(FORD-K) opposition party, James Orengo, for 7 hours at the
Kisumu police station after he made public statements
implicating Nicholas Biwott in the 1990 murder of Foreign
Minister Ouko.  In June police also detained opposition
parliamentarians Martha Karua and Allan Njeru and Presbyterian
Bishop David Gitari for 2 hours after disrupting the FIDA
seminar they were attending in Kirinyaga (see Section 1.c.).
In September police held Kenyan Human Rights Commission
executive director Maina Kiai, opposition parliamentarian John
Wanyange, and 10 others for 6 hours without charge at the
Naivasha police station for attempting to demonstrate against
the denial of national identification cards to young Rift
Valley Kikuyus.
Government security forces continued to arrest and harass
opposition Members of Parliament (M.P.'s), most often charging
them with some variation of subversion or holding an unlicensed
meeting.  The authorities arrested and formally charged a total
of 15 opposition M.P.'s in 1994, as opposed to 36 in 1993.
Police arrested FORD-K M.P.'s Mukhisa Kituyi and Musikari Kombo
in April after they brought relief supplies to a Rift Valley
displaced persons camp.  The Government characterized the trip
as an unlicensed meeting in which they "uttered words
calculated to incite the public against the President."  In
April police arrested opposition M.P. Joseph Mulusya while he
was socializing with friends and charged him with participating
in an unlawful meeting.  In June the Attorney General rescinded
charges of sedition and subversion against 13 of the arrested
M.P.'s.  However, in doing so he warned M.P.'s against
slandering the President in their public remarks.  Two M.P.'s,
Stephen Ndichu and Kamuiru Gitau, still had cases outstanding
at year's end.
The police also arrested more than 400 residents of Nakuru
during periodic arbitrary sweeps.  On February 18, police
arrested more than 200 young men and women at a bus park in the
city.  They faced charges of walking in a suspicious manner,
hawking, shouting to attract passengers, entering into a
volatile area, and having no national identity cards.  Then in
May, Nakuru police arrested approximately 200 street salesmen
in the city center.  A police source later said that theft had
been increasing and that the arrests were intended to rid the
town of suspects.
The Government does not use exile as a means of political
control, but in December the Government effectively expatriated
Sheik Khalid Balala, a former leader of the Islamic Party of
Kenya (IPK), when Kenyan Embassy officials in Bonn rejected
Balala's application for a passport extension.  In 1994 the
Government also deported a number of foreigners for
questionable reasons.  In June it deported Dr. Dorothee Von
Brentano, the Friedrich Naumann Foundation development agency
representative, after she authorized funding for a political
opposition party.  In July the Government deported Australian
training editor John Lawrence after he edited a compilation of
critical social commentary that ran in the Nation newspaper.
     e.  Denial of Fair Public Trial
The court system consists of a Court of Appeals, a High Court,
and two levels of magistrates' courts where most criminal and
civil cases originate.  Judges hear all cases; there is no jury
system.  Customary law is used as a guide in civil matters
affecting persons of the same ethnic group as long as it does
not conflict with statutory law.  In 1989 High Court Justice
Norbury Dugdale ruled that the courts have no power to enforce
the "Bill of Rights," which is part of the Constitution.  In
spite of legal challenges that the ruling effectively subsumes
the judiciary under the executive branch, his decision has not
been overruled.
Civilians are tried in civilian courts, and trials are public,
although some testimony may be held in secret.  There is a
presumption of innocence, and defendants have the right to
attend their trial, to confront witnesses, and to present
witnesses and evidence.
Defendants do not have a right to government-provided legal
counsel, except in capital cases.  For noncapital charges free
legal aid is usually not available outside of Nairobi.  (Poor
people who do not have an attorney are usually found guilty for
lack of an articulate defense.)  Although defendants generally
have access to an attorney in advance of trial, defense lawyers
do not always have access to government-held evidence, since
the Government can plead the state security secrets clause as a
basis for withholding evidence.  Military personnel are tried
by courts-martial, and verdicts may be appealed.  Attorneys for
military personnel are appointed on a case by case basis by the
Chief Justice.
Civilians generally have a right to appeal a verdict to the
Kenyan High Court and ultimately to the Court of Appeal.
However, these rights were effectively denied in a case
involving Bedan Mbugua and David Makali, the editor and
reporter of The People newspaper, and attorney G.B.M. Kariuki
(see Section 2.a.).  In May the three were arraigned on
contempt charges after the two journalists published a story
quoting Kariuki's criticism of a decision delivered by the
Court of Appeal.  Under Kenyan law, a person must be tried by
the same court in which he is in contempt.  While Kariuki
agreed to pay a substantial fine, Mbugua and Makali refused and
were consequently given prison sentences of several months.
The judiciary is not independent.  The President has extensive
powers over appointments.  He appoints the Chief Justice, the
Attorney General, Court of Appeal judges, and, with the advice
of the Judicial Service Commission, High Court judges.  He also
has authority to dismiss judges and the Attorney General upon
the recommendation of a special presidentially appointed
tribunal.  In 1994 the Office of the President declined to
renew the contracts of three High Court judges who had
previously made rulings against the Government.
In September the government-aligned Judicial Service Commission
transferred senior principal magistrate Onesmus Githingi out of
Nairobi following his acquittal of the suspects in the "Ndeiya
Six" case.  Githingi had ruled that the police used torture to
coerce the confessions of the suspects, who were accused of
raiding the Ndeiya chief's camp outside Nairobi in September
1993.
The political trial of Koigi Wa Wamwere began in Nakuru on
April 12 and was continuing at year's end.  A former M.P. from
Nakuru, Wamwere has spent the better part of the past 9 years
in police detention.  He has been targeted by the Government
because of his popularity among Rift Valley Kikuyus, who are
considered political rivals of President Moi's Kalenjin tribe.
The state prosecutor in the trial finished presenting his case
in September without producing credible evidence tying Wamwere
to the alleged attack on the Bahati police station in November
1993.  In November defense attorneys began to present evidence
that Wamwere was in Nairobi on the night of the alleged raid
and that police tampered with evidence supposedly confiscated
from the crime scene.  Leading human rights groups have named
Koigi Wa Wamwere and his codefendants in the "Bahati Police
Station" case as probable political prisoners.  The trial
continues amid news that Wamwere was diagnosed in December with
bleeding ulcers, which may be connected to the harsh conditions
of his confinement.  (The trial of Geoffrey Kuria Kariuki and
two other associates of Wamwere had not commenced by year's
end.)
There was one instance in which a case was moved to a
magistrate who consistently ruled in favor of the Government.
In late December, the authorities arrested several members of a
Kikuyu religious organization in Laikipia District for tribal
oathing and later charged them in the Nakuru District Court.
Contrary to previous years, there were no instances in which
the Government prevented its critics from filing cases to
obtain legal redress from harassment.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution permits searches without warrants in certain
instances "to promote the public benefit," such as in security
cases.  Although security officials generally obtain judicially
issued search warrants, at times they conduct searches without
warrants to apprehend suspected criminals or to seize property
believed to be stolen.  The courts have admitted evidence
obtained without search warrants to support convictions.
Security forces employ various means of surveillance, including
electronic surveillance and a network of informers.  Police
routinely monitored the activities of political opponents and
their associates.  In a June letter to the Director of State
Intelligence, FORD-K M.P. Paul Muite complained that several
specific vehicles with civilian license plates constantly
shadowed his movements and that of his family.  Muite, who is
also the lead defense attorney in the Wamwere case, reported
that the cars even followed him from Nairobi to the Nakuru
courtroom and back again--a 4-hour trip.
The Government monitored and intercepted correspondence as
well.  In August the U.S.-based Robert F. Kennedy Memorial
Center for Human Rights mailed two packages to the Kenya Human
Rights Commission.  The local Nairobi post office refused to
release the packages, claiming that the reports were
"political" and "hitting at the Government."  In April police
detained and interrogated an 18-year-old student for several
hours after police intercepted a letter she had sent to
opposition M.P. Paul Muite.
City council security officers, or "Askaris," continued to
destroy the kiosks of licensed and unlicensed vendors in
several Kenyan cities.  On February 9 and 15, Nairobi Askaris
demolished and burned a stretch of vendors' booths at the
Machakos country bus terminal, destroying several thousand
dollars' worth of property.  On February 16, Askaris beat and
arrested the chairman of the Vendors' Association when he
visited the Machakos bus terminal.  Askaris also arrested and
confiscated goods from vendors at the Kisumu town center in
February.
Although Kenyans are theoretically free to choose their
political affiliation, government employees continued to be
warned to support the ruling party or be fired.  In May the
Government dismissed a permanent secretary in the Ministry of
Labor after he reportedly made contact with an opposition party
member.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Ethnic clashes that began in 1991 have killed over 1,000
civilians and displaced 250,000 persons.  Violent clashes
involving several ethnic groups continued throughout the year,
albeit less frequently than in 1993.  International attention
has focused on the Kikuyus whom the Maasai forcibly evicted
from Enoosupukia in Narok district of the Rift Valley and were
living in displaced persons camps in Maela.  Victims of the
violence are largely from ethnic groups opposed to the ruling
party, particularly the Kikuyu, who comprise 21 percent of the
population.  For example, in the first half of the year, there
were violent attacks by Maasai directed at Kikuyus in which
villagers were murdered, houses burned, and property
confiscated.  At year's end, tensions remained high in Molo and
sites of other clashes because government efforts to promote
reconciliation had not been fully successful.
Serious questions remain about the Government's complicity in
instigating the violence, and on several occasions in 1994 KANU
and Government officials made statements targeting particular
ethnic groups that led to renewed violence.  Clashes occurred
in March in Burnt Forest between Kalenjins and Kikuyus, in June
in Mombasa between coastal groups and Luos, and in Turkana
between non-Turkana and Turkana.  All of these followed
inciteful statements made by government or KANU officials.  The
Government took no action to disavow or punish those officials
or others who incited violence.  Reports by several
organizations, including a special parliamentary committee, the
Catholic Bishops of Kenya, the National Council of Churches of
Kenya (NCCK), the National Elections Monitoring Group, the
Kenya Human Rights Commission, the Robert F. Kennedy Memorial
Center, and Human Rights Watch/Africa placed primary blame for
the violence on the Government.  Critics charge that the
Government initially supported tribal clashes to strengthen its
hold on power and to prove its assertion that multiparty
politics will not work in Kenya.
In 1993 the Government announced measures to control the ethnic
violence by establishing "security zones" in areas hardest hit
around Molo, Londiani, Elgburgon, and Burnt Forest.  These
measures were successful in curtailing the violence.
Regulations introduced in the security zones severely restrict
entry and movement and grant security forces search and seizure
rights within the zones.  However, they also authorize security
forces to shoot to kill in cases in which there was suspicion
that a crime had occurred, such as illegal entry into the
security zones.  The regulations also absolve government forces
from responsibility for death and destruction in the zones by
specifically prohibiting suits for compensation.  Despite these
restrictions, there were sporadic reports of violent clashes
within the security zones.
Citing the provisions of the security zone regulations, the
Government sought to prevent opposition M.P.'s, domestic and
international human rights advocates, and most journalists from
entering the zones, and arrested many who did so.  In early
1994, the Government reluctantly allowed NGO's working under
the U.N. Development Program (UNDP) displaced persons program
and a few others, including diplomatic officials, some access
to the security zones.  Later in the year, the local
administration also allowed media representatives to accompany
important visitors and diplomats to the zones.  The UNDP Rogge
report, published in September, noted that the Government had
made an effort to reduce tensions and to resettle those
displaced.  The report estimated that 30 percent of those
displaced had been resettled to their villages, that 50 percent
were in various stages of return, and that another 20 percent
KENYA2
amamTITLE:  KENYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
remained in camps.
In October President Moi instructed the Rift Valley Provincial
Commissioner to resettle displaced persons resident in camps in
Maela.  However, local administrators proved unable or
unwilling to carry out these presidential instructions as
intended.  They actually resettled over 200 families (out of
3,000), who, once relocated to unproductive farm land, were not
given resettlement assistance.  On December 24, the Government
dismantled the Maela camps and razed the shelters without prior
notice and without the cooperation of UNDP.  It forcibly
resettled hundreds of refugees to areas outside Maela who were
left to fend for themselves.  The Government had restricted
UNDP and NGO's from entering Maela and participating in the
resettlement process.  At year's end, the status of the
displaced remained uncertain.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression and the
press and outlaws discrimination on the grounds of political
opinion.  Nonetheless, there are restrictions on the exercise
of free speech.  Freedom of speech is often breached by
security forces and undercut by broad interpretations of
antiquated sedition and libel laws.  In his May 31 pledge to
reconsider subversion and incitement cases, the Attorney
General cautioned that words or actions critical of the
President or that could alarm the public or disturb the peace
were illegal.  The Government has used these provisos as a
basis for denying opposition parties the right to free speech.
Similarly, it arrested several opposition leaders on the charge
that their critical commentary about the Government was
inciteful.  Despite these forms of government obstruction, the
political opposition and human rights groups continued to
present their views to the public.
Radio is the medium through which most Kenyans get their news.
The Government controls the single radio station and its
affiliate television station, the Kenyan Broadcasting
Corporation, which produces both television and radio news.
They typically avoid stories critical of the Government, give a
large share of news time to government or ruling party
functions, and neglect to give anything approaching equal
coverage to opposition activities.  The ruling party owns a
second television station, the Kenya Television Network, and a
government supporter owns a new cable television station.  The
Information Minister announced in late December that the
Government would not license any new radio and television
stations in the near future, even if the Attorney General's
Task Force on the Press, which is expected to submit its final
report by mid-1995, recommended radio liberalization.
The print media include three daily newspapers that provide
extensive coverage of national politics.  Two dailies, the
Nation and the Standard, cover political issues and print
articles critical of government policies, though at least one
former editor has charged that the papers are under pressure to
self-censor.  The third daily newspaper, the Kenya Times, more
often reflects the views of the ruling party.  Weekly
newspapers and magazines, many of which take a more strident
tone in their criticism of the Government, also have
substantial audiences.
The printed press remained vibrant and independent, and
government harassment of the press decreased noticeably after
midyear.  However, in attempts to silence its critics, the
Government arrested 18 journalists in 1994 and fined or
incarcerated them for violating antiquated libel and sedition
laws.  In the year's most notable case, the Court of Appeal in
June found Bedan Mbugua, the editor in chief of the weekly
newspaper, the People; David Makali, a People reporter; the
publishing company; and human rights attorney G.B.M. Kariuki
guilty of contempt of court.  The contempt charges arose from
an article in The People that quoted Kariuki's criticism of the
same Court of Appeal's decision in a case involving the
Universities Academic Staff Union (see Section 6.a.).  The
Court fined Kariuki approximately $10,000, fined Bedan and
Mbugua each roughly twice that amount, and required them to
publish apologies.  When Mbugua and Makali refused to
apologize, the Commissioner of Prisons elected to send them to
a maximum security prison for 5 and 4 months, respectively.
The authorities released Mbugua after serving 3 months and 20
days, and freed Makali after 3 months.
The Government continued its ban on a number of books,
including a Kiswahili play based on George Orwell's "Animal
Farm" and a number of works by emigre Kenyan author Ngugi Wa
Thiong'o.  On January 13, a truckload of armed policemen raided
Colorprint Limited, a Nairobi publisher, and impounded 15,000
copies of "Kenya:  Return to Reason," a book by the chairman of
the FORD-Asili (FORD-A) opposition party, Kenneth Matiba.  The
following day, the Government announced that the book was a
"prohibited publication."  In November the authorities arrested
a Nairobi businessman on a sedition charge for possessing a
booklet entitled "Patriotic Voices."  At year's end, the
Attorney General had not given his consent to begin prosecution.
In August the Government withdrew sedition charges against four
journalists from the Standard newspaper.  It had accused the
four of publishing a seditious story in March about ethnic
clashes in the Rift Valley security zone of Molo--a story that
was later proven untrue.
In 1994 the Government streamlined procedures for accrediting
representatives of the international media, who by and large
operated unfettered in Kenya.
In previous years, the Government pressured university students
and faculty to support the ruling party, but since the
professors' strike closed down institutions of higher learning
for the better part of the year, the degree of academic freedom
was difficult to gauge.  The authorities fired 26 professors
because of their participation in the walkout, and in March the
Court of Appeal upheld the firings, effectively denying the
professors tenure.  Police posted on university campuses
monitored student and faculty activities.  On several
occasions, police peaceably dispersed gatherings of professors
on university grounds but used force to disrupt student
assemblies (see Section 1.d.).
     b.  Freedom of Peaceful Assembly and Association
Freedom of assembly is provided for in the Constitution, but is
seriously limited by the Public Order Act, which gives the
authorities power to control public gatherings.  The Act
prohibits unlicensed meetings of 10 or more persons without
approval from the district commissioner.  In theory the law
does not apply to persons meeting for "social, cultural,
charitable, recreational, religious, professional, commercial,
or industrial purposes."  In practice, meetings under almost
all categories fall under the jurisdiction of the Public Order
Throughout 1994, but particularly in the early part of the
year, the Government restricted the right of peaceful assembly
by refusing to register meetings.  Between January and May, it
refused the FORD-K opposition party permits for public rallies
six times and also disallowed gatherings planned by
nonpolitical organizations.  In March the district commissioner
refused the NCCK a permit for a seminar regarding start-up
business loans for community development projects.
The Government also frequently broke up both licensed and
unlicensed meetings.  On March 27, administrative police fired
into the air and used tear gas to disperse people gathered for
a free eye clinic, just as opposition M.P. George Nyanja began
to address the crowd.  The parliamentarian had obtained a
permit for the gathering, but an officer on the scene announced
that the provincial administration had withdrawn the permit,
rendering the assembly unlawful.
Armed police dispersed 400 people attending a seminar hosted by
the FORD-A party at the Limuru conference and training center
on April 23.  Police entered the conference center's dining
hall while the participants were at breakfast and ordered them
to leave the premises immediately.  When arguments ensued
between the police and the FORD-A leaders, the police used tear
gas to scatter the crowd.
The authorities were no less forceful in preventing opposition
leaders from publicly meeting their constituents.  On April 4,
antiriot police stopped seven FORD-K parliamentarians from
addressing a large crowd in Homa Bay, forcing them to leave the
town at gunpoint.  When James Orengo, the party's first vice
chairman, then attempted to walk back through the town, he was
blocked by police and forced into his car.  Later in the day,
police again dispersed crowds in the Rangwe and Ndhiwa
townships before the seven parliamentarians had an opportunity
to address them.
In late May, several government officials, including the
Minister for Education and the Rift Valley Provincial
Commissioner, announced that the Government would be more
forthcoming on permits for public assemblies.  The Government
accordingly licensed a united opposition public meeting held in
Nairobi in early June.  Individual opposition parties also
conducted campaign rallies prior to the June 27 parliamentary
by-elections without government interference.
The Societies Act governs freedom of association; it states
that every association must be registered or exempted from
registration by the Registrar of Societies.  Ten political
parties are currently registered under this statute:  KANU,
FORD-K, FORD-A, the Democratic Party, the Social Democratic
Party, the Kenya National Democratic Alliance, the Kenya
National Congress, Labor Party Democracy, the Kenya Social
Congress, and the Party of Independent Candidates of Kenya.
The Government has refused to register the Islamic Party of
Kenya (IPK), even though the Societies Act nowhere prohibits
religion-based parties.  The Attorney General has argued that
registering sectarian parties would contradict the spirit of
the Act, which proscribes organizations "incompatible with
peace, welfare, or good order in Kenya."  A secretive
organization known as the Mau Mau Posterity Party, which claims
responsibility for anti-Asian propaganda in Kenya's urban
centers, has not attempted registration.
     c.  Freedom of Religion
Kenya has no state religion, and the Constitution acknowledges
freedom of worship.  The Government generally does not infringe
upon religious activities, except to require registration by
new churches.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
By law, citizens may travel freely within the country.
However, ethnic clashes and the establishment of security zones
restricted the ability of many Kenyans to travel, particularly
to those parts of the Rift Valley most affected by the violence.
The Government does not generally prohibit emigration of its
citizens and, in contrast to previous years, did not prevent
travel abroad by its critics in 1994.  The Government does not
regard provision of passports to its citizens as a right and
reserves the authority to issue or deny passports at its
discretion.
There are 240,000 refugees, mostly from Somalia and Sudan
living in camps and 100,000 living outside the camps in cities
and rural areas.  Somalis account for about 80 percent of the
total refugee population.  Kenya has accepted most asylum
seekers, though sometimes entry is delayed.  None of these
refugees has been granted legal permanent residence status.
Following a series of formal warnings, in July the Government
gave the United Nations High Commissioner for Refugees (UNHCR)
3 days' notice to close a large refugee camp near a tourist
area in Mombasa.  Although the Government did not follow
through with its demand, official pressure to close the camp
remained strong at year's end.  The UNHCR accepted in principle
the Government's right to close the camp.
According to Africa Watch and the UNHCR, there continued to be
credible reports by UNHCR and other relief agencies of rapes of
Somali refugee women in the North Eastern province.  Unlike
1993, when most of the rapes took place inside the confines of
the camps, those reported in 1994 took place outside the
camps.  They have been directed mostly at young girls herding
goats or collecting firewood.  Most of the rape incidents are
believed to be committed by other refugees or bandits operating
outside the camps.  The incidence of rape decreased
dramatically in 1994, from an average of 27 down to 9 per
month, after the UNHCR increased assistance to the women and
improved security in the camps.  The Government, initially
stung by allegations of government security involvement and of
not taking the issue seriously, arrested two individuals in the
camp identified by the victims.
Refugees living outside the camps are vulnerable to arrest, and
those who purchase false identification documents and visas put
themselves even further at risk.  In August the police raided
Somali communities in an effort to ferret out "illegal
aliens."  There were credible reports that Somali refugees, as
well as ethnically Somali Kenyans, were targets for extortion
and that some were arrested following these sweeps.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Kenyan citizens have the legal right to change their government
through free and fair elections, but their ability to do so has
yet to be demonstrated fully.  The presidential and
parliamentary elections of 1992 were marked by violence,
intimidation, fraud, and other irregularities, but opposition
candidates nevertheless won 63 percent of the vote.  Diplomatic
observers viewed the 10 by-elections held in 1994 as generally
free and fair, despite minor irregularities.
However, the Government continued to harass and intimidate the
political opposition.  The President exercises sweeping powers
over the local political structure as well as the National
Assembly, and the KANU party he heads controlled 118 out of the
200 National Assembly seats.  The President appoints both the
powerful provincial and district commissioners, as well as a
multitude of district and village officials.  At the district
and village level, these political appointees are responsible
for security as well as the disbursement of federal development
funds.
At the national level, the Constitution authorizes the
President to dissolve the legislature and prohibits Assembly
debate on issues under consideration by the courts.  This law,
in conjunction with the Speaker of the Assembly's ruling that
the subject of the President's conduct is inappropriate for
parliamentary debate, has severely limited the scope of
deliberation on many controversial political issues.  M.P.'s
are entitled to introduce legislation, but in practice it is
the Attorney General who does so.  As the head of KANU, the
President also influences the legislative agenda.  He also
bolstered KANU's majority by acting on his constitutional
authority to appoint 12 M.P.'s.
Three opposition parties--the DP, FORD-K, and FORD-A--hold the
majority of the opposition's 82 seats.  KANU used a variety of
pressure tactics to entice opposition M.P.'s to defect to KANU,
and by year's end six opposition M.P.'s had done so.  As a
result, there were 10 by-elections, including 2 forced by the
death of two M.P.'s.  During the seven by-elections held in
June, there were credible reports that government and KANU
officials bribed voters, purchased voter cards, and forcibly
removed an election observer from a polling station.  There
were also violent incidents at public rallies prior to the June
elections involving both opposition and KANU supporters.
Street skirmishes between supporters of contending parties also
broke out on the day of two by-elections in October.  A U.S.
Embassy observer witnessed an assault in front of a polling
station on a FORD-A candidate, who was later hospitalized.  The
assailant, who struck the candidate to the ground with repeated
blows as armed police looked on, came to the polling station in
a convoy of vehicles escorting the KANU Secretary General.
Following the announcement of the October election results, in
which two opposition candidates won parliamentary seats, fights
erupted again resulting in the deaths of at least six people.
Another round of by-elections were to be held in January 1995,
following the High Court's decision in November to nullify
opposition victories in two 1992 parliamentary elections.  The
Court overturned the results of one election because the
opposition winner had allegedly administered tribal oaths to
supporters, although the decision was based on contradictory
testimony given by witch doctors.
Merus, Kalenjins, Kisiis, Luhyas, Kambas, Taitas, Luos,
Giriamas, Maasai, Kikuyus, Pokot, and Embus are represented in
the President's Cabinet.  However, the President is widely
reputed to rely on an inner circle of advisers drawn mostly
from his Kalenjin tribe.
Although there are no legal restrictions on the participation
of women or minorities in politics, the role of women in the
political process nonetheless remains circumscribed by
traditional attitudes.  In 1994 there were six female M.P.'s,
no female cabinet ministers, and one female assistant
minister.  Within the political opposition, women figure most
significantly in the Democratic Party, where 25 percent of the
party's national office holders are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Kenya has several well-organized and vocal human rights
organizations.  Two groups, the Kenya Human Rights Commission
(KHRC) and Release Political Prisoners (RPP), are particularly
active and publish regular reports that are often critical of
the Government's human rights record.  The Institute for
Education in Democracy continues to monitor parliamentary
by-elections with generally good cooperation from the Electoral
Commission.  Legal organizations, such as the Public Law
Institute, the Kenya Law Society, the International Commission
of Jurists, and the International Federation of Women Lawyers,
also cover human rights issues, and a large pool of Kenyan
attorneys handle pro bono cases for defendants and serve as an
informal source of human rights information.
President Moi continued to criticize the activities of both
domestic and international human rights NGO's, and the
Government targeted several of them for harassment in 1994.
After the KHRC sent a letter to President Clinton urging
revocation of Kenya's trade privileges because of the
Government's refusal to register the University Professors'
Union, President Moi branded the letter as "treasonous."
Authorities also intercepted KHRC mail (see Section 1.f.) and
detained persons participating in KHRC demonstrations.  In
September Nakuru police arrested 12 RPP members attending the
trial of Koigi Wa Wamwere and held them incommunicado for
several days.  When another RPP member visited police
headquarters to inquire about his colleagues, he too was put in
incommunicado detention.  The entire group was eventually
released without charge.
In contrast, human rights organizations have been successful in
efforts to cooperate with government officials on issues like
domestic violence.  In September a government-sponsored human
rights monitoring group hosted a representative from the
Kennedy Center for Human Rights, and the Kenyan Embassy in the
United States issued visas to representatives of several
U.S.-based human rights organizations interested in traveling
to Kenya.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of a
person's "race, tribe, place of origin or residence or other
local connection, political opinions, color, creed."
     Women
The Constitution does not specifically address discrimination
based on gender, and women continue to face both legal and de
facto discrimination on several fronts.  For example, women
cannot legally work at night, which disadvantages female
employees in hotels, homes, and industries in the export
processing zones.  According to Kenyan pension law, a widow
loses her work pension upon remarriage, whereas a man does
not.  When men and women perform comparable jobs, men often
receive a higher job classification and therefore better pay.
Not only do women have difficulty moving into nontraditional,
professional fields, but they also are promoted more slowly
than men and bear the brunt of retrenchments.
Kenya's Law of Succession, which governs inheritance rights,
provides for equal consideration of male and female children.
In practice, most inheritance issues do not come before the
courts.  Women are often excluded from extralegal inheritance
settlements or are given smaller shares than male claimants.
In a widely publicized trial that focused national attention on
female inheritance rights, the mother of a recently deceased
Olympic boxing hero lost her bid to inherit her son's
professional earnings.
Societal discrimination is most apparent in rural areas, where
women account for 75 percent of the agricultural work force.
Rural families are more reluctant to invest in educating girls
than in educating boys, especially at the higher levels.  The
number of boys and girls in school are roughly equal at the
primary and secondary levels, but men outnumber women almost
two to one in higher education, and literate men significantly
outnumber literate women.
Violence against women is a serious and widespread problem.
Police statistics released in 1994 showed that in 1992 there
were 454 cases of rape, 136 cases of attempted rape, 343 cases
of indecent assault, 407 cases of defilement (e.g., child
molestation), and 14 cases of incest.  These statistics are
probably underreported, however, since social mores deter women
from going outside their clan or ethnic groups to report sexual
abuse.  The Government has condemned violence against women,
and the law carries penalties up to life imprisonment for
rape.  Still, the rate of prosecution remains low because of
cultural inhibitions against discussing sex, the fear of
retribution, the disinclination of police to intervene in
domestic disputes, and the unavailability of doctors who might
otherwise provide the necessary evidence for conviction.
Furthermore, traditional culture permits a man to discipline
his wife by physical means and is ambivalent about the
seriousness of rape.  Organizations concerned with women's
rights charge that the Government is often apathetic and
flippant about women's issues.  The Attorney General remarked
in April that a woman could not claim rape against her husband
under current laws.
     Children
Economic displacement, a high population growth rate, and the
ethnic clashes have resulted in a large number of homeless
street children.  Media reports place the number of such
children nationwide in the tens of thousands, and the
Government estimates that their number is growing at an annual
rate of 10 percent.  According to the Attorney General's Task
Force, these children are typically involved in theft, drug
running, assault, trespassing, defilement, and property damage,
and there have been credible reports that the police have
treated these children inhumanely (see Section 1.a.).
The May report of the Task Force on Children recommended both
programmatic and legal measures to safeguard the rights of
children.  A variety of proposed legal remedies are
incorporated in a new law prospectively called the Children's
Act.  However, the Attorney General had not presented the draft
bill in Parliament by year's end.
Despite the Government's stated opposition, female genital
mutilation (FGM) remains widespread, particularly among Kenya's
nomadic peoples.  It is usually performed at an early age and
has been condemned by international health experts as damaging
to both physical and mental health.  Neither the Government nor
women's groups have reliable information about the extent of
the practice, but according to rough estimates the percentage
of females who have undergone this procedure may be as high as
50 percent.  The Task Force on Children has recommended
outlawing this practice, as it endangers the "the survival,
safety, and development" of the child.
     National/Racial/Ethnic Minorities
According to the 1989 government census, whose figures were
released in May, the Kikuyu are the largest ethnic community,
comprising 20.8 percent of the population.  The Luhya, Luo,
Kamba, and Kalenjin (an amalgamation of 9 small tribes) are the
next largest, each making up over 11 percent of the population.
The Government continued to discriminate against Rift Valley
Kikuyus.  According to the Kenya Human Rights Commission,
provincial authorities have denied national identification
cards to a substantial number of Kikuyu youths, even though
they and most of their parents have been born and raised in the
Rift Valley.  Without identification cards these youths cannot
marry, attend universities, obtain employment, or register to
vote.  In addition, the Minister for Local Government, William
Ole Ntimama, reiterated this year that Kikuyus displaced from
Enosupukia by the ethnic clashes would not be allowed to
return.  In various newspaper interviews, Ntimama characterized
the land titles held by displaced Kikuyus as illegally acquired
documents.
Asians, or Kenyans of sub-continent descent, have also been
targets of official and societal prejudice.  The secretary
general of the FORD-A opposition party, Martin Shikuku,
announced at a public rally in August that he would kick Asians
out of the country if he were chosen president.  Anti-Asian
leaflets, supposedly authored by a group called the Mau Mau
Posterity (see Section 2.b.), also circulated in Kenya's urban
centers.  The leaflets reflect a general sense of resentment
among Kenyan Africans toward the Asian community, which is more
affluent and reluctant to assimilate African culture.  An
Indian police reservist's alleged involvement in the shooting
death of an African street child in August inflamed these
preexisting racial tensions.
The Government singled out ethnic Somalis as the only ethnic
group in Kenya required to carry an additional form of
identification proving that they are Kenyan citizens.  Ethnic
Somalis, who are overwhelmingly Muslim, must still produce upon
demand their Kenyan identification card and a second
identification card verifying "screening."  Both cards are also
required in order to apply for a passport.  In August the
police made sweeps through two known Somali communities in
Nairobi, ostensibly in search of illegal aliens.  They arrested
many Somali Kenyans during these sweeps.  The presence of large
numbers of Somali refugees in Kenya has exacerbated the
problems faced by Kenyan Somalis.
     People with Disabilities
Government policies do not discriminate against people with
disabilities in employment, education, or other state
services.  There is no mandated provision of accessibility for
the disabled to public buildings or transportation.
KENYA3
*TITLE:  KENYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
Save for central government civil servants, including medical
personnel, and university academic staff, all workers are free
to join unions of their own choosing.  The law provides that as
few as seven workers may establish a union, provided that
objectives of the union do not contravene Kenyan law and that
another union is not already representative of the employees in
question.  The Government may deregister a union, but the
Registrar of Trade Unions must give the union 60 days to
challenge the deregistration notice; an appeal of the
Registrar's final decision may be brought before the High Court.
President Moi deregistered the Kenya Civil Servants Union in
1980; since 1989 the Central Organization of Trade Unions
(COTU) has sought to reverse this decision.  In September 1993,
16 officials announced formation of their union and demanded
registration by the Government.  In April the head of the Civil
Service Commission announced with great fanfare the recognition
of the Civil Servants Union, but President Moi subsequently
rescinded the approval (see below).
There are at least 33 unions in Kenya representing
approximately 350,000 workers, less than 20 percent of the
country's industrialized work force.  Except for the 150,000
teachers who belong to the Kenya National Union of Teachers
(KNUT), which the Government has registered, all other unions
are affiliated with one central body, the COTU.  The Government
created COTU in 1965 as the successor to both the Kenya
Federation of Labor and the Kenya African Workers Congress.
The 1965 decree establishing COTU gives the President power to
remove from office the central body's three senior leaders and
grants nonvoting membership on the Executive Board to a
representative of the Ministry of Labor as well as of KANU.
Most secretaries general within COTU, including those who
staged an abortive "coup" on July 2, 1993, putting into power
leaders more acceptable to the Government, agreed that any
COTU-KANU connection was obsolete in the multiparty era.
A High Court decision November 10, 1993, nullified the July 2
"election," but the coup plotters refused to vacate COTU
headquarters.  On January 31, however, a three-member panel of
the Appellate Court confirmed the November 10 decision and
threatened to jail the Registrar of Trade Unions on contempt of
court charges should he maintain his refusal to recognize the
old COTU leadership.  He complied with the order.  Two further
government-sponsored but unsuccessful attempts to unseat the
COTU leadership took place in March, and the elected leadership
remained in office throughout 1994.
The Trade Disputes Act permits workers to strike provided that
21 days have elapsed following the submission of a written
report to the Minister of Labor.  The military, police, prison
guards, and members of the national youth service are precluded
by law from striking.  Other civil servants, like their private
sector counterparts, may strike following the 21-day notice
period (28 days if it is an essential service, e.g., water,
health, education, air traffic control).  During this 21-day
period, the Minister may either mediate the dispute, nominate
an arbitrator, or refer the matter to the Industrial Court, a
body of five judges appointed by the President, for binding
arbitration.  Once a dispute is referred to either mediation,
fact finding, or arbitration, any subsequent strike is
illegal.  However, Section 28 of the Act gives the Minister of
Labor broad discretionary power, based on the Minister's
opinion, to determine the legality of any strike.  The Minister
in 1994 used this power to declare several strikes illegal,
although the required notice had been given.  If workers
attribute dismissals to strike or union activities, they have
recourse to the Industrial Court.
There were several strikes in 1994, including one by the
Universities Academic Staff Union (UASU) and one by the Kenya
Union of Medical Practitioners and Dentists (KUMPD).  The UASU
strike was the longest in Kenyan history.  Both groups,
representing government university and hospital staff, struck
after the Government had refused to register their unions.  The
Government arrested and dismissed the UASU leadership, and the
authorities did not reinstate over 20 professors after
suspending their strike September 28.  KUMPO leaders were
expelled from their government-provided housing.  After
suspending their strike September 27, fully qualified doctors--
but not necessarily interns--went back to work and received new
housing.  Although the UASU lost another court case in October,
both unions continued to press for recognition.
Internationally, COTU is affiliated with both the Organization
of African Trade Union Unity and the International
Confederation of Free Trade Unions.  Many of its affiliates are
linked to international trade secretariats of their choice.
     b.  The Right to Organize and Bargain Collectively
While not having the force of law, the 1962 Industrial
Relations Charter, executed by the Government, COTU, and the
Federation of Kenya Employers, gives workers the right to
engage in legitimate trade union organizational activities.
Both the Trade Disputes Act and the Charter authorize
collective bargaining between unions and employers.  Wages and
conditions of employment are established in the context of
negotiations between unions and management.  In 1994 the
Government relaxed wage policy guidelines to permit wage
increases of up to 100 percent and renegotiation of collective
agreements.  Collective bargaining agreements must be
registered with the Industrial Court in order to guarantee
adherence to these guidelines.  In 1994 about 250 agreements
were newly signed and registered with the Court.  Some 1
million workers (union and nonunion) were covered by these
accords.
The Trade Disputes Act makes it illegal for employers to
intimidate workers.  Employees wrongfully dismissed for union
activities are generally awarded damages in the form of lost
wages by the Industrial Court; reinstatement is not a common
remedy.  More often, aggrieved workers have found alternative
employment in the lengthy period prior to the hearing of their
cases.
Legislation authorizing the creation of export processing zones
(EPZ's) was passed in November, 1990.  The EPZ Authority
decided that local labor laws, including the right to organize
and bargain collectively, would apply in the EPZ's.  However,
in practice, it grants many exemptions.  For example, the
Government waived aspects of the law that prevent women from
working at night because women prevail in a number of
industries in the zones (see Section 6.e.).  Workers and some
government officials criticized working conditions in the EPZ's
in 1994.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution proscribes slavery, servitude, and forced
labor.  However, under the Chiefs' Authority Act, local
officials may require people to perform community services in
an emergency.  This practice did not occur in 1994.  The
International Labor Organization (ILO) Committee of Experts has
found these and other provisions of Kenyan law to contravene
ILO Conventions 29 and 105 concerning forced labor but noted
the Government's efforts to review the Chiefs' Authority Act.
     d.  Minimum Age for Employment of Children
The Employment Act of 1976 makes the employment in industry of
children under the age of 16 illegal.  This Act applies neither
to the agricultural sector, where about 70 percent of the labor
force is employed, nor to children serving as apprentices under
the terms of the Industrial Training Act.  Ministry of Labor
officers nominally enforce the minimum age statute.  Children
often work as domestics in private homes (including those of
relatives), in the informal sector, and in family businesses
and farms (see Section 5).  Given the high levels of adult
unemployment and underemployment, the employment of children in
the formal industrial wage sector in violation of the
Employment Act is not a significant problem.
     e.  Acceptable Conditions of Work
The legal minimum wage for blue-collar workers in the wage
sector varies by location, age and skills, with 12 separate
scales.  After a modest May wage increase and considerable
appreciation of the Kenya shilling (ksh) against the dollar,
the lowest minimum wages were $37.80 (ksh 1,700) in urban areas
and $21.22 (ksh 955) in rural areas.  Workers in some
enterprises claimed that employers force them to work extra
hours with no overtime pay.  Prices for some basic commodities
declined in mid-1994, but because of rampant inflation the
minimum wage was still insufficient to support a family.  Most
workers relied on second jobs, subsistence farming, or the
extended family for additional support.
The Regulation of Wages and Conditions of Employment Act limits
the normal workweek to 52 hours, although some categories of
workers have a shorter workweek.  Nighttime employees, however,
may be employed for up to 60 hours a week.  As is the case with
respect to minimum age limitations, the Act specifically
excludes agricultural workers from its purview.  An employee in
the nonagricultural sector is entitled to 1 rest day in a
week.  There are also provisions for 1 month of annual leave
and sick leave.  Kenyan law provides that the total hours
worked (i.e., regular time plus overtime) in any 2-week period
for night workers may not exceed 144 hours; the limit is 120
hours for other workers.  The Ministry of Labor is tasked with
enforcing these regulations and reports of violations are few.
The Factories Act of 1951 sets forth detailed health and safety
standards; the Act was amended in 1990 to encompass the
agriculture, service, and government sectors.  The Minister of
Labor is responsible for enforcement of health and safety
provisions of the Factories Act.  The 65 health and safety
inspectors attached to the Ministry of Labor's Directorate of
Occupational Health and Safety Services have the authority to
inspect factories and work sites.  As a result of the 1990
amendments, the Directorate's inspectors may now issue notices
enjoining employers from practices or activities which involve
a risk of serious personal injuries.  Previously, only
magistrates were vested with this authority.  Such notices may
be appealed to the Factories Appeals Court, a body of four
members, one of whom must be a High Court judge.  In 1994 the
Directorate's factory inspections maintained their level, which
had increased dramatically in 1993.  Work-related accidents and
illnesses declined slightly.
KIRIBATI1
]+]+TITLE:  KIRIBATI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            KIRIBATI
The nation of Kiribati comprises some 76,300 people occupying
33 small islands widely scattered across 3.5 million square
kilometers of the central Pacific.  The population is primarily
Micronesian, with a significant component of Polynesian
origin.  Kiribati gained full independence from the United
Kingdom in 1979 and became a republic within the Commonwealth
of Nations.  It has a nationally elected president and a
legislative assembly with 39 members elected by universal
suffrage and 2 members ex officio .
The main security apparatus is a police force of about 250
personnel, responsible to and effectively controlled by
civilian authority.
Economic activity consists primarily of subsistence agriculture
and fishing.  The islands' isolation and meager resources,
including poor soil and limited arable land, severely limit
prospects for economic development.
Kiribati society is egalitarian, democratic, and respectful of
human rights.  There were no reports of specific human rights
abuses in 1994, but in the traditional culture women have
occupied a subordinate role, with limits on their job
opportunities.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although torture and inhuman or degrading treatment or
punishment are forbidden by the Constitution, corporal
punishment is permitted under traditional mores for criminal
acts and other transgressions.  On some outer islands, the
island councils occasionally order strokes with palm fronds to
be administered for public drunkenness and other minor offenses
such as petty thievery.
     d.  Arbitrary Arrest, Detention, or Exile
Constitutional safeguards against arbitrary arrest and
detention are observed in practice.  There is no exile,
internal or external.
     e.  Denial of Fair Public Trial
The right to a fair public trial is assured by law and observed
in practice.  The Constitution provides that an accused person
be informed of the nature of the offense for which he is
charged and be provided adequate time and facilities to prepare
a defense.  The right to confront witnesses, present evidence,
and appeal convictions is enshrined in law.
Procedural safeguards are based on English common law.  The
judiciary is independent and free of governmental interference.
Kiribati has no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The privacy of the home is protected in law and respected by
the Government.  There is no arbitrary intrusion by the State
or political organizations into the private life of the
individual.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and press is provided for in the Constitution
and observed in practice.  Kiribati's radio station and only
newspaper are government owned but offer a variety of views.
Churches publish newsletters and other periodicals.  Academic
freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, including the right to form or belong to
associations for the advancement or protection of a group's
interests.  There are no significant restrictions in practice.
     c.  Freedom of Religion
Freedom of religion prevails.  There is no state or preferred
religion.  Missionaries are free to seek converts.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel within the country and abroad.
There are no restrictions on repatriation.  Kiribati has no
refugees or displaced persons.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Government is chosen by the people in periodic free and
open elections.  Executive authority is exercised by the
President, who is elected by the people for a 4-year term.  No
less than three and no more than four presidential candidates
are nominated by the elected Legislative Assembly from among
its members.  Under the Constitution, the President is limited
to three terms.
Prior to a snap general election held in August, there had been
no formally organized parties, although election time did bring
about coalitions of various interest groups.  Since
independence in 1979, the former ruling group called itself the
National Progressive Party.  After the Government fell in May
in a no-confidence vote, the opposition forces which brought it
down formed the Maneaban Te Mauri Party (MTM).  In the August
parliamentary election, the MTM won 19 of the 39 seats in the
Assembly.  An opposition leader, Teburoro Tito, was elected
President in the September balloting.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no restrictions on the formation of local
nongovernmental organizations that concern themselves with
human rights, but to date none has been formed.  There have
been no reported allegations of human rights violations by the
Government and no known requests for investigations.  Kiribati
is not a member of the United Nations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of race,
creed, national origin, or sex, and this prohibition is
generally observed in practice.  Kiribati society,
fundamentally egalitarian, has no privileged chiefly class.
     Women
The traditional culture, in which males are dominant, has been
an impediment to women taking a more active role in the
economy.  This is slowly changing, and more women are finding
work in unskilled and semiskilled occupations.  There are also
signs of affirmative action in government hiring and promotions
to redress this culturally based inequity.  Recent examples of
affirmative action with regard to the advancement of women
include the appointment of Makurita Baaro as the nation's first
female Secretary for Foreign Affairs.  Furthermore, the
selection of recent female participants from Kiribati in
overseas training programs in the United States, Japan, and
other countries reflects a firm commitment to the advancement
of women.  Women have full and equal access to education.
Statistics on the participation of women in the work force and
comparative wages are unavailable.  Women have full rights of
ownership and inheritance of property.  Violence against women
does not appear to be a major problem in this isolated, rural
society.  Rape is a crime under the law, and the law is
enforced when charges are brought to court.  To the extent that
it exists, wife beating is dealt with informally and in a
traditional way; frequently, communal pressure is brought to
bear.
     Children
If child abuse exists, it is rare and has not become a source
of societal concern.  Within the limited resources of the
Government, adequate expenditures are made for child welfare.
     People with Disabilities
There is no evidence or complaint of discrimination in
employment, education, or provision of other state services.
Accessibility for the disabled has not been mandated.
Section 6  Worker Rights
     a.  The Right of Association
Freedom of association is provided for in the Constitution.
Workers are free to organize unions and choose their own
representatives.  The Government does not control or restrict
unions.  Over 90 percent of the work force is occupied in
fishing or subsistence farming, but the small wage sector has a
relatively strong and effective trade union movement.  In 1982
the seven trade unions registered in Kiribati merged to form
the Kiribati Trade Union Congress (KTUC).  It has approximately
2,500 members, mostly from the public service sector.  The KTUC
is affiliated with the International Confederation of Free
Trade Unions.  The right to strike is provided for by law.
However, strikes are rare, the last one having taken place in
1980.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is provided for under the Industrial
Relations Code.  Government wage setting is the rule in the
large public sector.  The Ministry of Commerce, Industry, and
Employment sets wages after consultations with the Ministry of
Finance and Economic Planning.  However, in a few statutory
bodies and government-owned companies, employees may negotiate
wages and other conditions.  In the private sector, employees
may also negotiate wages with employers.  Negotiations are
generally nonconfrontational, in keeping with Kiribati
tradition.  There have been no reports of antiunion
discrimination.  However, there are mechanisms for resolving
any such complaints.  Kiribati has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited under the Constitution
and is not practiced.
     d.  Minimum Age for Employment of Children
Kiribati law prohibits the employment of children under age
14.  Children through age 15 are prohibited from industrial
employment and employment aboard ships.  Labor officers from
the Ministry of Commerce, Industry, and Employment normally
enforce these laws effectively, given the rudimentary
conditions of the economy and its industrial relations system.
Children are rarely employed outside the traditional economy.
     e.  Acceptable Conditions of Work
The Government has taken no concrete action to implement
longstanding legislation authorizing establishment of minimum
wages.  There is no legislatively prescribed workweek.  The
Government is the major employer in the cash economy.
Employment laws provide rudimentary health and safety standards
for the workplace.  Employers must, for example, provide an
adequate supply of clean water for workers and ensure the
existence of sanitary toilet facilities.  Employers are liable
for the expenses of workers injured on the job.  The
Government's ability to enforce employment laws is hampered by
a lack of qualified enforcement personnel.  Women may not work
at night except under specified circumstances (generally in
service jobs such as hotel clerks).
KOREA__N1
YTITLE:  DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA HUMAN RIGHTS
PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA*
The Democratic People's Republic of Korea (DPRK) is a
dictatorship under the absolute rule of the Korean Workers'
Party (KWP).  Kim Il Sung ruled the DPRK from its inception
until his death in July.  Although he has not yet assumed his
father's positions of President of the DPRK and Secretary
General of the KWP, Kim Jong Il appears to be in control of the
DPRK following his father's death.  Both Kim Il Sung and Kim
Jong Il continue to be the objects of intensive personality
cults.
The North Korean regime subjects its citizens to rigid
controls.  The regime establishes security ratings for each
individual which determine access to employment, schools,
medical facilities, and certain stores as well as admission to
the KWP, but it may have relaxed this loyalty system somewhat
in recent years.  The state leadership perceives individual
rights as an alien concept subversive to the goals of the State
and party.
The State directs all significant economic activity, and only
government-supervised labor union activity is permitted.  The
North Korean economy has contracted by an average of
approximately 7 percent per year over the last 3 years, largely
due to the elimination of Russian/Soviet concessional trade and
aid.  Economic development continues to be hindered by
distribution bottlenecks, inefficient allocation of resources,
poor international credit stemming from the DPRK's default on
much of its foreign debt, and by the diversion of a quarter of
the gross national product to military expenditures.  The
rationing of food, clothing, and energy appeared to continue in
most parts of the country.
(*The United States does not have diplomatic relations with the
Democratic People's Republic of Korea.  North Korea does not
allow representatives of foreign governments, journalists, or
other invited visitors the freedom of movement that would
enable them to assess human rights conditions there.  Most of
this report, therefore, is based on information obtained over a
period of time extending from well before 1994.  While limited
in detail, the information is nonetheless indicative of the
human rights situation in North Korea today.)
The Government continues to deny its citizens most fundamental
human rights.  The Penal Code is draconian, stipulating capital
punishment and confiscation of all assets for a wide variety of
"crimes against the revolution," including defection, slander
of the party or State, and possessing "reactionary" printed
matter.  The regime permits no independent press or
associations, and little outside information reaches the public
except that approved and disseminated by the Government.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Political prisoners, opponents of the regime, repatriated
defectors, and others (reportedly including military officers
suspected of plotting against Kim Jong Il) have been summarily
executed.  Article 52 of the Criminal Law makes the death
penalty mandatory for activities "in collusion with
imperialists" aimed at "suppressing the national liberation
struggle," and some prisoners are sentenced to death for such
ill-defined "crimes" as  "ideological divergence" and other
"counterrevolutionary crimes."
     b.  Disappearance
There is no reliable information on disappearances within North
Korea.  There were reports in the 1980's, however, of DPRK
involvement in the kidnaping abroad of South Koreans, Japanese,
and other foreign citizens.  The Japanese press estimates as
many as 20 Japanese may have been kidnaped and are being
detained in North Korea.  The DPRK denies these reports.
Amnesty International (AI) reports issued in 1993 and 1994
detail a number of cases, including that of the Shibata family
of Japan.  Shibata Kozo and his wife Shin Sung Suk, a Korean
resident of Japan, left Japan in 1960 and resettled in North
Korea.  Mr. Shibata was reportedly charged in 1965 with spying
and sent to a sanatorium.  He reportedly is in poor health,
according to former detainees, and there has been no word about
his wife and three children since 1965.  Mr. Kim Myong Se,
according to AI, has not received any news about his wife,
daughter, or other family members still in North Korea since he
applied for political asylum in Russia in 1992.
     c.  Torture and  Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There is no information on recent practices, but credible
reports indicate that during the 1980's prisoners were
routinely tortured or ill-treated, and many prisoners died from
torture, disease, starvation, or exposure.  In some cases
executions reportedly were carried out at public meetings
attended by workers, students, and schoolchildren.  Executions
have also been carried out before assembled inmates at places
of detention.
According to AI, whole families, including children, are
imprisoned together.  "Reeducation through labor" is common
punishment, consisting of forced labor (logging, tending crops)
under harsh conditions.  A small number of people who claim to
have escaped from North Korean detention camps report that
starvation and executions are common.  In one prison, clothing
was issued only once in a 3-year period.  Former inmates have
produced photographs of an inmate wearing specially designed
leg irons which permit walking but make running impossible.  AI
also reports the existence of "punishment cells," too low to
permit standing upright and too small for lying down flat,
where prisoners are kept for up to several weeks for breaking
prison rules.
     d.  Arbitrary Arrest, Detention, or Exile
Little information is available on North Korea's criminal
justice procedures and practices, and outside observation of
its legal system has not been permitted.
The law provides that prisoners may be held for interrogation
for a maximum of 2 months, but this period may be extended
indefinitely.  Family members or other concerned persons find
it virtually impossible to obtain information on charges
against detained persons.  Judicial review of detentions does
not exist in law or in practice.
Defectors claim that North Korea detains about 150,000
political prisoners and family members in maximum security
camps in remote areas.  An October 1992 report by two former
inmates made reference to the severe living conditions in what
they called "concentration camps."  North Korean officials deny
the existence of such gulags or prisons but admit the existence
of "education centers" for people who "commit crimes by
mistake."
One credible report lists 12 such prison camps in the DPRK.  It
is believed that some former high officials are imprisoned in
the camps.  Visitors to, and any form of communication with,
detainees, although once allowed, are now said to be prohibited.
In July 1991, Cho Kap Chae, a North Korean defector who had
been a ranking official in the DPRK Ministry of Public
Security, said that there were two types of detention areas.
One consists of closed camps from which prisoners never emerge,
and where conditions are extremely harsh.  In the other,
prisoners can be "rehabilitated," and Cho reported that a
prisoner he knew was released after a 3-year detention.
According to an AI report, the Government is currently
detaining for political offenses 58 people, some of them for as
long as 30 years.
     e.  Denial of Fair Public Trial
The Constitution states that courts are independent and that
judicial proceedings are to be carried out in strict accordance
with the law.  The Constitution contains elaborate procedural
guarantees.  Article 138 states that "cases are heard in
public, and the accused is guaranteed the right to defense;
hearings may be closed to the public as stipulated by law."
However, the accepted international concepts of an independent
judiciary and individual rights are alien to the DPRK.  The
Public Security Ministry dispenses with trials in political
cases and refers defendants to the Ministry of State Security
for imposition of punishment.
When trials are held, lawyers are apparently assigned by the
Government, and reports indicate that defense lawyers are not
considered representatives of the accused, but rather are
independent parties who are expected to help the court by
persuading the accused to confess guilt.  Some reports note a
distinction between those accused of political crimes and
common criminals, and state that the Government affords trials
only to the latter.  The Government considers critics of the
regime to be  "political criminals."  Numerous reports suggest
that political offenses have in the past included such forms of
lese majesty as sitting on newspapers bearing Kim Il Sung's
picture.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The constitutional stipulation that "citizens are guaranteed
the inviolability of person and residence and the privacy of
correspondence" does not reflect reality.  The Government
relies upon an extensive system of informers to identify
critics and potential troublemakers.  In some cases, entire
families are detained for alleged political offenses committed
by one member of the family.
The authorities subject citizens in all age groups and
occupations to political and ideological indoctrination.  Even
after Kim Il Sung's death, his cult of personality and
glorification of his family and the official "juche"
(self-reliance) ideology continued to be omnipresent.  The cult
approaches the level of a state religion.  The goal of
indoctrination remains to ensure loyalty to the Kim Il Sung
system and his son and heir Kim Jong Il, as well as conformity
to the State's ideology and authority.  Indoctrination is
carried out systematically not only through the mass media, but
also in schools and through worker and neighborhood
associations.  Citizens with relatives who fled to South Korea
at the time of the Korean War appear to be still classified as
part of the "hostile class" in the DPRK's elaborate loyalty
system.  Because approximately 10 million families were
separated by the war, this category encompasses a significant
percentage of the North Korean population.
The defector Cho Kap Chae estimated that the class of those
considered politically "impure" may comprise 25 to 30 percent
of the population.  Members of this class may still be subject
to some discrimination, although Cho claimed that their
treatment has improved greatly in recent years.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Articles of the Constitution that require citizens to follow
the "Socialist norms of life" and to obey a "collective spirit"
take precedence over individual political or civil liberties.
While freedom of speech, press, assembly, association, and
demonstration are formally guaranteed, they do not exist in
practice.  The regime permits only activities which support its
objectives.
The Government strictly curtails the rights of freedom of
expression and association guaranteed under the International
Covenant on Civil and Political Rights, to which North Korea
became a party in 1981.  The authorities may punish persons
criticizing the regime or its policies by imprisonment or
"corrective labor."  One defector reported in 1986 that a
scientist, whose home was bugged through his radio set, was
arrested and executed for statements made at home critical of
Kim Il Sung.  In another case, AI reports that a family
formerly resident in Japan was sent to a "reeducation through
labor" center because one member of the family allegedly made
remarks disparaging the Government.
The Government attempts to control all information that enters
and leaves the DPRK.  It carefully manages the visits of
Western journalists.  The authorities restricted access to
Russian publications that carried articles critical of North
Korea, and during 1991 closed several of their offices.
Domestic media censorship is strictly enforced, and no
deviation from the official government line is tolerated.  The
regime prohibits listening to foreign media broadcasts except
by the political elite, and violators are subject to severe
punishment.  Radios and television sets are built to receive
only domestic programming.  The Government controls artistic
and academic works, and visitors report that the primary
function of plays, movies, operas, children's performances, and
books is to contribute to the cult of personality surrounding
Kim Il Sung and Kim Jong Il.
     b.  Freedom of Peaceful Assembly and Association
The Government prohibits any public meetings without
authorization.  There are no known organizations other than
those created by the Government.  Professional associations
exist solely as another means of government control over the
members of these organizations.
     c.  Freedom of Religion
The Constitution provides for the rights of "religious liberty
and the freedom of antireligious propaganda."  However, the
regime firmly discourages all organized religious activity
except that which serves the interests of the State.  In recent
years, it has facilitated the formation of government-sponsored
religious organizations to advance its foreign policy goals.
The DPRK claims there are 10,000 Christians who worship in 500
home churches, and the Chondogyo Young Friends Party, a
government-sponsored group based on a native Korean religious
movement, is still in existence.  There are a few Buddhist
temples where religious activity is permitted, and two
Christian churches--one Protestant and one Catholic--were built
in late 1988.  Some visitors attest to the authenticity of the
church services and to the faith of the worshipers observed;
others say the church activity appears staged.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The DPRK regime strictly controls internal travel, requiring a
travel pass for any movement outside one's home village; these
passes are granted only for official travel or attendance at a
relative's wedding or funeral.  Long delays in obtaining the
necessary permit often result in denial of the right to travel
even for these limited purposes.  Only a very small elite have
vehicles for personal use.  The regime tightly controls access
to civilian aircraft, trains, buses, food, and fuel.  Most
workers are required to live outside Pyongyang, the capital,
and commute to and from work on foot.
Reports, primarily from defectors, indicate that the Government
routinely uses forced resettlement, particularly for those
deemed politically unreliable.  The Government strictly
controls permission to reside in, or even enter, Pyongyang.
The regime limits foreign travel to officials and trusted
artists, athletes, and academics.  It does not allow
emigration, although there have been a limited number of
defections.  Recently, the number of defectors has increased
somewhat.  The regime retaliates against the relatives of those
few persons who manage to escape.  Involuntarily repatriated
defectors have been jailed or in some cases executed.  As a
rule, the regime does not currently allow students to study
outside of friendly countries.
From 1959 to 1982, 93,000 Korean residents of Japan, including
6,637 Japanese wives, voluntarily repatriated to North Korea.
Despite regime assurances that the wives, 1,828 of whom still
had Japanese citizenship, would be allowed to go home to Japan
every 2 or 3 years, none is known to have done so.  Most have
not been heard of again.
Over the past decade, the DPRK has gradually permitted an
increasing number of overseas Korean residents of North
America, Japan, China, and other countries to visit their
relatives in North Korea.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have no right or mechanisms by which they can effect
transitions in leadership or changes in government.  The
political system is completely dominated by the KWP, with Kim
Il Sung's heir Kim Jong Il apparently in control.  (There is
very little hard information available on intraregime politics
following Kim Il Sung's death.)  The legislature, the Supreme
People's Assembly, which meets only a few days a year, serves
only to rubberstamp resolutions presented to it by the party
leadership.
In an effort to create the appearance of democracy, the DPRK
has created several "minority parties."  Lacking grass roots
organizations, they exist only as rosters of officials with
token representation in the Supreme People's Assembly.  Their
primary purpose appears to be that of promoting government
objectives abroad as touring parliamentarians.  Free elections
do not exist in North Korea.  Although elections to the Supreme
People's Assembly and provincial, city, and county assemblies
are held regularly, in all cases there is only one government-
approved candidate in each electoral district.  According to
the media, over 99 percent of the voters turned out to elect
100 percent of the candidates approved by the KWP.  The vast
majority of the KWP's estimated 3 million members (in a
population of 22 million) work to implement decrees formulated
by the party's small elite.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not permit any domestic organizations to
monitor human rights conditions or to comment on violations of
such rights.
AI representatives visited the DPRK in 1991 and met officials
from the Ministries of Foreign Affairs and Public Security, as
well as with judges, lawyers, and legal scholars.  Subsequently,
the DPRK has ignored requests for visits by AI, Asia Watch, and
other human rights organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution grants equal rights to all citizens.  As noted
above, however, the Government denies its citizens the most
fundamental human rights.
     Women
The Constitution states that "women hold equal social status
and rights with men."  However, few women have reached high
levels of the party or the Government.  Women are represented
proportionally in the labor force, with the exception of small
factories in which the work force is predominantly female.
Neither government policy nor traditional social norms condone
violence against women.
     Children
Social norms reflect traditional, family-centered values in
which children are cherished.  The State provides education for
all children.  There is no pattern of societal or familial
abuse of children.
     People with Disabilities
There are no legally mandated provisions for accessibility to
buildings or government services for the disabled.  Traditional
social norms condone discrimination against the physically
handicapped.  Handicapped persons, other than war veterans, are
reportedly not allowed within the city limits of Pyongyang.
According to one credible report, authorities check every 2 to
3 years in the capital for persons with deformities and
relocate them to special facilities in the countryside.
Section 6  Worker Rights
     a.  The Right of Association
Nongovernmental labor unions do not exist.  The Korean Workers'
Party purports to represent the interests of all labor.  There
is a single labor organization, called the General Federation
of Trade Unions of Korea, which is affiliated with the formerly
Soviet-controlled World Federation of Trade Unions.  Operating
under this umbrella, unions function on the classical Soviet
model, with responsibility for mobilizing workers behind
production goals and for providing health, education, cultural,
and welfare facilities.  They do not have the right to strike.
North Korea is not a member of, but has observer status with,
the International Labor Organization.
     b.  The Right to Organize and Bargain Collectively
Workers have no right to organize or to bargain collectively.
Wages are set by government ministries.  The State assigns all
jobs.  Ideological purity is as important as professional
competence in deciding who receives a particular job.  Factory
and farm workers are organized into councils, which do have an
impact upon management decisions.
     c.  Prohibition of Forced or Compulsory Labor
There is no prohibition on the use of forced or compulsory
labor, and the Government routinely uses military conscripts
for construction projects.  "Reformatory labor" and
"reeducation through labor" are common punishments for
political offenses.  AI reports that forced labor, such as
logging and tending crops, is common among prisoners.
     d.  Minimum Age for Employment of Children
No data are available on the minimum age for employment of
children.  However, education is universal and mandatory until
age 15, and it is believed that this regulation is enforced.
     e.  Acceptable Conditions of Work
No data are available on minimum wages.  They appear to be
adequate to support workers and their families at a basic
subsistence level.  Wages are not the primary form of
compensation since the State provides all educational and
medical needs free of charge, while most goods are distributed
according to a rationing system and only token rent is charged.
In January labor regulations for foreign-funded enterprises
were reportedly adopted by the Administration Council.
Referring to labor contracts, they set out provisions on the
employment and dismissal of workers, technical training, work
hours, rest periods, remuneration, labor protection, social
security, fines for violations of regulations, and settlement
of disputes.
The Constitution stipulates an 8-hour workday, but several
sources report that most laborers work 12 to 16 hours daily.
KOREA__S1
bTITLE:  REPUBLIC OF KOREA
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                       REPUBLIC OF KOREA
The Republic of Korea is governed by a directly elected
president and a unicameral national assembly selected by both
direct and proportional election.  The ruling Democratic
Liberal Party continued its efforts to reform the political
system and the economy but still has not been able to eliminate
some vestiges of its authoritarian past.
Responsibility for maintaining internal security lies with the
National Security Planning Agency (NSP), the Korean National
Police (KNP), and the Defense Security Command (DSC).  In July
the National Assembly created an intelligence oversight
committee to serve as an independent watchdog on security
agencies.  According to legislation passed in 1993, the NSP is
restricted from interfering in domestic politics and has
investigative authority only in cases involving terrorism,
espionage, and international crime organizations.  Although the
1993 legislation was intended to prevent human rights abuses by
these security agencies, there continued to be some credible
reports of such abuses.
Korea has become a major industrial power and achieved rapid
economic growth despite a lack of natural resources.  After an
economic slowdown in 1993, production rose in 1994 with an
increase in the gross national product exceeding 8 percent.
However, a number of problems remain, including high levels of
rural migration to the cities, labor shortages, unbalanced
regional development, an inefficient agricultural sector, and
inadequate infrastructure.
The Government took some steps to strengthen judicial
independence and increase awareness of human rights by
appointing new judges, prosecutors, and police.  However, it
slowed the pace of reform in response to increased tensions
with North Korea over the nuclear issue, a rise in violent
student demonstrations, and labor unrest, and it shelved
planned reform of labor laws.  Korea's labor statutes and
practice continued to fall short of international standards.
There continued to be credible reports that the police deprived
some suspects of access to counsel and subjected some suspects
to verbal threats and sleep deprivation during interrogation.
There was also one confirmed case in which authorities
physically abused a suspect under interrogation.  Women
continued to face legal and societal discrimination and
widespread physical abuse, and there is still no effective
legal redress for these problems.
The Government continued to subject released political
prisoners to surveillance and required them to make regular
reports to the police under the Social Surveillance Law.  The
Government has not addressed the issue of amnesty or redress in
some of the cases of prisoners who are serving long sentences
on charges believed to have been fabricated by previous
governments.  Some of these prisoners were reportedly subjected
to torture to extract confessions and to trials that did not
meet international standards of fairness.  Although direct
government control over the news media has virtually
disappeared, the wide latitude provided judges in determining
the motive behind the production, sales, and distribution of
"pro-North Korean" or "pro-Communist" literature and the
possibility of arrest under the National Security Law (NSL)
have curtailed press freedom.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings by
the police or military.  In August a bystander at a radical
student rally was interrogated and assaulted by a group of
demonstrators who suspected him of being a government
informant.  The man died shortly afterwards, and one of the
students has been indicted in this case.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Government has ordered investigating authorities to protect
the human rights of suspects, and allegations of abuse by
authorities of those in custody for questioning continued to
decline.  Nonetheless, prosecutors continued to place much
emphasis on extracting confessions from suspects.  In spite of
government directives discouraging sleep deprivation as a
technique for obtaining confessions, there continued to be
credible reports of police questioning suspects through the
night, of suspects being denied the right to talk to a lawyer
for several days after arrest, and, in at least some instances,
of physical abuse.  The Government has confirmed that police
physically abused murder suspects under interrogation in one
particular case in Pusan.  Also, dissidents Kim Sam Sok and his
sister Kim Un Ju, who were arrested in September 1993 under the
NSL, claimed that they had been abused while in detention.
Both charged that the police had used sleep deprivation, verbal
threats, and beatings to extract confessions from them.  Kim
Sam Sok also charged that he had been sexually abused by
authorities, while his sister cited threats of rape (see
Section 1.e.).  An investigation of these allegations is
ongoing, but evidence has not yet surfaced to substantiate
their claims of sexual abuse.
There were also reports of verbal abuse and threats during
questioning.  These reports were particularly frequent during
the mass arrests of students following the upsurge of violent
protests over the summer.
The Government continued to investigate and consider cases in
which former detainees argued that they deserved redress for
torture suffered in the past.  However, the Government has
failed to provide an effective mechanism for redress, such as
an independent body to investigate complaints of human rights
violations.  It remained relatively rare for officials accused
of abuse or harassment of suspects to be prosecuted.
Prison diets are adequate, but the prisons offer little
protection against cold in winter and heat in the summer.
Consequently, some prisoners claim that the conditions have
damaged their health.  There have been a few claims that prison
guards have used excessive force or have needlessly put
prisoners in manacles.  Prisoner access to reading materials
has improved significantly in recent years.  There is little
independent monitoring of prison conditions, although
representatives of human rights groups may see certain
prisoners if approved by the prison warden.
     d.  Arbitrary Arrest, Detention, or Exile
Korean law is vague with respect to detention, and prosecutors
have wide latitude to interpret the law.  The NSL defines
espionage in broad terms and permits the authorities to detain
and arrest persons who commit acts viewed as supportive of
North Korea and therefore dangerous to the Republic of Korea.
Authorities arrested not only persons spying on behalf of North
Korea but also those who exercised their freedom of speech to
criticize the Government or to praise North Korea, its leader
Kim Il Sung, or Kim Il Sung's "self-reliance" ("juche")
political philosophy.  The United Nations Human Rights
Committee termed the NSL "a major obstacle to the full
realization of the rights enshrined in the International
Covenant on Civil and Political Rights."  The Government
arrested over 200 dissidents under the NSL during the year,
more than twice as many as in 1993.
Article 7 of the NSL permits the imprisonment for up to 7 years
of anyone who "with the knowledge that he might endanger the
existence or security of the State or the basic order of free
democracy, praised, or encouraged, or propagandized for, or
sided with the activities of an antistate organization."  The
legal standard for knowing that one might endanger the
existence of the State is vague.  Consequently, a number of
Koreans have been arrested for what appears to be simply
expressing leftwing views.  In February the police arrested
members of Heemangsae, a singing group whose song lyrics
express support for "juche" philosophy, under the NSL's
provisions.  In May the police arrested students in Kwangju who
built an altar honoring Kim Il Sung during a demonstration and
charged them with violating the NSL.  The police also
investigated university professors at Kyongsang University
under the NSL because a textbook they had written several years
ago used Marxist jargon and echoed some of the ideology of Kim
Il Sung (see Section 1.e.).
The Government's rationale for keeping the NSL is that North
Korea is actively trying to subvert the South Korean Government
and society and that special circumstances call for limiting
some forms of expression to block the greater danger to freedom
and democracy posed by totalitarianism.  The effect is to
relieve the Government of the burden of proving in a court of
law that any particular speech or action does, in fact,
threaten the nation's security.
The law requires warrants to be issued by judges in cases of
arrest, detention, seizure, or search, except if the person is
apprehended while committing a criminal act, or if a judge is
not available and the authorities believe that the suspect may
destroy evidence or escape capture if not quickly arrested.  In
such emergency cases, judges must issue arrest warrants within
48 hours after apprehension, or, if a court is not located in
the same county, in 72 hours.  Police may detain suspects who
voluntarily come in for questioning for up to 6 hours but must
notify the suspects' families.  However, they do not always
respect these legal requirements.
Upon issuance of an arrest warrant, the security services
normally must release suspects after 30 days unless an
indictment is made.  Hence, detainees are a relatively small
percentage of the total prison population.  Article 19 of the
NSL gives judges the power to approve requests to extend the
detention period an additional 20 days, making detention legal
for up to 50 days.  The Constitutional Court, however, ruled
that, while the authorities may extend detention beyond the
legal limit of 30 days for those suspected of "serious"
violations, such as spying or organizing an antistate group,
they may not do so in cases in which the suspects are charged
only with praising North Korea or failing to report NSL
violations.
The Constitution specifically provides for the right to
representation by an attorney.  However, prosecutors prohibit
attorneys from accompanying their clients during
interrogation.  The Government began to permit suspects during
the investigative phase to consult with "duty lawyers," a new
system set up by a nongovernmental association of lawyers.
However, there were numerous complaints that access to a lawyer
was restricted during this phase.  There is a functioning
system of bail, but human rights lawyers say that bail is
generally not granted in cases involving serious offenses, and,
even when the offense is relatively minor, bail often will not
be granted unless the victim of the alleged crime agrees to the
bail request.
There were no cases in 1994 of political dissidents being
exiled without due process.
     e.  Denial of Fair Public Trial
The Constitution provides defendants a number of rights in
criminal trials, including presumption of innocence, protection
against self-incrimination, freedom from retroactive laws and
double jeopardy, the right to a speedy trial, and the right of
appeal.  When a person is physically detained, the initial
trial must be completed within 6 months of arrest.  These
rights are generally observed.  Trials are open to the public,
but the judge may restrict attendance if he believes spectators
may seek to disrupt the proceedings.
The President appoints the Chief Justice and most justices of
the Constitutional Court.  Although judges do not receive life
appointments, in recent years the judiciary has shown
increasing independence, and that trend continued in 1994.
Judges cannot be fired or transferred for political reasons.
Judicial officials generally considered committed to the
independence and integrity of the judiciary were appointed to
important positions in 1994.
In July Chief Justice Yoon Kwan nominated six new justices to
the Supreme Court, including a lawyer previously active in the
human rights movement.  In a notable instance of judicial
independence, prosecutors who sought to arrest Kyongsang
University professors in September under the NSL for writing a
Marxist textbook were thwarted by a judge who denied the
warrants, arguing that prosecutors had not provided evidence of
the professors' pro-Communist activities.  Similarly, in the
case of Kim Sang Sok and Kim Un Ju, the Supreme Court limited
the kind of evidence that could be deemed a "state secret."
The Kims, who were convicted on charges of working with North
Korean agents overseas, were cleared on appeal of passing a
"state secret" (a South Korean newspaper), thus reducing their
sentences by from 1 to 3 years.
Judges generally allow considerable scope for examination of
witnesses by both the prosecution and defense.  Cases allegedly
involving national security and criminal cases are tried by the
same courts.  Although convictions are rarely overturned,
appeals often result in reduced sentences.  Death sentences are
automatically appealed.  The Constitutional Court, which began
operation in 1988, continued to grow in its role of
interpreting the Constitution.
The courts continued to investigate allegations of past abuse
of political dissidents.  Human rights groups believe that many
of these prisoners were sentenced to long prison terms on
trumped up charges of spying for North Korea during the 1970's
and 1980's.  Furthermore, they had been held incommunicado for
up to 60 days after their arrest, subjected to extreme forms of
torture, forced to make "confessions," and convicted after
trials that did not conform to international standards for a
fair trial.  Human rights groups allege that some of these
political prisoners have been denied early parole because they
refused to renounce real or alleged communist beliefs.  Those
political prisoners who have been released continue to be
subjected to police surveillance and requirements to report
their activities regularly to the police.
In a celebrated case, the families of 65 prisoners sued the
Government, arguing that these dissidents had been imprisoned
arbitrarily by past regimes.  Human rights groups claim that
this case and others like it have received only perfunctory
investigation and that those who received unfair trials in the
past still languish in prison.
It is difficult to estimate the number of political prisoners,
i.e., those jailed for exercising their political rights
unaccompanied by violence, because it is not clear whether
particular persons were arrested for merely exercising the
right of free association or were detained for committing or
planning acts of violence or espionage.  Because of a wave of
violent protests in 1994 over such issues as government trade
policy and the attendant government clampdown on dissidents,
the number of Koreans arrested for politically related crimes
increased substantially.  Some human rights monitors estimate
that the number of political prisoners in Korea increased to
more than 500 in 1994.  However, their definition of political
prisoner generally includes all persons imprisoned for acts
that were politically motivated, without distinction as to
whether the acts themselves included violence or other criminal
behavior.  The number of political prisoners and detainees as
defined by international standards appears to number under 200.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
In general, the Government honors the integrity of the home and
family.  In the past, the security services conducted varying
degrees of surveillance, including wiretaps, of political
dissidents.  The Antiwiretap Law and the law to reform the NSP
were designed to curb government surveillance of civilians, and
appear largely to have succeeded.  The Antiwiretap Law lays out
broad conditions under which the monitoring of telephone calls,
mail, and other forms of communication are legal  It requires
government officials to secure a judge's permission before
placing wiretaps, or, in the event of an emergency, soon after
placing them, and it provides for jail terms for those who
violate this law.  Some human rights groups argue that a
considerable amount of illegal wiretapping is still taking
place and say the lack of an independent body to investigate
whether police have employed illegal wiretaps hinders the
effectiveness of the antiwiretapping law.
South Koreans are not allowed to listen to North Korean radio
in their homes or read books published in North Korea if the
Government determines that they are doing so for the purpose of
helping North Korea.  Student groups make plausible claims that
government informants are posted around university campuses.
Persons with backgrounds as political or labor activists may
find it difficult to obtain some forms of employment or advance
in such fields as government, broadcast media, and
education.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
While most political discourse is unrestricted, under the NSL
the Government limits the expression of ideas that the
Government considers Communist or pro-North Korean.  The
Government's definition is so broad that it often includes the
nonviolent views of persons, which the Government opposes.
Although most radio and television stations are state
supported, the stations maintain a large degree of editorial
independence in their news coverage.  The censorship board,
which screens movies for sexual or violent content before they
are released, followed more liberal guidelines in 1994.
Consequently, a broader range of films was released to the
public.
While the Government has abandoned direct control over the news
media, it continues to exercise considerable indirect influence
on the media.  Because many former journalists hope to become
government officials, journalists and editors often practice
self-censorship, avoiding or softening criticism of the
Government in order to advance their careers.  Moreover, while
the Government's anticorruption campaign curtailed government
payments of money to reporters, it did not eliminate them.
The libel laws sometimes allow the Government or other
complainants to win judgments against publications for articles
that are unflattering but not necessarily untrue.  In March Kim
Hyon Chol, President Kim Young Sam's son, sued the Hangyoreh
Sinmun newspaper after being the subject of an unflattering
article.  This case has not yet been adjudicated.  In a
celebrated case, some Ewha University students sued Newsweek
magazine after it published an article describing many Ewha
students as materialistic "slaves to money."  The magazine was
ordered to pay $25,000 to each of three Ewha undergraduates
whose photographs were used to illustrate the story.
Prosecutors continued to indict dissidents under the NSL for
producing, selling, or distributing pro-North Korean or pro-
Communist materials.  Court precedents allow Koreans to possess
these kinds of publications for purely academic use, profit, or
curiosity, but not with the intent of subverting the State.
Prosecutors sometimes abuse the discretion allowed them in
determining motives for possessing or publishing such material.
In 1994 it led to a number of arrests of publishers and writers.
In one such case, police arrested Park Chi Kwan, Chief Editor
of Il-Teo publishing, for possessing and publishing a novel
about laborers in steel mills originally published in North
Korea.  In September police asked prosecutors to seek an
indictment of Cho Chung Rae, author of "Taebek Mountain," a
novel published several years ago that depicts Communist
partisans in South Korea in the 1940's in a sympathetic light.
The Government continued to allow, within its guidelines, an
increase in media coverage of North Korea.  South Korean
television networks continued to broadcast edited versions of
North Korean television programs.  The media extensively
reported on U.S. and South Korean talks with North Korean
officials, sending reporters to cover U.S.-North Korean talks
in New York and Geneva.
In July the authorities began investigating eight Kyongsang
University professors whose textbook on Korean society was
deemed by prosecutors to endorse North Korean ideology.  This
investigation caused an outcry in the scholarly community as
being a serious infringement of academic freedom.  Prosecutors
who sought to arrest several of the professors under the NSL
were denied warrants by a judge who argued that the prosecutors
had not provided evidence of the professors' pro-Communist
activities.
     b.  Freedom of Peaceful Assembly and Association
The Law on Assembly and Demonstrations prohibits assemblies
considered likely to undermine public order.  It forbids
outside interference in peaceful assemblies approved by the
authorities.  The law requires that the police be notified in
advance of demonstrations of all types, including political
rallies.  Police must notify organizers if they consider the
event impermissible under this law.  Associations, except those
whose aim is deemed by the Government to be the overthrow of
the State, operate freely.
In general, police showed restraint and discipline in the face
of severe provocation during violent demonstrations in 1994.
During the first part of the year, authorities issued
demonstration permits with few restrictions.  However, because
of an upsurge in violent protests, which increased more than
fourfold in the first quarter of 1994, authorities became more
restrictive.  Such universities as Konguk and Sogang forbade
rallies on campus.  In the past, Korean universities
traditionally had been a safe haven for virtually all forms of
political protest.  Unlike in 1993, the Government did not
support the "South-North Human Chain for Peace and
Reunification" organized by the National Council of Churches in
Korea (KNCC), and authorities limited the scope of the human
chain rallies.  The Government also blocked other Liberation
Day demonstrations organized by student groups and by a
dissident coalition representing "Pomminnyon" (Pannational
Alliance for Unification), arguing that the rallies would lead
to violence.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this provision in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
For most citizens, there is universal freedom of movement
within the country.  However, police may restrict the movements
of some political prisoners who were released from prison.
Foreign travel is generally unrestricted, but travel to North
Korea is allowed only with government approval.  One of the
conditions is that the trip must not have a political
purpose--that is, to praise North Korea or criticize the South
Korean Government.  Travelers to North Korea who do not meet
this criterion are likely to be punished upon their return to
South Korea.  For example, authorities revoked the publishing
license of Park Bo Hi, President of a newspaper in Seoul, after
he made an unauthorized trip to North Korea.  Police also
arrested Pomminnyon leaders Reverend Kang Hee Nam and Ahn Hee
Chan who planned to enter North Korea through Panmunjom to
attend Kim Il Sung's funeral.
Between August 1989 and August 1992, 539 South Koreans in 18
different groups visited North Korea, and another 2,247
contacted North Koreans with government approval.  In 1994,
however, the two sides had few exchanges because of renewed
tensions caused by North Korea's refusal to allow complete
International Atomic Energy Agency inspections of its nuclear
facilities.
In the past, the Government has forbidden some Koreans
convicted of politically related crimes from returning to
Korea.  In September the NSP lifted the entry ban on composer
Yun I Sang, a dissident who has been living in Berlin for a
number of years.  However, the Government required that he
refrain from any political activity while in Korea and that he
give an accounting of his political activities overseas before
authorities would allow him into the country.  (Yun refused
these conditions and decided against returning to South Korea.)
The Government cooperates with the office of the U.N. High
Commissioner for Refugees and other humanitarian organizations
in assisting refugees, and there were no reports of forced
expulsions of those having a valid claim to refugee status.
KOREA__S2
RTITLE:  REPUBLIC OF KOREA
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Korean people have the right to elect their own
government.  The Constitution, as amended in 1987, provides for
the direct election of the President and for a mixed system of
direct and proportional election of legislators to the
unicameral National Assembly.  The President serves a single
5-year term and may not be reelected.  The National Assembly's
term is 4 years.
There is universal suffrage for all citizens aged 20 or above,
and elections are held by secret ballot.  Kim Young Sam, who
took office in February 1992, is Korea's first civilian chief
executive in nearly 30 years.
Because of cultural traditions and discrimination, women occupy
few important positions in government.  In past governments,
the only woman in the Cabinet had been the second minister for
political affairs, whose portfolio was Women's Affairs.
Currently there are two women in the Cabinet, holding
portfolios of Women's Affairs and Education.  In addition, a
woman was appointed mayor of Kwangmyong City, and a female
legislator was appointed to chair one of the special committees
of the National Assembly.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several nongovernmental private organizations are active in
promoting human rights, and they operate without government
restriction.  Chief among these groups are the Lawyers for a
Democratic Society, Sarangbang, the Human Rights Committee of
the National Council of Churches in Korea, the Korean Bar
Association, and "Mingahyup," an association of the families of
political prisoners.  These groups publish reports on the human
rights situation in Korea and make their views known both
inside and outside the country.  Government and ruling party
officials generally have been willing to meet with
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
A conservative Confucian tradition has left women subordinate
to men socially, economically, and legally.  In some companies
women are expected to resign upon marriage or no later than the
birth of their first child.  There has been some limited and
gradual change in social mores and attitudes affecting women;
for example, women have full access to education, and a few
have become government officials and hold elected office.
The Government has not effectively enforced equal employment
opportunity legislation dating to 1988.  As a result there are
very few women who work as company executives or leading
officials in government.  While women account for just over 40
percent of the economically active population, the average
female worker's wage remained a little over half of that of the
average male worker.
The traditional preference for male children continues in Korea
today, although it is less pronounced among people in their
twenties and thirties.  Korean law bans sex testing and
abortions except when the woman's life is in danger, a
hereditary disease would be passed along, or in case of rape or
incest.  However, fetal sex testing and abortion of female
fetuses remain common, and it is estimated that when today's
children reach marrying age there will be 400,000 "surplus
bachelors."
Violence against women remains pervasive, and the law does not
provide adequate protection.  Spouse abuse is common, and some
women's rights groups maintain that it has worsened in the past
few years.  The Amended Family Law, which went into effect in
1991, permits women to head a household, recognizes a wife's
right to a portion of the couple's property, and allows a woman
to maintain greater contact with her offspring after a
divorce.  Although the revisions helped abused women, divorce
still remains a social taboo, and there is little government or
private assistance for divorced women.  These factors, plus the
fact that divorced women have limited employment opportunities
and have difficulty remarrying, lead some women to stay in
abusive situations.  The Government has created some shelters
for battered women and increased the number of child care
facilities, which gives women in abusive situations more
options, but women's rights groups say they fall far short of
effectively dealing with the problem.
Korea has an extremely high rate of reported rapes.  A 1992
report by the National Police Agency estimated that 9.8 women
per 1,000 are raped in South Korea.  Since that time, the
number of reported cases may well have risen.  The activities
of a number of women's groups in Korea have increased awareness
of the importance of reporting and prosecuting rapes as well as
less serious offenses such as sexual harassment in the
workplace.  In a precedent-setting case this spring, a female
researcher at Seoul National University who alleged sexual
harassment by a professor was awarded approximately $40,000 in
damages.  The award received wide and favorable media coverage,
but such cases remain the exception to the rule.  According to
women's rights groups, cases involving sexual harassment or
rape generally go unprosecuted, and perpetrators, if convicted,
often receive very lenient sentences.
     Children
Children's human rights and welfare have not been prominent
social policy issues.  The Government continued to devote an
increasing share of the overall budget to social expenditures,
which includes those related to the welfare of children.
Child abuse has not been studied extensively, and statistics on
such abuse are limited.  Reported cases of child abuse have
generally numbered less than 50 in recent years.  Although
experts believe that a number of cases go unreported, instances
of child abuse still appear to be relatively rare.  According
to official statistics, the number of runaway children each
year has dropped from about 7,000 in the past to approximately
1,000.  The Seoul metropolitan government runs a children's
counseling center, which investigates reports of abuse,
counsels families, and cares for runaway children.  In the
absence of a specific law against child abuse, however, it is
difficult to prosecute and punish child abusers unless they
commit a crime punishable under a separate law.
     National/Racial/Ethnic Minorities
The Republic of Korea is a racially homogeneous country with no
ethnic minorities of significant size.  Nonetheless, regional
rivalries exist.  Persons from the southwestern region (North
and South Cholla provinces) have traditionally faced
discrimination.  Many Koreans believe that successive
governments led by figures from the southeastern region (North
and South Kyongsang provinces) have deliberately neglected the
economic development of the Cholla provinces for political
reasons.  President Kim attempted to alleviate longstanding
regional grievances, such as the violent suppression of the May
1980 Kwangju uprising, through more evenhanded government
spending and appointments.  Centuries of isolation and a
history of foreign invasion and occupation engendered a
tradition of xenophobia in Korea.
Citizenship in Korea is based on blood, not location of birth,
and Koreans must show as proof their family genealogy.  Thus,
Korean-born Chinese residents cannot obtain Korean citizenship
or become public servants and are unlikely to be hired by major
corporations.  Due to legal as well as societal discrimination,
many Chinese residents in Korea have emigrated to other
countries since the 1970's.  Amerasian children are usually
able to obtain Korean citizenship, and no legal discrimination
against them exists.  Informal discrimination, however, is
prevalent and makes it more difficult for Amerasians to succeed
in academia, business, or government.
     People with Disabilities
Community and social organizations have begun to consider the
rights and treatment of people with physical and mental
disabilities.  Although there are public displays of concern
for the disabled, such as the Special Olympics and television
documentaries, public facilities for their everyday care and
use remained inadequate, and their general treatment by society
discriminatory.  The Government lacked adequate educational
programs and schools for severely disabled people.  The
Government did not discriminate officially against the disabled
who were capable of attending regular schools, but societal
pressures and cultural biases have a negative impact on that
access.  The Government has introduced guidelines encouraging
businesses to reserve a portion of jobs for the diasbled.
Beginning in 1995, new public buildings will be required to
include facilities for the handicapped such as a ramp access to
entrances, a wheelchair lift, and parking spaces for the
disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution gives workers, with the exception of public
service employees and teachers, the right to free association.
There are some blue-collar public sector unions in railroads,
telecommunications, the postal service, and the national
medical center.  The Trade Union Law specifies that only one
union is permitted at each place of work and that all unions
are required to notify the authorities when formed or
dissolved.  About 16.4 percent of all Korean workers are
members of a union.
In the past, the Government did not formally recognize labor
federations which were not part of or affiliated with the
country's two legally recognized labor groupings--the
Federation of Korean Trade Unions (FKTU) and the independent
Korean Federation of Clerical and Financial Workers.  In the
past several years, however, the Labor Ministry officially
recognized some independent white-collar federations
representing hospital workers, journalists, and office workers
at construction firms and government research institutes.
Korean courts ruled in 1992 that affiliation to the FKTU is not
required in order to be registered as a legal labor
federation.  In practice, labor federations not formally
recognized by the Labor Ministry existed and worked without
government interference, unless authorities considered their
involvement in labor disputes disruptive.
The Government, however, did arrest unionists it viewed as
acting as third parties in instigating or prolonging labor
disputes.  The number of workers arrested for labor-related
activities increased to over 60, compared with 11 in 1993.
About 30 workers were still in jail as of year's end.  During
the summer, for example, authorities arrested more than 20
members of Chongihyup, an unregistered union of railway
engineers, for leading an illegal railroad strike in June that
paralyzed the transportation network for several days.  Other
unionists whom authorities alleged had entered the labor
movement to foment social unrest were also arrested.  In
September police detained five members of the Songnam area
workers' association and charged them under the NSL with trying
to indoctrinate workers with Kim Il Sung's "juche" ideology.
The Government continued the ban on labor union activities by
public and private schoolteachers, arguing that the teachers'
union (Chonkyojo) is an essentially political organization with
radical aims.  The Government continued its program of
reinstating some of the 1,500 fired teachers if they resigned
from Chonkyojo.
No minimum number of members are required to form a union, and
unions may be formed without a vote of the full prospective
membership.  Election and labor laws forbid unions from
donating money to political parties or participating in
election campaigns.  However, trade unionists have circumvented
the ban by temporarily resigning their union posts and running
for office on the ticket of a political party or as an
independent.
Strikes are prohibited in government agencies, state-run
enterprises, and defense industries.  By law, enterprises
determined to be of "public interest," including public
transportation, utilities, public health, banking,
broadcasting, and communications must submit to
government-ordered arbitration in lieu of striking.  The Labor
Dispute Adjustment Act requires unions to notify the Labor
Ministry of their intention to strike, and it mandates a 10-day
"cooling-off period" before a strike may legally begin.  (This
period is 15 days in public interest sectors.)  Labor laws
prohibit retribution against workers who have conducted a legal
strike and allow workers to file complaints of unfair labor
practices against employers.
The FKTU is affiliated with the International Confederation of
Free Trade Unions (ICFTU).  Most of the FKTU's 20 constituent
federations maintain affiliations with international trade
secretariats, as do KCIIF white-collar federations and the KTUC
Metalworkers Council.  In response to freedom of association
complaints lodged by Korean dissident and independent unions,
the International Labor Organization (ILO) Committee on Freedom
of Association again issued a report in 1994 which recommended
that the Government bring Korean labor law and policy up to
international worker rights standards in accordance with the
principle of free association.
The Government under President Kim continued to cultivate a
more neutral stance in labor disputes.  For example, the
Government refused to intervene in the strike at Hyundai Heavy
Industries (HHI), the first time since 1987 that a strike at
HHI did not lead to state intervention.  Police intervention in
labor disputes was relatively rare.  During the summer,
however, the Government deployed police to arrest workers
conducting sitdown demonstrations connected with the railroad
and subway strikes.  Riot police also dispersed striking
workers who had occupied buildings at Kumho and Daewoo
factories.
There were no reports of employer-hired squads assaulting
workers in 1994.
Since July 1991, South Korea has been suspended from the U.S.
Overseas Private Investment Corporation (OPIC) insurance
programs because of the Government's infringements on freedom
of association and other worker rights.
     b.  The Right to Organize and Bargain Collectively
The Constitution and the Trade Union Law provide for the right
of workers to collective bargaining and collective action.
This law also empowers workers to file complaints of unfair
labor practices against employers who interfere with union
organizing or practice discrimination against unionists.
Employers found guilty of unfair practices can be required to
reinstate workers who were fired for union activities.
Extensive collective bargaining is practiced, even with unions
that are not legally recognized by the Government.  Korea's
labor laws do not extend the right to organize and bargain
collectively to government employees, including employees of
state or public-run enterprises, defense industries, and public
and private schoolteachers.
Workers in Korea's two export processing zones (EPZ's),
designated by the Government as public interest enterprises,
whose rights to organize were formally restricted, have now
been given all the rights enjoyed by workers in other sectors
of the economy.
Korea has no independent system of labor courts.  The central
and local labor commissions form a semiautonomous agency of the
Labor Ministry that adjudicates disputes in accordance with the
Labor Dispute Adjustment Law.  Each labor commission is
composed of equal representation from labor (represented by the
FKTU), management, and "the public interest."  Local labor
commissions are empowered to decide on remedial measures in
cases involving unfair labor practices and to mediate and, in
some situations, arbitrate labor disputes.  Arbitration is
compulsory in sectors of the economy (e.g., utilities and
transportation) that are deemed essential to public welfare.
The Trade Union Law and Labor Dispute Adjustment Law forbid
third-party intervention in union and labor disputes by
federations not recognized by the Government (such as
Chonnohyup and KCIIF), but they allow recognized labor
federations, principally the FKTU, its affiliates, and some
independent white-collar federations, to assist member unions.
The ban on third-party intervention also exempts mediation
efforts by lawyers, experts, and others who have the consent of
both labor and management, a policy much criticized by non-FKTU
labor leaders.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution provides that no person shall be punished,
placed under preventive restrictions, or subjected to
involuntary labor, except as provided by law and through lawful
procedures.  Forced or compulsory labor is not condoned by the
Government and is generally not practiced.  There were reports,
however, of illegal foreign workers who were not paid back
wages by their employers but who continued to work for their
employers or who lacked the funds to return to their home
countries.
     d.  Minimum Age for Employment of Children
The Labor Standards Law prohibits the employment of persons
under the age of 13 without a special employment certificate
from the Labor Ministry.  Because there is compulsory education
until the age of 13, few special employment certificates are
issued for full-time employment.  Some children are allowed to
do part-time jobs such as selling newspapers.  In order to gain
employment, children under 18 must have written approval from
their parents or guardians.  Employers may require minors to
work only a limited number of overtime hours and are prohibited
from employing them at night without special permission from
the Labor Ministry.  Child labor laws and regulations are clear
and usually enforced when violations are found, but the
Government employs too few inspectors to carry out regular
inspections.
     e.  Acceptable Conditions of Work
The Government implemented a minimum wage law in 1988.  The
minimum wage level is reviewed annually.  As of September,
1994, the minimum wage was raised to $12.00 (9,360 Won) per
day.  Companies with fewer than 10 employees are exempt from
this law.  Due to Korea's tight labor market, however, most
firms pay wages well above the minimum in order to attract and
retain workers.  The FKTU and other unions continue to claim
that the current minimum wage does not meet the minimum
requirements of urban workers.  In fact, a worker earning the
minimum wage would have some difficulty in providing a decent
standard of living for himself and his family, despite the
fringe benefits such as transportation expenses with which
Korean companies normally supplement salaries.  (The Government
notes that the money an average Korean blue-collar worker takes
home in overtime and bonuses significantly raises the total
compensation package.)  According to the Ministry of Health and
Social affairs, 5.2 percent of the population lived below the
poverty level in 1992.
Employers continue to discriminate against foreign workers,
most of whom come from China, the Philippines, Bangladesh,
Nepal, and Pakistan to work, often illegally.  The Government
has sought to alleviate the problem of illegal workers by
initiating a pilot program whereby 20,000 foreign workers are
allowed to enter Korea legally to work at established wages and
with legal safeguards.  Illegal foreign workers, however, who
probably number more than 60,000, still suffer significant
hardships at the workplace, and employers often provide them
substandard living accommodations.  It is difficult for illegal
workers to seek relief for loss of pay or unsatisfactory living
and working conditions because they are always under the threat
of being deported.
Amendments to the Labor Standards Law passed in 1989 brought
the maximum regular workweek down to 44 hours, with provision
for overtime to be compensated at a higher wage, and also
provide for a 24-hour rest period each week.  However, labor
groups claim that the Government does not adequately enforce
these laws, especially with regard to small companies.
The Government sets health and safety standards, but South
Korea suffers from unusually high accident rates.  The accident
rate continues to decline gradually, due to public and union
pressure for better working conditions.  However, the number of
deaths resulting from work-related accidents remains very high
by international standards.  The Labor Ministry has improved
enforcement of safety standards but still lacks enough
inspectors to enforce the laws fully.  The Industrial Safety
and Health Law does not guarantee security for workers who
remove themselves from dangerous work environments.
KUWAIT1
fTITLE:  KUWAIT HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             KUWAIT
Amirs, or princes, from the Al-Sabah family have ruled Kuwait
in consultation with prominent community figures for over 200
years.  The Constitution, adopted in 1962, provides for an
elected National Assembly and enumerates the powers of the
Government and the rights of citizens.  It also permits the
Amir to suspend its articles during periods of martial law.
The Amir twice suspended constitutional provisions, from 1976
to 1981 and from 1986 to 1992, and ruled extraconstitutionally
during those periods.  The Assembly resumed functioning after
the 1992 election.
The Minister of Interior supervises Kuwait's security
apparatus, including the Criminal Investigation Department
(CID) and Kuwait State Security (KSS), two agencies that, in
addition to the regular police, investigate internal
security-related offenses.  Allegations of human rights abuses
by the security forces against nationals of countries that
supported Iraq in the Gulf War subsided in 1994, though there
continued to be credible reports that security officials
physically abused detainees.
Endowed with oil, the Government has made significant progress
in recovering from the destruction caused by the Iraqi
occupation.  The costly reconstruction is mostly complete.  In
the last three fiscal years, Kuwait has incurred a cumulative
fiscal deficit of $68 billion which the Government has financed
by selling its foreign assets and increasing the public debt.
Despite the emphasis the Government places on an open market
economy, foreign nationals (with the exception of citizens of
the Gulf Cooperation Council) may not own property or majority
shares in significant local businesses and are subject to
restrictive labor laws.  The Government owns interests in most
of the major banks and in the oil industry.
The Government continues to abridge or restrict a number of
significant rights.  Limitations on the freedoms of assembly
and association and women's rights remain in place.  The
Government bans political parties, and citizens do not have the
ability to change their form of government.  Associations that
are not registered with the Government are banned by law, and
the Government enforced that ban:  in several instances in
1994, it prevented unregistered human rights groups from
holding public meetings.  The Government continued its policy
of preventing the return of stateless, Iraqi, and Palestinian
people who have strong family ties to Kuwait.  The labor law
excludes foreign-born domestic servants from its protective
provisions.
Nonetheless, the Government made some progress in human rights,
and it has emerged from the troubled human rights environment
of the postliberation period.  The Government improved
conditions in prisons and detention centers, extended the
franchise to the sons of naturalized citizens, and invited the
International Labor Organization (ILO) to Kuwait for
consultations.  The Human Rights Committee of the National
Assembly continued to investigate important human rights
abuses, and recommended improvements in prison conditions.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
The Government did not make public the results of its
investigations into the extrajudicial killings that occurred in
the period following Kuwait's liberation in 1991, nor did it
signal that it intends to take further action.  The Government
had announced in 1993 that it would reactivate the
investigations into the killings.  Most of the cases remain
unresolved.
     b.  Disappearance
There were no reports of disappearances.
Of the numerous disappearances that occurred in 1991, about 100
cases remain unresolved.  The Ministry of Interior claims that,
in cooperation with the International Committee of the Red
Cross (ICRC), it has renewed its efforts to resolve the cases,
but has not yet done so.  The Government has failed to issue
death certificates in cases where those who disappeared are
known to be dead.  The Government's failure to resolve these
cases stems from an unwillingness to open and pursue criminal
investigations into the causes of the deaths.
According to the ICRC, Iraqi authorities took prisoner 609
Kuwaitis and residents of Kuwait, including 9 women, during
Iraq's occupation.  These people are still missing or detained
in Iraq.  The Government of Iraq has refused to comply with
U.N. Security Council Resolution 687, which stipulates that the
detainees be released.  Iraq denies that it holds Kuwaiti
detainees and refuses to account for missing Kuwaitis taken
into Iraqi custody during the occupation.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture, credible reports
indicate that physical abuse during interrogation did occur.
The number of reports of abuse, however, declined in 1994
compared to the aftermath of the Gulf War.  No pattern of
systematic or widespread abuse appeared.  The reported types of
abuse consisted of blindfolding, verbal threats, slaps, and
blows.
The Government claims that it investigates all torture
allegations and that it has punished at least some of the
offenders.  However, the Government refuses to make public its
findings in torture investigations or what, if any, punishments
are imposed.  This creates a climate of implied impunity which
diminishes the deterrence against torture and abuse.
Defendants have the legal right to present evidence in court
that they had been mistreated during interrogation, and judges
routinely review such allegations.  Since defendants are often
unable to substantiate their complaints with physical evidence,
however, these allegations are often dismissed.  In 1991 judges
in martial-law courts handed down several death sentences based
on confessions apparently obtained under torture.  Courts later
refused to reopen these trials, although the sentences were
commuted to imprisonment varying from 10 to 20 years.  In 1994
a State Security Court ruled against excluding the confession
of 14 persons accused of attempting to assassinate former U.S.
President George Bush--despite allegations raised by the
defense that the confessions were obtained by torture (see
Section 1.d.).
Prison conditions do not meet internationally recognized
minimum standards.  Many prisoners live in severely overcrowded
cells where unsanitary conditions are conducive to the quick
spread of contagious illnesses.  Nonetheless, the Government
moved in 1994 to improve some conditions.  After a prison tour
by several members of the National Assembly in February, prison
authorities installed air conditioning at some facilities and
gave prisoners permission to take outdoor exercise and receive
visits from their families.  The Government allows the ICRC
access to all detention facilities.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for the freedom from arbitrary arrest
and detention, but security forces do not always respect these
rights.  In 1994 there were no reports of arbitrary arrest.
Security forces in Kuwait City sometimes set up checkpoints
where they may briefly detain individuals.  The Government has
stopped the practice of rounding up and deporting Palestinian
residents.
Police officers must obtain arrest warrants from state
prosecutors before making arrests, though in misdemeanor cases
the arresting officer may issue them.  Under the Penal Code, a
suspect may not be held for more than 4 days without charge.
Security officers sometimes prevent families from visiting
detainees during this confinement.  After 4 days, prosecutors
must either release the suspect or file charges.  If charges
are filed, prosecutors may remand a suspect to an additional 21
days in detention.  Prosecutors may also obtain court orders
for further detention pending trial.
Detention rules are different for cases involving state
security.  In such cases, prosecutors may hold a suspect in
detention for 6 months, and a judge may authorize a longer
confinement pending trial.  After 21 days in detention, a
defendant has the right to petition for his release in the
State Security Court.  If the judge denies the motion, the
defendant may submit another appeal 30 days after the
rejection.  In general, cases go to trial between 20 and 30
days after arrest.  There is no evidence of long-term
incommunicado detention, though there are about 30 detainees
facing deportation, especially Iraqi citizens and the "bidoon"
or stateless residents, who have been in detention for more
than a year (see Section 1.d.).
Approximately 1,850 people are in prison, of whom 400 are in
pretrial detention.  About 75 percent of the detainees face
administrative deportation orders which the Ministry of
Interior may issue arbitrarily.  There are no trials for
deportations; thus deportees do not have "due process."  The
Government may expel noncitizens, even those who have been
long-term residents, if it considers them security risks.
The Government may also expel foreigners if they are unable to
obtain or renew work or residency permits.  In 1994 the
Government deported 122 Iraqis and nationals of countries that
supported Iraq in the Gulf War (primarily Yemen and Jordan),
well below the 1993 level.  Although the ICRC monitors only the
deportation of these cases, the Government also routinely
deports Iranians and other foreign nationals who have violated
residency requirements or committed other offenses.
The law protects citizens from exile.  However, before the
Iraqi invasion there were credible reports that in some cases
the Government evaded this law by revoking citizenship in order
to deport citizens as noncitizens.  There have been no reports
of revocations of citizenship since the Gulf War.
     e.  Denial of Fair Public Trial
The judicial system is composed of the regular courts, which
try criminal and civil cases; the State Security Court, which
tries cases of a security nature; and the Court of Cassation,
which is the highest level of judicial appeal.  During periods
of martial law, the Amir may authorize military courts to try
civilian defendants.  There have been no martial-law trials
since 1991.  Sunni and Shi'a Muslims have recourse to courts of
their respective denominations for family-law cases.
The Constitution states that "judges shall not be subject to
any authority."  Nonetheless, the Ministry of Justice controls
the judiciary's administrative and financial matters.  The Amir
appoints all judges on recommendations from the Minister of
Justice.  Judges who are citizens have lifetime appointments,
but the Government also employs many noncitizens as judges.
They work under 1-year, renewable contracts, which undermine
their independence.  The Ministry of Justice may remove judges
for cause but rarely does so.  Foreign residents involved in
commercial disputes with citizens frequently complain that
courts show a pro-Kuwaiti bias.
Defendants have the rights to confront their accusers and of
judicial appeal.  The Amir has the constitutional power to
pardon or commute all sentences.  Defendants in felony cases
are required by law to be represented in court by legal
counsel.  In misdemeanor cases, defendants have the right to
waive the presence of legal counsel, and the court is not
required to provide counsel to indigent defendants.
Both defendants and prosecutors may appeal verdicts of the
State Security Court to the Court of Cassation, but the
appellate court may only determine whether the law was properly
applied with respect to the sentence; it does not rule on guilt
or innocence.  In criminal cases not involving state security,
appeal is to the High Court of Appeal, which may rule on all
aspects of the lower court's decision.
In the secular courts there are no groups, including women, who
are barred from testifying or whose testimony is given lesser
weight.  The Islamic courts, which have jurisdiction over
family law, follow Islamic law, which states that the testimony
of one man equals that of two women.
Most trials are public, as was the 1994 trial of 14 persons
accused in the foiled assassination plot against former
President Bush.  In June the State Security Court convicted 13
defendants and acquitted 1.  It sentenced six defendants to
death and seven to prison terms ranging from 6 months to 12
years.  Like other trials, this one did not meet
internationally accepted standards regarding an independent
judiciary and the evidence required for proving abuse.
There are no reported political prisoners, but the Government
continues to hold persons accused of collaboration with Iraq
during the occupation.  By law such collaboration is a felony.
Most of the people convicted in martial-law courts (including
the majority of collaborators) did not receive a fair trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for individual privacy and sanctity
of the home.  The police must obtain a warrant to search both
public and private property, unless they are in hot pursuit or
suspect the presence of alcohol or narcotics.  The warrant can
be obtained from the state prosecutor or, in the case of
private property, from a judge.  The security forces
occasionally monitor the activities of individuals and their
communications.
By law males must obtain government approval to marry
foreign-born women.  However, the Government does not
vigorously enforce the restriction, and Kuwaitis routinely
obtain exemptions from the Ministry of Justice.  The Government
also advises women against marrying foreign nationals.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Several laws empower the Government to impose restrictions on
the freedom of speech and the press, but the Government did not
apply these laws in 1994.  In general, citizens are free to
criticize the Government at public meetings and in the media.
However, the Press Law prohibits the publication of any direct
criticism of the Amir, official government communications with
other states, and material that "might incite people to commit
crimes, create hatred, or spread dissension among the people."
The Government ended censorship in 1992, but journalists still
censor themselves.
Nonetheless, newspapers, which are privately owned, are free to
publish on many social, economic, and political issues, and
frequently criticize government policies and officials,
including the Prime Minister.  The Government does not censor
foreign journalists and permits them open access to the country.
Newspapers must obtain an operating license from the Ministry
of Information.  This licensing power allows the Government
control over the establishment of new publications.  The law
also stipulates that publishers may lose their license if their
publications do not appear for 6 months.  This "6-month" rule
prevents publishers from publishing sporadically--it is not
used to suspend or shut down existing newspapers.  Individuals
must also obtain permission from the Ministry of Information
before publishing any printed material, including brochures and
wall posters.
The Government owns and controls the radio and television
companies.  The Middle East Broadcasting Company and Egyptian
television transmit to Kuwait without censorship.  The
Government does not inhibit the purchase of satellite dishes.
Citizens with such devices are free to watch a variety of
programs, including those broadcast from Israel.
The Ministry of Information has a Censorship Department that
reviews all books, films, videotapes, periodicals, and other
imported publications.  In practice, such censorship is
sporadic and aimed mostly at morally offensive material;
however, political topics may be censored.  The General
Organization of Printing and Publishing controls the printing,
publishing, and distribution of informational material.
Academics conduct their activities with no apparent censorship
of their teaching, research, or writings, while subject to the
same restraints as the media with regard to criticism of the
Amir or Islam.
     b.   Freedom of Peaceful Assembly and Association
Although the Constitution affirms the right to assembly, the
Government bans political parties.  However, several informal
blocs, acting much like parties, coalesced during the 1992
elections and have been present in succeeding National Assembly
sessions.  The Government has made no effort to limit these
groupings, which are organized on the basis of common
ideological goals.  Many of them may be categorized as
"opposition" groups.  Public gatherings, however, must receive
prior government approval, as must private gatherings of more
than five persons that result in the issuance of a public
statement.
Political activity finds its outlet in informal, family-based,
almost exclusively male, social gatherings known as diwaniyas.
Practically every male adult, including the Amir, hosts and
attends diwaniyas, at which every possible topic is discussed
and which contribute to the development of political consensus
and official decisionmaking.
The Government regards all nongovernmental organizations
(NGO's) as illegal unless they obtain a license from the
Ministry of Social Affairs and Labor.  The Government uses its
power to license as a means of political control.  The Ministry
has registered over 55 NGO's, including professional groups,
bar associations, and scientific bodies.  These groups receive
government subsidies for their operating expenses.  They must
obtain permission from the Ministry before attending
international conferences.
However, since 1985 the Ministry has issued only two licenses,
including one in 1994 to the Union of Kuwaiti Womens' Groups,
which is headed by the wife of the Crown Prince.  The Ministry
has disapproved other requests for licenses on the grounds that
previously established NGO's already provide services similar
to those proposed by the petitioners.
Despite the Ministry's refusal to issue additional permits,
private organizations flourish, and their illegal activities
are largely overlooked by the Government.  However, in 1993 the
Cabinet issued a decree ordering all unregistered NGO's to
cease activities.  No organization has challenged this decree
in court.
In September the Ministry of Interior ordered three
unregistered NGO's to vacate the offices that they had
established in unused government buildings.  They complied with
the order.  By banning unregistered NGO's, the Government
sought to dissolve groups whose efforts were not coordinated
with a government committee working for the release of missing
persons presumed held in Iraq.  The Government views these
groups as politically unacceptable (see Section 4).  However,
in issuing the ban, the Government did not cite why it objected
to these groups' activities, aside from the fact that the
groups were unregistered.
The ban prevents unregistered NGO's from holding public
meetings and or being cited in the press, though many groups
continue activities under the patronage of legal institutions,
for example the National Assembly.  The ban also discourages
these groups from fundraising and recruitment.  Some
unregistered NGO's remain open and conduct their activities as
well as possible in a hostile legal environment.
     c.  Freedom of Religion
Islam is the state religion.  The Constitution states that
Islamic law, Shari'a, is "a main source of legislation."  The
ruling family and many prominent families belong to the
denomination of Sunni Islam.  However, 40 percent of the
population belong to the Shi'a denomination.  They are free to
conduct their liturgies and rites without government
interference.  There is a tiny Arab Christian minority which
practices freely, and several legally recognized expatriate
congregations and churches, including a Catholic diocese and an
American-sponsored Protestant church.  Residents who are
members of religions not sanctioned by the Koran (e.g., Hindus,
Sikhs, and Buddhists) may not build places of worship, but may
worship in their homes.  The Government prohibits missionaries
to proselytize among Muslims, but they may serve expatriate
congregations.  The law prohibits religious education for
religions other than Islam, although this law does not appear
to be strictly enforced.  The Government does not permit the
establishment of non-Islamic publishing companies or training
institutions for clergy.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens have the right to travel freely within the country and
to change their workplace as desired.  Women must obtain
permission from their husbands or a close male relative to
obtain a passport for travel abroad.  Airport authorities
sometimes, but not often, ask female travelers to present the
required documentation before departing the country.
Representatives from NGO's must obtain government permission
before representing Kuwait at international conferences
abroad.  Citizens are free to emigrate and to return.
A serious problem exists in the case of the "bidoon," who are
stateless persons, usually of Iraqi or Iranian descent, who
resided in Kuwait prior to the Iraqi invasion.  The Government
argues that many of the bidoon (the term means "without") are
actually the citizens of other countries, who claim they are
stateless in order to remain in Kuwait, become citizens, and
enjoy the generous government benefits provided to citizens.
Some bidoon have had residency ties to Kuwait for generations.
Others immigrated to Kuwait during the oil boom years.  At the
end of 1994, there were about 117,000 stateless people in
Kuwait, down from the prewar level of about 220,000.  The
Government does not wish to see the return of the bidoon who
departed Kuwait during the Gulf war.  It frequently delays or
denies issuing them entry visas.  This policy imposes serious
hardships and family separations.
In 1994 the Government continued its postwar policy of reducing
the number of Iraqis, bidoon, Palestinians, and other foreign
residents.  However, the Government permits the ICRC to verify
if the deportees object to returning to their country of
origin.  The Government holds those deportees who have
objections at the main deportation center.
In 1993 the Government discontinued its postwar practice of
arresting and deporting Gazan Palestinians for violating
residency laws.  The Government issued 1-year renewable
residency permits to 5,000 of the 8,000 Gazans remaining in
Kuwait, but did not seek to deport those without residency
permits.  Nonetheless, the Government and social pressure
prodded many Gazans to depart Kuwait.
There is no legislation governing refugees.  The Constitution
prohibits the extradition of political refugees.  The Ministry
of Interior issues residency permits to persons granted
political asylum.  The Government does not deport anyone who
claims a fear of persecution at home; but it will often
maintain such persons in detention rather than grant them
permission to live and work in Kuwait.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Kuwaiti citizens cannot change their system of government.
Women and many others are disfranchised; only 30 percent of
adult citizens are eligible to vote.  Under the Constitution,
the Amir holds executive power and shares legislative power
with the National Assembly.  The Prime Minister presides over a
16-member Cabinet.  In accordance with the practice of the
ruling family, the Prime Minister is always the Crown Prince.
The Constitution empowers the Amir to suspend its provisions
and to rule by decree.  In 1986 the Amir effectively dissolved
the National Assembly by suspending the constitutional
provisions on the Assembly's election.  The Assembly remained
dissolved until 1992.  The Amir had previously dissolved the
Assembly from 1976 to 1981.
An election was held for the National Assembly in 1992 in which
303 candidates ran for the Assembly's 50 seats.  Members serve
4-year terms.  The Constitution empowers the Assembly to
overturn any Amiri decrees made during the dissolution.  After
the election, the Assembly used its power to revoke some
decrees issued from 1986 to 1992.  Since the Government
prohibits political parties, Assembly candidates must nominate
themselves.  Nonetheless, informal political groupings are
active in the Assembly.
Approximately 82,000 citizens, almost the entire franchised
male population at the time, registered to vote in the 1992
election.  In 1994 the Assembly passed legislation extending
the right to vote to the sons of naturalized Kuwaiti citizens,
about 110,000 males.  Previously, the law had restricted
suffrage to adult males who had resided in Kuwait before 1920
and maintained a residence there until 1959, and their male
descendants.  According to the 1994 law, naturalized citizens
who have been naturalized citizens for at least 30 years will
also be eligible to vote in 1996.
A majority of candidates elected in 1992 have stated that they
favored extending the vote to women, but proposals to do so
have been delayed in a legislative committee.  The Amir and the
Prime Minister have publicly stated that they support political
rights for women, but have made no apparent effort to persuade
the National Assembly.
KUWAIT2
KLKLTITLE:  KUWAIT HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government prevents the establishment of human rights
groups by not approving their requests for licenses (see
Section 2.b.).  Until the ban on unregistered NGO's, the Kuwait
Association for the Defense of War Victims (KADWV), a private
group created in 1991, helped to repatriate citizens interned
in Iraq, and aided former prisoners of war and persons tortured
by Iraqi occupation forces.  KADWV also sought to curb human
rights abuses in Kuwait and took special interest in
alleviating the problems of the bidoon.  In February the
Government canceled a KADWV human rights seminar (which
subsequently took place under the auspices of the National
Assembly).
The Government permits international human rights organizations
to visit Kuwait and to establish offices.  Several
organizations conduct field work and report excellent
communication with and reasonable cooperation from the
Government.
The National Assembly has established a Human Rights Committee
which has taken testimony from individuals about abuses and has
made nonbinding recommendations for redress.  In 1994 the
Committee investigated prison conditions.  As a result of the
investigation, the Ministry of Interior has improved some
conditions.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women experience legal and social discrimination.  They are
denied the right to vote and require their husbands' or
fathers' permission to obtain a passport or travel abroad (see
Sections 2.d. and 3).  By law only males are able to confer
citizenship.  In rare cases, this means that children born to
Kuwaiti mothers and stateless fathers are themselves
stateless.  Inheritance is governed by Islamic law, which means
that female heirs receive half the male heirs' inheritance.  A
sole female heir receives half her parents' estate; the balance
goes to designated male relatives unless a woman's family has
made other arrangements to transfer assets to her.
Women are traditionally restrained from choosing certain roles
in society, and the law restricts women from working in
"dangerous industries" and trades "harmful" to health.
Educated Kuwaiti women maintain that a resurgent Islamic
fundamentalist trend limits career opportunities.  Women
wearing Western clothes and foreign women experience sexual
harassment more frequently than women in Islamic garb.
Nonetheless, an estimated 60 percent of women of working age
are employed.  The law promises "remuneration equal to that of
a man provided she does the same work."  This promise is
respected in practice.  Women work as doctors, engineers,
lawyers, and professors.  A few have reached senior government
positions in the Foreign Ministry, Ministry of Education, and
the state-owned Kuwait Petroleum Corporation.  However, there
are no female judges or prosecutors, only a few women in the
diplomatic service, and none in the National Assembly.
Domestic abuse of women is common.  Each of the country's 50
police stations receives one or two complaints of spousal abuse
per week.  Women in such cases usually take refuge in the homes
of relatives.  The police generally seek to resolve family
disputes and may ask the offending spouse to sign a statement
affirming that he will discontinue the abuse.  The police refer
serious cases of abuse to authorities at the Ministry of
Health.  Kuwaiti courts have found husbands guilty of spousal
abuse.
Many employers have physically and sexually abused Asian women
working as their domestic servants.  Such abuse appears to have
worsened in recent years.  The press gives the problem
considerable attention.  Foreign-born servants have the right
to sue their employers in court for abuse, but few do so owing
to both fear of deportation and fear that the judicial system
is biased against them.  In 1993 the Government established an
office under the Ministry of Interior and the Ministry of
Social Affairs and Labor to investigate the complaints of
domestic servants.  The Government has also announced its
intention to establish a shelter for runaway maids but has not
yet done so.  As an interim measure, the authorities have
designated a police station to investigate complaints and
provide some shelter.
Many domestic servants seek shelter at their country's embassy
where they seek repatriation or a change in employers.  On
several occasions, the Philippine Embassy has sheltered over
250 women at one time, roughly half of whom complain of
physical or sexual abuse and half have contractual complaints
against their employers.
The Government discontinues family entitlements to divorced
women, but continues to make such payments to the divorced
husbands who are expected by law and custom to provide for the
children.  The law discriminates against women married to
foreign men.  These women are not entitled to government
housing subsidies which are available to other citizens.  The
law also requires Kuwaiti women to pay residency fees for their
foreign-born husbands and does not recognize marriage as the
basis for granting residency rights to foreign-born husbands.
Instead, the law grants residency only if the husband is
employed.  By contrast, men married to foreign women do not
have to pay residency fees for their spouses and their spouses'
right to residency derives from marriage.
     Children
The Government is committed to providing for the welfare of
children, providing free education and health care to all
children and a variety of other services.
There is no child prostitution, child labor problem, or any
pattern of societal abuse of children.  However, in 1993 the
Minister of Interior ordered all public and private schools not
to enroll the children of parents without valid residence
permits.  Moreover, the Government orders the children of
persons awaiting deportation to be held with their mothers at
the women's detention facility, in conditions unsuitable for
children.
     National/Racial/Ethnic Minorities
The Government's failure to improve the plight of the 117,000
bidoon, or persons of undetermined nationality with long
residency in Kuwait, remains a significant human rights abuse
(see Section 1.d.).  The bidoon have been the objects of
hostile government policy since the late 1980's.  Since that
time, the Government has eliminated the bidoon from the census
rolls, discontinued their access to government-provided social
services, and has sought to deport many bidoon to other
countries.  In 1993 the Government decreed that bidoon males
may no longer serve in the military services.
The bidoon exist in a legal limbo.  Because their citizenship
or residency status is undetermined, they do not have a legal
right to work or enroll their children in public or private
schools.  If the bidoon travel abroad, they are uncertain if
immigration authorities will allow them to reenter Kuwait.
Marriages pose special hardships because the offspring of male
bidoon inherit the father's undetermined legal status.
The Government has established a review process which would
regularize the status of some of the bidoon and their families,
especially for any bidoon who has served in the military or
security forces, and for the children born to marriages between
bidoon males and Kuwaiti women.  However, the process is
improvised, slow, and ineffective.  Government officials claim
they recognize the hardships suffered by the bidoon, but so far
they have not proposed any remedial legislation.
Since the end of the Gulf War, the Government has been hostile
to workers from those nationalities that supported Iraq,
especially Palestinians, Jordanians, and Yemenis.  The
Government has delayed or denied the issuance of work and
residency permits to persons in these groups, and in many cases
has hindered such workers from sponsoring their families to
join them in Kuwait.  The Government imposes further hardships
by prohibiting schools from enrolling the children of such
persons without valid residency permits.
     Religious Minorities
Although Christians are free to practice openly, the Government
prohibits Christians from proselytizing Muslims, and Muslims
from converting from Islam.  The law prohibits non-Muslims from
becoming citizens.  A non-Muslim male must convert to Islam
when he marries a Kuwaiti woman, if the wedding is to be legal
in Kuwait.
Government welfare programs generally do not discriminate
against Shi'a Muslim citizens.  Members of Kuwait's Shi'a
minority are generally underrepresented in high government
positions, although in recent years two Shi'a Muslims were
appointed to the Cabinet and one was named to a high-ranking
military post.
     People with Disabilities
No institutionalized discrimination exists against physically
disabled persons in housing, employment, education, or the
provision of state services.  The Government has not legislated
or mandated accessibility for the disabled, but does provide
extensive benefits for the disabled that cover job training,
transportation, and social welfare.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right, but are not required, to join trade
unions.  Nonetheless, the Government restricts the right of
association by prohibiting all workers from freely establishing
trade unions.  The law stipulates that workers may establish
only one union in any occupational trade, and that the unions
may establish only one federation.  The International Labor
Organization (ILO) has long criticized such restrictions.
In 1994 over 28,400 people were organized in 14 unions, 12 of
which are affiliated with the Kuwait Trade Union Federation
(KTUF), the sole, legal trade union federation.  The Bank
Workers Union and the Kuwait Airways Workers Union are
independent.  The Government has shown no sign that it would
accept the establishment of more than one legal trade union
federation.  The law stipulates that any new union must include
at least 100 workers, of whom at least 15 are citizens.  Both
the ILO and the International Confederation of Free Trade
Unions have criticized this requirement because it discourages
unions in sectors employing few citizens, such as the
construction industry and domestic servants.
The Government's intrusive oversight powers further erode union
independence.  The Government subsidizes as much as 90 percent
of most union budgets, may inspect the financial records of any
union, and prohibits any union from engaging in vaguely defined
political or religious activities.  The law empowers the courts
to dissolve any union for violating labor laws or for
threatening "public order and morals."  The Amir may also
dissolve a union by decree.  By law, the Ministry of Social
Affairs and Labor is authorized to seize the assets of any
dissolved union.  The ILO has criticized this aspect of the
law.  Although no union has been dissolved, the law
subordinates the legal existence of the unions to the power of
the State.
Foreigners constitute most of Kuwait's total work force and
about one-third of its unionized work force.  Yet the law
discriminates against foreign workers by permitting them to
join unions only after 5 years of residency and only as
nonvoting members.  Unlike union members who are citizens,
foreign workers do not have the right to elect their
leadership.  The law requires that union officials must be
citizens.  The ILO has criticized the 5-year residency
requirement and the denial of voting rights for foreign workers.
KTUF administers an Expatriate Labor Office which is authorized
to investigate complaints of foreign laborers and provides them
with free legal advice.  Any foreign worker may submit a
grievance to the Labor Office, regardless of union status.
The law limits the right to strike.  It requires that all labor
disputes must be referred to compulsory arbitration if labor
and management cannot reach a solution (see Section 6.b.).  The
law does not have any provision guaranteeing strikers that they
will be free from any legal or administrative action taken
against them by the State.
Two strikes occurred in 1994, by cleaning personnel in the
school system for a pay raise, and by security guards at the
Social Welfare Home to collect unpaid wages.  The majority of
the strikers were foreign workers.
The KTUF belongs to the International Confederation of Arab
Trade Unions and the formerly Soviet-controlled World
Federation of Trade Unions.
     b.  The Right to Organize and Bargain Collectively
Workers have the right to organize and bargain collectively,
subject to the restrictions cited above.  These rights have
been incorporated in the Labor Law and have, according to all
reports, been respected in practice.
The Labor Law provides for direct negotiations between
employers and "laborers or their representatives" in the
private sector.  Most agreements are resolved in such
negotiations; if not, either party may petition the Ministry of
Social Affairs and Labor for mediation.  If mediation fails,
the dispute is referred to a labor arbitration board composed
of officials from the High Court of Appeals, the Attorney
General's office, and the Ministry of Social Affairs and Labor.
The Civil Service Law has no provision for collective
bargaining between government workers and their employers.
Technically, wages and conditions of employment for civil
service workers are established by the Government, but in
practice, the Government sets the benefit scales after
conducting informal meetings with officials from the civil
service unions.  Union officials resolve most issues at the
working level and have regular access to senior officials.
The Labor Law prohibits antiunion discrimination.  Any worker
who alleges antiunion discrimination has the right to appeal to
the judiciary.  There were no reports of discrimination against
union or nonunion employees.  Employers found guilty of
antiunion discrimination must reinstate workers fired for union
activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor "except in cases
specified by law for national emergency and with just
remuneration."  Nonetheless, there have been credible reports
that foreign nationals employed as domestic servants have been
denied exit visas if they seek them without their employers'
consent.
Foreign workers may not change their employment without
permission from their original sponsors.  Domestic servants are
particularly vulnerable to abuses because they are not
protected by the Labor Law.  In many cases employers exercise
some control over their servants by holding their passports,
although the Government prohibits this practice and has acted
to retrieve passports of maids involved in disputes.
By law domestic servants who run away from their employers may
be treated as criminals.  In some reported cases, employers
illegally withheld wages from domestic servants to cover the
costs involved in bringing them to Kuwait.  The Government has
done little, if anything, to protect domestics in such cases.
     d.  Minimum Age for Employment of Children
The legal minimum age is 18 years for all forms of work, both
full- and part-time.  Employers must obtain permits from the
Ministry of Social Affairs and Labor to employ juveniles
between the ages of 14 and 18 in certain trades.  Education is
compulsory for children between the ages of 6 and 15.  These
laws are not fully observed in the nonindustrial sector,
although no instances involving children have been alleged.
There are an undetermined number of underage foreign maids who
have given false information regarding their age in order to
obtain work.  Some small businessmen employ their children on a
part-time basis, and there have been unconfirmed reports that
some south Asian domestic servants under 18 falsified their age
in order to enter Kuwait.
Juveniles may work a maximum of 6 hours a day on the condition
that they work no more than 4 consecutive hours followed by a
1-hour rest period.
     e.  Acceptable Conditions of Work
The Ministry of Social Affairs and Labor is responsible for
enforcing all labor laws.  There is no legal minimum wage in
the private sector.  In 1994 the minimum wage in the public
sector, administratively set by the Government, was
approximately $630 a month (180 dinars) for citizens and $315 a
month (90 dinars) for noncitizens.
The Labor Law establishes general conditions of work for both
the public and the private sectors, with the oil industry
treated separately.  The Civil Service Law also prescribes
additional conditions for the public sector.  Labor law limits
the standard workweek to 48 hours with 1 full day of rest per
week, provides for a minimum of 14 workdays of leave each year,
and establishes a compensation schedule for industrial
accidents.  Domestic servants, who are specifically excluded
from the private sector labor law, frequently work hours
greatly in excess of 48 hours.
The ILO has urged the Government to guarantee the weekly
24-consecutive-hour rest period to temporary workers employed
for a period of less than 6 months and workers in enterprises
employing fewer than five persons.  The law governing in the
oil industry provides for a 40-hour workweek, 30 days of annual
leave, and sick leave.  Laws establishing work conditions are
not always applied uniformly to foreign workers.  The Labor Law
also provides for employer-provided medical care and
compensation to workers disabled by injury or disease due to
job-related causes.  The Law also requires that employers
provide periodic medical examinations to workers exposed to
environmental hazards on the job (chemicals, asbestos, etc.).
The Government has issued occupational health and safety
standards; however, compliance and enforcement are poor,
especially regarding unskilled foreign laborers.  Employers
often exploit workers' willingness to accept substandard
conditions.  Foreign workers, especially unskilled or
semiskilled south Asian workers, frequently face contractual
disputes, poor working conditions, and some physical abuse.
Workers have the right to remove themselves from dangerous work
situations without jeopardy to their continued employment, and
legal protections exist for workers who file complaints about
such conditions.  Latest available figures for occupational
injuries show 798 such occurrences in 1992, primarily in the
sectors of construction and building, manufacturing, hotels,
restaurants, and transportation.  To cut accident rates, the
Government periodically inspects installations to raise
awareness among workers and employers and ensure that they
abide by the safety rules, control the pollution resulting from
certain dangerous industries, train workers who use new
machines in specialized institutes, and report violations.
KYRGYZST1
wTITLE:  KYRGYZ REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        KYRGYZ REPUBLIC
The Kyrgyz Republic became an independent state in 1991.
Although the 1993 Constitution defines the form of government
as a democratic republic with substantial civil rights for its
citizens, the President, Askar Akayev, continues to dominate
the Government.  First elected President by the Kyrgyzstan
Supreme Soviet in 1990, he was "reelected" in a 1991 referendum
in which he was unopposed.  His term of office was reaffirmed
in a January 1994 referendum.  Following a series of
presidential decrees in September, an October 22 national
referendum approved constitutional amendments allowing the
Constitution to be amended by future referendums and calling
for the formation of a new 105-member bicameral Parliament.
Parliamentary elections scheduled for December 24 were
postponed until February 1995.
The Committee on National Security (KNB) has inherited much of
its personnel and infrastructure from the Soviet Committee for
State Security, or KGB.  The KNB Chairman is a member of the
Cabinet.  The KNB appears to be under the full control of the
Government, and it must conform its actions to the law.
The Kyrgyz Republic is a poor, very mountainous country, with a
predominantly agricultural economy highly dependent on trade
with the other states of the former Soviet Union.  The
Government is committed to establish a market economy,
encourage privatization, and attract foreign investment.  In
1994 it made significant progress in controlling inflation and
stabilizing the currency, but industrial production and the
standard of living continued to fall.
The major human rights question raised in 1994 was whether the
Government was manipulating the political system to ensure its
retention of power.  It closed two newspapers that had
criticized its policies and engineered a parliamentary boycott,
at least in part to prevent investigation of government
corruption and to create a more malleable legislative body.
Other human rights problems include executive branch domination
of the judiciary (with concomitant lack of protection against
arbitrary detention and assurance of fair trial), and ethnic
discrimination.
In response to the exodus of the Russian-speaking people, the
President issued two decrees acknowledging that discrimination
was one of the factors in their decision to leave.  In the same
decrees, the President postponed the adoption of Kyrgyz as the
official language until the year 2005, made Russian the
official language for work in technical and scientific fields,
and recommitted the Government to fighting discrimination.  The
more than 40 percent of the population that is non-Kyrgyz
welcomed this approach.  Nevertheless, discrimination by ethnic
Kyrgyz government officials against non-Kyrgyz citizens
remained a common complaint of the Russian-speaking and Uzbek
population.
RESPECT FOR HUMAN RIGHTS
Section 1     Respect for the Integrity of the Person,
              Including Freedom from:
    a.   Political and Extrajudicial Killing
There were no reports of such killings.
    b.   Disappearance
There were no reports of disappearances or abductions
attributable to government authorities or others.
    c.   Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Local independent newspapers have run numerous stories about
police brutality.  In most instances, it involved police
physically abusing suspects taken into custody.  In the fall of
1994, over the course of 1 month, the police detained and beat
two journalists.  When the press questioned a government
minister, he said they had been beaten not as journalists but
as citizens of Kyrgyzstan.
    d.   Arbitrary Arrest, Detention, or Exile
The judicial system continues to operate under the laws and
procedures of the Soviet period.  The procurator's office
determines who may be detained, arrested, and prosecuted.  The
Ministry of the Interior, the KNB, and the General Procurator's
office carry out investigations.  Since 1990 everyone arrested
or charged with a crime has the right to defense counsel.  The
procurator's office responsible for the investigation often
nominates the defense counsel, who is required to visit the
accused within the first 3 days of initial incarceration.  The
old procedure, however, in which the accused had access to
defense counsel only after the case comes to trial, is often
followed.
The Criminal Code permits the procurator to detain a suspect
for up to 72 hours before releasing him or informing him of the
crime he is suspected of having committed.  If the procurator
elects to accuse a suspect, he must immediately advise defense
counsel of that decision.  The accused remains in detention
while the procurator investigates the case and prepares to
present it to the court.  At the procurator's discretion, he
may keep the accused in pretrial detention for up to 1 year.
Upon expiration of the year, the procurator must release the
accused or ask the Parliament to extend the period of
detention.  Since independence, there have been no known
instances in which the Supreme Soviet voted for such an
extension.  The procurator, not the judge, is in charge of the
criminal proceedings, and thus the courts continue to be widely
perceived as a rubber stamp for the procurator and not a
protector of citizens' rights.  In addition, judges' salaries
are abysmally low, which has led to the apparently well-
grounded view among the population that judges' decisions can
be easily bought.
    e.   Denial of Fair Public Trial
The court system remains largely unreformed since the Soviet
period.  Once the procurator is ready, he brings the case of
the accused to court and tries it before a judge and two
people's assessors (pensioners or citizens chosen from labor
collectives).  The accused and defense counsel have access to
all evidence gathered by the procurator.  They attend all
proceedings, which are generally public, and are allowed to
question witnesses and present evidence.  Witnesses do not
recapitulate their testimony before the court; instead they
affirm or deny their statements in the procurator's files.
Defendants in criminal cases are treated in a demeaning manner
by being kept in cages in the courtroom.
The court may render one of three decisions:  innocent, guilty,
or indeterminate (i.e., the case is returned to the procurator
for further investigation).  Both the defendant and the
procurator may appeal the verdict to the next higher court or
to the General Procurator's office.  However, the decision of a
court to return a case to the procurator for further
investigation may not be appealed, and the accused is returned
to the procurator's custody where he or she may remain under
detention.  The Court of Appeal may review lower court
decisions irrespective of whether a party to the decision has
appealed.  Changes to the lower court's decision frequently
result in the imposition of a more severe penalty, and almost
invariably so in criminal cases.
The Government has recognized the need to reform the system.
Certain Western practices, including the presumption of
innocence of the accused, have been introduced.  However, a
deteriorating economy and a system staffed largely by officials
trained during the Soviet period continued to impede reforms.
The appointment of ethnic Kyrgyz to key positions in the
judicial system has led to charges by non-Kyrgyz that the
system is arbitrary and unfair, and that the courts treat
Kyrgyz more leniently than members of other groups.  Although
systematic discrimination is not clearly evident, it is
credible in individual cases.
    f.   Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The 1993 Constitution prohibits unlawful entry into a home
against the wishes of the occupant and states that a person's
private life, privacy of correspondence, and telephonic and
telegraphic communications are protected by law.  Current law
and procedures require the General Procurators's approval for
wiretaps, searches of homes, interception of mail, and similar
procedures.
Personnel and organizations responsible for violations during
the Soviet period have remained largely in place; however, no
widespread and systematic violations of the privacy of citizens
were reported in 1994, but the local press often cited
harassment of individuals by police on the street as a
problem.  Some citizens active in politics or interested in
human rights believe that the privacy of their communications
was violated in 1994.  Credible evidence is not available.
Section 2     Respect for Civil Liberties, Including:
    a.   Freedom of Speech and Press
In 1994 the Government restricted these rights.  In 1992 the
Supreme Soviet passed a law which calls for freedom of the
press and mass media but also provides guidelines proscribing
publication of certain information.  The law supports the right
of journalists to obtain information, to publish without prior
restraint, and to protect sources.  However, it also contains
provisions that the Government used to restrict press freedom.
For example, the law prohibits publication of material that
advocates war, violence, or intolerance toward ethnic or
religious groups; desecration of national norms, ethics, and
symbols like the national seal, anthem, or flag; publication of
pornography; and propagation of "false information."  The law
also states that the press should not violate the privacy or
dignity of individuals.  It requires all media to register with
the Ministry of Justice and to await the Ministry's approval
before beginning to operate.
While a few fully independent newspapers and magazines exist in
the capital, the Government continues to control the press in
various ways.  For example, President Akayev in July sharply
criticized the press for alleged irresponsibility and proposed
legal action to shut down the parliamentary newspaper
Svobodniye Gory.  A Bishkek court in August ordered the closing
of Svobodniye Gory, which had been outspokenly critical of the
President.  The newspaper's August 19 edition was impounded at
the government printing house.  The procurator brought a suit
against Svobodniye Gory for allegedly publishing "deliberately
distorted information aimed at discrediting the President,
circulating material which violates ethical norms, and
deliberately insulting the leaders of foreign states and their
symbols, thus significantly damaging the interests and
integrity of the State and threatening its stability."
On August 19, the President issued a decree establishing a
council on the activities of the mass media.  According to the
government newspaper Slovo Kyrgyzstan, "the council will help
journalists in their work and prevent the use of the media from
causing political instability and upsetting interethnic accord
and civic peace."  On August 23, the Ministry of Justice
ordered the state-owned printing house to stop printing the
weekly newspaper Politika, which had been a frequent critic of
the President and the Government.  The Ministry of Justice
claimed that Politika was not registered as a newspaper,
although it was a supplement to the legally registered
newspaper Delo, whose name appeared above Politika's masthead.
Other newspapers, including government ones, print weekly
supplements without having them registered separately.
The Government owns all radio and television facilities, with
the exception of a television station in the capital, which
runs mostly videos copied in violation of international
copyright laws, and two radio stations that play music and
report news.  No prior restriction or censorship existed for
the electronic media during the first half of 1994, but Kyrgyz
television remained government controlled.
    b.   Freedom of Peaceful Assembly and Association
Under the 1993 Constitution, citizens have the right to
assemble and associate freely and did so without government
interference.  Permits are required for public marches and
gatherings but reportedly are routinely available.
The 1991 Law on Public Organizations, which includes labor
unions, political parties, and cultural associations, requires
them to register with the Ministry of Justice.  A bureaucratic
mentality, carried over from the Soviet period, is at least
partly responsible for the difficulties some organizations find
in registering, although ultimately all organizations have been
able to register.
    c.   Freedom of Religion
There are no governmental impediments to the revival and
practice of all religions.
    d.   Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Government policy supports free travel within and outside
Kyrgyzstan.  However, certain policies imposed during the
Soviet period remain in effect and continue, to varying
degrees, to restrict internal migration and resettlement and
impede citizens' ability to travel abroad.
Under the Soviet-era law, citizens need official government
permission ("propiska") to work and settle in a particular area
of the country.  Home and apartment owners are legally
restricted to selling their property to buyers with such
permission.  However, this law has increasingly become
irrelevant as people for economic reasons relocate within the
country, freely selling their homes and businesses.
There is no law on emigration.  Administrative procedures
permit movement of people; however, citizens who apply for
international passports must present a letter of invitation
from the country they intend to visit or to which they intend
to emigrate.  This policy was instituted during the Soviet
period and impedes unrestricted foreign travel.  There were no
reports, however, that citizens, after presenting such a
letter, were denied a passport or an exit visa.  Emigrants
reportedly were not prevented from returning to Kyrgyzstan.
To ease the difficulties for the members of the Russian-
speaking minority to emigrate and to handle in a more
systematic manner the arrival of Tajik refugees, the Government
began in 1993 to negotiate agreements with both Russia and
Tajikistan on management of the resettlement process and
protection of migrants' rights.  Issues blocking the signing of
a bilateral agreement with Russia are the legal status of their
respective nationalities in each other's countries, and the
procedure for allowing individuals to regain their citizenship
if they wish to return to Kyrgyzstan once they have emigrated
to Russia.
Section 3     Respect for Political Rights:  The Right of
              Citizens to Change Their Government
Citizens have the constitutional right to effect a peaceful
change of government but do not have the ability to do so.  The
Government has maintained its hold on power by means of two
one-sided referendums, the closure of two newspapers, the
manipulation of the Parliament's closure, and a series of
presidential decrees.
In January President Akayev asked that the people confirm
through a referendum their desire that he should complete his
term of office.  Few people took at face value the Government's
claim that 95.94 percent of the electorate had voted and that
96.43 percent of these had cast ballots in favor of the
President.  Most observers attribute these percentages to
overzealousness on the part of the President's circle of
advisers and local officials, most of whom employed
Soviet-style methods to get out the vote and to make sure it
was overwhelmingly positive.
In August the President asserted that Communists had caused a
political crisis by preventing the legislature from fulfilling
its role.  Many observers suggested, however, that the
Government was motivated by a desire to squelch corruption
investigations and create a more malleable Parliament.  A
majority of deputies boycotted the last scheduled parliamentary
session and prevented a quorum, thus making it impossible for
Parliament to conduct any legislative business before its term
expires on February 15, 1995.  Deputies made public claims of
being instructed to sign a "boycott" statement.  The September 7
edition of Vecherniy Bishkek quoted a number of purported
"boycotters" who said that they had never signed the document
attributed to them in the government press.
On September 20, the President issued a decree calling for a
referendum to amend the Constitution and announcing the
formation of an election commission composed of 15 people.
However, Article 58 of the Constitution provides that only
Parliament may create a central election commission.  The
commission appointed by the President consisted of
3 representatives of political parties, of whom 2 were members
of parties established by the Government, and 12 persons from
organizations funded or otherwise controlled by the Government.
On September 22, the President set forth by decree an outline
of the structure and functions of local government organs.
However, Article 93 of the Constitution provides that only
laws, not decrees, can regulate the principles of the
organization and activity of local government, thus placing it
under the jurisdiction of the Parliament and not the
President.  In addition, the President proposed that local
government administrative officials be eligible for election to
the regional house of his newly proposed bicameral Parliament,
despite the Constitution's ban on parliamentary membership for
such officials.  The decree also called for elections to local
government organs to take place on October 22, although the
election districts had not yet been announced or the candidates
nominated.
On September 23, a presidential decree set October 22 as the
date for a national referendum, proposing two amendments to the
Constitution.  One amendment stipulated that the Constitution
could be changed by means of a referendum (the Constitution at
that time did not allow this).  The other amendment provided
for a bicameral parliament, in which one house would have 35
permanently sitting members, the "lawmaking" house, while the
other would have 70 members convened periodically to approve
the budget and confirm presidential appointees.  The decree
provided that, based on the results of the referendum, the
future parliament would make "the appropriate changes and
additions" to five sections of the Constitution.  The
referendum contravened the procedures set forth in Article 96
of the Constitution, which provide clear guidelines for
amending the Constitution.  Both referendum questions were
approved by over 80 percent of the votes cast.  The election
commission reported an 86-percent voter turnout.
Russian speakers also allege that a "ceiling" exists in
government employment which precludes their promotion beyond a
certain level.  The representation of ethnic Kyrgyz at high and
intermediate levels of government is proportionally much
greater than the percentage of ethnic Kyrgyz in the general
population.  Russian speakers have been replaced in many
positions in government, industry, and education by ethnic
Kyrgyz.  This gives credence to perceptions that career
opportunities are limited for those who are not ethnic Kyrgyz.
There are no laws that restrict women or minorities from
participating in politics or government, and recently a women's
party was registered in Kyrgyzstan.  However, out of the 22
ministries and state committees, ethnic Kyrgyz men head all but
3; only 1 is headed by a woman.
Section 4     Governmental Attitude Regarding International and
              Nongovernmental Investigation of Alleged
              Violations of Human Rights
The Government does not restrict the activities of local human
rights monitors or the delegations and representatives of
international and nongovernmental human rights groups that
visit Kyrgyzstan.  There are two human rights groups, the
Kyrgyz-American Human Rights Bureau and the Human Rights
Organization.  The former has publicly criticized the
Government's violation of the Constitution.  In addition, in
connection with the independent newspaper, Delo No, it has
publicly taken up the causes of those who appear to have
suffered injustices at the hands of the police.
Section 5     Discrimination Based on Race, Sex, Religion,
              Disability, Language, or Social Status
The Government expresses strong commitment to protecting the
rights of members of all ethnic, religious, and linguistic
groups as well as those of women.  Articles 15 to 20 of the
Constitution protect the rights and freedom of individuals and
prohibit discrimination, including on the basis of language.
In an estimated population of 4.46 million, some 56.5 percent
are Kyrgyz, 18.8 percent Russians, 13.5 percent Uzbeks, and the
rest Ukrainians, Tajiks, Kazakhs, and others.
    Women
The law gives equal status to women in Kyrgyzstan, and women
are well represented in the work force, professions, and
institutions of higher learning.  In rural areas, women are
still seen only in the role of homemaker, mother, and wife.
The press often reports abuse and violence against women, which
is usually associated with abuse of alcohol.  Normal law
enforcement procedures are used in cases of domestic violence.
The Government has not established programs to address these
issues.
    Children
In April Parliament ratified the U.N. Convention on Children.
Since Parliament did not convene in the fall, it did not adopt
local laws to bring Kyrgyzstan into compliance with the U.N.
Convention.  Authorities continue to rely on former Soviet law
in this sphere.  There is no monitoring of children's rights in
Kyrgyzstan.  Children in rural areas are commonly used to pick
crops.
    National/Racial/Ethnic Minorities
Reported complaints of discrimination center on the treatment
of citizens who are not ethnic Kyrgyz.  These groups, which
make up over 40 percent of the population, are often called the
Russian-speaking minority.  Members of this minority allege
discrimination in hiring, promotion, and housing.  They
complain that government officials at all levels favored ethnic
Kyrgyz.
The 1993 Constitution designates Kyrgyz as the official
language but provides for the preservation and equal and free
development of Russian and other languages used in the
country.  However, many Russian speakers, particularly ethnic
Russians and Ukrainians, still feel disadvantaged because they
cannot speak Kyrgyz.  They have called on the Government to
adopt a policy of bilingualism.  The Government has not
established a universally available program of Kyrgyz
instruction for adult non-Kyrgyz speakers, although limited
instruction is available.
In general, adults who do not speak the language do not demand
Kyrgyz-language instruction.  On June 14, President Akayev
issued a decree designed to protect the rights of the Russian-
speaking minority and thereby reduce the outflow of Russian
speakers.  The decree states that the exodus of Russians from
the country is caused by social and political reasons--ethnic
hostility and job discrimination--and is hurting the national
economy.  The decree stipulates that the Russian language will
have official status alongside Kyrgyz in regions and at
enterprises where Russian speakers constitute a majority, as
well as in sectors, such as health services and technical
sciences, where use of Russian is particularly appropriate.  It
also provides for the fair representation of the
Russian-speaking population in the national Government, local
state administration, and on the boards of state organs and
enterprises.
    People with Disabilities
There is no special law to protect disabled individuals, nor
any law mandating accessibility.  Former Soviet law continues
to remain the basis for any resolution of complaints.
Government officials are inattentive to the issue, partly due
to the difficult economic situation and the state of the budget.
Section 6     Worker Rights
    a.   The Right of Association
The 1992 Labor Law provides for the right of all workers to
form and belong to trade unions, and there is no evidence that
the Government tried to obstruct the formation of independent
unions.  However, the Federation of Trade Unions of the Kyrgyz
Republic, successor to the former official union, remains the
sole trade union umbrella organization in the country.  The
same leaders are in charge, managing the State's social fund
and retaining the possession of its previously held properties,
as well as some of the resorts and sanatoriums financed by the
official Soviet trade union council.
In 1994 the Federation continued to be critical of government
policies, especially its policy of privatization, and their
impact on working class living standards.  Nevertheless, the
Federation still regards itself as in a process of transition
in which it is adjusting its relations with the Government,
with other unions in the former Soviet Union, and with unions
abroad.  The Federation remains affiliated to the Moscow-based
General Confederation of Trade Unions, which succeeded the
Soviet-era All-Union Central Council of Trade Unions.
Nineteen of Kyrgyzstan's 20 union organizations are affiliated
with the Federation and claim a total membership of
1.4 million.  The exception is the growing Union of
Entrepreneurs and Cooperative Members, which as of October
claimed a membership of 100,000.
While the right to strike is not codified, strikes are not
prohibited.  In 1994 there were no strikes.  The threat of a
strike by miners in the south was sufficient to induce the
Government to address the group's concerns.  There were no
retaliatory actions against this group, nor were there
instances of human rights abuses directed at unions or
individual workers.
The law permits unions to form and join federations and to
affiliate with international trade union bodies.  The Labor Law
calls for practices consistent with international standards.
Since independent unions are still in their infancy, no
meaningful affiliation with international trade union bodies
has taken place.
    b.   The Right to Organize and Bargain Collectively
The law recognizes the right of unions to negotiate for better
wages and conditions.  Although overall union structure and
practice remain relatively unchanged since the Soviet era,
there is growing evidence of active union participation in
state-owned and privatized enterprises.  However, the
Government sets wage levels by decree in most sectors of the
economy, although many state-owned factories have introduced
systems of bonuses and other incentives in keeping with the
Government's commitment to develop a market economy.  In the
private sector, employers set their own wage levels.
The law protects union members from antiunion discrimination,
and there were no recorded instances of discrimination against
anyone because of union activities in 1994.  However, because
the old management and labor leadership continues to dominate
the labor movement, anyone who wishes to form an independent
union faces formidable obstacles.  This, along with a
deteriorating economy, may discourage independent union
activity.  According to Federation officials, in the course of
the privatization process the workers of some enterprises,
possibly under pressure from management, dissolved their
primary trade union organizations.  The Federation also cited
one example in which the organization charter of a newly
privatized entity precluded its workers from engaging in union
activities.
There are no export processing zones.
    c.   Prohibition of Forced or Compulsory Labor
The law forbids forced or compulsory labor, and it is not known
to occur.
    d.   Minimum Age for Employment of Children
The minimum age for employment is 18 years.  Students are
allowed to work up to 6 hours per day in summer or in part-time
jobs from the age of 16.  The law prohibits the use of child
labor (under age 16); the Ministry of Education monitors
enforcement.  However, families frequently call upon their
children to work to help support the family.
    e.   Acceptable Conditions of Work
The Government sets a national, legally mandated minimum wage
at a level theoretically sufficient to provide minimal
subsistence.  As of December 15, the minimum wage was about
$6.00 (68 soms) per month.  In practice, even the higher median
wage is considered insufficient to assure a decent standard of
living for a worker and family.  The Federation is responsible
for enforcing all labor laws, including the Law on Minimum
Wages.  As the Government provides the overwhelming proportion
of employment, minimum wage regulations are largely observed.
However, enforcement of labor laws is nonexistent in the
growing underground economy.  Market forces help wages in the
unofficial sector to keep pace with official wage scales.
The standard workweek is 41 hours, usually within a 5-day
week.  For state-owned industries, there is a mandatory 24-hour
rest period in the workweek.
Safety and health conditions in factories are poor.  The
deteriorating economy hindered enforcement of existing
regulations and prevented investment to improve health and
safety standards.  The April 1992 law established occupational
health and safety standards, as well as enforcement
procedures.  Besides government inspection teams, trade unions
are assigned active roles in assuring compliance with these
measures, but once again the rapidly deteriorating economic
situation in the country has made the compliance record of
businesses spotty.
LAOS1
gTITLE:  LAOS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              LAOS
The Lao People's Democratic Republic (LPDR) is an
authoritarian, one-party state ruled by the Communist Lao
People's Revolutionary Party (LPRP).
The Ministry of the Interior (MOI) remains the main instrument
of state control.  MOI police maintain order and monitor Lao
society and foreign nationals, including foreign officials and
diplomats.  The degree of surveillance varies from province to
province.
Laos is an extremely poor country.  After the LPRP came to
power in 1975, at least 350,000 people fled the country to
escape the Government's harsh political and economic policies.
Since 1986 the Government has largely abandoned its Socialist
economic agenda.  Economic reforms have moved the country from
a moribund, centrally planned system to a growing,
market-oriented economy open to foreign investment.
Citizens do not have the right to change their government.
Even with ongoing economic liberalization, the adoption of a
Constitution in 1991, and National Assembly elections in 1993,
the Government only slowly eased restrictions on basic
freedoms.  Many of the rights stipulated in the Constitution
have not been codified with implementing legislation.  In
practice, the Government restricts the freedoms of speech,
assembly, and, to a lesser extent, religion, even though they
are provided for in the Constitution.  In 1994 the Government
eased domestic travel restrictions.  Laotians do not have the
right to privacy and do not enjoy a free press.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There continued to be occasional killings in the course of a
long-running, low-level insurgency north of Vientiane where the
Hmong ethnic group predominates.  Antigovernment groups abroad
have claimed repeatedly that the Lao Government employs
chemical weapons against those who oppose it.  Extensive
investigation of these allegations has produced no conclusive
evidence to substantiate the claims.
The road ambush is a common manifestation of the insurgency.
In May an Australian hydrologist and five Lao civilians were
killed when their vehicles were attacked.  In June four Lao
civilians were reportedly taken from their vehicles in an
ambush on Route 13 north and killed.
In October two Lao soldiers shot two Hmong males when the
latter strayed into a restricted military zone.  The Government
arrested the soldiers, who at last report remained in
detention.  In November the resistance reportedly killed two
villagers for collaborating with the army.  In December unknown
assailants killed four Lao civilian employees of the U.N. Drug
Control Program after their vehicle was stopped in an ambush.
It is often unclear whether the ambushers are politically
motivated insurgents or economically motivated bandits.
     b.  Disappearance
There were no reports of disappearances.
In September 1993, Vue Mai, a Hmong leader who in November 1992
returned voluntarily to Laos from a refugee camp in Thailand,
disappeared in Vientiane.  There is no clear explanation for
his disappearance, and the Government has stated its
investigation is continuing.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Penal Code prohibits torture or mistreatment of prisoners,
and the Government generally observed this principle in
practice.  However, there were at least two incidents in which
police may have used excessive force during arrest.
Jail conditions are harsh, but not life threatening.  Prison
authorities deny some prisoners regular family visits, and
medical care ranges from inadequate to nonexistent.  Inmates
sometimes resort to bribing their guards to obtain food and
medicines.  There is no independent monitoring of prison
conditions.  Prison conditions for women are fundamentally
similar to those for men.  The extent of sexual harassment in
prison is unknown but is not believed to be a serious problem.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution and Penal Code provide some protections for
those accused of crimes, such as a statute of limitations, but
the Government does not fully respect these provisions.  Those
accused of hostility toward the regime are subject to arrest
and confinement for long periods.  Three former government
officials are serving 14-year sentences handed down in 1992 for
advocating a multiparty system and criticizing restrictions on
political liberties.  The same year, three men detained since
1975 were sentenced to life terms for crimes allegedly
committed during their tenure as officials under the previous
regime.  The Government claims that three other officials of
the former government released in 1992 have chosen to remain in
the same remote province where they and the six prisoners
mentioned above were held.
Citizens do not have the protection of due process and may be
arrested based on unsupported accusations, without being
informed of the charges or of the accusers' identities.  The
Government resorts less frequently to detention without due
process for those accused of social crimes such as
prostitution, drug abuse, and gambling.  Some jurisdictions are
stricter than others in this regard.
The Government does not use forced exile as a means of
political control.
     e.  Denial of Fair Public Trial
Although regulations provide for public trial, this usually
amounts to public announcement of the sentence and not a true
public trial.  The trial of the three former government
officials now serving 14-year sentences was not open to the
public and the court's verdict was announced ex post facto,
raising serious questions about both the nature of their
alleged crime and the apparent lack of due process (see
Section 1.d.).  In 1994 there was at least one instance of a
public trial of four persons accused of various common crimes.
Politically sensitive trials have not been open to the public.
There is provision for appeal to the provincial courts and the
Supreme Court.  Senior government and party officials
reportedly also review sensitive political cases.  The
Constitution provides for the independence of judges and
prosecutors and protects their decisions from outside
scrutiny.  In practice, however, the courts appear to accept
recommendations of other government agencies, especially the
MOI, in making their decisions.
The Constitution provides that all accused persons have the
right to defend themselves and that the Board of Legal
Counselors has the right to provide legal assistance to the
accused.  The Government suspended the Board in late 1992,
pending the introduction of rules regarding the fees and
activities of private lawyers.  The few private lawyers in Laos
may still provide legal counsel, at least for civil cases, but
they may not establish themselves as attorneys-at-law.
Arrests, trials, and convictions are usually unannounced,
making it impossible to obtain exact figures of the number of
political prisoners.  However, anecdotal reporting suggests
that their ranks, reduced substantially by the closure of
reeducation camps in the 1980's, continued to decrease in
recent years.  The exact number of political prisoners at
year's end was unknown but might total several hundred.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Concomitant with economic liberalization, the Government
relaxed some elements of state control, including its rigorous
police monitoring of personal and business activities and
enforcement of the nighttime curfew.  However, while the
Constitution prohibits arrests or searches in homes without
possessing a warrant or authorization, the security bureaus
authorize search and seizure by themselves rather than by
judicial authority.  The Government and the party continue to
monitor the citizenry sporadically through a system of
neighborhood and workplace committees.  The neighborhood
committees also have responsibility for maintaining public
order and reporting "bad elements" to the police.  These
committees usually concern themselves more with street crime
and instances of moral turpitude than with political activism.
The degree of surveillance and control varies from province to
province.
The Penal Code forbids telephone monitoring without proper
authorization, but the security bureaus are believed to
authorize such monitoring themselves.  Monitoring of
international mail and telephone calls continued, although the
increasing number of such calls limited its extent.
The 1991 Constitution stipulates that the "national community"
owns all land.  Private "ownership" is in the form of land use
certificates, which can be bought, sold, and transferred to
heirs.  Many Lao who fled the country after 1975 regained
confiscated property after demonstrating their intent to
repatriate.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Despite the constitutional provisions for freedom of speech and
the press, the Government exerts broad control over the
exercise of these freedoms and has reacted harshly to
expressions of political dissent.  As noted in Section 1.d.,
three persons arrested in 1990 after persisting in public
criticism of party policies and calling for fundamental
political and economic change each received 14-year sentences
in 1992.  The Penal Code forbids slandering the State,
distorting party or state policies, and spreading false rumors
conducive to disorder.  It also prohibits disseminating books
and other materials that authorities deem indecent or that
would assail the national culture.
All domestically produced newspapers and radio and television
are controlled by the Government.  Local news in all media
reflect government policy; however, foreign news reports,
including those from Western sources, are usually translated
without bias.  In recent years the Government has relaxed
efforts to control the flow of information from abroad, and
Thai and Western newspapers and magazines are sold in the towns
where there is demand for them.  The Government makes no effort
to discourage reception of Thai radio or television broadcasts,
which are widely listened to and watched in the Mekong River
valley, where the majority of the Lao population lives.
In 1994 a Thai company inaugurated a new Lao-language
television station in Vientiane, but the Government prescreens
its programming.  The Government requires registration of
television satellite receiving dishes and payment of a one-time
licensing fee on their installation, but otherwise makes no
effort to restrict their use.
In 1994 the Government announced restrictions on videocassette
imports and exports and the opening of new video shops.  The
Government prohibits pornographic or politically inflammatory
videocassettes.  In November the Vientiane municipal party
committee imposed restrictions governing the content of music
played in night clubs and outlawed karaoke.  It took these
steps to strengthen Lao culture against erosion by foreign
influences, but was lax enforcing these restrictions.
The Government restricts academic freedom.  Lao academicians
are sometimes denied permission to travel abroad for
conferences or training.  Invitations to visit and collaborate
with foreign colleagues must be approved by the Lao employer
and the Ministry of Foreign Affairs.  The Government also
restricts the activities of Western scholars doing research in
Laos.
     b.  Freedom of Peaceful Assembly and Association
The Government controls and organizes most large public
gatherings except for religious, athletic, and communal
events.  The Penal Code prohibits demonstrations or protest
marches aimed at causing turmoil and social instability,
prescribing penalties of from 1 to 5 years' imprisonment.  The
Government also bans undefined "destabilizing subversive
activities."  Although the Constitution provides citizens with
the right to organize and join associations, all associations
are party controlled and disseminate official policy.
Foreigners are not allowed to engage in political activity or
religious proselytizing.  However, contact between ordinary Lao
and foreigners has increased in recent years as restrictions,
such as the requirement for government approval of invitations
to most foreigners' homes, are no longer enforced.  The
Government has eased the prohibition against foreigners staying
with Lao families in urban areas, and allows Lao citizens to
marry foreigners but only with prior government approval.
Marriages without government approval may be annulled, with the
foreign spouse subject to fine or arrest.
     c.  Freedom of Religion
The Constitution contains provisions for religious freedom.  In
practice the Government continues to restrict freedom of
religion, especially for Christians.
Links with coreligionists and religious associations in other
countries require government approval.  Although the Government
permits foreign nongovernmental organizations (NGO's) with
religious affiliations to work in Laos, it prohibits
proselytizing.  The Government also restricts the import of
foreign religious publications.
The enforcement of these regulations vary by province.  For
example, the Catholic Church is unable to operate in the
highlands and much of the north, but Catholics can openly
attend churches and chapels in southern Laos.  Protestants
operate over 100 churches throughout the country.  There were
unconfirmed reports that local authorities detained some clergy
for allegedly criticizing other religions and harassed,
arrested, and jailed other clergy merely because they were
Christians.  The persistence of such reports underscores the
continuing suspicion on the part of authorities toward the
local Christian community.
By comparison, the Government openly encourages Buddhism and
supports Buddhist organizations.  High-ranking government
officials routinely attend religious functions, and Buddhist
clergy are prominently featured at important state and party
functions.  The Government permits Buddhist festivals without
hindrance.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
In 1994 the Government lifted domestic travel restrictions for
citizens and foreign visitors except in unspecified prohibited
or insecure areas.  Most Lao can easily obtain passports and
exit permits from the Ministry of Foreign Affairs for personal
travel abroad.  Border crossing permits for Lao to visit
Thailand are routinely available from local village committees
for a modest issuance fee, and the Government does not appear
to interfere with persons desiring to emigrate.  Except for
around 30 persons convicted in absentia in 1975 for
antigovernment activities, citizens have the right of return.
The stated government policy since 1977 is to welcome back the
approximately 10 percent of the population which fled after the
change of government in 1975.  In recent years an increasing
number of Lao living abroad returned to visit; several remained
to operate businesses.
Laos, Thailand, and the U.N. High Commissioner for Refugees
(UNHCR) are cooperating on the return of the Lao asylum seekers
in Thai camps who volunteer to return to Laos.  This program
includes provisions for monitoring returnees to ensure they are
given the same rights and treatment as resident Lao.  According
to the UNHCR and voluntary agencies, returnees are not subject
to discrimination or persecution, and are allowed back with all
the belongings they accumulated while outside Laos.
There were no forcible repatriations from Laos in 1994;
however, more than 5,000 Lao voluntarily repatriated to Laos.
No new Lao asylum seekers arrived in Thailand.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the ability to change their government
despite Constitutional provisions for the public election of
National Assembly members.  All candidates had to have the
approval of the LPRP before they could stand for the December
1992 National Assembly elections, no other parties were
allowed, and voting was mandatory.  However, not all candidates
were LPRP members and a few non-party candidates won seats.
Despite constitutional provisions for equality, women do not
play a significant role in government.  Only 8 of the 85
members of the National Assembly are women, the 52-member LPRP
Central Committee includes only 2 women, and there are no women
in the Politburo or the Council of Ministers.
Lowland Lao males dominate the upper echelons of the party and
Government.  Nonetheless, the Prime Minister, a deputy Prime
Minister, the Minister of the Interior, and 23 members of the
National Assembly are believed to be members of ethnic minority
groups.  Members of these minorities often adopt lowland Lao
names as they are increasingly assimilated into mainstream Lao
society, thus making it difficult to ascertain accurately the
number of ethnic minorities in any organization.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no domestic human rights groups.  Any organization
wishing to investigate and publicly criticize the Government's
human rights policies would face serious obstacles, if it were
permitted to operate at all.  Laos generally does not cooperate
with international human rights organizations.  The Government
has, however, permitted visits by officials of international
humanitarian organizations and has exchanged correspondence
with them.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for equal treatment under the law for
all Lao citizens without regard to sex, social status,
education, faith, or ethnicity.
     Women
There is no pattern of widespread domestic violence against
women, and reportedly sexual harassment and rape are rare.  In
cases of rape that do go to court, rapists are generally
prosecuted.  The Constitution provides for equal rights for
women, and the Lao Women's Union, a party-sanctioned
organization, operates nationally to promote the position of
women in Lao society.  However, traditional culturally-based
discrimination persists, especially among lowland Lao and some
hill tribes.
The Government relies on the Women's Union and youth
organizations to educate girls and young women against the
schemes of recruiters for brothels and sweatshops in Thailand
and elsewhere.  The Government has prosecuted some persons for
involvement in such recruiting activities and appears willing
to take action against organized prostitution.
Many women occupy responsible positions in the civil service
and private business, and in urban areas their income is often
higher than that of men.  The Family Code prohibits legal
discrimination in marriage and inheritance.
     Children
Violence against other persons, including children, is
prohibited by law.  Reportedly physical abuse of children is
rare.  Government expenditures are inadequate for children's
basic health and educational needs, and Laos' limited resources
do not suggest any rapid expansion of funds to meet those needs.
     National/Racial/Ethnic Minorities
The Constitution provides for equal rights for all minorities,
and there is no legal discrimination against them.  However,
societal discrimination persists.
Approximately half the population is ethnic Lao, also called
"lowland Lao," and most of the remainder is a mosaic of diverse
upland hill tribes who are Lao citizens if born in Laos.  There
are also ethnic Vietnamese and Chinese minorities, particularly
in the towns.  The implementation in 1994 of the 1990 Law on
Nationality provided a means for these Vietnamese and Chinese
minorities to regularize Lao citizenship.  While the Government
encourages the preservation of minority cultures and
traditions, minority tribes have little voice in government
decisions affecting their lands and the allocation of natural
resources.  Hill tribe interaction with the Government is
limited by poor transportation and communication links and a
shortage of government resources.
The Hmong are the largest and most prominent highland tribe.
They split along clan lines during the Vietnam war:  many were
strongly anti-Communist while others sided with the Lao and
Vietnamese Communists.  The Government repressed many of those
who fought against it, especially those perceived to be still
resisting its authority.  Reports of abuse, discrimination, and
heavy-handed tactics continue to emanate from Hmong who live in
or near areas of armed resistance.  Nevertheless, an increasing
number of Hmong who fled the country after 1975 have
repatriated to Laos without suffering persecution.
     People with Disabilities
With donor assistance, the Government is implementing limited
programs for the disabled.  The law does not mandate
accessibility to buildings or government services for disabled
persons.
Section 6  Worker Rights
     a.  The Right of Association
Although the Constitution provides citizens with the right to
organize and join associations, the party controls all
associations and all conform to official party policy (see
Section 2.b.).
Subsistence farmers comprise an estimated 85 percent of the
work force.  The State employs the majority of salaried
workers, although this is changing as the Government reduces
the number of its employees and privatizes state enterprises,
and as foreign investors open new factories.  Under the 1990
Labor Code, labor unions can be formed in private enterprises
as long as they operate within the framework of the officially
sanctioned Federation of Lao Trade Unions (FLTU), which in turn
is controlled by the LPRP.  Most of the FLTU's 80,000 members
work in the public sector, overwhelmingly as public servants.
Strikes are effectively, but not categorically, forbidden and
none occurred in 1994.
With advice from the International Labor Organization (ILO),
the Government revised its Labor Code in an effort to clarify
rights and obligations of workers and employers.  The
Government agreed to the posting by the ILO of a foreign expert
to work with the Ministry of Labor and Social Welfare.  The
extent to which the FLTU is free to engage in contacts and
affiliate with foreign labor organizations is unknown.
     b.  The Right to Organize and Bargain Collectively
There is no right to organize and bargain collectively.  The
Labor Code stipulates that disputes be resolved through
workplace committees composed of employers, representatives of
the local labor union, and representatives of the FLTU, with
final authority residing in the Ministry of Labor and Social
Welfare.  The incidence of labor disputes is low.  The
Government sets wages and salaries for government employees,
while management sets wages and salaries for private business
employees.
The Labor Code stipulates that employers may not fire employees
for conducting trade union activities or for lodging complaints
against employers about labor law implementation or for
cooperating with officials on labor law implementation and
labor disputes.  Workplace committees are one mechanism used
for resolving complaints.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced labor except in time of war or
national disaster, when the State may conscript laborers.
     d.  Minimum Age for Employment of Children
Under the Labor Code, children under 15 may not be recruited
for employment.  However, many children help their families on
farms or in shops.  The Labor Code accordingly provides that
younger children may work for their families, provided they are
not engaged in dangerous or difficult work.  Such employment of
children is common in urban shops, but rare in industrial
enterprises.  The MOI and Ministry of Justice are responsible
for enforcing these provisions, but enforcement is ineffective
owing to a lack of inspectors and other resources.  Education
is compulsory through the fifth grade, but this requirement is
rarely observed in the rural areas or among the urban poor.
     e.  Acceptable Conditions of Work
The Labor Code has provisions for a broad range of worker
entitlements, including a workweek limited to 48 hours (36 in
dangerous activities), safe working conditions, and higher
compensation for dangerous work.  The Code also provides for at
least 1 day of rest per week for employees.  Employers are
supposed to cover all expenses for a worker injured or killed
on the job, a requirement generally fulfilled by employers in
the formal economic sector.  The daily minimum wage is $1.39
(1,000 kip), which is insufficient to provide a decent standard
of living for a worker and family.  Most civil servants face
the problem of inadequate pay.  However, few families in the
monetized economy depend on only one breadwinner.  Some
piecework employees, especially on construction sites, make
less than the minimum wage.  Although workplace inspections
reportedly increased, the Ministry of Labor and Social Welfare
lacks the personnel and budgetary resources to enforce the
Labor Code effectively.
The Labor Code has no specific provision allowing workers to
remove themselves from a dangerous situation without
jeopardizing their employment.
LATVIA1
nrnrTITLE:  LATVIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             LATVIA
Latvia, having regained its independence in 1991 after 50 years
of forced annexation by the Soviet Union, is a parliamentary
democracy.  The 1993 coalition government comprising the
Latvia's Way and Farmers' Union parties broke up and was
replaced by another government dominated by Latvia's Way.  The
Prime Minister, as chief executive, and the Cabinet are
responsible for government operations.  A 1991 Constitutional
Law, which supplements the 1922 Constitution, provides for
basic rights and freedoms.
The security apparatus consists of:  the national police and
other services subordinate to the Interior Ministry; municipal
police operating under local government control; the National
(Home) Guard, a mainly volunteer reserve which assists in
police activities; and the Latvian Republic Security Service
(LRSS).  All these organizations were responsible for abuses,
including use of lethal or excessive force.  In late 1994, the
National Guard and LRSS, which had operated independently, were
both placed under Defense Ministry jurisdiction.  All
active-duty Russian troops left Latvia by August 31, 1994,
although as many as several thousand officers demobilized in
place remained illegally.
Traditionally dominated by agriculture and forestry-based
industry, with military-industrial production introduced by the
Soviets, Latvia's varied economy is increasingly oriented
toward the service sector.  As the transition from a centrally
planned to a market-oriented economic system continues, private
enterprise in trade and services is thriving, and about 50
percent of farmland is now in private hands.  In the industrial
sector, progress is slower, and the first stage of mass
privatization of firms is not scheduled to begin until 1995.
With a stable, freely traded currency, unemployment around 8
percent, and annual inflation about 25 percent in 1994 and
trending downward, the economy has begun to grow again.
A key development in 1994 was the enactment of a law on
naturalization and citizenship, and promulgation of attendant
implementing regulations.  If carried out, the law will allow
most of Latvia's approximately 700,000 noncitizen residents to
seek naturalization over the next several years.  The main
requirements are knowledge of the Latvian language, history,
and Constitution, as well as a pledge of loyalty to Latvia.
While Russia and some noncitizens criticized the law, most
independent experts, including the Conference on Security and
Cooperation in Europe (CSCE) resident mission, deemed it a
compromise consistent with international norms.  By year's end,
the Government had not yet introduced its national program for
protecting individual rights, and Parliament had not yet
adopted on third reading a law specifying the rights of
noncitizens.
Police and security forces, which are ethnically mixed,
continue to use violence and excessive force, occasionally
resulting in death, and the Government has not yet taken
adequate disciplinary action against those responsible.  Prison
conditions remained substandard, and the authorities reportedly
injured many inmates when they suppressed prison hunger
strikes.  Although the Citizenship and Immigration Department
(CID) continued to act arbitrarily and to ignore court orders
in some cases concerning the residence status of noncitizens,
independent observers noted limited improvements in the latter
half of 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
Latvian media reported extensively on instances in which
security officials inappropriately used lethal force, resulting
in the shooting deaths of at least two innocent civilians.  In
a separate case, LRSS officials allegedly beat a detainee so
badly that he died of his injuries.  Investigations continue in
these cases, and subsequently the Government greatly reduced
the size of the LRSS, limited its functions, and placed it
under the jurisdiction of the Defense Ministry.
     b.  Disappearance
There were no known instances of political abductions or
disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture.  However, there were
credible reports that police and prison personnel beat
detainees and prison inmates (see Section 1.a.).  There were no
known instances in which the Government prosecuted those
responsible.
Prison conditions remain poor.  Inadequate sanitation
facilities, persistent shortages of blankets and medical care,
and insufficient lighting and ventilation are common problems,
as is the availability of resources.  The prohibition against
allowing detainees awaiting trial to send mail, which existed
under Soviet law, continues.
In mid-1994 the authorities, using Interior Ministry prison
guards with reinforcements from special Interior Ministry
police brigades, reportedly suppressed large-scale hunger
strikes against prison conditions and injured many inmates when
they cracked down harshly.  Although the State Minister for
Human Rights appointed an investigative commission, the
Government by year's end had taken no disciplinary action or
legal measures against those officials alleged to have used
excessive force.
The situation for some imprisoned children was extremely poor,
although some improvements were reported in 1994.  Credible
reports indicate that children as young as 14 years old were
kept in unsanitary conditions and suffer from disease and
deprivation.  Both boys and girls are subject to violence and
possible sexual abuse.
One of the legacies of Soviet domination is the regular
practice of hazing military recruits.  The authorities did not
take any significant disciplinary or legal action to punish
military authorities who accept or tolerate cruel and degrading
treatment of young soldiers.
     d.  Arbitrary Arrest, Detention, or Exile
There were no known instances of arbitrary arrest or exile.  As
of October 1, the responsibility for issuing arrest warrants
was transferred from prosecutors to the courts.  The law
requires the prosecutor's office to make a formal decision
whether to charge or release a detainee within 72 hours after
arrest.  Charges must be filed within 10 days of arrest.  A
detainee may not be held for more than 6 months without new
arrest orders being issued by the prosecutor's office.  No
detainee may be held for more than 18 months without the case
going to court.  Detainees have the right to have an attorney
present at any time.  These rights are subject to judicial
review, but only at the time of trial.
     e.  Denial of Fair Public Trial
Although the criminal justice system is organized according to
the former Soviet model, Latvia is reforming its judicial
system and adding regional courts.  For more serious criminal
cases, two lay assessors join the professional judge on the
bench.  There are no reports that the Government improperly
influenced judges.
Trials may be closed if state secrets might be revealed.  In
one case of a parliamentarian accused of collaborating with the
Soviet secret police (KGB), the trial was closed to protect the
identity of ex-KGB officers who appeared as witnesses.  All
defendants have the right to hire an attorney, and the State
will lend funds to destitute defendants for this purpose.
Defendants have the right to read all charges and confront all
witnesses.  Defendants may offer witnesses and evidence to
support their case.
In May the state prosecutor informed the Saeima (parliament) of
allegations that five parliamentarians (of whom two were
government ministers) were suspected of having willingly
collaborated with the KGB.  All Saeima candidates had been
required to sign documents denying such collaboration.
Although all five originally denied KGB links, the Saeima
majority voted to suspend their parliamentary mandates pending
the outcome of trials to determine their guilt or innocence.
The Government characterized this step as an unconstitutional
infringement of the parliamentarians' right to a presumption of
innocence as well as a violation of Saeima procedures.
Nevertheless, at year's end, three of the accused were still
barred from exercising their parliamentary responsibilities
pending conclusion of lengthy trials and appeals.  A former
minister without portfolio was exonerated and returned to
Parliament, while the former Foreign Minister admitted limited
cooperation with the KGB and resigned his seat.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
By law, law enforcement authorities require a judicial warrant
to intercept mail, telephone calls, or other forms of
communication.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Latvia generally enjoyed freedom of speech and press throughout
1994, which is provided for by the Constitutional Law.  The
1991 Latvian press law prohibits censorship of the press or
other mass media.  In 1994 the number of independent television
and radio outlets, broadcasting in both Russian and Latvian,
continued to grow.  Two cable television companies compete for
subscribers in Riga, who continue to increase in number.
Virtually all newspapers and magazines in Latvia are privately
owned, and new publications continued to appear.  Newspapers in
both Latvian and Russian published a wide range of criticism
and political viewpoints.
In September the Riga city council adopted a law which would
have banned the distribution of certain foreign publications
"directed against Latvian national independence."  Before the
law was scheduled to take effect, however, the Government's
Minister of State Reform exercised her legal authority to
overrule the city council.  In overturning this local
legislation, which was intended to outlaw the distribution of
hard-line Russian nationalist publications, the Government
argued that the press ban would have been a violation of
international human rights instruments as well as Latvian
guarantees of freedom of the press.  Riga city council
officials did not appeal the Government's decision but
suggested they would use indirect administrative measures, such
as the licensing of newspaper dealers, to restrict unwanted
publications.
There are no restrictions on academic freedom.
     b.  Freedom of Peaceful Assembly and Association.
The authorities legally do not have the power to prohibit
public gatherings.  Organizers of demonstrations must provide
advance notice to local authorities, who may change the time
and place for such reasons as fear of public disorder.  In 1994
numerous mass meetings and political demonstrations took place
without government interference.
The Constitution provides for the right to associate in public
organizations.  However, the law on registering public
organizations was amended in late 1993 to bar registration of
Communist, Nazi, or other organizations whose activities would
contravene the Constitution.  More than 40 political parties
are officially registered.
In October 1993, the Cabinet directed authorities to close
three small organizations that allegedly had plotted a coup
against the Latvian Government in connection with the
insurrection in Moscow, including the Union of Communists.
That organization and the like-minded Union for the Protection
of Veterans' Rights sued the Government for its refusal to
register them as legal organizations.  In September a court
ruled that the Justice Ministry had acted properly in refusing
to register the Union of Communists.
The Justice Ministry also refused to register the League of
Stateless Persons in Latvia on the grounds that noncitizens are
prohibited from forming "political" organizations.  While the
refusal to register the League has serious legal consequences,
such as the ability to incorporate and hold property, the
authorities did not prevent the League from holding meetings
and speaking out on behalf of noncitizens.
     c.  Freedom of Religion
The Government does not interfere in the exercise of religious
freedom.  Foreign evangelists are permitted to hold meetings
and proselytize.  The Government does not require the
registration of religious groups.  Only religious groups which
have members who are Latvian citizens, however, may incorporate.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no obstacles to freedom of movement within the
country, foreign travel, or repatriation of citizens.
Some noncitizens may require reentry permits.  In late 1994,
the Government was developing a new travel document for
noncitizen residents.  Before issuing this document, it ran
short of the former Soviet passports that it previously issued
to noncitizens.  Pending the Government's issuance of the new
document (or purchase of additional former Soviet passports),
foreign travel for some noncitizens was temporarily restricted.
Latvia is not a signatory to international conventions on
refugees and does not have a law on political asylum.  Most of
those seeking refugee status are persons from the Middle East
entering by land from Russia and hoping to reach Scandinavia;
Latvia usually attempts to return such applicants to Russia.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government.  Latvia
held free and fair elections for Parliament in 1993 and for
local councils in May 1994, with the participation of numerous
parties and factions representing a broad political spectrum.
Eight parties won seats in the Saeima, and 90 percent of
eligible voters participated, using a secret ballot.
There was no mechanism for the many residents of Latvia who
were not citizens to participate in the elections.
Furthermore, there was a Latvian-language requirement for
candidates in local elections.  A similar requirement may also
apply to future Saeima candidates, but in 1994 the Saeima
rejected efforts to apply a language requirement to its own
members retroactively.  There are no ethnic restrictions on
parliamentary representation, and ethnic Russians serve in the
Saeima.
In July the Saeima approved the final version of the
naturalization law based on a much-amended bill originally
submitted by the ruling Latvia's Way party.  Since the
restoration of independence in 1991, Latvian citizenship had
previously been accorded only to those persons who were
citizens of the independent Latvian Republic in 1940 and their
direct descendants.  Owing to the Russification policy pursued
during the Soviet era, ethnic Latvians make up only about 54
percent of the total population and do not constitute a
majority in seven of Latvia's eight largest cities.  Many
Latvian citizens are particularly sensitive about citizenship
and naturalization issues owing to the large minority that is
not ethnically Latvian.
In late June, the Saeima adopted a law on naturalization that
would have set annual quotas of less than 20,000 applicants in
each year after 2001.  Following serious criticism by
international organizations and foreign governments, President
Ulmanis sent the law back to Parliament with a recommendation
to eliminate the quota provision from the law.  The Saeima
accepted the President's recommendation, and the enacted law
met with approval by most international human rights experts
from the Council of Europe (COE) and other international
organizations.
As enacted, the naturalization law provides that various
categories of noncitizens will be eligible to apply for
naturalization over a period extending from 1995 until early in
the next century.  Highest priority will be given to spouses of
Latvian citizens, ethnic Latvians, citizens of other Baltic
states, and persons born in Latvia.  The law includes a Latvian
language and residence requirement as well as restrictions on
naturalization of former Soviet KGB and military officers.  The
law requires applicants for citizenship to renounce previous
non-Latvian citizenship, to have knowledge of the Constitution,
and to take a loyalty oath.  Furthermore, the law also provides
for legal guarantees concerning naturalization procedures and
decisions through operation of (a) a parliamentary supervising
committee; (b) an obligation to render decisions within 1 year
from the date of application; and (c) judicial review of
decisions not to grant citizenship.  International experts,
Latvian government officials, and domestic human rights
monitors agreed that Latvia will must place high priority on
implementing the naturalization law in a fair, impartial manner
and provide greater opportunities for noncitizens to learn the
Latvian language.
The Citizenship and Immigration Department (CID), which has
administrative responsibility for registering noncitizens, has
consistently failed to implement properly and fairly laws
affecting noncitizens.  Most cases involve CID denials of
noncitizen residents' applications for "permanent resident"
status.  Although negative CID decisions are subject to
judicial review, when courts do overturn negative CID
decisions, the CID frequently refuses to comply.  In October
Minister of State for Human Rights Janis Tupesis acknowledged
unprofessionalism on the part of CID officials but denied any
large-scale violations of human rights.  Toward the end of the
year, there was some evidence of modest improvement in the
CID's implementation of court orders.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights.
A few nongovernmental organizations devoted to research and
advocacy of human rights issues, including prison conditions,
operate without government restriction.  Several organizations
deal with issues of concern to local ethnic Russians,
presenting them to the courts and the press.
The Government demonstrated a willingness to engage in dialog
with nongovernmental organizations working on human rights
issues, particularly after it created in March a new post of
State Minister for Human Rights.  It welcomed visits by human
rights organizations and received delegations from, among
others, the CSCE, the COE, and the United Nations.  A resident
CSCE mission was established in Latvia with a mandate to
"address citizenship issues and other related matters."
Latvian officials worked particularly closely with the CSCE and
COE during the drafting and ultimate adoption of the
citizenship law.
In late July, the Government hosted a special high-level
mission organized by the United Nations Development Program,
the COE, and the CSCE to discuss the formulation of a national
program for the protection and promotion of human rights.
Headed by the Federal Human Rights Commissioner for Australia,
the mission met with official and nongovernmental sources and
provided the Government with observations on the human rights
situation as well as recommendations for developing domestic
institutions to protect human rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitutional Law provides that all persons are equal
under the law regardless of race, sex, religion, language,
social status, or other grounds, and grants equal rights to
work and wages to persons of all nationalities.  Of a total
population of 2.7 million, there are 1.4 million Latvians,
900,000 Russians, 120,000 Belarusians, and 100,000 Ukrainians.
     Women
Women possess the same legal rights as men.  The Latvian Labor
Code prohibits women from performing "hard jobs or jobs having
unhealthy conditions." based on a list agreed between the
Cabinet and labor unions.  Beyond this, it bans employment
discrimination.  In reality, women frequently face hiring and
pay discrimination, especially in the emerging private sector.
Women apparently have not brought any discrimination suits
before the courts.
Sources indicate that the problem of domestic violence against
women is fairly widespread and is often connected with alcohol
abuse.  There is anecdotal evidence suggesting that the entire
legal system, including the courts, tends to downplay the
seriousness of domestic violence.  Observers suggest that
police are sometimes reluctant to arrest in such cases.  No
programs exist specifically to assist victims of domestic
abuse.  Adult prostitution has not been outlawed; it is
increasing and is often linked with organized crime.
Women's advocacy groups are still small.  They are involved in
finding employment for women, lobbying for increased social
benefits, and banning the hazing of military recruits.
     Children
The Government seeks to ensure that children's human rights are
respected and their basic welfare needs met.  A few children's
advocacy groups are active, particularly in lobbying for
legislation to protect children's rights and for increased
welfare payments for children.  Legislative gaps hampered
efforts to win convictions in child molestation cases.  Law
enforcement authorities have won court suits to remove children
from abusive parents and secured convictions in child
prostitution cases.
Children's advocates point to the lack of special institutions
for rehabilitation and vocational training of juvenile
offenders.  Although recent legislation provides for the
establishment of such special schools, the Government failed to
budget funds for this purpose.  Consequently, juveniles are
frequently housed in regular prison facilities after committing
relatively minor offenses.
     National/Racial/Ethnic Minorities
The Constitutional Law provides that only citizens may occupy
state positions, establish political parties, own land, and
"choose a place of abode on Latvian territory."  Under the
Constitution, all residents of Latvia enjoy equal rights under
the law.  However, the majority of persons who are not ethnic
Latvians have difficulty participating fully in the civic life
of the country.  Reliable sources suggest that practical
problems are most acute for those noncitizens who have only
temporary residence permits in Latvia.  These are typically
people residing in factory dormitories or housing units
previously connected to the Soviet or Russian military.
The Latvian language law requires employees of the State and of
all "institutions, enterprises, and institutes" to know
sufficient Latvian to carry out their profession.  The law also
requires such employees to be conversationally proficient in
Latvian in order to be able to deal with the public.  Despite
the language law, there have been no reports of widespread
dismissals, even in the city of Daugavpils, in which 87 percent
of the population is not ethnically Latvian, and Russian is the
prevailing language in industry.  Nevertheless, many
non-Latvians believe that they have been disfranchised and that
the language law discriminates against them, although there are
no reports of widespread dismissals among management, teachers,
or other sectors.
Some ethnic Russians have also complained of de facto
discrimination resulting from Latvia's property laws, which
limit land ownership to citizens.  Moreover, noncitizens were
given fewer privatization certificates (which will eventually
be used to purchase land, apartments, and stocks) than
citizens.  New legislation, however, allows land ownership by
companies in which noncitizens own shares.  Because of past
Soviet Russification policies, ethnic Russians generally live
in newer, better housing than ethnic Latvians.  The level of
compensation for their apartments to those emigrating from
Latvia is not high enough to permit them to purchase an
apartment in Russia.  Latvia does not officially grant any
compensation to former Russian officers for apartments assigned
them by the Soviet military, although at least some seem to
circumvent such legal restrictions.
The Government has agreed to continue using Russian as the
language of instruction in public schools where the pupils are
primarily Russian speakers.  Although all non-Latvian-speaking
students in public schools are supposed to learn Latvian, there
are shortages of Latvian teachers.  State-funded university
education is in Latvian, except for the medical school and some
classes for outgoing seniors.  Incoming students whose native
language is not Latvian must pass a Latvian-language entrance
exam.  It remains the Government's stated goal that all public
schools eventually convert to Latvian as the language of
instruction.
     People with Disabilities
Latvia does not have a law banning discrimination against the
disabled.  The Government supports special schools for disabled
persons.  The Government does not enforce a 1993 law requiring
buildings to be accessible to wheelchairs, and most buildings
are not accessible to wheelchairs.
Section 6  Worker Rights
     a.  The Right of Association
Latvia's law on trade unions mandates that workers, except for
the uniformed military, have the right to form and join labor
unions of their own choosing.  In 1993 about 50 percent of the
work force belonged to unions; union membership continued to
fall as workers left Soviet-era unions that include management
or were laid off as Soviet-style factories failed.  The Free
Trades Union Federation of Latvia, the only significant labor
union confederation, is nonpartisan, though some leaders ran as
candidates for various smaller parties that failed to enter
Parliament in the 1993 elections.  Unions are free to affiliate
internationally and are developing contacts with European labor
unions and international labor union organizations.
The law does not limit the right to strike, and in December
more than 10,000 Latvian teachers staged a 9-day strike, which
was the first major labor action since the restoration of
Latvian independence.  Although many state-owned factories are
on the verge of bankruptcy and seriously behind in wage
payments, workers fear dismissal if they strike, and
noncitizens fear that their participation in strikes may affect
their residency status.  While the law bans such dismissals,
the Government has not effectively enforced these laws.
     b.  The Right to Organize and Bargain Collectively.
Labor unions have the right to bargain collectively and are
largely free of government interference in their negotiations
with employers.  The law prohibits discrimination against union
members and organizers.  Some emerging private sector
businesses, however, threaten to fire union members; these
businesses usually provide better salaries and benefits than
are available elsewhere.  The Government's ability to protect
the right to organize in the private sector is weak.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it is not
practiced.  Inspectors from the Welfare Ministry's labor
department enforce the ban.
     d.  Minimum Age for Employment of Children
The statutory minimum age for employment of children is 15,
although those aged between 13 and 15 may work in certain jobs
after school hours.  Children are required to attend school for
9 years.  State authorities enforce child labor and school
attendance laws.  The law restricts employment of those under
18, for instance, by banning night shift or overtime work.
     e.  Acceptable Conditions of Work
In October the minimum monthly wage was set at about $50 (28
lats).  The authorities estimate the poverty line to be about
$120 (68 lats) per month.  Many factories are virtually
bankrupt and have reduced work hours.
The Labor Code provides for a mandatory 40-hour maximum
workweek with at least one 24-hour rest period, 4 weeks of
annual vacation, and a program of assistance to working mothers
with small children.  Latvian laws establish minimum
occupational health and safety standards for the workplace, but
these standards are frequently ignored.
LEBANON1
mTITLE: LEBANON HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            LEBANON
Lebanon is a parliamentary republic in which the President is
by tradition a Maronite Christian, the Prime Minister a Sunni
Muslim, and the Speaker of the Chamber of Deputies a Shi'a
Muslim.  The Parliament consists of 128 deputies, equally
divided between Christian and Muslim representatives.
The security forces comprise the Lebanese Armed Forces (LAF),
which may arrest and detain suspects on national security
grounds; the Internal Security Forces (ISF) which enforce laws,
conduct searches and arrests, and refer cases to the judiciary;
and the State Security apparatus and the Surete General, both
of which collect information on groups that may jeopardize
state security.
Non-Lebanese military forces control much of Lebanon.  These
include about 30,000 Syrian troops, a contingent of Israeli
army regulars and an Israeli-supported militia in southern
Lebanon, and several armed Palestinian factions.  All undermine
the authority of the central Government and prevent the
application of law in areas not under its control.  In 1991 the
Governments of Lebanon and Syria concluded a security agreement
which provides a framework for cooperation between their armed
forces.  However, Syrian military and intelligence units in
Lebanon conduct their activities independently of the
agreement.
In 1989 the Arab League brokered a peace settlement at Taif,
Saudi Arabia, to end the hostilities in Lebanon.  According to
the Taif Accord, Syrian troops were scheduled to be redeployed
from Lebanon's coastal population areas to the Biqa' Valley,
with full redeployment to take place thereafter.  The Syrian
Government has refused to carry out that redeployment.
Lebanese government officials have not pressed the issue,
citing such reasons as the Lebanese Army's alleged unreadiness
to take over security functions from Syrian forces.  However,
pervasive Syrian influence over Lebanese politics and
decisionmakers lies at the root of the Government's
unwillingness to engage Syrian authorities on the withdrawal.
This relationship with Syria does not reflect the will of
significant segments of the Lebanese public.
Israel exerts control in and near its self-proclaimed "security
1one" in southern Lebanon through its surrogate, the South
Lebanon Army (SLA), and the presence of about 1,000 Israeli
troops.  The SLA maintains a separate and arbitrary system of
justice in the zone, independent of Lebanese central
authority.  SLA officials have reportedly deported some alleged
criminals to Israel to face legal charges.  Also in south
Lebanon, the Iranian-backed Shi'a Muslim militia, Hizballah,
and allied Palestinian guerillas continue to be locked in a
cycle of raids and counterraids with Israeli forces and the SLA.
Palestinian groups operate autonomously in refugee camps
throughout the country and maintain a separate, arbitrary
system of justice for other Palestinians.  In 1994 the
Government continued to consolidate its authority in the parts
of the country under its control.  It has disarmed private
Christian militias but has made little effort to disarm
Hizballah and its allies, the SLA, or to reassert state control
over the Palestinian refugee camps.
Before the 1975-89 hostilities, Lebanon was an important
financial and commercial center.  The war weakened its
commercial leadership and inflicted massive damage on the
economic infrastructure.  In 1994 the free market economy
continued to recover, as the Government took steps to restore
confidence and implement a reconstruction program.  Although
many citizens lack the confidence to repatriate much of the
estimated $30 billion deposited abroad, there have been some
significant cash flows reflecting cautious optimism in the
Government's program.
The human rights situation continued to deteriorate.
Government abuses included the arrest and detention of
individuals and groups opposed to government policies and the
presence of Syrian forces.  There were credible reports that
government forces tortured and mistreated prisoners.  In
February the bombing of a Maronite Christian church
precipitated the two major human rights developments of 1994:
the Government arrested and members of the Lebanese Forces (LF)
party, which it claimed had carried out the bombing, and before
filing formal charges, revoked the LF's license as a political
party.  Second, in March the Government suspended all news
broadcasts on the grounds that some broadcasters were using the
church bombing to inflame sectarian tensions.  The Government
lifted the suspension in July.  In October Parliament passed a
new audiovisual law which most interested parties consider
adequate to protect freedom of expression.  The LF remains
banned.  Although the overall level of armed conflict declined,
life and property, especially in the south, are still
threatened by artillery and aerial attacks by the various
contending forces.  In 1994 these forces continued to carry out
abductions, assassinations, and terrorist bombings.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In 1994 political killings declined as the Government further
consolidated its authority over the country.  However, security
or police personnel were responsible for at least three
extrajudicial killings.  In one case, authorities at the
Bayt-Al-Din Prison beat a prisoner, Tariq Hassaniyah, to death
in March.  Authorities arrested the warden and five officers,
but at the end of the year had not made public their
investigation, nor had they brought any charges against the
perpetrators.
Amnesty International (AI) reported that Fawzi Al-Rasi, a
prisoner in his early thirties, died in custody on April 22.
According to official sources, Al-Rasi died of a heart attack
while detained at the Ministry of Defense.  However, Al-Rasi's
colleagues maintained that his heart attack resulted from
physical abuse.
In July, the Lebanese Association for Human Rights claimed that
a suspect died during an interrogation conducted by narcotics
officers.  According to the Association, citizens have lodged
numerous complaints about the Antidrug Bureau, where officers
reportedly detain suspects for weeks without charge; some are
reportedly tortured.  At year's end, the Government had not
investigated or punished those responsible for these alleged
killings.
Various factions and unknown persons carried out
assassinations.  On April 12, an Iraqi opposition figure, Talib
Suhayl al-Tamimi, was assassinated in Beirut.  Security forces
arrested two Iraqi diplomats assigned to Beirut and charged
them with murder.  According to newspaper reports, the suspects
admitted their guilt, but at year's end there was no movement
towards a trial.
Rival Palestinian factions continued to engage in a cycle of
politically motivated murders, mostly in the southern city of
Sidon and nearby refugee camps.
On January 29, two gunmen assassinated Na'eb 'Umran
al-Ma'ayitah, first secretary of the Jordanian Embassy in
Beirut.  Authorities arrested and tried seven persons
associated with the radical Abu Nidal Palestinian faction for
the crime.  In October a court sentenced the four principal
defendants to death and the others to 10 years in prison for
abetting the crime.  The death sentences were commuted to life
imprisonment at hard labor.
     b.  Disappearance
There were no known disappearances attributable to state
security forces.  However, the fate of thousands of inhabitants
kidnaped during the years of civil unrest is still unknown.
Militias and non-Lebanese forces were responsible for most of
the kidnapings.  Some victims are believed to have been
murdered.  The Government has taken no judicial action against
groups responsible for the kidnapings.
On May 21, Israeli commandos abducted the senior leader of an
Islamic resistance organization, Mustafa Dirani, from his house
in the central region of the Biqa' Valley, an area under Syrian
control.  Dirani is detained in Israel.  Israeli authorities
stated that they had seized Dirani to obtain information from
him on the fate of a missing Israeli pilot, Ron Arad, who was
shot down over Lebanon in 1986 and is still listed as missing.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There continued to be credible reports that the Lebanese Army
in some instances employed torture against the members of the
disbanded Christian militia, the Lebanese Forces (LF).  Army
personnel beat detainees and suspended them by their wrists for
lengthy periods.  The Government has not adequately
investigated those accused of the abuse, nor has it punished
anyone.
The Government made no attempt to investigate reports that
security forces tortured several persons arrested in 1993 and
charged them with contact with the enemy--Israel--and
conspiracy to aid enemy forces.  According to AI, security
forces broke the arm of one suspect, George Haddad, during an
interrogation in 1993.  In January AI expressed concern about
the arrest and reported torture of Samir Nasr in late 1993.
Nasr was charged with dealing with the enemy--Israel--solely on
the basis of a statement extracted under duress.
AI also reported that Hanna Atiq, arrested in the spring for
his suspected involvement in the bombing of a church, was
admitted to a hospital for injuries reportedly sustained while
under interrogation at the Ministry of Defense.
In September the Army's intelligence services arrested several
individuals for their alleged involvement in authoring and
distributing a leaflet opposing Syrian influence in Lebanon.
Ministry of Defense security officers reportedly beat the male
detainees, hung them by their wrists, and beat them on the
testicles during interrogation.  The officers reportedly
stripped two female detainees of their clothing and insulted
them.  During the interrogation, security officials did not
allow the detainees access to their lawyers.  The Government
charged the detainees under Article 295 of the Penal Code
(campaign aimed at weakening the national feeling or inciting
sectarian discord) and Article 125 of the Military Code
(conspiracy aimed at a leader's authority or soldier's
security).  Authorities detained the group for 23 days and then
released them.  No date has been set for trial.
Prison conditions do not meet internationally recognized
minimum standards.  Inmates lack heat, and there are an
insufficient number of showers and toilets.  In September the
Minister of Interior acknowledged publicly that the prisons are
overcrowded, with 50 to 60 prisoners often housed to a cell.
There are as many as 60 children detained in prisons, sharing
the same facilities as adult prisoners.
Abuses also occurred in areas outside the State's authority,
especially in the Palestinian refugee camps.  There were
credible reports that members of the various Palestinian groups
which control the camps detained and tortured their Palestinian
rivals.
     d.  Arbitrary Arrest, Detention, or Exile
The Government resorts to arbitrary arrest and detention.
Although the law requires security forces to obtain arrest
warrants before making arrests, the military prosecutor
reportedly issues blank warrants to be completed after arrest
are made.  Arresting officers are supposed to refer suspects to
a prosecutor within 24 hours of arrest but frequently do not.
The law requires the authorities to release a suspect after 48
hours of arrest if they do not bring formal charges against
him.  Some prosecutors flout this requirement and detain
suspects for long periods in pretrial confinement without a
court order.  The law authorizes a judge to remand a suspect to
incommunicado detention.  There is a system of bail, but felons
are excluded from using it.  Defendants have the right to legal
counsel, but there is no public defender's office for those who
cannot afford a lawyer.
The army continued the practice of arbitrary arrest, detaining
mainly the former members of the dissolved Christian militia,
the Lebanese Forces.  It conducted most of these detentions
after a bomb at a Maronite Christian church in the Al-Zuq
region of Kisriwan killed 12 worshipers and injured many
others.  The Army reportedly detained the former militiamen in
order to carry out their investigation into the bombing.  LF
commander Samir Ja'ja publicly stated that the Christian
community needed to take security measures if the State was
unable to do so.  The Army released most of the detainees after
2 or 3 days.
In April security forces arrested Samir Ja'ja' as a suspect in
the Al-Zuq church bombing--and also in the 1990 murders of Dany
Chamoun, the leader of the Liberal Party, his wife, and two
children.  Defense lawyers maintain that Ja'Ja's detention in
an underground room at the Ministry of Defense violates the law
and that the conditions of detention are degrading and
inhuman.  The Government maintains that it selected the
detention facility to safeguard Ja'ja's life from possible
assassins.
In April Army intelligence officers arrested 12 Lebanese
members of the Iraqi Ba'th Party and transferred some of them
into the custody of Syrian authorities.  Security forces
arrested another Lebanese member of that party, Rafiq Abu
Younes, in September.  By year's end, the Government had not
provided information about his whereabouts.
Security forces also detained persons who opposed the presence
of Syrian forces in Lebanon (see Section 1.c.).
Local militias and non-Lebanese forces continued to conduct
arbitrary arrests in areas outside the central Government's
authority.  The SLA detains at least 200 Lebanese citizens and
an undetermined number of Palestinians at the Al-Khiyam prison
in South Lebanon.  The SLA denies detainees the right to
correspond with family members and prohibits visits by family
members and representatives of the International Committee of
the Red Cross, despite receiving many requests for such visits.
Israel is known to hold several Lebanese citizens, including
Sheikh Abdel Karim Obaid and Mustafa Dirani, who are figures
associated with the Islamic resistance.
Palestinian refugees are subject to arrest, detention, and
harassment by the state security forces, Syrian security
forces, the various militias, and rival Palestinian factions.
In the recent past, the Government resorted in a few cases to
exile as a means of punishment.  In 1991 it pardoned former
army commander and self-proclaimed Prime Minister General
Michel 'Awn and two aides, on condition that they depart the
country and remain in exile for 5 years.  The Government had
accused the three of attempting to usurp the authority of the
State.  They remain in exile.
     e.  Denial of Fair Public Trial
The Lebanese judicial system is composed of the regular
civilian courts; military courts, which try cases involving
military personnel; the Judicial Council, which is a state
security court; and the religious tribunals of the various
denominations which adjudicate disputes involving marriage,
inheritance, and personal status.
The Judicial Council is a permanent tribunal of five senior
judges who adjudicate cases involving threats to state
security.  On the recommendation of the Minister of Justice,
the Cabinet decides whether to try a case before this tribunal.
The judiciary is generally impartial and independent of
executive authority.  However, influential politicians and
Syrian intelligence officers sometimes intervene to protect
their clients from prosecution.
The Ministry of Justice appoints judges according to a formula
based on religious affiliation.  Low salaries have compelled
competent judges to resign from the bench while others have
become susceptible to corruption and bribery.  In 1994 the
Minister of Justice announced the nomination of 42 additional
judges.  The shortage of judges has impeded efforts to
adjudicate cases backloged during the years of internal
conflict.
Trial delays are also caused by the Government's inability to
conduct investigations in areas outside its control.  According
to the Minister of Interior, 600 prisoners are in detention,
some for long periods, awaiting trial.
In refugee camps, Palestinian elements operate an autonomous
and arbitrary system of justice.  The Islamic militia,
Hizballah, operates its own system of justice.  In February it
stated that Islamic law would apply in the areas it controls.
In 1994 Hizballah authorities tried and executed a person
accused of murder.  The Government did not attempt to stop the
execution.  According to Lebanese press reports, Hizballah is
holding in captivity Muhammad Dirani, a cousin of Mustafa
Dirani, an Islamic leader abducted by Israeli commandoes (see
Section l.b.).  Hizballah has reportedly accused Muhammad
Dirani of collaborating with Israel in the abduction.
The legal system is discriminatory in its handling of so-called
crimes of honor.  According to the Penal Code, the male killer
of a wife, sister, or mother may avoid conviction if he can
demonstrate that he committed the crime in response to an
illegitimate sexual relation by the victim.
There are no known political prisoners, although the
authorities often detain without charges political opponents of
the Syrian and Lebanese Governments for short periods.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
While the authorities generally show little interest in
controlling the personal lives of citizens, they are not
reluctant to interfere with the privacy of persons regarded as
foes of the Government.  Laws require that prosecutors must
obtain warrants before entering houses, except when the army is
in hot pursuit of an armed attacker.  Militias and non-Lebanese
forces operating outside areas of central government authority
have frequently violated rights of privacy.  Various factions
and the Government use informer networks and monitor telephones
to gather information on their foes.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
An undetermined number of civilians continue to be killed in
South Lebanon, as Hizballah and its associated Lebanese and
Palestinian militias, on the one hand, and Israeli forces and
the SLA, on the other, engaged in a cycle of violence.  The
former attacked SLA troops deployed on Lebanese soil and in
June conducted a rocket attack on northern Israel.  Israeli
forces conducted repeated air strikes and artillery barrages on
purported guerrilla and terrorist targets inside Lebanon.
On June 2, Israeli helicopters attacked a Hizballah military
training camp east of Ba'albak, killing 26 persons and injuring
40.  In retaliation, Lebanese resistance forces, principally
Hizballah, fired 40 Katyusha rockets at settlements in northern
Israel.  On August 5, an Israeli helicopter raid targeted a
residential building in the township of Dayr al-Zahrani.  Seven
persons were killed and 17 wounded.
From July 25 to August 24, Israeli forces imposed a blockade of
all vehicular traffic into and out of the southern Lebanon
township of Yuhmur, permitting only pedestrian access.
According to international observers, the blockade led to a
shortage of potable water and an outbreak of skin diseases
among the inhabitants.
The Government, and to a much greater extent the SLA and
Hizballah, continue to violate international humanitarian
standards with respect to the treatment of prisoners.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although Lebanon has a long history of freedom of opinion,
speech, and press, in 1994 the Government seriously infringed
these freedoms.  From March to July, it prohibited the
broadcast of news and political commentary by all privately
owned television and radio stations.  The Government imposed
the ban after dissolving the former Christian militia and
political party, the Lebanese Forces, which it accused of
bombing a Maronite church in Al-Zuq in February (see Section
1.d.).  Government supporters argued that the ban was necessary
because, in the aftermath of the bombing, privately owned
broadcasting stations might enflame sectarian tensions.
However, the effect was to stifle temporarily dissent and
Lebanon's tradition of cultural and religious diversity.
The Government rescinded the ban after the Speaker of the
Chamber of Deputies introduced a bill urging the ban's
rescission and calling for a review of the laws on
broadcasting.  In October Parliament passed a new audiovisual
law which most parties consider an adequate safeguard of
freedom of expression.
The Government has several legal tools at its disposal to
control the freedom of expression.  The Surete General, under
Ministry of Interior jurisdiction, is authorized to approve all
foreign magazines and nonperiodical works including books,
plays, and films before they are distributed on the market.  In
1994 the Ministry prohibited the screening of an Egyptian film,
"The Terrorist", a satire on Islamic fundamentalism, after some
Islamic dignitaries voiced complaints.  In July Interior
Ministry authorities prohibited the import of Al-Wasat, a
magazine published in London, because it included an interview
with Ghassan Tuma, a member of the dissolved LF party.  In June
a court sentenced Tuma in absentia to 20 years for conspiracy
to assassinate the President.
Lebanese law prohibits attacks on the dignity of the Head of
State or foreign leaders.  The Government may prosecute
offending journalists and publications in a special court
empowered to try such matters.  In August the Government
prosecuted a pro-Syrian newspaper, Al-Sharq, after it printed
cartoons deemed insulting to the President.  The Government
took another newspaper, Ad-Diyar, to court in September for
"attacking the dignity" of the President.  At year's end, both
newspapers continued to publish, but their cases were pending.
The 1991 security agreement between Lebanon and Syria contains
a provision that effectively prohibits the publication of any
information deemed harmful to the security of either State.
Under the risk of prosecution, Lebanese journalists censor
themselves on matters related to Syria.
In September the Government arrested five persons for posting
wall bills urging a well-known signer to cancel a concert
scheduled to benefit the reconstruction of Beirut.  The posters
urged the cancellation to protest the city's controversial
reconstruction plans.  The Government released them only after
the concert was held, but did not cite them for any wrongdoing.
In 1994 the Parliament approved several amendments to the
restrictive press regulations imposed during the civil war,
such as Law Decree 104 of 1977.  The amendments withdrew the
authority of the Minister of Interior to close a publication by
decree and the authority of the Attorney General, or any court,
to close a publication involved in litigation until a court
renders a verdict.  Other amendments prohibit the pretrial
detention of journalists accused in press crimes and
imprisonment for any crime not specified in the Penal Code.
Lebanon has a strong tradition of academic freedom and a
flourishing private educational system.  The Government does
not usually interfere with professors, curricula, or student
groups.
     b.  Freedom of Peaceful Assembly and Association
Citizens wishing to hold a public rally must obtain approval
from the Ministry of Interior.  The Government does not apply
this law uniformly.  In 1994 the Ministry approved requests for
rallies from some non-Christian political factions, including
the Shi'a Muslim Amal Movement, the mostly Druze Progressive
Socialist Party, the Sunni Muslim group al-Ahbash, and
supporters of the Prime Minister.  The Ministry disapproved
requests from some Christian groups.
In April army troops fired shots in the air to disperse a crowd
gathered at the residence of the Maronite Patriarch to protest
the arrest of the former LF Commander Samir Ja'ja'.  However,
the Government did not interfere with demonstrations and
marches organized by Hizballah.
In general the Government does not interfere with the
establishment of private organizations; however, citizens
require government approval to establish political parties.
However, the army intelligence service monitors the movement
and activities of members of opposition groups.
The Ministry of Interior scrutinizes requests to establish
political parties and to some extent monitors the activities of
all parties.
In 1994 the Government dissolved the Lebanese Forces as a
political party, accusing it of involvement in the Al-Zuq
church bombing.  LF supporters claim the dissolution was
illegal because the LF had not been found guilty of any
wrongdoing.  Nonetheless, the Government has not made similar
moves to dissolve Hizballah or Amal.  Neither Israel nor Syria
allow groups openly hostile to them to operate in areas under
their control.
     c.  Freedom of Religion
The State does not interfere with the practice of religion, the
activities of foreign clergy, or places of worship.  The
Government officially recognizes 17 religions or denominations,
including Christians, Muslims, Druze, and Jews.  Citizens have
the right to convert to another religion, but converts
frequently suffer social ostracism in this religiously
differentiated society.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
In general the Government does not interfere with the foreign
travel of citizens, but obstacles remain.  Travel to Israel is
prohibited by law, but many citizens undertake such travel via
Israeli-controlled territory in South Lebanon.  A woman is
required by law to obtain her husband's or father's permission
for a passport.  There are no legal restrictions on the right
of citizens to return.  Palestinian refugees living in Lebanon
have the right to return after foreign travel.
Lebanese armed forces and Syrian troops maintain checkpoints in
areas under their control.  In South Lebanon, the SLA, Israeli
forces, and the Lebanese Army all maintain tight restrictions
on the movement of people and goods into and out of the
security zone.
After years of internal conflict, the recent spread of
government authority has removed barriers that had previously
hindered domestic travel.  The Government has encouraged the
return to their homes of over 600,000 persons displaced during
the civil war.  Although some people have begun to reclaim
their homes abandoned during the war, the vast majority of
displaced persons have not attempted to reclaim their
property.  The resettlement process is slowed by tight
budgetary constraints, destroyed infrastructure, the lack of
schools and economic opportunities, and the fear that physical
security is still lacking in some parts of the country.
In June the Government issued a decree extending citizenship to
an estimated 120,000 stateless residents excluding Palestinian
refugees.  Some Christian leaders criticized the move as
numerically favoring the Muslim community and contributing to
an imbalance among the country's religions.
LEBANON2
)TITLE: LEBANON HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution states that the people have the right to
change their government in periodic free and fair elections.
However, the 1992 parliamentary election was not prepared or
carried out impartially.  There were widespread reports of
irregularities and vote rigging, and non-Lebanese military
forces exerted considerable influence over the preparation of
lists of candidates, who were consequently assured of victory.
The majority of Christians and many Muslims boycotted the
election as candidates and voters to protest holding the
election before Syrian military forces had been redeployed.
Consequently, the election results did not reflect the full
spectrum of the body politic and cast doubt on the people's
ability to change their government democratically.
According to the Constitution, elections for the Parliament
must be held every 4 years.  The Parliament elects the
President who serves one 6-year term.  The President and
Parliament choose the Cabinet.  According to the unwritten
"National Pact" of 1943, the President is a Maronite Christian,
the Prime Minister a Sunni Muslim, and the Speaker of
Parliament a Shi'a Muslim.  Until 1990, seats in Parliament
were divided on a six-to-five ratio of Christians to Muslims.
Under the national reconciliation agreement reached in Taif in
October 1989, members of Parliament agreed to alter the
National Pact to create a 50-50 balance between Christian and
Muslim members of Parliament.  The Taif Accord also increased
the number of seats in parliament and transferred some powers
from the President to the Prime Minister and Cabinet.
Women have the right to vote, and there are no legal barriers
to participation by women in politics.  Three women were
elected to Parliament in 1992.  Other women hold policy-level
positions in the Government.
Palestinian refugees have no political rights.  An estimated 17
Palestinian factions operate in Lebanon, generally organized
around prominent individuals.  Most Palestinians live in
refugee camps controlled by one or more factions.  The leaders
of the refugees are not elected, nor are there any
democratically organized institutions in the camps.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several human rights groups, including the Foundation for
Humanitarian Rights, the Lebanese Association for Human Rights,
and the Bar Association's Office for Human Rights, operate
freely without government interference.  There were no known
requests by international human rights organizations to visit
Lebanon in 1994.  The SLA has refused to allow the
International Committee of the Red Cross and other
international humanitarian groups to visit the Al-Khiyam prison
in South Lebanon.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Constitution calls for "social justice and equality of
duties and rights among all citizens without prejudice or
favoritism."  In practice, aspects of the law and traditional
mores discriminate against women.  Only males may confer
citizenship on their spouses and children.  In some cases, this
means that children born to Lebanese mothers and stateless
fathers are themselves stateless.
The law stipulates that a woman must obtain her husband's
approval to open a business or engage in trade.  The Parliament
has not yet acted on an amendment introduced to change this
law.  Women may own property but often cede effective control
over it due to cultural reasons.  The law also accords
preferential treatment to males accused of crimes of honor (see
Section 1.e.).
Religious groups have their own family and personal status laws
administered by religious courts.  Each group differs in its
treatment of marriage, family property rights, and
inheritance.  Many of these laws discriminate against women.
For example, Sunni inheritance law gives a son twice the share
of a daughter.  Although Muslim men may divorce easily, Muslim
women may do so only with the concurrence of their husbands.
Women have employment opportunities in government, medicine,
law, academia, the arts, and, to a lesser degree, in business.
Social pressure against women pursuing a career is strong in
some parts of society.  Males sometimes exercise considerable
control over female relatives, restricting their activities
outside the home or contact with friends and relatives.
Violence against women occurs; the press frequently reports
cases of rape.  However, there are no authoritative statistics
on the extent of spousal violence.  Doctors and social workers
believe most abused women do not seek medical help.  The
society's emphasis on personal privacy and honor makes it
difficult for women to seek legal redress.  The Government has
not expressed an interest in the problem of violence against
women nor has it made an effort to combat it.
     Children
The plight of children is a growing concern but the Government
has not allocated funds specifically to protect them.  An
undetermined number of children are neglected, abused,
exploited, and even sold to adoption agents.  There are
hundreds of abandoned children in the streets, begging and
cleaning car windows; others are hired illegally at low wages.
Juvenile delinquency is rising; many delinquents wait in
ordinary prisons for trial and remain there after sentencing.
Limited financial resources have hindered efforts to build
adequate facilities to rehabilitate delinquents.
     National/Racial/Ethnic Minorities
According to the United Nations, an estimated 250,000
Palestinian refugees live in Lebanon.  The Government ended its
practice of denying work permits to Palestinians in 1991.
Nonetheless, Palestinians still encounter job discrimination.
Palestinians and other aliens may own land of a limited size
and only after obtaining the approval of five district
offices.  The law applies to all aliens, but for political,
cultural, and economic reasons it is applied in a manner
disadvantageous to the Palestinians and, to a lesser extent,
Kurds.
     Religious Minorities
Discrimination based on religion is built into the system of
government.  The amended Constitution of 1990 embraces the
principle of abolishing religious affiliation as a criterion
for filling all government positions, but no steps have been
taken to accomplish this.
     People with Disabilities
Over 100,000 people have sustained disabilities during the
civil war.  The care for the disabled is generally a function
performed by families.  Most efforts to secure education,
independence, health, and shelter for the disabled are made by
some 100 private organizations for the handicapped.  In
general, these organizations are poorly funded.
Lebanon's heavily damaged cities make no accommodation for the
disabled.  Building codes have no requirements for ease of
access.
Section 6  Worker Rights
     a.  The Right of Association
All workers, except government employees, may establish and
join unions and have a legal right to strike.  Workers have the
right to elect their union leaders by secret ballot.  About
600,000 workers are organized in 160 labor unions and
associations.  Twenty-three unions, with about 250,000 workers,
are affiliated with the General Confederation of Workers
(CGTL).  In January the CGTL split and a second union group was
formed--the Federation of Sectoral Syndicates.  Unions are free
to affiliate with international organizations.
In general the Government does not control or restrict unions,
although some union leaders allege that the Government has
tried to intervene in elections in favor of certain union
officials.
Palestinian refugees may organize their own unions, but few do
so because of continued restrictions on their right to work.
Unions exercised their right to strike on numerous occasions.
Laws prohibit retribution against strikers and there were no
known instances of such retribution during the year.
     b.  The Right to Organize and Bargain Collectively
The right of workers to organize and bargain exists in law and
practice.  Most workers' groups engage in some form of
collective bargaining with their employers.  Stronger unions
are able to obtain significant gains for their members; weaker
unions rely on the mediation of the CGTL.  There is no
government mechanism to promote voluntary labor-management
negotiations.  Workers have no statutory protection against
antiunion discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Although forced labor is not prohibited by law, the Government
does not condone it.  However, employers sometimes force some
categories of foreign workers, especially those working as
domestic servants, to remain in situations amounting to coerced
labor.
     d.  Minimum Age for Employment of Children
The 1946 Labor Code stipulates that workers between the ages of
8 and 16 may not work more than 7 hours a day, or between 7
p.m. and 6 a.m.  The Code also prohibits children from engaging
in certain types of mechanical work.  There is a general
prohibition against "jobs out of proportion with a worker's
age."  The Labor Ministry is tasked with enforcing these
requirements, but it has few resources and a demoralized and
sometimes corrupt staff.  The Ministry does not rigorously
apply the law.
     e.  Acceptable Conditions of Work
The Labor Ministry sets the legal monthly minimum wage at $117
(197,000 Lebanese pounds), but does not enforce it in the
private sector.  The minimum wage is not sufficient to support
a worker and his or her family.  Many workers hold more than
one job.
The labor law prescribes a standard 6-day workweek of 48 hours,
with a 24-hour rest period per week.  In practice, workers in
the industrial sector work an average of 35 hours a week, and
workers in other sectors of the economy work an average of 30
hours a week.  The law includes specific occupational health
and safety regulations.  Labor regulations call on employers to
take adequate precautions for employee safety.  The Ministry of
Labor has been lax in enforcement.  There is no law or policy
giving workers the right to remove themselves from hazardous
conditions.
LESOTHO1
aTITLE:  LESOTHO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            LESOTHO
Lesotho is a constitutional monarchy.  For most of the year,
Prime Minister Ntsu Mokhele and his Basotholand Congress Party
(BCP), which won all 65 seats in the lower house of Parliament
in the 1993 elections, controlled the Government and the
legislature.  After holding open several appointive Senate
seats for the opposition Basotho National Party (BNP), the BCP
Government finally filled the vacancies in early 1994 with BCP
members, further exacerbating BCP-BNP tensions.  Following
serious fighting within the military early in the year, King
Letsie III touched off a constitutional crisis by suspending
Parliament and parts of the Constitution and ruled by decree
during August and September.
Although the King has no executive authority under the 1993
Constitution, he justified the suspension of Parliament by
alleging that the BCP-led Government had ignored several
constitutional provisions.  The King demanded the return of his
father to the throne, former King Moshoeshoe II, who had been
deposed by the previous military government and exiled in
1990.  Under national and international pressure, the King and
political leaders reached an agreement in September to restore
the Constitution and reinstate the BCP Government, with the
Government committing itself to address speedily the royal
family's insistence that King Moshoeshoe II return.  At year's
end, the BCP Government struggled to bridge the political
divisions and constitutional weaknesses highlighted by the
palace coup.
The Lesotho Defense Force (LDF) is responsible for internal and
border security, assisted by the Lesotho Mounted Police (LMP).
While the LDF is nominally responsible to the Defense Minister
and the LMP to the Home Affairs Minister, both services'
actions and policies are under the ultimate control of the
Defense Commission, which is independent of Parliament.  In
January the LDF split into factions that battled one another
across Maseru, causing several civilian casualties.  In April
LDF soldiers briefly held hostage several government ministers
and killed the Deputy Prime Minister.  In May the LMP went on
strike over pay demands and in some cases encouraged looting of
unprotected businesses.  Both the LDF and the LMP supported
King Letsie's August coup, and the security forces shot and
killed demonstrators and reportedly perpetrated acts of torture
and other human rights abuses during the month-long
constitutional suspension.
A land-locked country surrounded by South Africa, Lesotho is
almost entirely dependent on its sole neighbor for trade,
finance, employment, and access to the outside world.  A large
proportion of the adult male work force is employed in South
African mines.  Miners' remittances play a substantial role in
Lesotho's balance of payments, accounting for around 40 percent
of gross national product in 1994.  State-owned organizations
predominate in the agroindustrial and agribusiness sectors, but
private sector activity dominates in manufacturing and
construction.  Under Lesotho's traditional chieftainship
structure, land is controlled by the chiefs and owned by the
Kingdom, precluding private ownership of land.
Throughout the year, security forces and political activists
committed serious human rights abuses.  Against a backdrop of
sustained political tension, there were serious lapses in both
LDF and LMP discipline and professionalism.  Military and
police personnel engaged in extrajudicial killings, arbitrary
arrest and detention of persons, and torture and physically
abuse of senior government officials and many others.  As a
result of complex political circumstances, the weakened BCP
Government took no action to curb military and police brutality
or to punish the offenders.  The Government acknowledged that a
number of preexisting laws were inconsistent with human rights
provisions of the new Constitution but did not act to repeal
the laws.  For example, the legal provisions that allowed for
lengthy detentions without trial continued in force.  Women's
rights continued to be severely restricted, and violence
against women remained widespread.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Security forces committed a number of political and
extrajudicial killings of civilians through factional battles,
several mutinous actions, or in efforts to oust the elected
Government.  In April LDF soldiers killed Deputy Prime Minister
Selometsi Baholo during an apparent kidnaping attempt, and in
early January, three soldiers were killed and at least eight
civilians wounded in fighting between LDF factions in the
capital.  In December police allegedly beat to death a senior
figure of the now-disbanded Lesotho Liberation Army, the armed
wing of the BCP, while under arrest for suspected criminal
activities.
In August the security forces, who supported the King, fired
into large demonstrations by supporters of the BCP Government,
killing five persons outside Maseru's royal palace gates.  LDF
and LMP forces killed another five persons during celebrations
of the impending Government's reinstatement, held in violation
of a dusk-to-dawn curfew.  Police also killed at least one BCP
protester in southern Lesotho during a march against BNP
opposition politicians.
The authorities did not investigate or prosecute any law
enforcement officials in 1994 for any extrajudicial or summary
killing.  They also failed to investigate the many reports of
police brutality, including pre-1994 reports of deaths in
police custody of a number of unionists and criminal suspects.
     b.  Disappearance
There were no reports of politically related disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There continued to be credible reports of police brutality,
including beatings of detainees in 1994.  Police tortured one
Member of Parliament by continuously pouring water on him
during extended detention after he led a progovernment march
during the August coup.  There were numerous credible reports
of random security force brutality against curfew violators
during August and September, usually in the form of beatings.
In general, prison facilities in Lesotho are overcrowded and in
disrepair, but do not threaten the health or lives of inmates.
Conditions are not monitored independently.  Rape is not a
significant problem in prisons.
     d.  Arbitrary Arrest, Detention, or Exile
During the April and May mutinies, LDF and LMP members
arbitrarily arrested and detained cabinet members and other
senior government officials.  They arrested dozens of striking
workers at various textile factories and construction sites.
In general, pretrial detainees constitute a significant portion
of total prison population; up to one-half, in some locations.
Because of backlogs, pretrial remand can last several years.
Persons detained or arrested in criminal cases, and defendants
in civil cases, have the right to legal counsel.  The 1981
Criminal Procedures and Evidence Act, as amended in 1984, makes
provision for the granting of bail.  Bail is granted regularly
and generally fairly.
Although the Government acknowledged that the Internal Security
(General) Act (ISA) of 1984 is partly inconsistent with human
rights provisions in the new Constitution, the ISA remains in
force.  The Act provides for so-called investigative detention
without charge or trial in political cases for up to 42 days
(the first 14 days on order of the police; the second 14 days
on order of the police commissioner; and the final 14 days on
order of the Minister of Defense--a portfolio now held by the
Prime Minister).  A political case involves "subversion," a
term loosely defined in the ISA to include "any act or thing
prejudicial to public order, the security of Lesotho, or the
administration of justice."  The Act also allows for detention
of witnesses in security cases and permits the Minister of
Defense to "restrict" a person who, in the opinion of the
police commissioner, is conducting himself in a manner
prejudicial to public order, security, or the administration of
justice.
There were no known restrictions or detentions under the Act in
1994; legal professionals held that any such attempt to detain
persons would promptly be declared unconstitutional by the High
Court.  There were no known political detainees at year's end.
     e.  Denial of Fair Public Trial
The judiciary consists of the Court of Appeal (which meets
semiannually), the High Court, magistrate's courts, and
customary or traditional courts, which exist largely in rural
areas to administer customary law.  The High Court Chief
Justice's decision in August to swear in a provisional ruling
council after King Letsie's coup, in defiance of the
Constitution, raised new questions about the independence of
the judiciary.  In particular, magistrates appear susceptible
to governmental or chieftainship influence.  Accused persons
have and use the right to counsel and public trial.  The
authorities generally respect court decisions and rulings.
There is no trial by jury.  Criminal trials are normally
adjudicated by a single High Court judge who presides, with two
assessors serving in an advisory capacity.  In civil cases,
judges normally hear cases alone.  The High Court also provides
procedural and substantive advice and guidance on matters of
legal procedure to military tribunals; however, it does not
participate in arriving at judgments.  Military tribunals have
jurisdiction only over military cases, and their decisions may
not be appealed.
There were no trials for political offenses in 1994.  There are
no known political prisoners.  Lesotho's law and custom
severely limit the rights of women (see Section 5), but court
treatment of women is not known to be discriminatory in itself.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although search warrants are usually required under normal
circumstances, the ISA provides police with wide powers to stop
and search persons and vehicles and to enter homes and other
places for similar purposes without a warrant.  After the May
LMP mutiny, police officers entered without warrant dozens of
residences in the Maseru neighborhoods of Sea Point and
Matimposo, allegedly seeking looted property.  The security
services are believed to monitor routinely telephone
conversations of Basotho and foreigners on national security
grounds.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for these rights, which are generally
respected in practice.  However, the King suspended the
Constitution during the August-September palace coup, and
security force personnel censored the official media outlets to
reflect antigovernment positions.  Under the elected
Government, the official media, which consist of one radio
station, a 1-hour daily newscast on a local television channel,
and two weekly newspapers, faithfully reflect official
positions.
The independent newspapers, including one each controlled by
the Roman Catholic and Lesotho Evangelical churches, and two
English-language weeklies, routinely criticized the
Government.  Independent newspapers covered coup events, but
security forces intimidated some journalists into practicing
self-censorship during this period.
Academic freedom is generally respected.  Students staged
political meetings on the National University campus in
response to the palace coup.  However, the university
Vice-Chancellor warned the teaching staff that openly political
activities were incompatible with their civil service status.
     b.  Freedom of Peaceful Assembly and Association
Under a mid-1993 revision of the ISA, a public meeting, rally,
or march no longer requires prior police permission, only
advance notification.  However, police or local authorities
repeatedly interfered with this right.
In August after the palace coup, LDF and LMP forces killed and
wounded several demonstrators when they dispersed a large crowd
of peaceful progovernment protestors.  Police also used
excessive force to enforce the curfew instituted between
August and September (see also Section 1.a.).
In addition to the BCP and the BNP, there are several smaller
political parties.  Political party meetings and rallies
occurred regularly throughout Lesotho in 1994.  There are no
restrictions on political parties.
     c.  Freedom of Religion
There is no state religion, and all faiths may worship free of
government restriction.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens generally are able to move freely within the country
and across national boundaries.  The Government places no
obstacles in the way of citizens who wish to emigrate.
As of late 1994, the Government had allowed about 25 refugees
to register with the United Nations High Commissioner for
Refugees (UNHCR) to study in Lesotho.  They were expected to
return to their countries of first asylum after completing
their studies.  Other than these students, Lesotho has no
resident refugee population.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
After the first multiparty democratic elections in over 20
years in 1993, the elected BCP Government was forced to contend
with its first serious threat to power.  The August coup,
instigated by King Letsie III, inspired many Basotho to
demonstrate their support for the democractically elected BCP
Government.  Organized labor and others held two national
"stayaways" to demonstrate support for the ousted Government,
and there were numerous rallies at the National University.  As
a result of both local and international pressure, in
September, the King reversed the coup and the BCP regained
control of the Government.  An agreement between the King and
Prime Minister Mokhehle, brokered by South Africa, Botswana,
and Zimbabwe, called for the reinstatement of ex-King
Moshoeshoe II, Letsie's father, in addition to steps to broaden
Lesotho's political process.  By December both houses of
Parliament had passed a bill to return Moshoeshoe to the
throne, and the Government was expected to act early in 1995 to
arrange his return.
The King's suspension of the Constitution, although
short-lived, highlighted the fragility of constitutional rule
in Lesotho.  Opposition politicians who supported the palace
coup called for new elections, but at year's end the Government
indicated it had no plans to call elections prior to 1998.
There are no legal impediments to women's participation in
government or politics, but women remained underrepresented in
politics.  There is one woman in the Cabinet, as Minister of
Health and Social Welfare.  There are 2 other female members of
the Assembly (out of a total of 65), and 7 women (of 33) in the
Senate.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Neither the Government nor the briefly installed palace regime
hindered the activities of various nongovernmental human rights
groups.  These groups freely criticized the Government and the
coup regime.  The Government's attitude toward international
human rights groups is untested, as Lesotho has not been
visited during this Government's tenure.  However, there is no
reason to believe the Government would be hostile to or oppose
such a visit.
Section 5  Discrimination Based on Race, Sex, Religion,
           Language, Disability, or Social Status
The 1993 Constitution prohibits discrimination based on race,
color, sex, language, religion, political or other opinion,
national or social origin, birth or other status.
     Women
Both law and custom severely limit the rights of women in such
areas as property, inheritance, and contracts.  Women have the
legal and customary right to make a will and sue for divorce.
However, under Lesotho's customary law, a married woman is
considered a minor during the lifetime of her husband; she
cannot enter into any legally binding contract, whether for
employment, commerce, or education, without her husband's
consent.  A woman married under customary law has no standing
in court and may not sue or be sued without her husband's
permission.  The Government has not addressed the issue of
women's rights.
Domestic violence, including wife beating, occurs frequently.
Statistics are not available, but the problem is believed
widespread.  In Basotho tradition a wife may return to her
"maiden home" if physically abused by her husband; in common
law, wife beating is a criminal offense and defined as
assault.  Few domestic violence cases are brought to trial.
Women's rights organizations, such as the local chapter of the
International Federation of Women Lawyers, have taken a leading
role in educating Basotho women as to their rights under
customary and common law, highlighting the importance of women
fully participating in the democratic process.
     Children
The Government has not addressed directly children's rights and
welfare, although it has devoted substantial resources to
primary and secondary education.  There is no pattern of
societal abuse against children, but many children are working
at a young age (see Section 6.d.).
     National/Racial/Ethnic Minorities
Most citizens speak a common language and share common
historical and cultural traditions.  Small numbers of Asians
(primarily ethnic Chinese and Indians) and South African whites
are active in the country's commercial life.  Economic and
racial tension between the Chinese business community,
specifically textile and garment industry employers, and the
Basotho remained a problem.
     People with Disabilities
The Government has not legislated or mandated accessibility to
public buildings for the handicapped.
Discrimination against physically disabled persons in
employment, education, or provision of other government
services is unlawful.  However, societal discrimination is
commonplace.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the legal right to join or form unions without
prior government authorization.  A large percentage of
Lesotho's male labor force works in South African gold and coal
mines.  The remainder are primarily engaged in traditional
agriculture.  There is a small public and industrial sector.  A
majority of Basotho mineworkers are members of the South
African National Union of Mineworkers (NUM).  However, as a
foreign organization, the NUM is not permitted to engage in
union activities in Lesotho.
Under the 1993 Labor Code, prepared with the assistance of the
International Labor Organization (ILO), all trade union
federations require government registration.  Lesotho's
previously existing trade union federations, the Lesotho Labor
Congress and the Congress of Democratic Unions, attempted to
merge but split again in 1994, to form the Lesotho Trade Union
Congress (LTUC) and the Lesotho Federation of Democratic Unions
(LFDU).  The Government registered neither federation but made
no attempt to inhibit either federation's activities.  Unions
are not tied to political parties.
Overall, unionized workers represent only about 10 percent of
the total work force.  After the Government granted substantial
wage and benefit concessions to the LDF and LMP in June, 1994,
labor movement militancy increased.  There were dozens of
strikes in the textile, garment, and construction sectors.  The
Government did not stop security forces from occasionally
violently suppressing workers participating in wildcat strikes,
including by tear gas, beatings, and detentions.
Procedures for settling disputes are lengthy and cumbersome,
and no legally sanctioned strike has ever occurred in Lesotho
since independence in 1966.  The Government recognized none of
the dozens of strikes in 1994 as "legal."  Legal protection for
strikers against retribution has not been enforced in cases of
illegal strikes; employers dismissed several hundred workers in
the textile industry following wildcat strikes, and the
Government maintained it could not oblige their employers to
reinstate them.
There were no instances in 1994 of governmental restrictions on
international affiliations of contacts by unions or their
members.
     b.  The Right to Organize and Bargain Collectively
All legally recognized trade unions in Lesotho in principle
enjoy the right in law to organize and bargain collectively,
but in practice the authorities often restrict these rights.
Although there was some bargaining between unions and employers
to set wage and benefit rates, employers generally continued to
set wage rates through unilateral action.
Lesotho has several industrial zones, in which mostly textile
and apparel firms engage in manufacturing for export.  All
national labor laws apply in these industrial zones, but
officials of the Lesotho Amalgamated Clothing Textile Workers
Union charge that the Government colludes with employers to
inhibit union organizational activities in the workplace.
     c.  Prohibition of Forced or Compulsory Labor
The 1987 Employment Act prohibits forced or compulsory labor,
and there is no indication that such labor is practiced.
     d.  Minimum Age for Employment of Children
The legal minimum age for employment in commercial or
industrial enterprises is 14.  In practice, however, children
under 14 are often employed in the textile and garment sector
and in family owned businesses.  As much as 15 percent of the
textile work force of some 12,000-15,000 may be children
between the ages of 12 and 15, according to a 1994 U.S.
Department of Labor study.  There are prohibitions against the
employment of minors in commercial, industrial, or nonfamily
enterprises involving hazardous or dangerous working
conditions, but enforcement is very lax.  The Ministry of Labor
and Employment's inspectorate is grossly understaffed.  Basotho
under 18 years of age may not be recruited for employment
outside of Lesotho.  In Lesotho's traditional society, rigorous
working conditions for the country's young "herdboys" are
considered a prerequisite to manhood and a fundamental feature
of Basotho culture beyond the reach of labor laws.
     e.  Acceptable Conditions of Work
Wages are low despite the Government's April decision to raise
statutory minimum wages for various types of work.  Monthly
minimum wages in the established categories range from the
equivalent of $83 (294 Maloti) for an unskilled laborer to $161
(565 Maloti) for a heavy vehicle driver.  At the low end,
minimum wages are insufficient to ensure a minimum decent
standard of living for a worker and family.  Most wage earners
supplement their income through subsistence agriculture or
remittances from relatives employed in South Africa.  Many
employers in Lesotho now pay more than minimum wages in an
effort to attract and retain motivated employees.
The 1993 Labor Code spells out basic worker rights, including a
45-hour workweek, a weekly rest period of at least 24 hours, 12
days' paid leave per year, and paid public holidays.  The Code
requires employers to provide adequate light, ventilation, and
sanitary facilities for employees, and to install and maintain
machinery to minimize the risk of injury.  In practice,
employers generally follow these regulations only within the
wage economy, in urban areas, and the Ministry of Labor and
Employment enforces the regulations haphazardly.  The Labor
Code does not explicitly protect the right of workers to remove
themselves from hazardous situations without prejudice to
employment.  But Labor Code sections on safety in the
workplace, and dismissal, imply that dismissal in such
circumstances would not be legal.
LIBERIA1
rTITLE:  LIBERIA HUMAN RIGHTS REPORT, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            LIBERIA
In 1994 Liberia remained a country increasingly divided
factionally and geographically, even though warring factions
did conclude an agreement in late December on ending the
country's civil war.  The Liberian National Transitional
Government (LNTG) was seated after much delay in March as the
successor to the Interim Government of National Unity (IGNU),
which along with the National Patriotic Front of Liberia (NPFL)
and the United Liberation Movement for Democracy in Liberia
(ULIMO) signed the July 1993 Cotonou Peace Agreement under the
aegis of the Economic Community of West African States
(ECOWAS), the United Nations, and the Organization of African
Unity.  The Cotonou Accord did not, however, resolve the basic
factional differences over political power or lead to the
projected demobilization of the warring factions, or to planned
free elections.  In fact, the three groups that signed the
Accord mushroomed to seven competing political-military groups
which renewed factional fighting, thereby preventing the LNTG
from extending its authority outside greater Monrovia and the
corridor to Buchanan (see Sections 1.g. and 3).  Throughout
much of the year, the shifting factional military action served
to keep Charles Taylor's NPFL forces, which almost captured
Monrovia in late 1992, on the defensive.
In the confusing Liberian mosaic of political/military forces,
an eighth group, composed of civilian political parties and
other interest groups, convened a National Conference in August
to pressure the armed factions to disarm and implement other
Cotonou Accord provisions.  The Conference strongly opposed a
new agreement reached on September 12 in Akosombo, Ghana, by
the Cotonou signatories, including the Armed Forces of Liberia
(AFL) replacing the dissolved IGNU, under the auspices of
ECOWAS Chairman Ghanaian President Jerry Rawlings.  The
Conference participants insisted that the new accord
excessively favored warring-faction interests.  While fighting
raged in Liberia between followers of the faction leaders
meeting in Ghana, Rawlings continued to consult with the
various Liberian parties, including the National Conference.
Their leaders signed the Akosombo Clarification Agreement
(three parties) and the Agreement of Acceptance and Accession
(five parties, including the National Conference) on December
21 in Accra.  The Accra Accords provided for a cease-fire on
December 28 and established a 5-member ruling council to be
inaugurated in early 1995 to govern the country, including
conduct the November 1995 elections, until an elected
government takes over in January 1996.
The key military force supporting the LNTG remained the ECOWAS
Cease-Fire Monitoring Group (ECOMOG).  At year's end, ECOMOG
was composed of 6,000-8,000 troops--down from 12,000 in
July--from six West African and two East African countries,
although over half of the force was Nigerian.  Initially a
peacekeeping force, ECOMOG increasingly became the interim
Government's de facto army and, in addition, assumed many
police powers within the Monrovia perimeter.  ECOMOG was
effective in its military role in maintaining relative calm
within the Monrovia-Buchanan perimeter and for promptly putting
down a September 15 coup attempt by a general from the Armed
Forces of Liberia (AFL), who deserted in 1990, and dissident
AFL supporters.  Some ECOMOG soldiers have, however, also
earned an unenviable reputation for a variety of illegal
activities.  ECOMOG reassigned several officers who were
believed by outside observers to be engaged in activities
detrimental to the peace process.  Despite continuing criticism
of ECOMOG behavior by human rights monitors, the majority of
ECOMOG forces conducted themselves well during the year.
The civil war-ravaged economy, previously based primarily on
iron ore, rubber, timber, diamond, and gold exports, remained
stagnant.  Continued disruption of economic activity, 80 to 90
percent unemployment across all sectors except government,
massive displacements of civilians, wanton destruction, and
looting have all devastated the productive capacity of Liberia
despite its rich natural endowments and potential
self-sufficiency in agriculture.  Massive emergency operations
by the United Nations, as well as by American and other
Western-based relief agencies and nongovernmental organizations
(NGO's) continued throughout the year in ECOMOG-controlled
areas.  However, they were periodically suspended in other
parts of the country because of fighting, harassment, and
detention of relief personnel; looting of relief agency
supplies and vehicles; and occasional seemingly arbitrary
security restrictions imposed by ECOMOG.
The number of human rights abuses unquestionably rose with the
increased level of conflict across the country, including the
massacre of over 65 civilians by inconclusively identified
attackers in a Monrovia suburb on December 15.  There were many
credible charges that all factions flagrantly disregarded
fundamental humanitarian values.  Human rights monitors also
criticized ECOMOG for incidents of human rights abuse.  Since
1989, when Liberia's population was recorded at 2.4 million, an
estimated 300,000 persons, most of them civilians, have been
killed or wounded as a result of the conflict, and close to
800,000 have taken refuge in neighboring countries.  An
estimated 1.1 million people have been displaced within Liberia
since the war began.  Approximately 130,000 Sierra Leonean
refugees were also displaced repeatedly throughout the year,
some landing finally within the safe haven of Monrovia.  In all
combat arenas, fleeing displaced persons reported villages
looted and burned; use of excessive force; arbitrary
detentions; impressment, particularly of children under the age
of 18 into the NPFL and ULIMO-Mandingo forces; torture;
individual and gang rape; summary executions; mutilations and
cannibalism.  In the absence of progress on disarmament and
demobilization, the U.N. Observer Mission in Liberia (UNOMIL)
began drawing down its 443-member staff in August.  The
fighting and looting became so ferocious in September that all
humanitarian assistance outside the Tubmanburg-Monrovia-
Buchanan perimeter was halted, although several NGO's resumed
modest food deliveries into the interior in November and
December.  No progress was made in resolving outstanding
incidents of past human rights abuses.
Although obeisance was paid to the 1985 Constitution, the Penal
Code, and the Labor Code, because of the violent conditions
obtaining up country and the overcrowding and destitute
conditions for a large percentage of people living in and near
Monrovia, the rights provided by these documents were largely
moot.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Indiscriminate killings increased sharply from the previous
year.  Although professing adherence to the rule of law, the
leaders of the warring factions condoned and, in some
instances, seemingly encouraged the murderous savagery that
affected the civilian population more than the combatants (see
Section 1.g.).  Despite claims to be the national army, the AFL
acted as a warring faction, and AFL troops frequently engaged
in a variety of human rights abuses, including alleged
extrajudicial killings.
Individual ECOMOG soldiers, serving a dual role as peacekeepers
and peace enforcers, committed several extrajudicial killings,
such as the shooting death of a university professor on
November 1 for running a checkpoint.  The soldier was awaiting
trial at year's end.  In another case, ECOMOG court-martialed a
soldier for killing a civilian and reportedly executed him.  In
contrast to the leaders of the warring factions, the ECOMOG
high command was committed to bringing soldiers involved in
crimes against civilians to justice.  There were no reports of
ECOMOG soldiers committing political killings.
On March 21, a Turkish citizen convicted of murder reportedly
died of starvation in the Monrovia central prison.  There was a
cursory investigation undertaken by the LNTG's National
Security Agency, but the authorities took no action to punish
those responsible for the prisoner's death.  Inmates credibly
accused the guards of stealing the food provided for prisoners.
In the many killings committed by the warring factions, it was
often impossible to sort out whether they were politically
motivated or driven by tribal hatred.  However, the savage
killing of a judge of Lofa County in January by the
ULIMO-Mandingo faction appeared to have clear political intent
(see Section 1.g.).  There were also unconfirmed but credible
reports of Muslim ULIMO-Mandingo fighters executing civilians
in Lofa County for religious and ethnic reasons (see Section 5).
There were no reports that factions punished fighters for
politically motivated killings, but combatants of all factions
were routinely executed for offenses in the eyes of their
commanders, as in the case of Nixon Gaye, field commander of
the largest NPFL unit.  He was shot August 27 in his reported
mutiny attempt against Charles Taylor and died of his injuries
along with an unreported number of his supporters.  Dissident
NPFL cabinet ministers claimed Gaye was tortured to death after
being wounded.  Charles Taylor admitted on December 23 ordering
the executions of several of his senior military commanders
because of alleged connivance in the September loss of Gbarnga.
     b.  Disappearance
In the area under LNTG/ECOMOG control, there were no known
disappearances.  NPFL and ULIMO-Mandingo forces were
responsible for many unexplained disappearances, notably by
impressment of children (see Sections 5 and 6.d.).  Many
families remained divided among those living in Monrovia, those
located in other parts of Liberia, and those who fled the
country and have not yet returned.  The International Committee
of the Red Cross (ICRC) has a family tracing program but,
because of the inaccessibility of major sectors of the country
throughout the year, located only a small percentage of the
missing persons brought to its attention.  In the wake of
fighting in Bong and Maryland counties in September and
October, a new wave of approximately 200,000 refugees flooded
into Guinea and Cote d'Ivoire.  Many of these refugees were
unable to contact family members.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
While the 1985 Constitution prohibits torture and other
degrading treatment, inhuman treatment continued to be
frequent.  In the greater Monrovia area under ECOMOG control,
with a better educated populace, a freer press, the presence of
national and international human rights and humanitarian aid
groups, there were fewer reports of torture than in the past
(see Section 1.d.).  Although the Supreme Court ruled that
"trial by ordeal" or "sassywood"--commonly, the placement of a
hot metal object on a suspect's body to induce confession in a
criminal investigation--is unconstitutional, the Ministry of
Internal Affairs continued to employ licensed agents who
subjected suspects to this practice.  A leading Monrovia-based
human rights group brought suit in March seeking compensatory
damages for injuries sustained by victims of the continuing
practice of sassywood.  Tribal courts, which use this
traditional mode of justice, did not function because of the
disruptions of the civil war.
Eyewitnesses report that ECOMOG soldiers beat and humiliated
persons at ECOMOG checkpoints in Monrovia, often for curfew
violations.  After ECOMOG detained prominent businessman and
Unity Party stalwart Peter Bonner Jallah in November 1992 for
allegedly abetting the NPFL surprise attack against Monrovia,
it released him in May.  Jallah credibly claimed that ECOMOG
and the preceding government's intelligence officers had beaten
him in the head with a gun butt, administered electrical
charges to his body, burned him about the genitals with
gasoline, and handcuffed him so tightly that he now suffers
nerve damage in his hands (see Section 1.d.).
NPFL fighters stripped, beat, and tortured civilians at
numerous highway checkpoints in NPFL areas, usually in
connection with extortion or other forms of intimidation.  The
NPFL reportedly detained and tortured two traditional chiefs
who went to NPFL headquarters in Gbarnga in August to convince
Charles Taylor to send representatives to the National
Conference in Monrovia.
Roving bands of ULIMO-Krahn and ULIMO-Mandingo fighters raided
villages in Cape Mount and Bomi counties, pillaging, beating,
raping, and murdering civilians as they went.  There are
similar documented reports of primarily Liberian Peace Council
(LPC) depredations in the southeastern counties.  On June 28,
ULIMO-Krahn fighters attacked the UNOMIL regional headquarters
in Tubmanburg, beat and tortured six U.N. observers, and
completely looted the headquarters.
All warring factions regularly committed various forms of
torture and mistreatment of civilians, including individual and
gang rape and other violence against women.
Conditions in government jails continued to be
life-threatening.  Officials frequently denied prisoners
medical care, family contacts, and adequate food; cells
remained small, crowded, and filthy.  Female prisoners were
held in separate cells in the central prison, but there were no
separate facilities for juvenile offenders.  In 1994, however,
the LNTG and ECOMOG regularly granted human rights groups
access to prisoners in Monrovia, and these groups frequently
obtained needed medical treatment for their clients.  In a
number of cases, the pro bono work of human rights groups and
interested individuals resulted in the release of prisoners,
especially those whose cases were pending "further examination."
The conditions of detention outside Monrovia were even worse.
When detained, prisoners were held in makeshift, substandard
facilities and subjected to various forms of mistreatment, both
physical and psychological--including beatings, rape, and
threatened executions.  More often, however, displaced persons
reported that "authorities" either let prisoners go or shot
them on the spot.
     d.  Arbitrary Arrest, Detention, or Exile
The 1985 Constitution prohibits arbitrary arrest and provides
for the rights of the accused, including warrants for arrests
and the right of detainees either to be charged or released
within 48 hours.  In practice, police officers often
disregarded these rights and made arbitrary arrests.  Many
police officers accepted bribes to arrest persons based on
unsubstantiated allegations.  At times they failed to inform
detainees of the charges against them, and often charges went
unrecorded.  The LNTG Ministry of Justice moved to protect
citizens' rights by issuing new procedural guidelines to the
Bureau of Corrections, limiting the persons authorized to
commit suspects to jail, and filing writs of dismissal for
detainees who were not processed correctly.
ECOMOG soldiers played the major role in policing the greater
Monrovia area, and citizens continued to turn to ECOMOG
soldiers rather than the unarmed police force to arrest and
detain alleged criminals.  Detentions by ECOMOG peacekeepers
frequently did not satisfy internationally recognized
standards, and there were unconfirmed reports that ECOMOG
coerced confessions from suspects.  ECOMOG did, however,
regularly allow NGO's access to prisoners in its various
detention centers.  As a result of politician Peter Bonner
Jallah's 18-month detention without charge, the Center for Law
and Human Rights Education filed a writ with the Supreme Court
calling for a definition of ECOMOG's arrest and detention
powers.  In its controversial September decision, the Supreme
Court stated that ECOMOG "as a peacekeeping force has no legal
right to arrest and detain any citizen."  Toward year's end,
ECOMOG and various Liberian security and law enforcement
agencies established a "joint task force" intended to
appropriately apportion responsibilities and overall security
duties.
Although the AFL claims to be the national army,
ill-disciplined AFL troops frequently committed some of the
most serious human rights abuses (see Sections 1.a. and 1.g.).
For example, on June 24, AFL soldiers entered the UNOMIL
Demobilization Center at Schiefflin and detained the staff for
3 days after which they looted the Center.  On September 15,
under the direction of a U.S.-domiciled former AFL general,
some AFL soldiers attempted a coup against the Government,
seizing the executive mansion.  ECOMOG forces swiftly put down
the attempted coup and captured leader Charles Julue, 78 AFL
supporters, and 5 civilians.  After a 3-week probe, ECOMOG
released 40 soldiers and detained 38 for court-martial.  It
turned the five civilians over to the civilian judiciary.  The
trial of the five began on October 14 but was suspended as of
year's end because of procedural and security issues.  The AFL
court-martial of Julue, three other generals, and others began
on November 16 but suffered repeated delays due to security
concerns caused by dissident AFL soldiers.
While accurate arrest information was unavailable, charged and
uncharged pretrial detainees in the Monrovia area formed a
sizable portion of the total incarcerated population.  Human
rights groups reported that approximately one-third to one-half
of the prisoners (average 75) at any given moment at the
Monrovia central prison compound had not been tried.  Modest
reforms within the court system, such as limiting the time
frame for argument, reduced somewhat the backlog of judicial
cases.  Except for the September coup suspects, there were no
known political/security detainees in the Monrovia area under
LNTG jurisdiction, but it was impossible to determine the
number of such detainees elsewhere in the country.
On April 5, ECOMOG released 800 NPFL fighters who had been held
for over a year following their capture during the NPFL's
October 1992 "Operation Octopus" attack on Monrovia.  UNOMIL,
which had been charged under the 1993 Cotonou Peace Accord with
supervising a demobilization program, included the 800 in its
initial demobilization figure of 3,500.
The NPFL committed repeated arbitrary detentions in its
territory where martial law has been in effect since the war
began.  NPFL fighters had almost unbridled power to make
arrests without warrants.  They exercised that power often and
capriciously, detaining persons, including U.N. military
observers, on spurious grounds or without charge for periods
ranging from several hours to several weeks, as in the case in
May of an AFL colonel held for 1 month.  The NPFL held 350
orphans, whom the NPFL abducted from Fatimah Cottage in October
1992, at Cuttington University College until the fighting
reached Gbarnga in September.  At the height of the fighting,
the children fled, with most of them joining the 150,000
displaced persons still held by the NPFL at year's end near
Totota.  UNOMIL was able to evacuate 58 of the orphans by
helicopter before the security situation made flights
impossible.
There were no reports of Liberians being subjected to forced
political exile.
     e.  Denial of Fair Public Trial
The court structure is divided into four levels with the
Supreme Court at its apex.  Under the 1985 Constitution,
defendants have the due process rights conforming to
internationally accepted norms of fair trial.  Most of these
rights, however, were ignored in practice.
By 1994 all levels of the court system, which had been
devastated by the years of civil war, were functioning in
Monrovia, although erratically.  While corruption and
incompetent handling of cases remained a recurrent problem,
some progress was made in addressing problems in the judiciary,
including requiring that circuit court judges be law school
graduates.  The 1994 LNTG budget included the judiciary for the
first time in 4 years, which resulted in judges being given
office facilities and vehicles.  The Supreme Court, composed of
justices nominated by the warring factions, continued to
operate.
In addition to the resurrection of the modern court system,
customary law was also applied in Monrovia.  The Ministry of
Internal Affairs subjected persons accused of occult practices
and other crimes to "trial by ordeal," submitting defendants to
physical pain to adjudicate guilt or innocence (see Section
1.c.).
In the case of two AFL soldiers whom a military court found
guilty of murder, a leading human rights organization on their
behalf appealed the death sentence to the Supreme Court.  The
AFL, claiming no appeal was permitted from a court-martial
judgment, initially threatened to execute the prisoners but
subsequently delayed action after the Supreme Court issued a
restraining order.  By year's end, the Ministry of Defense had
not constituted an appeal board.
Although in 1991 the NPFL also partially reactivated the court
system in areas under its control, legal and judicial
protections have been almost totally lacking since then.  In
the areas controlled by the other factions, there was little
pretense of due process; swift judgment was meted out by the
faction leaders.  Given the continuing war, it was not possible
to determine the total number of political/security detainees
(see Section 1.d.) or political prisoners among the prisoners
held by the factions.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
While the Constitution provides for these rights, there were
many serious abuses of privacy and home--including confiscation
of property and failure to obtain required warrants--by the
police and fighters of all the warring factions.  According to
the Constitution, the police must have a warrant or a
reasonable belief that a crime is in progress, or is about to
be committed, before entering a private dwelling.  In practice,
the police engaged in forced entry without a warrant to carry
out arrests and investigations.
Combatants of all the warring factions looted villages during
the year, with ULIMO-Krahn and ULIMO-Mandingo factions in Bomi
and Cape Mount counties and LPC and NPFL fighters in
southeastern counties and elsewhere drawing considerable public
outrage.  These forces pilfered virtually any item of value and
regularly demanded scarce food and personal valuables from
already impoverished residents or displaced persons, often
robbing them of their clothes and physically abusing them,
particularly at checkpoints.  Confiscation of private homes and
vehicles was common practice.
These factions also used forced entry for purposes of
intimidation.  For example, AFL soldiers made two raids on the
Monrovia residence of a legislative representative to harass
the representative for his support of the new police director.
In one instance, an AFL soldier shot the representative's guard
in the leg.  The representative sent a formal letter to the
Transitional Legislative Assembly accusing four members of the
AFL high command of attempted murder.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
In 1994 the warring factions inflicted considerably more harm
on noncombatants than on each other.  All factions
indiscriminately ransacked villages and confiscated scant food
supplies.  They deliberately targeted, tortured, and murdered
innocent civilians and regularly committed violence against
women, children, and the elderly.
The number and complexity of warring forces increased in 1994.
In addition to Charles Taylor's NPFL in the central counties,
the anti-NPFL ULIMO split in March into its two ethnic
components, the ULIMO-Mandingo faction and the ULIMO-Krahn
faction.  While there was intra-ULIMO fighting in the western
counties, both ULIMO wings joined other groups, including the
AFL, in fighting NPFL-Taylor forces in central Liberia.  Made
up of remnants of late President Samuel Doe's army, the AFL
controlled pockets of terrain along the road to Buchanan and a
few areas in and around the Firestone Plantation.  The LPC, a
predominantly Krahn group drawing major support from active and
former AFL combatants, emerged in late 1993 and made serious
inroads in 1994 against the NPFL in the south and eastern
coastal region.  Krahn ethnic loyalties closely linked the
ULIMO-Krahn, the AFL, and the LPC.  The Lofa Defense Force
(LDF) provided sporadic challenge to ULIMO-Mandingo control of
the northwest.
The NPFL also suffered a schism.  In August a trio of dissident
NPFL ministers, who took their LNTG cabinet seats in April,
declared Charles Taylor unseated as Chairman of the NPFL's
Central Revolutionary Committee.  They joined other splinter
groups in an anti-Taylor coalition which participated with
ULIMO-Mandingo forces in a successful September attack on
Taylor's Gbarnga headquarters which he reoccupied in December
(see Section 1.a.).
There were many incidents throughout the year in which
civilians died.  On June 9, LDF fighters reportedly massacred
or summarily shot 75 civilians at Russie village near Zorzor in
Lofa county.  On June 22, ULIMO-Mandingos massacred nine
civilians, including women and children, in Brewerville,
Montserrado county.  Witnesses confirmed that ULIMO troops
questioned the victims about their tribal backgrounds and then
killed or tortured them and threw their bodies into a well.  In
late August, ULIMO-Krahn fighters massacred between 20 and 30
persons in Gbesseh town, Cape Mount county.  In September there
were numerous reports of a "massacre" by ULIMO-Mandingo
fighters who attacked Phebe Hospital near Gbarnga, looting it
and killing an unknown number of civilians, including several
Phebe staff members.  Subsequently, NPFL leader Charles Taylor
implied the killings of civilians at Phebe had been committed
by members of the NPFL.  In mid-December, fighters of
undetermined affiliation attacked the Paynesville suburb of
Monrovia, shooting, hacking, and burning 66 civilians to death.
Credible reports indicated that NPFL, ULIMO-Krahn,
ULIMO-Mandingo, and LPC fighters committed acts of
cannibalism.  In some instances, the fighters ate specific
organs in the belief that it would make the fighter stronger.
Human rights groups estimated that 3 to 6 percent of combatants
participated.  Displaced persons reported seeing severed
extremities and extracted body parts, such as the heart of a
Lofa county judge displayed in the streets of Voinjama after he
was murdered by ULIMO-Mandingo forces.  Often, it was
impossible to know where the victim came from or what had
happened; on September 21, a diplomat came upon an
unidentified, naked and tortured corpse (pieces of rope on the
deceased's wrist) along the main road through a Monrovia suburb.
The NPFL took credit for mining the Bong Mine-Kakata Road, the
feeder roads to the Monrovia-Buchanan Highway, and threatened
to mine the Totota-Kakata Highway if anyone attempted to save
the 150,000 displaced persons in Totota.  Three mine explosions
elsewhere killed several civilians and two ECOMOG soldiers.
Relief organizations estimated that 1.1 million persons have
been internally displaced since the war began.  Most of these
are dependent on humanitarian aid for survival.  Upper Lofa
county, for instance, where a $1 million staging base in Vahun
had been gutted by ULIMO brigands in December 1993, remained
bereft of relief operations throughout the year because the
security situation was too unstable to allow relief workers to
return.  Fierce fighting in other sectors of the country
hampered humanitarian work.  Faction leaders and their
followers, suspicious of the possible supply of aid to the
enemy, often refused to allow international and humanitarian
relief agencies access beyond their checkpoints to distribute
food and supplies.  U.N. and relief agencies reported
continuous harassment and detention of their staffs,
confiscation of vehicles, and looting of foodstuffs, medical
supplies, and gasoline.
In September interfactional warfare erupted in central Liberia
with such renewed brutality that over 200,000 Liberians fled
their homes, some to the bush and others into Guinea and the
Ivory Coast.  U.N. agencies and NGO's withdrew their up-country
staffs after the NPFL took 43 U.N. observers hostage in various
sectors of NPFL territory and after millions of dollars of U.N.
and humanitarian assistance supplies and equipment had been
stolen.  Assistance outside the Monrovia and Buchanan areas
ground to a halt in September but resumed to a few locations at
greatly reduced levels late in the year.
LIBERIA2
YTITLE:  LIBERIA HUMAN RIGHTS REPORT, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Various factions attacked ECOMOG peacekeeping forces throughout
the year and on a number of occasions took ECOMOG soldiers
hostage.  At least eight ECOMOG soldiers lost their lives, and
many were wounded.  Similarly, the warring factions detained
UNOMIL staff members and at times tortured them.
ECOMOG soldiers also inflicted suffering on the civilian
population.  Individual soldiers committed a number of serious
illegal activities, including systematic looting not only of
small, easily transportable goods but also the stripping of
entire buildings for scrap to be sold abroad.  Credible reports
indicated that members of ECOMOG facilitated the delivery
of--if not delivering--weapons and ammunition to the AFL, LPC,
and ULIMO combatants fighting to dislodge Taylor's NPFL.
Allegedly, some ECOMOG soldiers engaged in the illegal drug
trade (heroin and cocaine) and used Liberia as a transit point
for drugs coming in from Nigeria and Ghana for onward
shipment.  ECOMOG soldiers were also accused of using children
as young as 8 years of age as prostitutes.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
These freedoms are provided for in the 1985 Constitution and,
with some significant limitations, citizens generally exercised
these rights in Monrovia.  Liberians are free to criticize the
LNTG and ECOMOG, although they usually show restraint and
self-censorship in favor of the temporary Governments.
Due primarily to continued economic stagnation, the number of
publications in Monrovia fluctuated from month to month.  At
year's end, there were eight privately owned newspapers in
Monrovia.  While a restrictive, Doe-era media law providing the
Ministry of Information wide discretion in licensing and
regulating journalists remained on the books, official press
censorship was not pervasive in Monrovia.  Also, there were no
newspapers forcibly closed during the year.  Reflecting local
opinion, most of the Monrovia press tended to be anti-NPFL; and
some journalists admitted to self-censorship in favor of the
interim governments.
Other journalists asserted that public calls by IGNU and
subsequently LNTG officials for a "more responsible" press had
a chilling effect on journalistic freedom.  At times,
government officials and senior ECOMOG officers, offended by
articles, insisted on meeting privately with journalists.
Perhaps most chilling were the reported threats to individual
journalists by persons claiming to represent one or another of
the warring factions.  After a group of citizens from ULIMO
territory published a statement in Monrovia that ULIMO should
relinquish control of the western counties to the LNTG, the
ULIMO leadership threatened physical harm to journalists who
published articles making such suggestions.
There was no overt general attempt to censor the press, such as
the mid-1993 directive from IGNU that journalists submit all
"war-related" stories to the Ministries of Information and
Justice for clearance on national security grounds.  At that
time, the Press Union of Liberia (PUL) and newspaper publishers
objected to the measure as a prior restraint, but the PUL and
IGNU later compromised on guidelines for military reporting.
Those guidelines continued in effect and undoubtedly
constituted part of the basis for self-censorship.  Except when
fighting became too widespread, international journalists were
able to visit contested zones and to file reports without
official censorship.  Because of the fighting, journalists from
Monrovia cannot report on events in NPFL areas, and vice versa.
Outside Monrovia, residents of Liberia exercised extreme care
in their criticism of the various factions.  Although NPFL
leader Charles Taylor affirmed publicly on several occasions
his support of free speech, citizens in his area were subject
to sanctions for criticizing the NPFL.  There were two pro-NPFL
newspapers intermittently published in NPFL territory, but no
newspapers were printed in ULIMO- or LPC-controlled areas.
Both NPFL papers were initially denied permission to circulate
in Monrovia by the LNTG because they were not legally
"registered."  LNTG officials seized copies of one of the
papers on at least one occasion.
ECOMOG, IGNU, and subsequently the LNTG supported a radio
station (ELBC) which broadcast progovernment (and at times
sycophantic) programming throughout 1994.  Many credible
journalists alleged substantial censorship of ELBC.  A
privately owned radio station began broadcasting from Monrovia
in October 1993 but limited its news and commentary in order to
avoid possible governmental interference.  The NPFL continued
to operate intermittently at least one radio station, which
uncritically supported Charles Taylor.
The University of Liberia functioned throughout 1994 despite
some delays caused by financial problems.  Academic freedom was
generally respected, although the university authorities and
most of the student body criticized pro-NPFL expression.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of peaceful assembly
and association.  ECOMOG, apparently with full IGNU agreement,
imposed a nighttime curfew in Monrovia from 7 p.m. to 7 a.m.
after the NPFL attack in 1992; the curfew continued in force.
ECOMOG soldiers enforced the measure strictly and arrested
numerous persons for noncompliance.  ECOMOG periodically meted
out corporal punishment to repeat curfew violators.
The LNTG and ECOMOG permitted political parties and other
groups to organize freely and hold public meetings in Monrovia,
but ECOMOG did prohibit an outdoor peace rally in July and
generally discouraged parades or demonstrations for security
reasons.  The NPFL and ULIMO-Mandingo forces severely
restricted freedom of assembly and association in their areas.
In other factions' areas, residents felt intimidated and did
not attempt demonstrations.
     c.  Freedom of Religion
The 1985 Constitution recognizes freedom of religion as a
fundamental right, and Liberia has no established state
religion.  There was no evidence of systematic violation of
religious freedom by warring factions, but there were isolated
and sometimes violent incidents of religious repression by
local fighters, especially by Muslim ULIMO-Mandingo forces (see
Section 1.a.).
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement throughout
Liberia as well as the right to leave or enter the country at
will.  ECOMOG monitored freedom of movement at checkpoints
within Monrovia and around its perimeter.
Factional fighting interfered with freedom of movement, ranging
from resettlement of displaced persons to ordinary commerce and
travel.  ECOMOG restricted the movement of civilians,
humanitarian aid and staffers at various times throughout the
year.  All factions impeded the movement of relief workers and
supplies and extorted, humiliated, and harassed citizens at
checkpoints and makeshift barricades.
Of a total estimated population of almost 2.7 million at the
end of 1994, approximately 1.1 million Liberians have been
internally displaced since 1990, and 776,000 were refugees in
neighboring west African countries, many out of fear of ethnic
persecution.  The number of refugees fluctuated depending on
the intensity and proximity of the fighting to population
centers.  Many of the displaced went to Monrovia, including the
6,000 former refugees who returned to Liberia, reportedly
because of the security and more reliable relief supplies.
There were approximately 130,000 Sierra Leonean refugees in
Liberia as the civil war spilled over into Sierra Leone.  Many
Sierra Leoneans suffered mistreatment by both ULIMO factions
and the NPFL as they were displaced from camps in western
counties and made their way to camps in Lofa county, where
approximately 70,000 reside, and camps in and around Monrovia.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Despite constitutional and statutory provisions for free and
fair elections, Liberians could not exercise the right to
change their government.  Implementation of the July 1993
Cotonou Accord and followup September 1994 Akosombo Agreement
lagged as the factions continued to argue at year's end over
the detailed arrangements and timetable for seating a new
transitional government, disarmament, and demobilization.  The
December Akosombo Clarification Agreement postponed elections
until November 1995 and the installation of an elected
government until January 1996.
The LNTG installed in March 1994 is a weak transition
Government comprised of representatives of the signatories to
the Cotonou Accord--IGNU, NPFL, and ULIMO.  There is a 5-person
Council of State appointed by the signatory factions, a
35-member Transitional Legislative Assembly (TLA) also
appointed by the factions, and the judiciary.  At the end of
the year, it remained to be seen whether the factions could
implement the new LNTG called for in the December 21 Accra
agreements.
There are no restrictions in law on the participation of women
in politics; in practice, two women hold cabinet-level
positions in the LNTG, and a few hold positions in the
legislature and judiciary.  Overall numbers of women in the
LNTG and the various political parties are small.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The interim governments have permitted domestic and
international groups to operate freely.  The few domestic human
rights organizations are relatively new and underfunded but
made progress improving their influence, visibility, and
performance.
There were no domestic human rights organizations extant
outside the ECOMOG-controlled areas due to the warring
factions' hostility to such organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The 1985 Constitution prohibits discrimination based on ethnic
background, race, sex, creed, place of origin, or political
opinion, but discrimination exists in fact and in some cases in
     Women
The status of women varies by region, ethnic group, and
religion.  Before the outbreak of the civil war, women held
one-quarter of the professional and technical occupations
available in Monrovia.  Some women currently hold skilled jobs
in government, including in the Cabinet, legislature, and
judiciary.  On the whole, however, the lot of women
deteriorated dramatically with the onset of war, the closing of
many schools, and the loss of their traditional role in
production, distribution, and sale of foodstuffs.  In the past
3 years, several women's organizations formed in Monrovia and
Gbarnga to advance family welfare issues, to help promote
political reconciliation, and to assist in rehabilitating
former combatants as well as civilian victims of war.  In urban
areas, women can inherit land and property.  In rural areas,
where traditional customs are stronger, a wife is normally
considered the property of her husband and his clan and usually
is not entitled to inherit from her husband.
Women in most rural areas do much of the farm labor and have
only limited access to education.  In the massive violence
inflicted on civilians during the conflict, women suffered the
gamut of abuses (see especially Sections 1.c. and 1.g.).  Even
prior to the war, domestic violence against women was
extensive, but the Government, the courts, the media, and
women's groups never seriously addressed the issue.  There are
several NGO's in Monrovia and Buchanan which have developed
programs for treating abused women and girls and increasing
their awareness of their human rights.
     Children
In the civil war, the various sides have given almost no
attention to the welfare of children, whose education and
nurturing have been seriously disrupted.  Many who were
disabled, orphaned, abandoned, or "lost" during a military
attack on their homes or villages, reportedly accepted the
protection and sustenance that joining a faction brought.  Both
the NPFL and the ULIMO-Mandingos recruited and trained children
as cooks, spies, errand runners, guards, and in many instances
combatants.  There were no precise figures on the number of
child soldiers, but some sources estimated that 10 percent of
the 40,000 to 60,000 combatants are under 15 years of age.
Many children are substance abusers and depend upon the
factions for supply.  As a result, children have become both
victims and abusers in the conflict.  Many suffer from
posttraumatic stress disorder.  Some NGO's have initiated small
retraining and rehabilitation programs for a limited number of
former child fighters (see Section 6.d.).
International health experts have condemned female genital
mutilation (FGM), including clitoridectomy, as physically and
psychologically damaging to the girls and young women on whom
the operation is performed.  In some instances, female health
professionals in the tribes have successfully participated in
the ceremony to the extent of providing hygienic conditions and
postoperative care.   FGM is practiced primarily on young girls
by northern, western, and central tribes, particularly in rural
areas and among traditional societies.  According to an
independent expert in the field, the percentage of Liberian
females who have undergone this procedure may be as high as 60
percent.  Although there was one newspaper report of a failed
attempt to force a girl in Monrovia to undergo the procedure,
it was difficult to confirm the extent to which this procedure
was practiced in 1994 by Liberia's uprooted, displaced, and
often inaccessible population.  The most extreme form of FGM,
infibulation, is not practiced in Liberia.
     National/Racial/Ethnic Minorities
Although the Constitution bans ethnic discrimination, it also
provides that only "persons who are negroes or of negro
descent" may be citizens or own land, thus denying full rights
to many who were born or lived most of their lives in Liberia.
There has been no legislative initiative to repeal this racial
test.  The 1975 Economic "Liberianization" Law prohibits
foreign ownership of certain businesses, such as travel
agencies, retail gasoline stations, and beer and soft drink
distributors.  This law resulted in the rejection of several
foreign-owned business proposals.
The roots of the civil conflict can be found in the historical
division between the Americo-Liberian minority, who, despite
representing less than 5 percent of the population, for over
150 years dominated the political, economic, and cultural life
of the country, and the indigenous ethnic groups.  The latter
frequently complained of government discrimination in many
areas, such as access to education and civil service jobs and
to infrastructure development.
The authoritarian military-based regime established after the
1980 coup mounted by Sergeant Doe and other AFL noncomissioned
officers progressively exacerbated ethnic tensions while
subverting the democratic reforms embodied in the 1985
Constitution.  During the Doe regime, resentment grew over
domination of government by Doe's ethnic group, the Krahns,
which represent approximately 4 percent of the population.
Throughout the civil war, the factions have used an
individual's language to identify ethnicity and often summarily
executed those from groups considered hostile.  The ULIMO
faction split in March along Krahn-Mandingo lines and fought
each other and the NPFL.  The NPFL, supported by the Gio and
Mano groups, waged war against four preponderantly ethnically
constituted factions, three of them Krahn:  The predominately
Krahn AFL troops in and around Monrovia, the Krahn LPC along
the southern coast and north into (Krahn) Grand Gedeh county,
and the ULIMO-Krahns in Bong county.  The ULIMO-Mandingos made
incursions against the NPFL in Bong county and from early
September until December held control of Gbarnga, the NPFL
stronghold (see Section 1.g.).
     Religious Minorities
While the law prohibits religious discrimination, there were
claims of discrimination in practice.  Some Muslims, who
represent a growing share of the population, believe that
Liberia's secular culture gives preference to Christianity in
civic ceremony and observances, and that discrimination spills
over into areas of individual opportunity and employment.  The
Muslim education system stresses religious as opposed to
skills-based learning.  As a result, the authorities frequently
by-passed Muslims for the highly sought-after technical and
bureaucratic jobs available in government.  In addition, many
Liberian Muslims believe that their access to jobs and roles in
public life is restricted by an anti-Muslim bias in many
sectors of Liberian society with a predominately Christian
orientation.
     People with Disabilities
The protracted civil war has produced a large number of persons
with permanent injuries in addition to persons disabled from
other causes.  There is no legal discrimination against the
disabled, but in practice they do not enjoy equal access to
education, employment, and scant social services.  There are no
laws mandating accessibility to public buildings or services.
Section 6  Worker Rights
     a.  The Right of Association
The 1985 Constitution states that workers, except military and
police, have the right to associate in trade unions (see also
Section 6.b.).  However, as with virtually all other organized
activity in the country, unions disappeared during the height
of the 1989-90 war.  With the signing of the July 1993 Cotonou
Peace Accord, many industries planned to resume, and affected
unions began reorganizing and attempting to locate members.
However, union efforts to reorganize generally faltered in 1994
as factional fighting increased.  The most active organization
was the Ship Workers' Union.
The 1985 Constitution is silent on the right to strike.  While
the Labor Code provides for this right, the Doe government
issued a no-strike decree in 1980.  Governments up to 1990
intimidated labor officials, assuring a generally docile work
force and labor environment.  Neither of the subsequent IGNU
and LNTG legislative assemblies repealed or affirmed the
no-strike decree, which was not challenged in 1994 as there
were no strikes.  During the year, the LNTG took no
discriminatory actions against organized labor.
In 1990 the U.S. Government suspended Liberia's eligibility for
trade benefits under the Generalized System of Preferences
because of its violations of worker rights.
Labor unions have traditionally affiliated freely with
international labor groups.
     b.  The Right to Organize and Bargain Collectively
With the important exception of civil servants, workers
(including employees of public corporations and autonomous
agencies) have the right to organize and bargain collectively.
In the past, labor and employers negotiated agreements freely
without government interference.  In 1994 these rights were
largely moot because of the lack of economic enterprise,
especially in Monrovia, where only a few businesses resumed
operations, usually with reduced staffing.  There were no
formal mechanisms in place for resolving complaints of
discrimination against union workers.
There was no activity in Liberia's one export processing zone
(EPZ) which has been inoperative since 1990 when fighting
reached the free port of Monrovia.  When operational, labor
laws have the same force in the EPZ as elsewhere in the country.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, but even before the
civil war local authorities widely ignored this prohibition in
rural areas where farmers were pressured into providing free
labor on "community projects," which often benefited only local
leaders.  The warring factions used forced labor during the
fighting, especially for moving equipment or supplies.
According to credible reports, ULIMO-Mandingo fighters also
used Sierra Leonean refugees to acquire food for them,
occasioning the flight and repatriation of approximately 5,000
Sierra Leoneans from Vahun, Lofa county.
     d.  Minimum Age for Employment of Children
Under the Doe government, the law prohibited employment of
children under age 16 during school hours in the wage sector.
This law is still technically in effect, but there is no
enforcement.  Even earlier, enforcement by the Ministry of
Labor was limited, and small children continued to assist their
parents as vendors in local markets and on family subsistence
farms.  This practice persisted in 1994, particularly in those
areas where school had been closed because of the war.  During
the conflict, the NPFL and ULIMO-Mandingos recruited young
children as soldiers, many of whom had been orphaned; some were
less than 12 years of age.  Many of these children, especially
in the NPFL, remained under arms in 1994 (see Section 5).
     e.  Acceptable Conditions of Work
The Labor Code provides for a minimum wage, paid leave,
severance benefits, and safety standards.  Before the economy
collapsed, the legal minimum wage varied according to
profession but did not generally provide a decent standard of
living for a worker and family.  (The minimum wage for
agricultural workers was approximately 90 cents per day, with
industrial workers receiving three or four times that amount.)
Often workers were forced to supplement their incomes through
other activities to maintain a minimal standard of living.
Those not displaced turned to subsistence farming.  The minimum
wage was not enforced adequately by the Ministry of Labor.
The Labor Code provides for a 48-hour, 6-day regular workweek
with a 30-minute rest period for every 5 hours of work.  The
6-day workweek may extend to 56 hours for service occupations
and to 72 hours for miners, with overtime pay beyond 48 hours.
In view of the low level of economic activity during 1994, most
employers ignored these various regulations, and there was very
little attempt at enforcement in the country.
Prior to 1990, there also had been government-established
health and safety standards, enforced in principle by the
Ministry of Labor.  Workers did not have a legal right to
remove themselves from dangerous work situations.
LIBYA1
\TITLE:  LIBYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             LIBYA*

*  The United States has no Embassy in Libya.  Information on
the human rights situation is therefore limited.

The Great Socialist People's Libyan Arab Jamahiriya is a
dictatorship ruled by Mu'ammar Al-Qadhafi (the "Brother Leader
and Guide of the Revolution") who is aided by extragovernmental
Revolutionary Committees and a Comrades Organization.  Libya's
governing principles are expressed in Mr. Qadhafi's "Green
Book."  Borrowing from Islamic and pan-Arab ideas, Mr. Qadhafi
has created a political system that purports to establish a
"third way" superior to capitalism and communism.  He uses
assassination and intimidation to control his enemies abroad
and summary judicial proceedings to suppress opposition at
home.  The Government exercises tight control over ethnic
minorities, such as Berbers, and continues to repress banned
Islamic groups.
Libya maintains an extensive security apparatus, consisting of
several elite military units, including Mr. Qadhafi's personal
bodyguards, as well as the local Revolutionary Committees and
People's Committees.  The result is a multilayered, pervasive
surveillance system which monitors and controls the activities
of individuals.
In August Mr. Qadhafi proposed a program to seize private
wealth, deeming all private assets above a nominal amount to be
the fruits of exploitation or corruption.  The Government
dominates the economy through complete control of the country's
oil resources, the principal source of foreign exchange.  It
uses part of the oil income for development, but much income
has been lost to waste and corruption.
The human rights situation worsened in 1994 as the security
service continued a crackdown after a coup plot was foiled in
October 1993.  Most rights remain tightly restricted.  There
are no effective right to freedom of speech, including
expression of views opposing those of the Government, to
peaceful association or assembly, to formation of trade unions,
or to strike.  Citizens do not have the right to change their
government, nor the right to a fair public trial, to be
represented by legal counsel, to be secure in their homes or
persons, or to own private property.
RESPECT FOR HUMAN RIGHTS
Section l  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Foreign observers report at least 17 persons were hanged in
early 1994 after they were found guilty in summary trials for
their roles in a reported attempt coup d'etat in October 1993.
Thousands of persons were arrested in the post-October
crackdown.  Dozens of those reportedly died in detention.
A large number of offenses, including political offenses and
"economic crimes," are punishable by death.  Law No. 71 of 1972
stipulates the death penalty for any person associated with a
group opposed to the principles of the revolution.  Despite his
longstanding stated intention, Mr. Qadhafi has not acted to
abolish the death penalty for this offense.  To the contrary, a
1991 law stipulates the death penalty for persons "whose lives
constitute a threat or cause depravity to society."
     b.  Disappearance
Mansur Kikhya, a former Libyan Foreign Minister under Mr.
Qadhafi and a prominent exiled dissident, disappeared from
Cairo in December 1993.  The Egyptian Government has been
unable to account for Kikhya's disappearance.  Many observers,
citing Libya's long history of antidissident campaigns and Mr.
Qadhafi's public calls in late 1993 for violence against regime
critics abroad, believe that Libyan agents abducted Kikhya.
Kikhya's whereabouts are still unknown.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although Libya is a party to the United Nations Convention
against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, security personnel reportedly torture
prisoners during interrogations or for punishment.  Government
agents periodically detain and reportedly torture foreign
workers, particularly those from sub-Saharan Africa.  Torture
reports are difficult to corroborate because many prisoners are
held incommunicado.
Methods of torture reportedly include:  chaining to a wall for
hours, clubbing, electric shock, the application of corkscrews in the
back and lemon juice in open wounds, breaking fingers
and allowing the joints to heal without medical care,
suffocation by plastic bags, deprivation of food and water, and
beatings on the soles of the feet.  Libyan law calls for fines
against any official using excessive force, but there are no
known cases of prosecution for torture or abuse.
In 1994 Mr. Qadhafi again publicly called for a stricter
application of Islamic law, or Shari'a.  He criticized the
leniency of judicial punishments and recommended legislation to
authorize amputation for thievery and public whipping for
adulterers.  In February the Government adopted laws mandating
Koranic punishments, but at year's end there was no evidence
these laws had been enforced.
     d.  Arbitrary Arrest, Detention, or Exile
By law the Government may hold detainees incommunicado for
unlimited periods.  It also holds many political prisoners
incommunicado in unofficial detention centers, controlled by
members of the Revolutionary Committees.  The Government is
believed to hold in detention between 400 to 500 political
prisoners.  Many have been held for long periods without
charge.  Thousands of other detainees may have been held for
periods too brief (3 to 4 months) to permit confirmation by
outside observers.
While undergoing interrogation, sometimes for as long as
several months, prisoners do not have access to legal counsel.
There have been credible reports that the Government has
arbitrarily forced some foreign workers into military training
and military service on behalf of Libya or coerced them into
subversive activities against their own countries.
The Government does not impose exile as a form of punishment;
to the contrary, Mr. Qadhafi seeks to pressure Libyans working
or studying abroad to return to Libya.  However, the regime
arbitrarily expels noncitizens (see Section 6.e.).
     e.  Denial of Fair Public Trial
Most civilians are tried in regular courts, but their cases may
be referred to less formal "people's courts" or to military or
revolutionary courts, depending on the recommendation of the
security forces.  Some trials are held in secret or even in the
absence of the accused.  In other cases, the security forces
have the power to judge persons guilty without trial,
particularly those deemed "traitors to the people" (i.e.,
opponents of Mr. Qadhafi's ideology or reign).
Persons accused of political offenses have been tried in secret
before ad hoc revolutionary courts rather than in regular
civilian courts.  Defendants in such cases do not have the
right to choose their own counsel.
A 1981 law prohibits the private practice of law and stipulates
that all attorneys must work as employees of the Secretariat of
Justice.  The accused are not accorded due process under the
law, despite the regime's claims of adherence to international
principles of justice.
Mr. Qadhafi has used public speeches to incite local cadres to
take extrajudicial action against suspected regime opponents.
In 1994 a regime-inspired mob destroyed the home of a person
mistaken as a regime opponent who was living abroad.  Mr.
Qadhafi claimed that his personal intervention prevented the
mob from killing the family living in the house.  Later the
actual family members of the opponent--acting under
regime-inspired duress--described him as "insane" and called
for his arrest if he returned to Libya.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government does not respect the right to privacy.  Security
agencies often disregard the legal requirement to obtain
warrants before entering a private home.  They also routinely
monitor telephone calls.
The security agencies and the Revolutionary Committees oversee
an extensive informant network.  Libyan exiles report that mere
family ties to suspected regime opponents may result in
government harassment and detention.  The Government may seize
and destroy property belonging to the "enemies of the people"
or those who "cooperate" with foreign powers.  In early 1994,
citizens reported that Mr. Qadhafi warned that members of the
extended family of any regime opponent risk the death penalty.
In August Mr. Qadhafi proposed a program to seize private
wealth, deeming all private assets above a nominal amount to be
the fruits of exploitation or corruption.  He encouraged local
cadres to investigate and report any citizen retaining
"excessive" private assets after the expiration of a grace
period, during which citizens could turn over such assets to
the Government.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The authorities tolerate some difference of opinion in People's
Committee meetings and at the General People's Congress but in
general severely limit freedom of speech.  This is especially
true with regard to criticism of Mr. Qadhafi or his regime.
Infrequent media criticism of regime members or policies is
interpreted as orchestrated attempts to test public opinion or
as efforts to weaken the popular support of Mr. Qadhafi's
potential challengers within the Government.
The regime restricts freedom of speech by prohibiting all
political activities not officially approved; enacting laws so
vague that many forms of speech or expression may be
interpreted by the regime as illegal; and by operating a
pervasive system of informants that creates an atmosphere of
mistrust at all levels of society.
The State owns and controls the media.  There is a state-run
daily newspaper, Al-Shams, with a circulation of 40,000.  The
Revolutionary Committees publish several smaller newspapers.
The official news agency, JANA, is the designated conduit for
official views.  The regime does not permit the publication of
opinions contrary to government policy.  Such foreign
publications as Newsweek, Time, the International Herald
Tribune, Express, and Jeune Afrique are available, but
authorities routinely censor them and can prohibit them from
entry onto the market.
     b.  Freedom of Peaceful Assembly and Association
Public assembly is permitted only with regime approval and in
support of the regime's positions.  The Government limits the
right of association; it grants such a right only to
institutions affiliated with the regime.  According to Law No.
71 of 1972, political activity found by the authorities to be
treasonous is punishable by death.  An offense may include any
activity that is "opposed ... to the principles of the
Revolution."  Independent trade unions and professional
associations do not exist.  The regime regards such structures
as unacceptable "intermediaries between the revolution and the
working forces."
Despite these restrictions, citizens staged several informal
protests in 1994 to complain about the deteriorating economy
and express dissatisfaction with the Government.  At least one
large demonstration took place in Bani Walid, the location of
the regime's preemptive strikes against the October 1993 coup
attempt.
     c.  Freedom of Religion
Libya is overwhelmingly Muslim.  In an apparent effort to
eliminate all alternative power bases, the regime has banned
the once powerful Sanusiyya Islamic sect.  In its place, Mr.
Qadhafi established the Islamic Call Society (ICS), which is
the outlet for state-sanctioned religion as well as a tool for
exporting the Libyan revolution abroad.  In 1992 the Government
announced that the ICS would be disbanded; however, its
Director still conducts activities, suggesting that the
organization remains operational.  Islamic groups at variance
with the state-approved teaching of Islam are banned.
In 1994 security forces continued to arrest suspected members
and sympathizers of banned Islamic groups and to monitor
activities at mosques.  Some practicing Muslims have shaved
their beards to avoid harassment from security services.  Mr.
Qadhafi has publicly denounced Libyan "mujaheddin" (generally,
conservative Islamists who fought with the Afghan resistance
movement against Soviet forces) as threats to the regime.  Most
political detainees are reportedly associated with banned
Islamic groups.
Members of some minority religions are allowed to conduct
services.  Services in Christian churches are attended by the
foreign community.  A resident Catholic bishop, aided by a
small number of priests, operates two churches.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
With the exception of security areas, the Government usually
does not restrict the internal movement of Libyan citizens.  It
requires exit permits for travel abroad.  Following the failed
October 1993 coup plot, the Government imposed additional exit
requirements, including authorization from certain ministries
and limits on access to hard currency.  Women must have their
husbands' permission for travel abroad.  Authorities routinely
seize the passports of Americans, as well as those of some
other nationals, married to Libyan citizens upon entry into
Libya.
In 1991 Libya and Egypt agreed to allow the unrestricted travel
of their nationals across their mutual border, and thousands of
Libyans reportedly go back and forth regularly.  This travel,
as well as travel from Libya to Tunisia, continued at a high
level in 1994, partly as a result of the international embargo
on airline service to Libya.  In response to antiregime
activity, the Government tightened border controls temporarily
in late 1993 and again in mid-1994.  The Government increased
restrictions on travel across the Tunisia-Libya border in late
1994, possibly in reaction to improving Tunisian relations with
Israel.  In late 1993, the Egyptian media reported that Mr.
Qadhafi turned over three expatriate Egyptian Islamists to the
Egyptian security services.
The Revolutionary Committees maintain surveillance of some
citizens when they are abroad.  The right of return is more
nearly an obligation; the regime often calls on students, many
of whom receive a government subsidy, and others working abroad
to return to Libya on little or no notice.  Students studying
abroad are interrogated upon their return.  Some citizens,
including exiled opposition figures, refuse to return.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The people of Libya do not have the right to change their
government.  Major government decisions are controlled by Mr.
Qadhafi, his close associates, and committees acting in his
name.  Mr. Qadhafi appoints military officers and official
functionaries down to junior levels.  Corruption and
favoritism, partially based on tribal origin, are major
problems, adversely affecting government efficiency.
The Government prohibits political parties and tribal or local
groupings.  Participation in elections is mandatory, and all
candidates are approved by the Revolutionary Committees.
Candidates may not be merchants, contractors, tribal advocates,
officials of the pre-1969 government, or persons who have been
"attacked" by the revolution.
In theory, political participation is guaranteed by the
grassroots People's Committees, which send representatives
annually to the national General People's Congress (GPC).  In
practice, the GPC is a rubber stamp which approves all
recommendations made by Mr. Qadhafi.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The regime prohibits the establishment of independent human
rights organizations.  The Government created the Libyan Arab
Human Rights Committee in May 1989.  However, there are no
reports of any activities by the Committee.
The regime does not respond substantively to appeals from
Amnesty International (AI) on behalf of detainees.  In 1994 the
regime described AI as a tool of Western interests and
dismissed its work as neocolonialist.  AI representatives last
visited Libya in 1988.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Both law and traditional Islamic attitudes restrict women's
rights.  However, Mr. Qadhafi has led efforts to improve the
status of women and expand their access to educational and
employment opportunities.  Women may serve in the military.
No information is available on the extent to which violence
against women is a problem in Libya.
     Children
The Government has subsidized education and medical care,
improving the welfare of children in the past 25 years.
However, declining revenues and general economic mismanagement
have led to cutbacks, particularly in medical services.  Some
tribes located in remote areas still practice female genital
mutilation, which is usually performed on young girls.
     National/Racial/Ethnic Minorities
Arabic-speaking Muslims of mixed Arab and Berber ancestry make
up 97 percent of the population.  The principal non-Arab
minorities are Berbers and blacks.  There are frequent
allegations of discrimination based on tribal status,
particularly against Berbers in the interior and Tuaregs in the
south.  In the past, Mr. Qadhafi sought unsuccessfully to
ensure that Berbers married only non-Berbers, presumably in an
effort to erode their tribal identity.
See Section 6.e. on the expulsion since 1990 of thousands of
foreign workers, principally black Africans, under
circumstances that have appeared discriminatory.
     People with Disabilities
No information is available on the Government's efforts to
assist people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
Workers do not have the right to establish or join unions of
their own choosing.  Workers may join the sole official trade
union organization, the National Trade Unions' Federation,
which was created in 1972.  The Federation is administered by
the People's Committee system.  The Government prohibits
foreign workers from joining unions.
The law does not guarantee the right to strike.  There have
been no reports of strikes by Libyan workers in years.  In a
June 1992 speech, Mr. Qadhafi affirmed that workers have the
right to strike but added that strikes do not occur because the
workers control their enterprises.
The official trade union organization plays an active role in
the International Confederation of Arab Trade Unions and the
Organization of African Trade Union Unity.  It exploits
international trade union contacts to engage in propaganda
efforts on behalf of the regime.  The Arab Maghreb Trade Union
Federation suspended the membership of Libya's trade union
organization in 1993.  The suspension followed reports that Mr.
Qadhafi had replaced all union leaders, in some cases with
loyal followers without union experience.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining does not exist in any meaningful sense
because the labor law requires that the Government must approve
all agreements.
     c.  Prohibition of Forced or Compulsory Labor
In a 1992 report, the International Labor Organization's (ILO)
Committee of Experts stated that "persons expressing certain
political views or views ideologically opposed to the
established political, social, or economic system may be
punished with penalties of imprisonment...involving...an
obligation to perform labor."  That statement accurately
describes the situation in 1994.  The same report noted that
public employees may be sentenced to compulsory labor "...as a
punishment for breaches of labor discipline or for
participation in strikes even in services whose interruption
would not endanger the life, personal safety, or health of the
whole or part of the population."  The Government has informed
the ILO that legislation has abolished these provisions, but it
has not submitted any corroborating evidence to the ILO.
     d.  Minimum Age for Employment of Children
The minimum age for employment of children is 18.  Education is
compulsory to age 15.
     e.  Acceptable Conditions of Work
The work force is about l,120,000 workers, with an additional
1.2 million foreign workers, in a population of 4.4 million.
There is a legally mandated minimum wage, which appears
inadequate to afford a worker and family a decent standard of
living.  Wages, particularly in the public sector, are
frequently months in arrears.  The International Monetary Fund
noted that a wage freeze imposed in 1981 remains in effect and
has seriously eroded real income.
The legal maximum workweek is 48 hours.  The labor law defines
the rights and duties of workers, including matters of
compensation, pension rights, minimum rest periods, and working
hours.  Labor inspectors are assigned to inspect places of work
for compliance with occupational health and safety standards.
Certain industries, such as the petroleum sector, try to
maintain standards set by foreign companies.
The labor law does not accord equality of treatment to foreign
workers.  Foreign workers may reside in Libya only for the
duration of their work contracts.  They are subject to
arbitrary pressures, such as changes in work rules and
contracts, and have little option but to accept such changes or
to depart the country.  Foreign workers who are not under
contract enjoy no protection.
In the spring of 1990, the Government expelled thousands of
black African workers, claiming they were in Libya illegally.
Chadians, Nigerians, Nigeriens, Malians, and Ghanaians were
detained for varying lengths of time and returned destitute to
their countries.  Press reports in several of these countries
have carried unsubstantiated accounts of the mistreatment of
these workers by Libyan authorities prior to their expulsion.
At least 16 black African workers reportedly disappeared, and 1
Malian was reportedly killed.  In late 1993, Mr. Qadhafi called
for the expulsion of most of the 25,000 Thai workers in Libya,
in apparent retaliation for the Thai Government's decision to
remove approximately 200 Thai workers from the Tarhunah
chemical weapons project.  However, the regime took no action
against the Thai workers in 1994.
In September Mr. Qadhafi called for the expulsion of
Palestinian workers, maintaining that establishment of a
Palestinian authority in Gaza and Jericho eliminated Libya's
obligation to care for the "homeless."  In 1994 the regime did
not renew the contracts of some Palestinian workers whose work
contacts had expired.
LIECHTEN1
*TITLE:  LIECHTENSTEIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                         LIECHTENSTEIN
The Principality of Liechtenstein is a constitutional monarchy
and parliamentary democracy.  The reigning Prince is the Head
of State; all legislation enacted by the popularly elected
Parliament (Landtag) must have his concurrence.  The Landtag
nominates and the Prince appoints the members of the Government
and of the functionally independent judiciary.  The
Constitution authorizes the Prince to alter criminal sentences
or pardon offenders; if the offender is a member of the
Government, sentenced for violating an official duty, the
Prince can take such action only if the Landstag so requests.
The Interior Ministry effectively oversees the regular and
auxiliary police forces.  There is no standing military force.
Despite its small size and limited natural resources,
Liechtenstein has developed during recent decades from an
agrarian society into a prosperous, highly industrialized,
free-enterprise economy with a vital service sector.  It
participates in a customs union with Switzerland, and uses the
Swiss franc as its national currency.  The citizens enjoy a
very high standard of living.  Unemployment was only 1.5
percent in 1994.
The Constitution provides for basic human rights, and the
Government respects these.  However, domestic violence against
women is a serious societal problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and cruel punishment, and there were
no reports of use of such methods.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides for freedom from arbitrary arrest and
detention, and the authorities honor these provisions.  Within
24 hours of arrest, the police must bring the suspect before an
examining magistrate, who must either state formal charges or
order release.  The law grants suspects the right to legal
counsel of their own choosing, at no cost if the suspect is
indigent.  Release on personal recognizance or bail is granted
unless the examining magistrate has reason to believe the
person is a danger to society or will not appear for trial.
There is no provision for exile, and it does not occur.
     e.  Denial of Fair Public Trial
The judiciary is independent of the executive and legislative
branches.  It has three tiers: lower court, high court, and
Supreme Court.  In addition, an Administrative Court hears
appeals against government decisions.  Also, a State Court
protects the rights accorded by the Constitution, decides on
conflicts of jurisdiction between the law courts and the
administrative authorities, and acts as a disciplinary court
for members of the Government.
The Constitution provides for public trials and judicial
appeal, and the authorities respect these provisions.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for personal liberty, and for
inviolability of the home, of postal correspondence, and of
telephone conversations.  No violations have been reported.
Police need a judicial warrant to search private property.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
An independent press, effective judiciary, and democratic
political system combine to ensure freedom of speech and
press.  There are two newspapers, each representing the
interests of one of the two major political parties.  The only
broadcasting facility is a State-owned television station, but
residents freely receive radio and television broadcasts from
abroad.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the the authorities do not interfere with
these.  They require permits for public meetings and
demonstrations, but routinely grant them.
     c.  Freedom of Religion
The Government does not hamper the teaching or practice of any
faith.  The finances of the Roman Catholic Church are
integrated directly into the budgets of the national and local
governments.  Taxpayers may opt not to contribute to the
Church, but this decision precludes membership in the Church.
Roman Catholic or Protestant religious education is compulsory
in all schools, but the authorities routinely grant exemptions
for children whose parents so request.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens have unrestricted freedom to travel in or outside the
country, to emigrate, and to return.  The country's lack of an
airport or international train station precludes it from being
a country of first asylum.  There is no asylum law; Parliament
decides case-by-case on the few, sporadic applications.  In
late 1994 it granted preliminary work permits, valid through
1996, for a group of 18 Tibetans who arrived in October 1993.
The Government returns rejected applicants to the Swiss or
Austrian entry point, after authorities there provide
assurances that applicants will not be forced to return to
countries that may persecute them.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The monarchy is hereditary in the male line.  The 25-member
unicameral legislature is elected every 4 years.  Suffrage is
universal for adults over age 20, and balloting is secret.  A
two-party coalition has formed the Government since 1938.
Other parties operate freely; one currently has a seat in
Parliament.  The Government regularly puts initiatives and
referendums to popular vote.
Since women gained the right to vote in 1984, a growing number
of women have been active in politics.  Two women are members
of Parliament, and two--one of them the Foreign Minister--are
among the five members of the Cabinet.  Women are serving on
the executive committees in the major parties.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The sole human rights organization based in Liechtenstein,
Justitia Et Pax, is an informal group of about ten persons who
monitor prison conditions and assist foreign workers with
immigration matters.
There have been no requests from any source for investigation
of human rights violations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination on the basis of race,
language, or social status, and the authorities respect these
provisions.
     Women
Societal discrimination still limits opportunities for women in
fields traditionally dominated by men, and the law still
provides no means to redress discrimination.  However, a 1992
constitutional amendment provided for equality for women under
the law, and requires the Parliament to revise, by the end of
1995, all laws relevant to this provision.  Accordingly,
Parliamentary committees have been working on revision of the
statutes concerning citizenship, education, employment
conditions, taxation, and other matters.
Domestic violence against women is a serious problem.  Over 670
women were given shelter in 1994 due to violence or threats
from a spouse or male partner.  The law prohibits wife beating,
and the Government prosecutes abusers.
     Children
There is no pattern of societal abuse against children.  The
Government supports programs to protect the rights of children,
and matches contributions made to the four nongovernmental
organizations monitoring children's rights.
     People with Disabilities
Although the law does not expressly prohibit discrimination
against people with disabilities, complaints of such
discrimination may be pursued in the courts.
The Government has not required that buildings or government
services be made accessible for people with disabilities.
Section 6  Worker Rights
     a.  The Right of Association
Labor-management relations are conducted according to the Swiss
Code of Obligations.  All workers, including foreigners, are
free to associate, join the unions of their choice, and select
their own union representatives.  The sole trade union
represents 13 percent of the work force, but it looks after the
interests of nonmembers as well.  It is a member of the World
Confederation of Labor, but is represented there by a Swiss
union.
Workers have the right to strike except in certain essential
services.  No strikes are known to have taken place in the last
26 years.  The law does not provide specific protection for
strikers.  Employers may dismiss employees for refusal to work;
such dismissals may be contested.
     b.  The Right to Organize and Bargain Collectively
The law provides for the right of workers to organize and
bargain collectively.  However, collective bargaining
agreements are generally adapted from ones negotiated by Swiss
employers and unions.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and there were no
reports of violations.
     d.  Minimum Age for Employment of Children
The law generally prohibits employment of children under age
16; however, regulatory exceptions may be made, under certain
circumstances, for some employment of youths older than 13 and
for those leaving school after age 14.
     e.  Acceptable Conditions of Work
There is no national minimum wage, but even the lowest actual
wages afford a decent living for workers and their families.
The law sets the maximum workweek at 45 hours for white-collar
workers and employees of industrial firms, and 50 hours for all
other workers.  The actual workweek is usually 40 to 43 hours.
Employers must guarantee workers 1 1/2 rest days each week,
usually Saturday afternoon and Sunday.  Workers over age 19
receive at least 4 weeks of vacation; younger ones, at least 5
weeks.
The law sets occupational health and safety standards, and the
Department for Worker Safety effectively enforces these
provisions.
LITHUANI1
0p0pTITLE:  LITHUANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           LITHUANIA
Lithuania, a parliamentary democracy, regained its independence
in 1991 after more than 50 years of forced annexation by the
Soviet Union.  The Constitution, adopted by referendum in 1992,
established a 141-member unicameral legislature, the Seimas; a
directly elected President, who functions as Head of State; and
a Government formed by a Prime Minister and other ministers,
appointed by the President and approved by the Seimas.  The
Government exercises authority with the approval of the Seimas
and the President.  In fair elections in 1992, the Lithuanian
Democratic Labor Party (LDDP)--the successor to the Communist
Party of Lithuania, which in 1989 broke away from the Soviet
Communist Party--won a majority of parliamentary seats and
formed the Government.  In 1993 voters elected Algirdas
Brazauskas, the then Chairman of the LDDP, as President.
A unified national police force under the jurisdiction of the
Interior Ministry is responsible for law enforcement.  The
State Security Department is responsible for internal security
and reports to Parliament and the President.  The police
committed a number of human rights abuses in 1994.
Since independence, Lithuania has made steady progress in
developing a market economy.  Over 40 percent of state
property, including most housing and small businesses, has been
privatized.  Trade is diversifying, with a gradual shift to
Western markets.  Industry employs 42 percent of the labor
force, and agriculture 18 percent.  Major exports include
electronic goods, food, and chemical and petroleum products.
The Government generally respects basic freedoms and civil
liberties.  It enacted the Preventive Detention Law as a
temporary measure in 1993 but extended it for an additional
year.  The law, part of the Government's efforts to combat
violent organized crime, extended the permissible period of
detention for criminal suspects to 2 months.  Some opposition
members of Parliament and the Lithuanian Lawyers' Association
expressed concern that the Government might abuse its
provisions (see Section 1.d.).
Police reportedly beat detainees and, in one instance, caused a
young man's death.  Police surveillance allegedly occurs not
only in the battle against organized crime but also in other
circumstances; no one has attempted thus far to challenge its
legality.  News publications and journalists expressed concern
about a draft press law which would restrict freedom of the
press; an impartial committee is reviewing the draft law.
Abuse of women is reportedly common, but the Government has not
developed an effective mechanism for dealing with it.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.  In
one well-publicized case, however, police officers in the town
of Visaginas arrested a young man for disorderly conduct in
October and beat him to death.  The prosecutor initiated
proceedings against the police officer suspected of killing the
young man.  At year's end, the case was still pending.
     b.  Disappearance
There were no reports of abductions or disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports that Lithuanian officials engaged in or
condoned torture.  However, police sometimes beat or otherwise
physically mistreated detainees.  The local press reported that
incidents of police brutality were becoming more common.  In
many instances, the victims reportedly are reluctant to bring
charges against police officers out of fear of reprisals.  The
Ministry of the Interior generally has been unwilling to
publicize statistics on reported cases of police brutality.  In
the first 9 months of 1994, 65 cases of reported police
brutality were investigated, of which 18 resulted in
convictions of the police officers concerned.
     d.  Arbitrary Arrest, Detention, or Exile
Except in cases that come under the provisions of the
Preventive Detention Law (described below), police may detain a
person for up to 72 hours, based upon reliable evidence of
criminal activity.  At the end of that period, police must
decide whether or not to make a formal arrest, and a magistrate
must approve an arrest warrant.  The authorities have a total
of 10 days to present supporting evidence.  Once a suspect is
formally charged, prosecutors may keep the suspect under
investigative arrest for up to 2 months before taking the
suspect to court.  In exceptional cases, investigative arrest
may be extended by a further 6 to 9 months with the written
approval of the Procurator General.  The Constitution provides
for the right to an attorney from the moment of detention.
In an effort to cope with the rise in violent organized crime,
Parliament in 1993 passed the Preventive Detention Law
pertaining to persons suspected of being violent criminals.
The Law, which was passed as a temporary measure, allowed
police, but not internal security and armed forces, to detain
suspected violent criminals up to 2 months rather than only for
the standard 72-hour period.  The effect of the Law is to give
prosecutors and investigators additional time to conduct an
investigation and file formal criminal charges against the
detainee.  Those apprehended must be released after 2 months if
an investigation does not lead to formal charges.  Local police
commissioners must obtain the Procurator General's approval of
each arrest carried out under the provisions of this law.
Parliament voted in December 1993 to extend the temporary law
for an additional year, but with several new provisions.
Checks on prosecutorial abuse are provided by the requirements
that a detainee (1) must be informed within 3 hours following
arrest about the length of preventive detention being
considered (not to exceed 2 months), and (2) must be brought
before a court within 48 hours of arrest for a ruling on the
legality of detention.  Furthermore, a detainee has the legal
right to consult with an attorney during the period of
detention.  The law gives law enforcement officials wide
latitude in making arrest decisions and may be open to abuse.
Police detained over 400 suspected members of criminal gangs
under the provisions of this law.  In several well-publicized
cases, the law helped to convict and sentence dangerous
criminals to lengthy prison terms.  In many other instances,
however, the suspects were freed without charge after
expiration of the maximum detention period.
There is no exile.
     e.  Denial of Fair Public Trial
Legal reform efforts departing from the former Soviet model
continued in 1994, with Parliament's passage of new civil and
criminal procedure codes as well as a Court Reform Law.  The
judicial system presently consists of a two-tier structure of
district courts and a Supreme Court, which is an appellate
court.  There is also a Constitutional Court.  Court decisions
are arrived at independently.  The Procurator General exercises
an oversight responsibility through a network of district
prosecutors who work with police investigators--employed by the
Ministry of the Interior--in preparing the prosecution's
evidence for the courts.  The institution of lay assessors was
abolished at the end of the year.
Under the provisions of the Court Reform Law, to be implemented
starting in January 1995, two new kinds of courts will be
created.  Local district courts will be set up below the
present district courts to handle cases at the municipal level,
while a new appellate court level will hear appeals arising
from district court decisions, thereby reducing the case load
of the overburdened Supreme Court.  In addition, as a result of
Lithuania's accession to the Council of Europe, the Ministry of
Justice has begun a thorough review of Lithuania's laws with a
view towards bringing them into accord with the provisions of
the European Convention on Human Rights.
The Constitution provides defendants with the right to
counsel.  In practice, the right to legal counsel is abridged
by the shortage of trained advocates who find it difficult to
cope with the burgeoning numbers of criminal cases brought
before the courts.  Outside observers have recommended the
establishment of a public defender system to regularize
procedures for provision of legal assistance to indigent
persons charged in criminal cases.  By law, defense advocates
have access to government evidence and may present evidence and
witnesses.  The courts and law enforcement agencies generally
honor routine, written requests for evidence.  There were no
political trials.
Government rehabilitation of over 50,000 persons charged with
anti-Soviet crimes during the Stalinist era led to reports in
1991 that some people alleged to have been involved in crimes
against humanity during the Nazi occupation had benefited from
this rehabilitation.  A special judicial procedure was
established to examine each case in which an individual or
organization raised an objection that a rehabilitated person
may have committed a crime against humanity.  In 1994 the
Supreme Court overturned the rehabilitation of three persons
whose cases were pending from 1993.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The authorities do not engage in indiscriminate or widespread
monitoring of the correspondence or communications of
citizens.  With the written authorization of a procurator or
judge, however, police and the security service may engage in
surveillance and monitoring activities on grounds of national
security.  Except in cases of hot pursuit or the danger of
disappearance of evidence, police must obtain a search warrant
signed by a prosecutor before they may enter premises.
It is widely assumed, however, that law enforcement agencies
have increased the use of a range of surveillance methods to
cope with the expansion of organized crime.  There is some
question as to the legal basis of this police surveillance, but
there are no known legal cases challenging the legality of the
surveillance.  The former president of the Lithuanian National
Bank, who charged that eavesdropping devices were found in his
office in 1993, publicly called on the Procurator General to
investigate the incident.  The press reported that, although
the devices were in fact found and are in the possession of the
new bank management, the authorities failed to pursue
investigation of the incident.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech is widely respected.  Prior restraint over
either print or broadcast media and restrictions on disclosure
are prohibited, unless the Government determines that national
security is involved.
Nevertheless, journalists working for the state-owned
electronic media complained about pressure by superiors to
avoid criticism of government policies in their television and
radio reporting.  Most independent news publications and many
prominent journalists protested in September against the
provisions of a draft press law, which they thought severely
restricted freedom of the press.  The ruling party announced
the formation of an impartial committee to review the proposed
press law and the provisions which prompted the protests.
Many investigative journalists covering organized crime were
harassed by and received death threats from these groups.  A
copublisher and editor of a widely read daily, who wrote
extensively on organized crime, was murdered in October 1993.
In October 1994, the Supreme Court convicted four persons with
criminal backgrounds of murder in the case.  One person
received a death sentence, which will be subject to court
review in early 1995.
Five private radio stations, including one broadcasting in
Polish, are on the air.  Two private television stations also
broadcast regular programming to a wide audience.  On February
17, virtually all of these private radio and television
stations broadcast a simultaneous public appeal for support
against the Government's alleged attempts to monopolize the
electronic media.  Representatives of the private electronic
media have complained for some time about the unfair
broadcasting rates that the Government sets which allegedly
favor the state radio and television stations.
     b.  Freedom of Peaceful Assembly and Association
There are no laws that prohibit public gatherings.  During 1994
a large number of public meetings and demonstrations took place.
The Constitution provides for, and the authorities respect, the
right of citizens to associate freely, requiring only that they
inform local government authorities of planned demonstrations.
The Communist Party of Lithuania and other organizations
associated with the Soviet regime continue to be banned.
     c.  Freedom of Religion
The authorities did not restrict the exercise of the
constitutional right to religious freedom in 1994.
During the year, representatives of some Protestant
denominations and smaller religious communities continued to
protest against a pending draft law on religion that classifies
religions according to whether they are considered
"established" or "unestablished."
A small Jewish community exists, largely in the main cities.
Jewish leaders called on officials to provide better police
protection for Jewish cemeteries in Kaunas, Vilnius, and
Kalvaria which have been subject to increasing vandalism and
pilfering.  The city government of Kaunas established an ad hoc
committee, including police officials and Jewish community
representatives, to look for ways to improve security at the
Jewish cemeteries.  Kaunas officials said they would try to
increase funding for the upkeep and protection of the
cemeteries.
The Prime Minister on September 22 publicly deplored the
Nazi-initiated killing of 200,000 Lithuanian Jews during World
War II.  He apologized to the Jewish people for the fact that
several hundred Lithuanians actively assisted the Nazis in
carrying out their genocidal aims and pledged to prosecute
suspected Nazi war criminals who are deported back to
Lithuania.  Toward year's end, the Jewish community became
apprehensive regarding anti-Semitic articles in a leading
independent newspaper and sent an open letter to the President,
asking that he condemn these articles.  Jewish representatives
noted that the President had met them to discuss the issues
raised in the letter, but by year's end he had not publicly
condemned the articles in question.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Under the law, citizens and permanent residents are permitted
free movement within, and return to, their country.  There are
no restrictions on foreign travel.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Lithuania is a parliamentary democracy.  The election law
provides for a secret ballot in parliamentary elections.  Of
141 parliamentary seats, 71 are elected directly and 70 through
proportional representation.  A party must draw a minimum 4
percent of the national vote in order to gain a seat through
proportional representation.  National minority slates are
exempt from this rule.  Two of the four Union of Poles
representatives won their seats on a proportional basis, even
though the union slate captured only 2 percent of the
nationwide proportional vote.
The Citizenship Law, adopted in December 1991, is generally
inclusive with regard to the country's ethnic minorities.  The
Law provides citizenship to persons who were born within the
borders of the Republic; who were citizens of Lithuania prior
to 1940 and their descendants; and who became citizens under
previous legal authority.  Over 90 percent of Lithuania's
ethnic Russian, Polish, Belarusian, and Ukrainian inhabitants
received citizenship.  Qualification for naturalization of
persons not covered by the above-mentioned categories requires
10-year residency, a permanent job or source of income,
knowledge of the Constitution, renunciation of any other
citizenship, and proficiency in Lithuanian.  Well over 90
percent of ethnic Poles, Russians, Belarusians, and Ukrainians
residing in Lithuania in 1991 were granted citizenship.
While there are no legal restrictions on women's participation
in politics or government, they are underrepresented in
political leadership positions.  There are only 10 female
deputies in the 141-member Seimas, and no female ministers
serve in the current Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Association for the Defense of Human Rights in Lithuania is
an umbrella organization for several small human rights groups
which operate without government restriction.  In October the
Government established the Department of International and
Human Rights within the Justice Ministry, which is to monitor
Lithuanian laws and legal practice to determine whether these
are in accord with Lithuania's international obligations.  The
authorities actively encouraged international and
nongovernmental human rights groups to visit Lithuania.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
religion, disability, or ethnic background.
     Women
The Constitution provides equal rights for men and women, and
official policy specifies equal pay for equal work.  Generally,
men and women receive the same pay for comparable work, but
women are largely underrepresented in some professions and in
the managerial sector as a whole.  Nonetheless, significant
inequalities in Lithuanian society based on gender continue.
Lithuanian society still has very conservative views about the
role of women in society.  The fact that women's enrollment now
exceeds that of men in some university faculties has prompted
university administrations to introduce preferential entrance
criteria for men to redress what is perceived as an abnormal
state of affairs.  Parliamentary deputies speaking about female
deputies in public sometimes make unflattering comments based
on gender stereotypes, without eliciting any unusual public
reaction.
Abuse of women in the home is reportedly common, especially in
connection with alcohol abuse by husbands, but institutional
mechanisms for coping with this problem are only now being
started.  One private women's organization is attempting to
establish a shelter for abused women.  According to a recent
sociological survey, 20 percent of women report experiencing an
attempted rape, while another 33 percent report having been
beaten at least once in their lives.  Official statistics on
the incidence of abuse of women in the home are not filed
separately from other categories of assault.  Women's groups
report some resistance among law enforcement officials to
collecting and releasing such statistics.  Persons convicted of
rape generally receive sentences of from 3 to 5 years in prison.
     Children
The Ministries of Social Protection and of the Interior shared
official responsibility for the protection of children's rights
and welfare in 1994.  Starting in 1994, the Children's Rights
Service of the Ministry of Social Protection took on many of
the functions formerly handled by the Interior Ministry and its
subordinate police officers throughout the country, thereby
focusing more attention on the social welfare needs of
children.  Press reporting on crime throughout the year noted a
number of instances of severe beatings of children by parents
that resulted in hospitalization or even death.  Social welfare
workers believe that child abuse in connection with alcohol
abuse by parents is a serious problem.  The prevalence of
authoritarian values in family upbringing, however, has
discouraged more active measures against child abuse.  The
latest statistics available indicate that 5 children between 1
and 14 years of age were murdered in 1994, while 61 were
subject to varying kinds of abuse.
     National/Racial/Ethnic Minorities
Non-Lithuanian ethnic groups, including Russians, Poles,
Belarusians, Ukrainians, and Jews, comprise roughly 20 percent
of the population.
Non-Lithuanians, especially Poles, have expressed concerns
about the possibility of job discrimination arising from
implementation of the language law.  Many public sector
employees were required to attain a functional knowledge of
Lithuanian within several years, although the authorities have
been granting liberal extensions of the time frame in which
this is to be achieved.  During the first half of 1994,
language-testing committees tested 7,299 people for whom
Lithuanian is not a native language.  Of those examined, 6,394
were certified as language qualified.  There is no documented
evidence of dismissals based on application of this law.
Lithuanian authorities have indicated that the intent of the
law is to apply moral incentives to learn Lithuanian as the
official language of the State; they have asserted that no one
would be dismissed solely because of an inability to meet the
language requirement.
     People with Disabilities
The Law on Integrating Disabled People, passed in 1991,
provides for a broad category of rights and government benefits
to which disabled people are legally entitled.  However, given
severe budgetary constraints, the Government has been able to
allocate only modest sums towards implementation of the law.
The equivalent of $3.25 million was disbursed in 1994.  A
considerable portion of this sum was channelled through a
number of social organizations representing the disabled.
Government funds, for example, were provided to groups that
drafted labor contracts for disabled workers in different
sectors of the national economy.
Section 6  Worker Rights
     a.  The Right of Association
The 1991 Law on Trade Unions and the Constitution recognize the
right of workers and employees to form and join trade unions.
The Law on Trade Unions formally extends this right to
employees of the police and the armed forces, although the
Collective Agreements Law of 1991 does not allow collective
bargaining by government employees involved in law enforcement
and security-related work.
In 1990 the Lithuanian branch of the U.S.S.R.'s All-Union
Central Council of Trade Unions, grouping 23 of 25 trade
unions, renamed itself the Confederation of Free Trade Unions
(CFTU) and began asserting increased independence from its
Soviet parent.  In 1993 the CFTU joined eight other unions that
also had been a part of the All-Union Central Council to form
the Lithuanian Trade Union Center (LTUC).
The Lithuanian Workers Union (LWU) was formed in 1990 as an
alternative to the CFTU.  Unlike the CFTU/LTUC, the LWU was an
early supporter of Lithuanian independence from the Soviet
Union and actively sought Western free trade union contacts.
The LWU now claims a dues-paying membership of 50,000 organized
in 35 regional groupings.
There are no restrictions on unions affiliating with
international trade unions.
The Law on Trade Unions and the Constitution provide for the
right to strike, although public officials providing essential
services may not strike.  There were fewer strikes in 1994 than
in 1993.
     b.  The Right to Organize and Bargain Collectively
The Collective Agreements Law provides for collective
bargaining and the right of unions to organize employees,
although several provisions reportedly hinder the establishment
of new union organizations.  According to the Law, unions, in
order to be registered, must have at least 30 founding members
in large enterprises or have a membership of one-fifth of all
employees in small enterprises.  Difficulties commonly arise in
state enterprises in which employees are represented by more
than one union.  LWU officials charge that managers in some
state enterprises discriminate against LWU organizers and have
on occasion dismissed employees in retribution for their trade
union activities.  The LWU also charges that the judicial
system is slow to respond to LWU grievances regarding
dismissals from work.  LWU representatives charge that state
managers sometimes prefer the CFTU/LTUC over the LWU unions as
collective bargaining partners.
In general, trade union spokesmen say that managers often
determine wages without regard to trade union wishes, except in
larger factories with well-organized trade unions.  The
Government issues periodic decrees that serve as guidelines for
state enterprise management in setting wage scales.  The LWU
and the LTUC engage in direct collective bargaining over wages
at the workplace level.  Wage decisions are increasingly being
made at the enterprise level, although government ministries
still retain some control over this sphere in state-owned
enterprises.  The LWU reports that it supplements its
bargaining efforts with active lobbying in government
ministries that own enterprises.  During the first 10 months of
1994, wage increases appear to have been greater than price
rises.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, and this prohibition
is observed in practice.
     d.  Minimum Age for Employment of Children
The legal minimum age for employment of children without
parental consent is 16 years.  The legal minimum age with the
written consent of parents is 14.  Free trade union
representatives assert that the mechanisms for monitoring
minimum age legislation are rudimentary.  Complaints about
infringements of child labor regulations generally are referred
to local prosecutors who investigate the charges and take legal
action to stop violations.  Available evidence suggests that
child labor is rare.
     e.  Acceptable Conditions of Work
The legal minimum wage is $13 (52 litai) per month, while the
average wage in the state industrial sector is $93 (372 litai)
per month.  The Council of Ministers and the Ministry of Social
Protection periodically set the minimum wage.  Every 3 months
these two government bodies must submit their minimum wage
proposals to the Parliament, which has the right to approve or
revise the minimum wage level.  Enforcement of the minimum wage
is almost nonexistent, in part because the Government does not
want to exacerbate the current unemployment problem.  The
40-hour workweek is standard, with a provision for at least one
24-hour rest period.
The Constitution provides that workers have the right to safe
and healthy working conditions.  In 1993 a Labor Safety Law
went into effect, setting down the rights of workers confronted
with hazardous conditions and providing legal protection for
workers who file complaints about such conditions.  The State
Labor Inspection Service, which the Law established, is charged
with implementing the Labor Safety Law.  Regional labor
inspection offices, each of which is staffed by only two or
three officials, are severely understaffed.  They closed 2,756
enterprises or departments of enterprises found to be in
violation of safety regulations during the first 9 months of
1994.  Some 270 persons were fined, and 114 cases were referred
to local prosecutors' offices.  Unsafe conditions caused by
worn, outdated industrial technologies are reportedly
widespread, and 108 work-related deaths were recorded in the
first 9 months of 1994.
LUXEMBOU1
j1j1TITLE:  LUXEMBOURG HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           LUXEMBOURG
Luxembourg is a constitutional monarchy with a democratic
parliamentary form of government.  The role of the Grand Duke
is mainly ceremonial and administrative.  The Prime Minister is
the leader of the dominant party in the popularly elected
Parliament.  The Council of State, whose members are appointed
by the Grand Duke, serves as an advisory body to the
Parliament.  The judiciary is an independent branch.
The Government effectively controls the security apparatus,
which consists of police and gendarmerie.
Luxembourg has a prosperous market economy with active
industrial and services sectors.  Its standard of living and
level of social benefits are high.
The Constitution and laws provide for the full range of human
rights, and the Government respects these rights in practice.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and other cruel punishment, and the
authorities respect these provisions.  Officials immediately
investigated the sole allegation of police mistreatment and
took disciplinary action.  Also in 1994, two police officers
were convicted of mistreating a resident foreigner in 1993;
they were given suspended sentences and required to pay fines.
     d.  Arbitrary Arrest, Detention, or Exile
The law stipulates that judicial warrants are required for
arrests except in cases of hot pursuit.   Within 24 hours of
arrest the police must lodge charges and bring the suspect
before a judge.  Suspects are not held incommunicado.  They are
given immediate access to an attorney, at government expense
for indigents.  The presiding judge may order release on bail.
Exile is never imposed.
     e.  Denial of Fair Public Trial
The independent judiciary is headed by the Supreme Court, whose
members are appointed by the Grand Duke.  Defendants are
presumed innocent.  They have the right to public trial, and
are free to cross-examine witnesses and to present evidence.
Either the defendant or the prosecutor can appeal a ruling;
appeal results in a completely new judicial procedure, with the
possibility that a sentence may be increased or decreased.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides for the right to privacy, and the authorities
respect this.  Police must obtain a judicial warrant in order
to enter a private residence, to monitor private
correspondence, or to conduct electronic surveillance.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for freedom of speech and press, and the
Government does not restrict this freedom.  Print media are
privately owned.  The privately owned national radio and
television company has exclusive television broadcasting rights
within the country.  A new permit system allows establishment
of other private radio stations.  Radio and television
broadcasts from neighboring countries are freely available.
Academic freedom is fully respected.
     b.  Freedom of Peaceful Assembly and Association
The law provides for freedom of peaceful assembly and
association.  The authorities routinely and unconditionally
grant permits for public demonstrations.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government does not hamper exercise of this freedom.  There is
no state religion, but the State pays salaries of Roman
Catholic, Protestant, and Jewish clergy, and several local
governments maintain sectarian religious facilities.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens have full freedom of domestic and foreign travel,
emigration, and repatriation.
The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting
refugees, and does not expel those having a valid claim to
refugee status.  It has taken no action against the more than
200 people from the former Yugoslavia remaining in Luxembourg
after the Government denied them temporary asylum.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Luxembourg is a multiparty democracy.  Suffrage is universal
for citizens aged 18 and above, and balloting is secret.
National parliamentary elections are held every 5 years.
Women are active in political life.  There are 7 women in
Parliament (including its President), 2 in the Cabinet, and
3 in the European Parliament, and the mayors of several major
municipalities, including the capital, are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government does not restrict the activities of domestic or
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits racial, sexual, or social discrimination, and
the Government enforces these provisions.  Blatant societal
discrimination occurs only rarely.
     Women
Women enjoy the same property rights as men.  In the absence of
a prenuptial agreement, property is equally divided upon
dissolution of a marriage.
The law mandates equal pay for equal work.  To date there have
been no work-related discrimination suits.  While the number of
working women remains relatively low, the percentage of women
who work has more than doubled over the past two decades, and
increasing numbers of women hold prominent positions in
medicine, law, journalism, and other professions, as well as in
public service.  Latest official data indicate that from 1970
to 1991, the percentage of women aged 30 working outside the
home rose from 28 percent to 58 percent, while for women aged
40, the rate increased from 21 percent to almost 53 percent.
Violence against women is not widespread, and neither society
nor the Government is tolerant of it.  The Government
prosecutes persons accused of violence against spouses or other
women, but cases are rare.  Several women's rights groups aid
battered women.
     Children
Child abuse does not appear to be widespread, and laws against
child abuse are enforced.  The Association for the Prevention
of Child Abuse, a government organization created in 1984,
estimates there may be some 200 cases a year.  The Association
works closely with other social service organizations and
maintains a hot-line for victims or witnesses.
     National/Racial/Ethnic Minorities
Although foreigners constitute over 30 percent of the total
population, antiforeigner incidents are infrequent and rarely
involve violence.  Resident "skinheads" and neo-Nazis are few.
In August the police rapidly dispersed and deported over 150
neo-Nazis from surrounding countries who attempted to stage
racist demonstrations in Luxembourg.
     People with Disabilities
National legislation does not directly mandate accessibility
for the disabled, but the Government pays subsidies to builders
to construct "disabled-friendly" structures.  Despite
government incentives, only a modest proportion of buildings
and public transportation have been modified to accommodate
people with disabilities.
The Government helps disabled persons obtain employment and
professional education.  By law, businesses and enterprises
with at least 25 employees must fill a quota for hiring
disabled workers, and must pay them prevailing wages.  The
quota is fixed according to the total number of employees, and
employers who do not fulfill them are subject to sizable
monthly fines.  There have been no known complaints of
noncompliance.
Section 6  Worker Rights
     a.  The Right of Association
All workers have the right to associate freely and choose their
representatives.  About 65 percent of the labor force is
unionized.  Membership is not mandatory.  Unions operate free
of governmental interference.  The two largest labor
federations are linked to, but organized independently of,
major political parties.  The law prohibits discrimination
against strikes and strike leaders, and a labor tribunal deals
with complaints on these matters.
All workers have the right to strike except for government
workers providing essential services such as police, armed
forces, and hospital personnel.  However, strikes are rare;
none occurred in 1994.
Unions maintain unrestricted contact with international
bodies.
     b.  The Right to Organize and Bargain Collectively
The law provides for and protects collective bargaining, which
is conducted in periodic negotiations between centralized
organizations of unions and employers.  Enterprises having 15
or more employees must have worker representatives to conduct
collective bargaining.  Enterprises with over 150 employees
must form joint works councils composed of equal numbers of
management and employee representatives.  In enterprises with
more than 1,000 employees, one-third of the membership of the
supervisory boards of directors must be employees'
representatives.
The law provides for adjudication of employment-related
complaints, and it authorizes labor tribunals to deal with
them.  A tribunal can impose a fine on an employer found guilty
of antiunion discrimination, but it cannot require the employer
to reinstate a worker fired for union activities.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and neither
occurs.
     d.  Minimum Age for Employment of Children
The law prohibits employment of children under age 15, and
requires children to remain in school until age 16.
Apprentices who are 15 or 16 years old must attend school in
addition to their job training.  Adolescent workers under age
18 receive additional legal protection, including limits on
overtime and the number of hours that can be worked
continuously.  The Ministries of Labor and of Education
effectively monitor the enforcement of national child-labor and
education laws.
     e.  Acceptable Conditions of Work
The law provides for minimum wage rates at levels that vary
according to the worker's age and number of dependents.  The
minimum for a single worker over age 17 is approximately $7.49
per hour (238.81 Luxembourg francs).  Supporting a family is
difficult on the minimum wage, but most employees earn more
than the minimum.
National legislation mandates a workweek of 40 hours.  Premium
pay is required for overtime or unusual hours.  Employment on
Sunday is prohibited except in continuous-process industries
(steel, glass, and chemicals) and for certain maintenance and
security personnel.  Employment on Sunday must be voluntary and
compensated at double the normal wage; and the employee must be
given compensatory time off on another day, equal to the number
of hours worked on Sunday.  The law requires rest breaks for
shift workers, and limits all workers to a maximum of 10 hours
per day including overtime.  All workers receive at least 5
weeks of paid vacation yearly, in addition to paid holidays.
The law mandates a safe working environment.  An effective
inspection system provides severe penalties for infractions.
The Labor Inspectorate of the Ministry of Labor, and the
Accident Insurance Agency of the Social Security Ministry,
effectively carry out their inspections.
No laws or regulations specifically guarantee workers the right
to remove themselves from dangerous work situations without
jeopardy to continued employment, but every worker has the
right to ask the Labor Inspectorate to make a determination,
and the Inspectorate usually does so expeditiously.
MACAU1
STITLE:  MACAU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             MACAU
Macau, a tiny enclave on the south China coast encompassing
only 6 square miles, is recognized by both China and Portugal
as Chinese territory under Portuguese administration.  The
"Organic Statute" of 1976, which serves as Macau's
Constitution, grants it considerable administrative, financial,
and legislative autonomy.
Legislative power is shared between the Portuguese Government
and Macau's Legislative Assembly.  The Governor, appointed by
the Portuguese President, holds expansive powers under the
statute.  Portuguese metropolitan law serves as the basis for
the legal system, which features a judiciary and jury trials.
The police force is under the control of the civilian
authorities.
Under the 1987 Sino-Portuguese Joint Declaration, Macau will
become a Special Administrative Region (SAR) of China on
December 20, 1999, and operate under the principle of "one
country, two systems," to remain unchanged for 50 years.  The
Macau SAR's future Constitution, called the "Basic Law," was
promulgated on March 31, 1993.
Macau's economy is fueled by legalized gambling, which has
produced a thriving tourist industry, and by the export of
textiles and other light industrial products.  With a
population of approximately 400,000 people, Macau has a per
capita gross domestic product of approximately $14,100.
Although Macau citizens derive a wide range of rights and
freedoms from Macau's status as a Portuguese territory, they
have limited ability to change their government.  The Governor
is appointed by the Portuguese President, only a third of the
legislators are directly elected, and the territory's future
path has been set by Lisbon and Beijing.  China, through the
Basic Law, has agreed to continue the application of
international covenants on civil and political rights and on
economic, social, and cultural rights after 1999.  The
involuntary transfer by Macau police to Chinese authorities of
an Australian citizen of Chinese ancestry drew international
criticism in 1994.  In addition, human rights advocates and
journalists believe that the 1993 reorganization of Macau's
judiciary has resulted in a significant erosion of judicial
independence and contributed to journalistic self-censorship
which has increased as the day of reversion approaches.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Such abuses are prohibited by law, and this prohibition is
respected.
     d.  Arbitrary Arrest, Detention, or Exile
Legal prohibitions against arbitrary arrest exist.  The
examining judge, who conducts a pretrial inquiry in criminal
cases, has a wide range of powers to collect evidence, order or
dismiss indictments, validate and maintain the detention of
suspects, and determine whether to release accused persons.
Police must present persons remanded in custody to an examining
judge within 48 hours of detention.  The accused's counsel may
examine the evidence.  If the judge is not convinced that the
evidence is adequate he may dismiss the accused.
Macau police on a number of occasions reportedly have detained
residents and visitors for alleged commercial and criminal
violations in China and handed over these persons to Chinese
authorities for incarceration in China, despite the absence of
a Sino-Portuguese extradition treaty.  This practice recently
drew international attention when James Peng, an overseas
Chinese businessman traveling on an Australian passport, was
removed from his room in a Macau hotel and transported to China
for detention for an indefinite period.  According to his
lawyer, Peng's requests for legal representation and contact
with the Australian Consulate were denied.  At year's end, he
remained in jail after waiting more than 12 months for charges
to be filed against him.  Despite the fact that a trial was
held in November, announcement of the verdict has been
postponed pending review of the proceedings by authorities in
Beijing.  The Chinese Government notified Peng recently of its
decision to bring new charges against him related to
allegations of nonpayment of his parents' rent in Shenzhen
(China).
Another extradition issue concerns the recent extradition to
China of two prisoners accused of crimes that in China are
punishable by the death penalty.  In this case, the Macau
Supreme Court authorized the extradition, despite Article 33 of
the Portuguese Constitution which forbids the extradition of
persons to countries which practice the death penalty.  This
case has been appealed to the European Human Rights Commission
in Strasbourg and to the Constitutional Court in Lisbon.  A
decision is expected in early 1995.  Macau authorities have not
approved any extraditions pending this decision.
Exile is not practiced.
     e.  Denial of Fair Public Trial
Macau law provides for a fair trial.  Journalists and human
rights activists claim that the judicial branch reorganization
implemented in 1993 has eroded the independence of the
judiciary.  Oversight bodies established to recommend judicial
appointments and reappointments are comprised of a majority of
nonmagisterial members who have strong ties to the executive
branch and to China.  Human rights advocates and journalists
believe that this increased executive influence over the
judiciary has prejudiced court decisions, particularly the
prosecution of journalists for charges of defamation and abuse
of press freedom.  In one current case involving freedom of the
press, the judge who will determine the outcome of the case
against the journalist will have his reappointment decided by
an oversight panel whose membership includes the same person
who originally brought the charges against the journalist.
Juries determine questions of fact in criminal cases.  At
present, Macau's courts are semi-autonomous from the Portuguese
judicial system.  Macau's Supreme Court was established in
April 1992.  In cases involving "basic rights of the citizen,"
defendants still can appeal to Portugal's Constitutional Court,
which may overturn all lower court rulings.  After reversion,
when the Macau judicial system becomes completely autonomous,
the power of final adjudication in the Macau SAR will be vested
in Macau's court of final appeal.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Laws provide for the inviolability of the home and of
communication, the right of ownership of private property and
enterprises, and the freedom to marry and raise a family.
There is no indication of abuses of these rights by the
Government.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Journalists and human rights activists believe the practice of
both academic and media self-censorship is increasing in Macau
as reversion approaches.  The Government owns a majority share
of the radio and television service.
Most of Macau's newspapers appear to be pro-China publications
which critics charge do not give equal coverage to liberal and
prodemocracy voices.  Journalists assert that self-censorship
is growing among newspaper reporters, some of whom express
fears that they will lose their jobs if they criticize China or
government policy.  In 1994 seventeen journalists issued a plea
for Portuguese President Mario Soares to investigate violations
of press freedom in Macau.  The journalists accused the Macau
government radio station of suppressing broadcasting of the
journalists' accusations, including complaints that the 1992
revision of the judicial system "fails to safeguard fundamental
rights" set out in the Sino-Portuguese Joint Declaration.
Since the beginning of 1994, the Government has markedly
increased its prosecution of journalists on charges of abuse of
press freedom.  In the previous 3 years, three complaints of
abuse of press freedom were prosecuted.  Since January the
Government brought eight cases against journalists for
criticizing the Government or persons appointed by the
Government to high-level positions.  Macau government executive
branch appointees are complainants in these.  Reporters and
human rights advocates believe that the executive branch
influenced judicial handling of these cases through the
recently established judicial council of Macau, largely
comprised of pro-Government and pro-China persons who make
recommendations on the appointment and reappointment of
judges.  As noted above (Section 1.e.), reporters and human
rights advocates have expressed concern that the person who
filed the complaint in a current case against a reporter also
sits on the panel which will recommend tenure for the judge
deciding the case.
There are signs that constraints on academic freedom of speech
are beginning to emerge.  The participant list for an academic
conference on public administration held in Macau in 1994 was
submitted in advance to the New China News Agency (NCNA) office
in Macau for approval.  Some academics acknowledge that they
avoid research on controversial topics which might entail
criticism of China.
     b.  Freedom of Peaceful Assembly and Association
The Government respects legal guarantees of these freedoms.
Although it restricts demonstrations to a limited number of
"approved locations" with sufficient space to accommodate the
crowds and continues to ban any protests within 30 meters of
government buildings, the list of approved sites includes the
square in front of city hall and other central city locations.
     c.  Freedom of Religion
Members of all religions practice their faiths freely.
     d.  Freedom of Movement Within the Country.  Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on movement within the enclave;
emigration and foreign travel are unlimited.  The Government
reports that about 105,000 of Macau's 400,000 inhabitants have
the right of abode in Portugal.
The Government's official policy since 1982 has been to refuse
asylum to all Vietnamese boat people arriving in Macau waters.
With the approach of Macau's and Hong Kong's reversion to
China, Vietnamese boat people prefer to travel further north to
Japan and Korea.  Only three or four boat people remain in
Macau.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have a limited ability to change their government.  In
a by-election in the summer of 1992, six members were added to
the Legislative Assembly (two appointed, two elected, two
indirectly elected through limited membership organizations
recognized by the Government).  The 23-member Legislative
Assembly is composed of 8 members elected in universal direct
elections; 8 indirectly elected by local community interests;
and 7 appointed by the Governor.  The Consultative Council, an
advisory group to the Governor composed of elected and
appointed members, also provides some measure of popular
representation.  By tradition, the Government also consults
informally on a regular basis with local business and cultural
leaders.
Some independent political candidates charge that the Macau
Government unfairly assists progovernment candidates in
elections to the Legislative Assembly.  Government funds
allocated to neighborhood associations are used to pay for free
meals and gifts to win voter support for progovernment
candidates.  Similar treatment is not extended to candidates
who are critical of the Government or China.
Although women traditionally have played a minor role in local
political life, they increasingly are being found in senior
positions throughout the administration.  The Legislative
Assembly has three female members including the President of
the Assembly, which is the second most senior position.  The
Under Secretary for Health and Social Affairs is a woman, and
other high-level positions in administrative ministries,
including education and statistics, are filled by women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Macau human rights organizations in 1994 claimed that the
Government attempted to punish a public school teacher for her
involvement in Amnesty International activities in Macau.
Human rights advocates both in Macau and Lisbon strongly
protested a government decision to discontinue her contract.
Subsequently, Macau government officials notified the teacher
that she could continue her employment with the Government.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women are becoming more active and visible in business and
government, and some enjoy considerable influence and
responsibility in these areas.  Anecdotal information indicates
women in the private sector do not receive equal pay for equal
work.  Statistical evidence on this issue is not available.
Cases of violence against women are not common.  For cases that
are reported, Macau's criminal statutes prohibiting domestic
violence are enforced and violators prosecuted.  Police and
doctors report abuses to the Social Welfare Department, which
investigates them.  If hospital treatment is required, a
medical social worker counsels the victim and informs her about
social welfare services.  Until their complaints are resolved,
battered women may be placed in public housing, but no
facilities are reserved especially for them.
     Children
Child abuse and exploitation are not widespread problems in
Macau.  While the Government provides some funds for children's
welfare and protection services, most such services are
provided by nongovernmental entities such as churches and
community organizations.  The Government has not promulgated
any statutes specifically to protect the rights of children,
relying on the general framework of civil and political rights
legislation to protect all citizens.
     National/Racial/Ethnic Minorities
The law guarantees freedom from discrimination.  Although
Macau's governmental and legal systems place a premium on
knowledge of the Portuguese language, which is spoken by less
than 4 percent of the population, the official use of Chinese
in the civil service is growing.
There is significant public pressure for the Government to
speed up the process of making the civil service more
representative of the population; however, the pace of
localization has been very slow.  In January 1993, the
Government gave the Chinese language official status and the
same legal force as Portuguese.
     People with Disabilities
The extent to which physically disabled persons experience
discrimination in employment, education, and the provision of
state services is not known.  The Government gives little
attention to the subject, and there is little funding for
special programs aimed at helping the physically and mentally
disabled gain better access to employment, education, and
public facilities.  The Government has not mandated
accessibility for the disabled legislatively or otherwise.
Section 6  Worker Rights
     a.  The Right of Association
Macau labor law recognizes the right and freedom of all workers
to form and join trade unions and of private sector unions to
strike.  The Government neither impedes the formation of trade
unions nor discriminates against union members.
Mainland Chinese interests heavily influence local trade union
activities, including the selection of union leadership, and
stress the importance of stability and minimum disruption of
the work force.  Nearly all of Macau's 7,000 private sector
union members belong to a pro-China labor confederation.  Many
local observers claim that this organization is more interested
in furthering the Chinese political agenda in Macau than in
addressing classic trade union issues.  A few private sector
unions and two of the four public sector unions are outside
Chinese control.  Although the Portuguese Constitution
guarantees workers the right to strike, labor leaders in Macau
complain that there is no effective protection from retribution
should they exercise this right.
Macau unions may freely form federations and affiliate with
international bodies.  Three civil service unions are
affiliated with the major non-Communist Portuguese union
confederation.
     b.  The Right to Organize and Bargain Collectively
Unions tend to resemble local traditional neighborhood
associations, promoting social and cultural activities rather
than issues relating to the workplace.  Local customs,
moreover, normally favor employment without the benefit of
written labor contracts--except in the case of labor from
China.  Unions traditionally have not attempted to engage in
collective bargaining.  Portuguese laws protecting collective
bargaining apply to Macau and the Government does not impede or
discourage it.  No rules apply to the setting of wages and no
minimum wage exists for local or foreign workers.
However, a significant amount of the total work force
(approximately 16 percent) is composed of laborers from China
and other countries who fill both blue- and white-collar
positions.  These workers often work for less than half the
wages paid to a Macau resident performing the same job, live in
controlled dormitories, work 10 to 12 hours a day, and owe
large sums of money to the labor importing company for the
purchase of their job.  The high percentage of imported labor
erodes the bargaining power of local residents to improve
working conditions and increase wages.  The total number of
imported laborers is 28,000, out of a total employed work force
of approximately 171,000.  There are no government mechanisms
to prevent voluntary negotiations.
The law prohibits antiunion discrimination and there were no
complaints of it in 1994.
There are no export processing zones; all of Macau is a free
port.
     c.  Prohibition of Forced or Compulsory Labor
Compulsory labor is illegal and does not exist.
     d.  Minimum Age for Employment of Children
The law forbids minors under the age of 15 to work--except in
businesses operated by their families.  The Macau Labor
Department which enforces this law refers offending employers
to the judicial authorities for prosecution.  The Labor
Department claims that the incidence of child labor has
declined radically since effective enforcement began in 1985.
Throughout 1993 and up to October 1994, the Macau courts
received no complaints of child labor violations.  School
attendance in Macau is not compulsory.
     e.  Acceptable Conditions of Work
In the absence of any statutory minimum wage or publicly
administered social security programs, some large companies
have provided private welfare and security packages.  Calls for
labor reform, medical insurance, a social security system, and
increases in employee compensation figure regularly in
political campaign platforms.  To offset a current labor
shortage, the Government allows the importation of labor from
China and other countries under contract, while at the same
time imposing heavy fines on employers harboring illegal
immigrants.
Labor legislation provides for a 48-hour workweek, an 8-hour
workday, overtime, annual leave, medical and maternity care,
and employee compensation insurance.  Although Article 17 of
Macau's labor law provides a 24-hour rest period for every 7
days of work, worker representatives report that workers
frequently agree to work overtime to compensate for low wages.
The Department of Labor provides assistance and legal advice to
workers on request, but government enforcement of labor laws is
lax because of limited resources.  According to government
statistics for 1993, 32.7 percent of the work force worked
7 days per week.
The Department of Labor enforces laws on occupational safety
and health.  According to the Government, 625 infractions of
occupational safety and health laws had occurred up to
October.  This number represents approximately a 50 percent
decrease from the previous year.  Failure to correct
infractions leads to government prosecution.  Although a recent
law states that employers should provide safe working
conditions, no guarantee exists to protect employees' right to
continued employment if they refuse to work under dangerous
conditions.
MACEDONI1
kfkfTITLE:  FORMER YUGOSLAV REPUBLIC OF MACEDONIA HUMAN RIGHTS
PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
             FORMER YUGOSLAV REPUBLIC OF MACEDONIA
The Former Yugoslav Republic of Macedonia (FYROM), which became
independent following the breakup of Yugoslavia, is a
parliamentary democracy.  President Kiro Gligorov, elected by
Parliament in 1990, was directly reelected in October.  In
multiparty parliamentary elections, which international
monitors judged generally free and fair despite numerous
procedural irregularities, the Social Democratic Alliance of
Macedonia, the former Communist party, emerged with a clear
majority.
The Ministry of Internal Affairs oversees the security
apparatus, including uniformed police, border police, and the
state intelligence service.  A civilian minister directs the
Ministry, and a parliamentary commission oversees operations.
Historically, FYROM was the poorest of the Yugoslav republics,
and its economy was closely tied to the other republics,
especially Serbia.  Conflict in the region and international
sanctions imposed on Serbia-Montenegro have led to severe
economic difficulties.  In February Greece imposed a trade
embargo on FYROM in a dispute over the country's name, flag,
and constitution, which contributed to a sharp drop in gross
domestic product.  Official unemployment is about a third of
the work force.  Major exports are manufactured goods and
machinery and transport equipment.
The human rights situation in the FYROM is impaired by delay in
the enactment of legislation to provide mechanisms for
implementing the rule of law and protection of human rights
provided for in the Constitution.  Police occasionally abuse
detainees and reportedly harass the political opposition.  They
also do not abide strictly by constitutional provisions
regarding arraignment of the accused, the maximum period of
pretrial detention, and the accused's right to counsel at the
time of arrest.
Minorities, including ethnic Albanians, Turks, and Serbs, have
raised various allegations of human rights violations and
discrimination.  Ethnic Macedonians occupy preeminent positions
in state institutions, including state-owned companies.  Ethnic
Albanians continue to demand increased Albanian-language
education, greater representation in public sector jobs, and
improved access to the media.  The Government has agreed in
principle to many of these demands but has done little, citing
resource constraints as the reason.
Ethnic Albanians dispute unofficial 1994 census figures that
credit them with 22.9 percent of the population, and claim to
constitute up to 40 percent of the population.  Nevertheless,
the 1994 census, carried out with the assistance of the Council
of Europe, was generally pronounced to have been satisfactory
by European experts who monitored it.
Underlying ethnic tension did not produce any major clashes
during 1994.  Tensions flared temporarily when a fight between
groups of Macedonians and ethnic Albanians resulted in the
death of a Macedonian youth.  It appeared, however, that the
fight was not ethnically motivated but rather a clash between
two gangs known to the police.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reported disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits such treatment and punishment.
However, police occasionally used excessive force against
criminal suspects following their arrest.  In April Jove
Bojkovski was reportedly fired at and severely wounded while in
police custody.  He also alleges that he was severely
mistreated during his 4 days of detention.  Police state that
he was in custody during the alleged period but that the
gunshot wound was self-inflicted.
Of 10 ethnic Albanians charged with conspiracy in the so-called
Albanian Paramilitary affair, 9 alleged mistreatment by the
police over a period of 3 days.  Their complaints were
consistent and credible (see Section 1.e.).  The Government
rejected the allegations and took no action against the police
in this case.
Government sources stated that allegations of excessive force
during the first 9 months of 1994 resulted in the conviction of
four policemen on criminal charges and the punishment of two by
administrative means.
     d.  Arbitrary Arrest, Detention, or Exile
There were no confirmed reports of arbitrary arrest or
detention, although opposition political parties have alleged
police harassment of their members.  There is no systematic use
of detention as a form of nonjudicial punishment.
Incommunicado detention is not practiced.
The Constitution states that a person must be arraigned in
court within 24 hours of arrest, but police do not always meet
this deadline for filing charges.  The Constitution also sets
the maximum duration of detention pending trial at 90 days.
However, prisoners in the Albanian Paramilitary case, accused
of fomenting an armed uprising against the Government, were
held for almost 7 months before their trial began in May.
The accused must be informed of his or her legal rights and the
reasons for arrest or detention.  The accused is entitled to
contact a lawyer at the time of arrest and to have a lawyer
present during police and court proceedings.  The police
ignored this provision in their initial interrogations of those
accused in the Albanian Paramilitary case.  The prisoners
claimed they were held incommunicado and mistreated for 3 days
before being formally charged and sent to a pretrial detention
facility.  According to human rights observers and criminal
defense attorneys, police often violate the 24-hour requirement
and deny immediate access to an attorney.
Although the law requires judicial warrants for arrests, police
sometimes ignore this provision, and judges issue the warrant
only some time after the arrest has taken place.
     e.  Denial of Fair Public Trial
Constitutionally, the courts are autonomous and independent.
Municipal and district courts and the Supreme Court form a
three-tier court system.  A Constitutional Court deals with
matters of constitutional interpretation.  Political
considerations do not appear to influence most trials, but
there was one major exception during the year.
The Albanian Paramilitary case, which was tried in Skopje in
May and June, was at least in part politically motivated.  The
prosecution presented substantial evidence that most, if not
all, of the 10 defendants had committed firearms and hard
currency trading offenses.  However, there was some indication
that the arrests and prosecution of a Deputy Minister of
Defense and a former secretary general of the National
Democratic Party (PDP), a party representing ethnic Albanians,
may have taken place as a result of political intrigue
involving the Government and the PDP, apparently maneuvering
over jobs.
The prisoners were held for almost 7 months before the trial.
During the trial, defense attorneys were not permitted to call
several witnesses for the defense or to have independent
experts examine the evidence.  The court allowed confessions
alleged by the defendants to have been coerced to be admitted
into evidence.  The defendants claimed that they were acting
purely in self-defense against the Yugoslav army, and that they
had ceased their activities when FYROM's own army was formed
over 2 years ago.  The defendants were convicted on all counts
and sentenced to terms ranging from 5 to 8 years.  The case is
now on appeal.
There is a widespread credible perception that bribery is not
uncommon in the courts in FYROM.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the right to privacy of person,
home, and correspondence.  Although no instances of abuses were
substantiated, officials of the rightwing opposition Internal
Macedonian Revolutionary Organization (VMRO) charged that the
state security service tapped their telephones
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and public
information, as well as freedom to establish private media
outlets, and forbids censorship.  The Government generally
respected these freedoms.
There are daily newspapers in Skopje, the capital, and in other
cities, as well as numerous political and other publications.
An Albanian and a Turkish newspaper, which the Government
subsidizes, have nationwide distribution.  The bulk of
newspapers and magazines published in the country are
government owned and government oriented.
Opposition parties made alleged government control and
manipulation of the media a major theme of their October
election campaigns.  The state-owned media reported such
charges and in general did a creditable job of covering the
rallies, statements, and press conferences of all the major
parties running in the elections.  The overall balance of
coverage, however, was in favor of the Government.
The Government owns the only modern, high-speed printing plant
in the country, as well as most newspaper kiosks.  Opposition
groups complain that the company charges high prices for the
services of the printing plant.
Newspapers may be imported from Bulgaria, Serbia, Albania, and
Greece only with the permission of the Ministry of Internal
Affairs.
Ethnic Albanians complain that there are not enough Albanian-
language media outlets.  The Government provided funds to make
the state-owned Albanian-language newspaper, Flaka, a daily
rather than a thrice weekly publication.  The Government has
also agreed in principle to increase the minimum amount of
broadcast time in the Albanian language on state television
(5 hours weekly).
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government
respects them.  Organizers of large assemblies must notify
police in advance, but permits are usually granted.  Dozens of
opposition rallies occurred during the election campaign with
no major incidents, as did a large antigovernment demonstration
to protest alleged election fraud in October.  The opposition
held mock protest balloting to mark their boycott of the second
round of elections October 30; these rallies were also peaceful.
The Political Party Registration Law requires political parties
and nongovernmental organizations to register with the Internal
Affairs Ministry.  About 70 political parties are registered,
including ethnically based parties of Albanians, Turks, Serbs,
and Roma.  After a split in the largest Albanian party in
February, the Ministry denied registration to the "radical"
faction of the party under the party's original name, ruling
that the name belonged to the original faction of the party.
Candidates of the "radical" faction ran as independents in the
October elections.  Later in the year, many political parties
experienced technical difficulties in reregistering, but there
was no indication that this was politically motivated.
     c.  Freedom of Religion
The Government does not generally interfere with the practice
of religion.  However, the refusal of the Serbian Orthodox
Church in Serbia-Montenegro to recognize the independence of
the Macedonian Orthodox Church has led to difficulties for
Serbs in FYROM to worship in their own church.  On a number of
occasions, the Government has refused Serbian Orthodox priests
permission to enter the country, and one priest was arrested
for "fomenting ethnic hatred" and forbidden to practice as a
priest for 1 year.
While only the Macedonian Orthodox Church is mentioned by name
in the Constitution referring to the freedom of religion, it
does not enjoy a special status.  However, members of other
religious communities credibly charge that the Government
actions on its behalf reflect its favored position in the
country.
All churches and religious communities may establish religious
schools and social and philanthropic organizations, but no
religious schooling is provided for in the law.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are permitted free movement within the country as well
as the right to leave and return.  The Government may restrict
these rights for security, public health, and safety reasons
but fully respects them in practice.  The law on citizenship is
highly restrictive.  It requires 15 years of residence, thus
denying citizenship to some citizens of the former Yugoslavia
who lived legally in FYROM at the time of independence.  Ethnic
Albanians are especially affected by this law.  When the last
old Yugoslav passports expired in 1994, those without
citizenship were left without travel documents.
Ethnic Albanian political leaders also charge that Ministry of
Internal Affairs officials responsible for making decisions
about citizenship discriminate against ethnic Albanian
applicants.  These officials appear to be more exacting in
their documentary requirements, fail to act on applications
expeditiously, and reportedly demand bribes in return for a
favorable decision.
While FYROM accepted a number of refugees from Croatia and
Bosnia at the start of the conflict in the former Yugoslavia,
it restricted entry of additional refugees in 1992 and now
accepts only citizens and other former residents of FYROM for
repatriation.  The Government is concerned about the
possibility of a flood of refugees from neighboring Kosovo in
the event of violence there, a possibility that many fear would
upset the ethnic balance in FYROM and be a disastrous blow to
its economy.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens directly elected a President for the first time in
October, and at the same time chose a new Parliament in the
second multiparty elections in the country's postwar history,
the first since independence.  Opposition groups charged the
Government with massive fraud and announced a boycott of the
second round.  International monitors, under the auspices of
the Council of Europe and the Conference on Security and
Cooperation in Europe (CSCE), judged the elections generally
free and fair despite widespread irregularities attributed to
careless organization.
Ethnic minorities, including Albanians, Turks, Serbs, and Roma,
have political parties to represent their interests.
Minorities complained that the political structures were biased
against them:  Albanians credibly claimed that Albanian-
majority districts had far more voters than Macedonian ones,
thus violating the "one-person, one-vote" principle.  The
ethnic Turkish and Serbian communities were disappointed
because the previous Parliament had failed to pass a new
election law providing for 20 seats to be elected by
proportional representation, thus depriving their dispersed
members from electing a candidate on an ethnic basis.  Ethnic
Albanians complained that discrimination against them in
citizenship decisions effectively disfranchised a large portion
of their community (see Section 2.d.).
The unicameral Parliament of 120 members, elected for a 4-year
term, governs the country.  The Prime Minister is selected by
the party or coalition that can produce a majority in
Parliament and is formally appointed by the President, who is
Head of State and commander in chief of the armed forces.
Government ministers may not be members of Parliament
(M.P.'s).  Following an opposition boycott, the three-party
ruling coalition, the Alliance for Macedonia, took 95 of the
120 parliamentary seats.  The Alliance formed a Government that
also includes ministers from the ethnic Albanian PDP.
There are no formal restrictions on the participation of women
in politics and government.  There are 2 female ministers (out
of 19) and 4 female M.P.'s (out of 120).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Human rights groups and ethnic community representatives meet
freely with foreign representatives without government
interference.  Human rights groups that exist in the FYROM are
conspicuous by the low level of their activity.  There is no
indication that this is the result of government hindrance of
the groups.  The Forum for Human Rights, a nongovernmental
human rights group, operates freely.  The Government does not
oppose visits or investigations by international human rights
groups.  The mediator on ethnic issues of the International
Conference on the Former Yugoslavia has visited the country
frequently to discuss various issues with representatives of
minority groups and with the Government.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution guarantees equal rights to all citizens
regardless of sex, race, color of skin, national and social
origin, political and religious beliefs, property, and social
status.
     Women
Women have the same legal rights as men.  Although Macedonian
society, in both the Muslim and Christian communities, remains
traditionally patriarchal and advancement of women into
nontraditional roles is limited, some professional women have
achieved prominence.  Women's advocacy groups include the Union
of Macedonian Women and the League of Albanian Women in
Macedonia.
A crisis hot line for women was established in Skopje during
1994.
     Children
Limited resources constrain FYROM's strong commitment to the
rights and welfare of its children.  There is no pattern of
societal abuse against children.
     National/Racial/Ethnic Minorities
A variety of national/ethnic groups, mainly Macedonians,
Albanians, Turks, Roma, Serbs, and Vlachs comprise FYROM's
population of 2.2 million.  All citizens are equal under the
law.  The Constitution provides for the protection of the
ethnic, cultural, linguistic, and religious identity of
minorities, including state support for education in minority
languages.  The 13-member Council on Ethnic Relations,
representing the country's main ethnic groups, has not played
an active role.
Ethnic tensions and prejudices are evident.  The Government is
committed to a policy of peaceful integration of all ethnic
groups into society but faces political resistance and the
persistence of popular prejudices in the lower levels of
administration.   Moreover, the Government has had difficulty
providing the additional services sought by minorities, such as
more education in minority languages.
Representatives of the ethnic Albanian community, by far the
largest minority group with about 23 percent of the population,
are the most vocal in charging discrimination.  Expressing
concern about government manipulation of the data, the ethnic
Albanian community boycotted a 1990 census.  Threats of a
boycott also marred to some extent a census held during the
summer of 1994 to correct the situation.  Experts from the
Council of Europe, however, were generally satisfied that the
Government carried out the census fairly and accurately and
that almost all of the ethnic Albanian community took part.
Final results show ethnic Albanians with 22.9 percent of the
population, Turks with 4 percent, Roma 2.3 percent, and Serbs
2 percent.  About 8,500 citizens declared themselves as
Vlachs.
Underrepresentation of ethnic Albanians in the military and
police is also a problem.  Even in areas settled mostly by
ethnic Albanians, only 4 percent of police personnel are ethnic
Albanians.  The Ministry of Internal Affairs maintains that it
is making efforts to recruit qualified ethnic Albanian police
cadets, but ethnic Albanian leaders allege continued
discrimination against those who apply.  Military service is a
universal male obligation, and most young men, whatever their
ethnic origin, serve.  The proportion of ethnic Albanians in
the ranks is now estimated at 25 percent, although in the
officer corps it is lower.
Albanian-language education is a crucial issue for the ethnic
Albanian community in order to preserve Albanian heritage and
culture.  Almost all ethnic Albanian children receive 8 years
of education in Albanian-language schools.  Only a third of
them go on to high school, partly because of the lack of
available classes and partly because in rural areas many ethnic
Albanians see no need to educate their children, especially
girls, beyond the eighth grade.  The right to instruction in a
minority language in primary and secondary school is permitted
by the Constitution, but, by law, university-level education
must be in the Macedonian language.  In December police
partially demolished a small structure that was to house an
Albanian-language university being established by ethnic
Albanians in Tetovo.
Ethnic Turks complain of governmental, societal, and cultural
discrimination, specifically their dispute over the Education
Ministry's refusal to support Turkish-language education for
children who do not speak Turkish.  Parents have banded
together to hire teachers of their own, although the law does
not authorize such practice.
Serbs also complain of discrimination, alleging censorship of
the Serbian press and inability to worship freely in the
Serbian Orthodox Church (see Section 2.c.).  The Ministry of
Internal Affairs acknowledges that it has temporarily banned
some imported Serbian publications.
Roma comprise about 2.3 percent of the population.  There is
little evident tension between the Roma and other communities,
and they have benefited from government provision of
supplementary Roma-language education.  However, the Government
did not publish a promised Roma grammar in 1994.  There is some
Roma-language broadcasting.
     People with Disabilities
Social programs to meet the needs of the disabled exist in
FYROM to the extent that government resources allow.
Discrimination on the basis of disability is forbidden by law.
There are no laws or regulations mandating accessibility for
disabled persons.  Most buildings in the FYROM are not easily
accessible to disabled persons.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides that citizens, except for military
and police personnel and civil servants, have the right to form
and join trade unions.
The Council of Trade Unions of Macedonia (SSM) is the successor
organization to the former Socialist Labor Confederation.  It
maintains the assets of the old unions and is the Government's
main negotiating partner on labor issues.  While its officers
may tend to oppose strikes because of the legacy of the past,
they appear to be genuinely independent of the Government.  An
association of independent and autonomous unions was formed in
1992, and independent unions have been able to organize without
harassment by the Government or SSM.
The Constitution provides for the right to strike, and many
brief strikes occurred in 1994, mainly by employees of
state-owned companies who were receiving their pay months
late.  Often, the companies, cut off by the Greek embargo from
many foreign markets, simply did not have the money to pay
their workers.  Trade unions are free to affiliate
internationally.
     b.  The Right to Organize and Bargain Collectively
The Constitution implicitly recognizes employees' right to
bargain collectively, but collective bargaining is still in its
infancy.  Parliament has not adopted legislation in this area.
Although no law prohibits antiunion discrimination, no
instances were reported in 1994.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Ministries of Labor and Internal Affairs effectively
enforce legal prohibitions against forced labor.
     d.  Minimum Age of Employment for Children
The constitutional minimum age for employment of children is
15.  Younger children, however, are often seen peddling
cigarettes or other small items, or working in family-owned
shops or on family farms.  Children are permitted to work
42-hour weeks but may not legally work at night.  Education is
compulsory through the eighth grade.  The Ministries of Labor
and Internal Affairs are responsible for enforcing laws
regulating the employment of children.
     e.  Acceptable Conditions of Work
The average monthly wage in October was $200 (8,287 denars).
The minimum monthly wage is, by law, two-thirds of the average
monthly wage, or about $133.  The economic crisis meant that
few workers could support a family on their wages alone.
The official workweek is 42 hours, with a minimum 24-hour rest
period and generous vacation and sick leave benefits.
The Constitution calls for safe working conditions, temporary
disability compensation, and leave benefits.  Laws and
regulations on worker safety exist, but credible reports
suggest that the Ministry of Labor and Social Work, which  is
responsible for enforcing regulations pertaining to working
conditions, does not enforce them strictly.
MADAGASC1
cTITLE:  MADAGASCAR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           MADAGASCAR
Madagascar's 2-year transition from the 16-year authoritarian
Socialist rule of Didier Ratsiraka officially ended in 1993
with the fair election of Albert Zafy as President in February
and the selection by the new National Assembly in August of
Francisque Ravony as Prime Minister.  Under the 1992
Constitution, power is divided between the President, the Prime
Minister and his Government, and the National Assembly.  The
year was dominated by the failure of the new leadership to
agree on the pace and scope of a coherent economic reform
(structural adjustment) program in order to come to an
agreement with the International Monetary Fund (IMF) and the
World Bank.  The Ravony Government's decision to devalue the
Malagasy franc in May was an important step in the direction of
an agreement.  Absent appropriate accompanying measures,
however, and with the printing of new money, the resulting
inflation increased resistance to further structural adjustment
measures.  An impasse between opponents and advocates of the
structural adjustment program led in July to a vote on a motion
of censure against the Government in the National Assembly.
The motion failed, but provoked, nonetheless, a cabinet
reshuffle in August, and at year's end the leadership had still
not agreed upon a firm course of action.
The Government further increased civilian control over the
military.  Under the new leadership, mixed commands of
military, gendarmerie, and the National Police are responsible
for internal security.  The Government did not reduce the
overall size of the security forces but did change some of the
key personnel in the 1,800-man Presidential Security Guard,
which had been loyal to Ratsiraka and responsible for violence
aimed at upsetting the electoral process in 1992.  The
intelligence wing, the Directorate General of Internal and
External Investigations and Documentation (DGIDIE), reports to
the President.  There were occasional reports of police
brutality of detainees in 1994, and village-level law
enforcement arrangements known as "dina" were also responsible
for some abuses.
Living standards remained extremely low.  The decision to float
the exchange rate, effectively devaluing the Malagasy franc by
50 percent in May, and the excessive printing of money sharply
reduced consumer buying power.  The economy remains highly
dependent on agriculture, and cash crops such as vanilla and
coffee did relatively well.  However, the major crop, rice,
suffered a larger than usual shortfall because of extensive
cyclone damage early in the year.  Tourism, manufacturing,
mining, and fishing had respectable performances, but these
activities, so far, play a less important role in the economy.
The smuggling of national resources, such as vanilla, gold,
precious stones, and cattle, continued to be a major concern.
Unemployment and underemployment also remained serious
problems, especially among the young (about 60 percent of the
population is under age 25).
The human rights situation generally improved in 1994 with the
absence of violence between "federalist" (pro-Ratsiraka) and
"active forces" (pro-Zafy) militants that punctuated the
previous several years.  Citizens widely exercised freedoms of
speech and assembly.  The democratically elected National
Assembly consolidated its new constitutional role and was a
forum for public and wide-ranging debate.  Over objections of
the Government, the National Assembly voted in October to make
the Office of the Mediator the official constitutional promoter
and protector of human rights.  Advances in press
professionalism and in civic education also contributed to a
wider awareness and public discussion of human rights issues.
However, there continued to be human rights abuses, notably in
the law enforcement and judicial systems.  Traditional local
law enforcement groups were responsible for at least two
incidents of summary executions.  In the overburdened formal
court system, the accused continued to remain in prison for
lengthy pretrial periods, often exceeding the maximum penalty
for the alleged offense.  Prison conditions are deplorable, and
in some prisons women may experience physical abuse, including
rape.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known political or extrajudicial killings by
government forces.  However, to combat rising crime,
traditional law enforcement groups at the village level, known
as dina, continued to mete out summary justice, including at
least two summary executions (see Section 1.e.).  For example,
in October in the village of Ambalakely (province of
Fianarantsoa), a dina posse forcibly seized, and reportedly
executed a known thief who was in police custody for his latest
alleged offense.  In response, the Government arrested six
members of the posse on manslaughter charges.  At the end of
the year, the posse members were being held pending trial.
There was speculation that the beating death of radio
journalist Victor Randrianirina in August was linked to
Randrianirina's reporting on sapphire smuggling in Madagascar.
The authorities continued to investigate but had not made any
arrests by year's end.
While ostensibly still pending, there has been no progress in
the Government's investigation into serious 1991, 1992, and
1993 incidents in which Government security forces killed or
injured unarmed civilians.  At year's end, the Government had
not released any official report or made arrests in a case
involving the deaths of more than 30 demonstrators who were
killed by then president Ratsiraka's guards at the Iavoloha
palace on August 10, 1991.  However, the Government named a
formal commission in September to investigate this incident,
and public hearings were planned for early 1995.  There was no
progress on an investigation into the March 31, 1992, shooting
incident in which soldiers killed six pro-Ratsiraka supporters
at the National Forum (constitutional convention).  The
Government had also not brought to trial 14 soldiers arrested
in April 1993 for alleged involvement in politically motivated
violence in Antsiranana; however, the Prime Minister publicly
announced a trial was expected to start by April 1995.
     b.  Disappearance
There were no permanent disappearances in 1994 and no
acknowledged cases of unsolved abductions or disappearances.
The government commission named in September to investigate the
1991 incident at Iavoloha palace was, by year's end, seeking
testimony related to disappearances in connection with the
incident.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution provides for the inviolability of the person;
however, there were occasional reports of police or other
forces mistreating prisoners or detainees.  There were also
isolated instances of dina trials using torture or other forced
means to solicit confessions from criminal suspects.  Suspected
thieves are sometimes subject to summary mob retribution that
occasionally results in severe injury or death.
Government officials acknowledge that conditions in Malagasy
prisons are harsh and potentially life-threatening.  The diet
provided is inadequate, and family members must augment
inmates' daily food rations.  Prisoners without relatives
nearby sometimes go for days without food.  Each prisoner has
on average less than 1 square meter of space.  The prison
population, estimated at 25,000, suffer a wide range of medical
problems that are not routinely treated, including
malnutrition, infections, malaria, and tuberculosis.  These
conditions have caused an unknown number of deaths.
Women in prison suffer abuses, as do the children who are
sometimes confined with them.  Gender segregation is not
absolute, and there were some reported cases of rape.  The
Government permits prison visits by the International Committee
of the Red Cross (ICRC), the Malagasy Red Cross, and religious
and charitable organizations.  The media also have access to
prisons.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for due process for accused persons,
but in practice these rights are not always respected.
Existing legal safeguards against arbitrary arrest and
detention are frequently not observed.
According to the law, in a criminal case the detainee must be
charged, bound over, or released within 3 days after arrest.
An arrest warrant may be obtained but is not always required.
According to the Penal Code, which provides for the right of a
person to be informed of the charges against him, defendants in
ordinary criminal cases are to be charged formally within the
specified time frame and, upon being charged, to be allowed to
obtain an attorney.  Court-appointed counsel is provided for
indigents accused of crimes which carry a 5-year jail sentence.
Bail may be requested by the accused or by his attorney
immediately after arrest, after being formally charged, or
during the appeal process, but it is rarely granted at any
stage for violent crimes.
Despite existing legal protections, the average pretrial
detention time exceeds 1 year, and 3 or 4 years of detention is
common, even for crimes for which the maximum penalty may be 2
years or less.  Prisoners may wait years in prison only to be
found not guilty, with no recourse.  Nearly 65 percent of
Madagascar's prisoners (i.e., 16,000) are in pretrial
detention.  By law, persons suspected of activity against the
State may be detained incommunicado for 15 days, subject to
indefinite extension if considered necessary by the Government;
however, this provision is not used regularly.
     e.  Denial of Fair Public Trial
The Constitution adopted in 1992 provides for an independent
judiciary, and the National Assembly was debating implementing
legislation at year's end.  Meanwhile, the judiciary remains
under the aegis of the Ministry of Justice; lack of internal
controls and relatively low salaries for magistrates encourage
corruption.  Excessive pretrial detention of the accused
results in the denial of due process.  Trials are public, and
defendants have the right to an attorney, to be present at the
trial, to confront witnesses, and to present evidence.
Defendants enjoy a presumption of innocence under the Penal
Code.
The judiciary has three levels of courts:  lower courts for
civil and criminal cases carrying limited fines and sentences;
a Court of Appeals, which includes a criminal court for cases
carrying sentences of 5 years or more; and a Supreme Court.
The judiciary also has special courts designed to handle
specific kinds of cases (e.g., cattle rustling) under the
jurisdiction of the higher courts.  A Constitutional High
Court, with a separate and autonomous status, is a body for
review of laws, decrees, and ordinances, and for certifying
election results.
Traditional institutions, known as dina, handle civil matters
within and between villages; in practice, the dina are
increasingly being used in some criminal cases because of the
practical inadequacies of the formal police and judicial
systems.  Dina punishments can be severe, in some cases
including capital punishment.  In November the National
Assembly, formally recognizing the role of the dina in reducing
crime and insecurity in the countryside, adopted legislation
giving dina verdicts the same weight as judgments handed down
by lower courts and increasing fines and prison sentences to
those refusing to abide by dina decisions.  Decisions by dina
are not subject to codified due process protections, but,
according to the new legislation, they can be challenged at the
appeals court level.  Some cases have also been brought to the
attention of the Office of the Mediator (Ombudsman) which
investigates and seeks redress from formal judicial authorities.
Military courts have some jurisdiction over cases involving
national security, such as acts constituting a threat to the
nation and its political leaders, invasion by foreign forces,
and riots that could lead to overthrow of the Government.
Military courts, like civilian courts, provide for an appeal,
or cassation, process to reexamine interpretations of law
rather than the facts of the case.  They are presided over by a
civilian magistrate who is joined on the bench by military
officers.
Approximately 25 political prisoners convicted for their roles
in federalist versus active forces troubles in Antsiranana in
late 1992 and early 1993 are still serving out their sentences.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The home is inviolable by tradition and law, and the State does
not intervene in the private aspects of the lives of the
people.  The law requires judicially issued warrants to search
houses, but there were reportedly some instances in which
private citizens used police acquaintances to intimidate others
without proper warrants.  Telephones and correspondence are not
monitored.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression,
communication, and press and forbids press censorship; these
provisions were largely respected.  People generally speak
freely, and debate in the National Assembly was open and
lively.  The print media openly criticized both the Government
and the opposition.  Opposition groups, trade unions,
professional associations, and others have regular access to
the press.
There is still a legacy of self-censorship among certain
journalists who fear reprisals from the Government or others
for aggressive investigative reporting.  Some journalists seek
to avoid identification in their bylines, and the names of
private citizens are rarely cited.  Journalists employ these
tactics in part because Malagasy culture aspires to be
nonconfrontational, and in part because journalists cannot
regularly count on effective backing by their editors and
publishers.  The situation improved somewhat, but many
journalists lack professional training and experience, and
resource constraints limit the effectiveness of the press.
There is also a persistent reluctance by government officials
and others to share information with the press.
In May a court ordered the expulsion of a longtime resident, a
French citizen, after she allegedly made slanderous public
statements against the Malagasy people in an editorial letter
published in a local newspaper.  She appealed her expulsion to
the official Ombudsman, was eventually expelled, despite having
published a retraction as ordered by the courts, but was
quietly allowed to return.
State-owned radio-television (RTM), the most important means of
reaching the public, continued to feature discussion programs
and debates on topics of public policy, although it rarely
included editorial comment.  Malagasy television broadcasts
French network news via satellite each evening.  Along with
state radio, there are at least five private radio stations in
the capital city, and private radio stations in Fianarantsoa
and Tamatave.  The private stations cover political subjects
and are sometimes critical of the Government.
Although a law dating from the previous republic requires
Ministry of Interior approval for films and videotapes shown in
public, in practice this regulation is rarely enforced.
There have been no reports of threats to academic freedom.
     b.  Freedom of Peaceful Assembly and Association
Some legal restrictions remain on the right of assembly and
association.  Municipal permits, usually granted, are required
before holding public meetings but may be denied if government
officials believe that the meeting poses a threat to the State,
endangers national security, or significantly encumbers public
thoroughfares.  Officially established security zones are
off-limits to demonstrators.  The proliferation of political
and nongovernmental organizations (NGO's) continues and is
indicative of recent relaxations on free association rights.
There are more than 60 political parties and some 900 NGO's.
     c.  Freedom of Religion
The Government does not infringe the constitutional right of
freedom of religion.  Missionaries and clergy are permitted to
operate freely.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There is no formal restriction on travel within the country;
however, domestic security concerns do effectively restrict
travel in some places, especially at night.  All Malagasy must
obtain official approval for trips outside the country.  All
residents of Madagascar (Malagasy and foreign) require exit
visas issued by the Ministry of Interior.  There are
approximately 70 Ethiopian refugees in Madagascar.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
In 1993 Madagascar concluded more than 2 years of political
transition which were initiated by largely peaceful mass
demonstrations against the previous regime of Didier Ratsiraka
in 1991.  Generally free and fair elections, by direct
universal suffrage and secret ballot, elected Albert Zafy
President in early 1993 to a 5-year term, renewable once.  The
new President's primary constitutional responsibilities are
national defense and foreign policy.  A general election was
held in June 1993 for a 138-member National Assembly whose term
is for 4 years.  For the first time in Malagasy history, the
National Assembly in July 1994 produced and voted on a motion
of censure against a sitting government.  In reaction, the 65
pro-Zafy active forces parliamentarians joined with defectors
from the former majority alliance, known as the Group-of-6, to
block the censure motion against the Government of Prime
Minister Ravony.
The Prime Minister and his Cabinet, not the President, execute
legislation.  A Prime Minister is elected by each new National
Assembly every 4 years, or upon vacancy.  The President and the
Government, provided they act in concert, may dissolve the
National Assembly.  If the National Assembly passes a motion of
censure, the Prime Minister and his Government are required to
step down.  The Constitutional High Court reviews the
constitutionality of every law before it is promulgated.  The
selection of the Senate must await the formation of local
governments in 1995 since two-thirds of the Senate will be
elected by local legislatures, and one-third appointed by the
President, all for 4-year terms.
There are no legal restrictions against women participating in
politics, but in practice men dominate the political process.
One cabinet position is held by a woman, and women hold only 6
percent of the legislative seats; in the judiciary they have
significantly higher representation.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
By law, human rights groups are considered to be political
groups and must register with the Government.  Some
nongovernmental human rights groups exist and are increasingly
active, for example in such issues as defending press
freedoms.  They have been joined by civic education
organizations that have much the same agenda.
The new Constitution provides for the establishment of an
independent organization charged with promoting and protecting
human rights.  In October the National Assembly designated the
Office of the Mediator--a kind of public ombudsman created by
the transitional government before the institution of the
Constitution--to assume that constitutional role.  This action
reversed an earlier decision by the Ravony government to
abolish the Mediator on the grounds that it was redundant given
the President's constitutional role as public arbiter vis-a-vis
government administration.  The power of the Office of the
Mediator rests in moral suasion.  The Office may publish its
investigative findings but has yet to try to enlist public
opinion in support of a particular cause.
The Government did not penalize or repress anyone for
criticizing its human rights record.  While slow to carry out
investigations of major cases of violence, notably the August
1991 killings at Iavoloha palace, the Government was, at year's
end, actively addressing this particular case (see Section
1.a.).
The Government is receptive to visits by international human
rights groups, just as it was to the presence of international
election observation groups during the four nationwide
elections in 1992 and 1993.  The ICRC made periodic visits
again in 1994 and was regularly granted access to prisoners.
United Nations organizations, including the International Labor
Organization (ILO), operated freely and extensively in
Madagascar.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits all forms of discrimination and
groups that advocate ethnic or religious segregation.
     Women
There is societal discrimination against women, although less
so in urban areas where women have an important, if secondary,
role in the business and economic life of the country, with
many of them managing or owning businesses or filling
management positions in state industries.  However, women in
rural areas face greater hardship, bearing the responsibilities
of raising a family while also engaging in farm labor or other
subsistence activities.
Under the 1990 conjugal law, wives have an equal say in
choosing where a married couple will reside, and they receive
generally equitable distribution of marital property in
instances of divorce.  Widows inherit one-half of joint marital
wealth.  In practice, some parts of the island still observe a
tradition known as "the customary third" whereby the wife has a
right to only a third of a couple's joint holdings.  However, a
widow receives a pension, and a widower does not.
According to various sources, including magistrates,
journalists, and women doctors, violence against women is not
widespread.  In the rare cases where physical abuse is
detected, police and legal authorities do intervene, although
there is no law dealing specifically with violence against
women, except in cases of rape.  Spouses can be tried for
nonrape abuses, but generally under civil law.  Some women
prisoners have been victims of rape.
     Children
There is no pattern of official or societal abuse against
children.  While official expenditures on children's welfare
are relatively low, the Government has decided to maintain
spending levels for the Ministries of Health and Education
despite an overall climate of increasing budget austerity.
These levels are insufficient, however, to halt the decline of
public services in the high-inflation environment.
     National/Racial/Ethnic Minorities
Madagascar is inhabited by over 12 million people.  The
Malagasy are of mixed Malayo-Indonesian and African origins and
are made up of 18 distinct groups based on regional and
ancestral affiliation.  Although there are some linguistic
differences among them, nearly all speak Malagasy, which is of
Malayo-Polynesian origin.  No one of these groups constitutes a
majority of the population.  Long-term historical processes of
military conquest, ethnic domination, and political
consolidation, however, have traditionally favored the
political and economic status of highland ethnic groups of
Asian origin over the coastal groups of more African descent.
The centralized planned economy of the previous regime
reinforced the concentration of economic and political power in
the highland, capital area.  This situation has contributed to
ethnic tensions between the two groups.  Ethnic or regional
solidarity may also be a determining factor in hiring practices.
An Indo-Pakistani community of about 20,000, primarily engaged
in commerce, has been in Madagascar since the early part of
this century.  Few, however, have been able to obtain Malagasy
citizenship, since it is customarily bestowed matrilineally
through native Malagasy women.  The Indo-Paskistanis are
frequent targets of mistrust and criticism, and their shops
have often been targets for violent attack during civil
disturbances.  In one such incident in the town of Antsirabe in
January, mobs destroyed 10 Indo-Pakistani stores and a dozen
residences.  Three Malagasy died and several were wounded in
the melee as police tried to restore order.
     People With Disabilities
Physically disabled people are not subject to discrimination in
education and in the provision of other state services, but nor
are they the beneficiaries of special enabling or protecting
legislation.  The Government has not enacted legislation or
otherwise provided for accessibility for the disabled.
MADAGASC2
TITLE:  MADAGASCAR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Malagasy in both the public and private sectors have the
right in law (the 1975 Labor Code and the 1992 Constitution)
and in practice to establish and join labor unions of their own
choosing without prior authorization.  However, essential
service workers, including police and military, may not form
unions.  Unions are required to register with the Government,
and registration is routinely granted.  About 80 percent of the
labor force of 5 million is agrarian.  Unionized labor accounts
for only about 5 percent of wage labor.
There are a number of trade union federations, and many are
affiliated with political parties.  In practice, however,
formal public and private sector unions have not played a major
role politically or economically in recent years.  The
Government exercised very limited control over organized labor.
The 1975 Labor Code and the new Constitution provide for the
right to strike, even in export processing ("free trade")
zones.  Those providing essential services--police, fire
fighters, hospital workers--have only a limited right to
strike.  In November the National Assembly voted to adopt a
controversial new Labor Code which could have the practical
effect of discouraging strikes and limiting collective
bargaining.  At year's end, the Constitutional High Court had
not approved the new Code.
There were occasional strikes in 1994, but none was officially
declared illegal, including a taxi strike which barricaded
roads in the capital city.  Most were resolved by negotiations
or by informal arbitration by high government officials,
including the President.  Laws and regulations prohibit
retribution against strikers who adhere to legal procedures for
striking.  Unions and workers were not directly targeted for
human rights abuses, nor was there any apparent retribution
against strikers and leaders.
Unions may and do freely affiliate with and participate in
international bodies and may form federations or
confederations.  The Government of Madagascar is party to the
ILO Conventions.
     b.  The Right to Organize and Bargain Collectively
Both the 1975 Labor Code and the 1992 Constitution provide for
the right to bargain collectively.  The Code states that
collective bargaining may be undertaken between management and
labor at either party's behest.  Collective bargaining
agreements exist but are not common, and the Government is
often involved in the bargaining process, in part because of
the large number of public sector employees in organized
labor.  The minimum wage is set by the Government.  Other wages
are set by the employers with individual employees, sometimes
below the minimum wage.  When there is a failure to reach
agreement, the Ministry of Labor convenes a Committee of
Employment Inspectors who attempt to resolve the matter.  If
this process fails, the Committee refers the matter to the
Chairman of the Court of Appeals for final arbitration.  No
such cases reached the Court of Appeals in 1994.
The 1975 Labor Code formally prohibits antiunion discrimination
by employers against union members and organizers.  In the case
of antiunion activity, the union or its members may file a
petition in civil court challenging the employer.  Labor laws
apply uniformly throughout the country, including in free trade
zones.  However, the Government has difficulty effectively
enforcing labor laws and regulations due to lack of basic
resources.  Ministry of Labor inspectors, who number only 27,
visit industrial work sites with some regularity, but mostly in
the capital region.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by the 1975 Labor Code
and is not practiced.
     d.  Minimum Age for Employment of Children
The 1975 Labor Code describes a child as any person under the
age of 18.  The legal minimum age for employment is 14, and the
use of child labor is prohibited in those areas where there is
apparent and imminent danger.  The Government tries to enforce
these child labor laws in the small wage sector through
inspectors from the Ministry of Labor and Social Security.
However, in the large subsistence sector, many young children
work with their parents on family farms at much earlier ages.
Similarly, in the urban areas many children earn money hawking
parking spaces, newspapers or other wares, and by carrying
water and begging.
     e.  Acceptable Conditions of Work
The 1975 Labor Code and its enforcing legislation prescribe the
working conditions and wage scales for employees, which are
enforced by the Ministry of Labor and Social Security.  The law
distinguishes between agricultural and nonagricultural work.
There are several administratively determined minimum-wage
rates in Madagascar, depending upon employment skills, starting
with $17 a month (63,000 Malagasy francs) for unskilled
workers.  This wage is inadequate to ensure a decent standard
of living for a worker and family, and workers must supplement
their incomes through subsistence agriculture, petty trade, or
reliance on the extended family structure.  Given insufficient
enforcement measures, official wage rates are sometimes ignored
as high unemployment and extreme poverty lead workers to accept
salaries below the legal wage.
There is a 44-hour workweek in nonagricultural and service
industries.  There are also provisions for holiday pay, sick
and maternity leave, and insurance.
The 1975 Labor Code has rules concerning building and
operational safety, machinery and moving engines, lifting
weight limits, and sanitation standards.  Ministry of Labor and
Social Security inspectors visit industrial work sites, and
violations of Labor Code rules are subject to inspection
reports.  Lack of resources effectively inhibit inspectors
traveling regularly beyond the capital region.  If cited
violations are not remedied within the specified time frame,
the violators may be legally charged and subject to penalties.
Nevertheless, in some sectors protective measures are lacking
due to the expense of even minimal protective clothing and
other protective devices.  To date, there have been no
published reports on occupational health hazards and accidents,
although there is clear evidence that these hazards exist.
There is no explicit right allowing workers to remove
themselves from dangerous work without jeopardizing their
continued employment.  The ILO has cited the Government within
the past year for failure to observe ILO conventions and
standards in workplace safety and weight limits.
MALAWI1
sTITLE: MALAWI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             MALAWI
In an end to one-man, one-party rule in Malawi, on May 17,
Bakili Muluzi won the Presidency in Malawi's first democratic,
multiparty elections since independence.  His party, the United
Democratic Front (UDF), gained an 84-seat plurality in the
177-member Parliament (see Section 3).  The Malawi Congress
Party (MCP), the former sole legal party, and the former Life
President, Dr. H. Kamuzu Banda, made strong showings, with the
MCP winning 55 seats.  The Constitution, passed just hours
before the elections, provides for a strong presidency, and an
independent legislature and judiciary.  While the multiparty
National Consultative Council and National Executive Committee
successfully guided the political transition during the last
months of the Banda government, the election results reflected
the regional strengths of each of the three major parties, UDF
in the south, MCP in the center, and the Alliance for Democracy
(AFORD) in the north.
The National Police, headed by the Inspector-General of Police
under the Ministry of Home Affairs, are responsible for
internal security.  Although the police occasionally called on
the army for back-up support in particularly difficult
situations, the military did not play a significantly active
role in the internal security of the country.  In early 1994,
the army completed the disarmament of the Malawi Young Pioneers
(MYP), which had been responsible for many human rights abuses
under the Banda government.  Despite the political
transformation, there continued to be credible reports that
police abused detainees and used excessive force in handling
criminals.  The police also continued to detain persons without
charge for longer than the law allows.  The new
Inspector-General of Police, appointed following the elections
in May, began to address some of the endemic problems by
agreeing to meet with representatives of donor governments and
human rights organizations and requesting assistance for the
improvement of the organization, transportation and training of
the police force.
Small, densely populated, and landlocked, Malawi has a
predominantly agricultural economy.  Over 85 percent of the
population derives its income from agriculture.  The main cash
crops are tobacco--Malawi's most important foreign exchange
earner--tea, coffee, and sugar.  In 1994 the economy was rocked
by severe shortages of foreign exchange, rapid depreciation of
the currency, high inflation, and drought.
Malawi's human rights performance improved significantly in
1994, most notably through internationally recognized free and
fair elections held in May and the introduction of a new
Constitution with strong human rights provisions.  During the
year, citizens exercised their rights of speech, press,
assembly, and political association generally without
government interference, although there were occasional
accusations of government attempts to restrict the media.
Despite many improvements, however, there continued to be
serious human rights abuses.  In particular, the police
continued to abuse and use excessive force in handling criminal
suspects.  Lengthy pretrial detention and the uncertain
judicial system called into question the ability of the accused
to receive timely justice.  In response to the rise in crime,
angry mobs carried out summary justice.  Political leaders
faced a major challenge in addressing the serious human rights
abuses committed during the long Banda era, in part because
many government, UDF, and MCP members have had some past ties
to the Banda regime.  While the President has not yet
established the constitutionally mandated human rights
commission, he appointed a commission with a mandate limited to
investigating the alleged political killings of four prominent
politicians in 1983.  In early 1995, the Government placed
ex-president Banda under house arrest and planned to try him
and others for these deaths.  Women continued to experience
societal discrimination, and domestic violence against women
remained a problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.  However, frustrated by increased crime and
inadequate law enforcement, civilians sometimes resorted to
vigilante justice in beating, stoning, hacking, and even
burning suspected criminals to death.  While mob justice is
recognized as a crime, the authorities did not attempt to
prosecute any alleged perpetrators.
After the elections, the Government appointed a commission to
investigate the 1983 deaths of four prominent political
figures, three government ministers and a parliamentarian, who
are widely believed to have been victims of political
killings.  The previous government ignored calls for an
investigation, claiming the four had died in an auto accident.
In early 1995, the Government placed ex-president Banda under
house arrest and arrested several others in connection with the
killings.  A trial is expected in 1995.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Credible reports indicate that the police continued to beat
suspected criminals during initial detention and interrogation
at police stations.  These same reports, however, stated that
the number and severity of beatings diminished dramatically
after the first months of 1994.
The new Government granted the International Committee of the
Red Cross (ICRC) access to police detention centers, but local
police authorities were sometimes reluctant to cooperate.  As a
result the ICRC had difficulty gaining access to some police
facilities.  The new Inspector General participated in an ICRC
training seminar on human rights for senior police officials.
Conditions in prisons improved in 1993 and 1994, but
overcrowding, inadequate nutrition, and substandard sanitation
and health facilities remained serious problems.  Women are not
kept in separate facilities, but are separated within the
prison compound.  Rape of female prisoners is not a problem.
As a result of the Government's increased awareness and
response to these problems and continued ICRC visits and
training sessions, the ICRC decided to close its office in
Blantyre at the end of the year and to continue its follow-up
activities from its regional delegation in Harare, Zimbabwe.
     d.  Arbitrary Arrest, Detention, or Exile
The law permits the accused to challenge the legality of the
detention, to have access to legal counsel, and to be charged
or released within 48 hours.  In all cases where the court
determines that a defendant cannot afford to supply his own
counsel, legal services are provided by the Government.  In
practice, the authorities held many detainees for weeks without
charge, ostensibly due to the inability of police to complete
investigations promptly, and few persons were able to afford
legal counsel.  There are not enough lawyers or private
resources to meet the needs of indigent detainees.  Pretrial
detainees represent about one-third of the prison population,
and in some cases persons have been detained for years.
In a few cases during the campaign period, police arbitrarily
detained members of opposition parties for "questioning."
These detainees were held for a few hours and released.
The judicial system continued to be handicapped by serious
weaknesses including poor recordkeeping, personnel shortages,
and most recently the transfer of several hundred murder cases
from the traditional courts to the High Court.  In the past,
traditional courts were the keystone of the Banda legal system,
and the cases were transferred to ensure prisoners have the
right to a fair trial in accordance with international
standards.  However, only a few of the transferred murder cases
had actually gone to trial by year's end.
There were no reports of political detainees in 1994.  (See
Section 1.e.).
The Government did not use exile as a means of political
control.
     e.  Denial of Fair Public Trial
The Constitution provides for a High Court, a Supreme Court of
Appeal, and subordinate magistrate courts and allows for
traditional courts, which continue to operate at the local
level, ruling on minor civil and customary law cases.  With the
reorganization, however, these traditional courts are now
subordinate to the regular court system.
Under the Constitution, the judiciary is independent from other
branches of government.  The Chief Justice is appointed by the
President and confirmed by the National Assembly.  Other
justices are appointed by the President following a
recommendation by the Judicial Service Commission.  All
justices are appointed until the age of 65 and may only be
removed for reasons of incompetence or misbehavior, as
determined by a majority in Parliament and the President.
By law defendants have the right to a public trial but not to a
trial by jury.  However, in hearing the first murder cases
transferred from the traditional courts to the High Court, the
High Court used juries of seven persons from the defendant's
home district (see Section 1.d.).  Defendants have the right to
an attorney, access to evidence and witnesses, and the right of
appeal.  There were no reports that the authorities
deliberately denied these rights, but the many problems
confronting the judical system and inadequate state funding
meant that, in practice, many persons were denied the right to
an expeditious trial.
Juvenile offenders have special rights under the Constitution,
including the right to be separated in custody from adults, to
be treated in a manner which accounts for age and the
possibility of rehabilitation, and exemption from the
punishment of life imprisonment without the possibility of
release.
By the end of 1994, there were no known political prisoners in
Malawi.  Nevertheless, in his May 21 inaugural address
President Muluzi ordered the release of all remaining political
prisoners (probably a few at most).  The only person widely
known to have been released was a man who had been charged with
attempting to incite the armed forces to overthrow the
Government.  The President also commuted all death sentences to
life in prison.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Under the law, search warrants are required, and there were no
reported incidents of illegal search of homes or businesses.
However, postal authorities occasionally opened and inspected
private correspondence, seemingly at random.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
citizens widely exercised these rights in 1994.
During the year, more than 20 newspapers published a broad
spectrum of political and ideological views.  The Government
generally tolerated press criticism.  However, in one highly
publicized incident following the May elections, an opposition
paper published a 25-year-old photograph of the new President
which depicted him in a prison uniform.  The photo was
supposedly taken following his arrest and conviction for
stealing six British pounds while serving as a government clerk
in 1968.  The Minister of Justice/Attorney General attempted to
stop the newspaper from publishing, and the police harassed its
editor and detained him for questioning.  Following an
immediate public outcry, the President reversed the Attorney
General's decision, and the paper continued publication.
The only radio station is the government-owned Malawi
Broadcasting Corporation (MBC), which is the most important
medium for reaching the public.  Both the MCP, when in power,
and the new UDF-led Government gave priority in MBC
programming to their policies.  Most recently, the MCP charged
the Minister of Information and Broadcasting with directing the
MBC not to broadcast an MCP statement.
Many of the old repressive laws which were of concern to
international human rights organizations, including laws
affecting freedom of the press have been specifically addressed
in the new Constitution and are now considered
"unconstitutional."  To date, in cases where an old law
conflicts with the Constitution, and has reached a court of law
for a decision, the Constitution has prevailed, effectively
nullifying the repressive laws that are still on the books.
During the year the Government began the time-consuming process
of revising the entire legal code.
There were no restrictions on academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  The authorities routinely granted official
permits, which are required by law for large gatherings and
meetings.
The new Government continued the policy of requiring
organizations, including political parties, to register with
the Registrar General under the Ministry of Justice, but there
were no reports of any group being denied registration or
having its registration delayed.  Eight political parties
participated in the elections.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and people
exercised this right freely.  However, the law requires that
religious groups register with the Government.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
People have the right of movement and residence within the
borders, and the right to leave and return.  In practice,
however, some Asians have been denied this right (see Section
During the campaign period, police occasionally delayed the
travel of members of the then political opposition at
checkpoints between regional boundaries, but it was not clear
whether such actions were taken on individual initiative or at
government direction.  Following the elections, the new
Government reintroduced police roadblocks, citing the
increasing crime rate.  There were no reports of political
harassment at the newly established checkpoints, but there have
been allegations of harassment for the purpose of obtaining
bribes, particularly at border-crossing points.
Malawi continued to host thousands of Mozambican refugees.  At
the beginning of 1994, 700,000 Mozambicans remained in Malawi,
down from a peak in excess of 1 million.  At the end of the
year, only 100,000 remained.  During the year, the Government
cooperated with the United Nations High Commissioner for
Refugees (UNHCR) and other relief organizations to assist their
return to Mozambique and to meet a number of new arrivals
(approximately 1,500 to 2,000), mostly from nonneighboring
countries such as Somalia and Zaire.  The Government initially
hesitated to take on the responsibility of a new refugee
population, in part due to popular resentment that UNHCR
support allowed refugees a lifestyle unattainable to many
Malawians.  Subsequently, the Government initiated plans to
relocate the new refugees to a camp, converting a former prison
for this purpose.  There were no reports of forced expulsion of
those having a valid claim to refugee status.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this right on May 17 when over 80 percent of
the population freely and peacefully voted--for the first time
in 30 years--for a new President and Members of Parliament in
multiparty elections.  Although there were minor irregularities
during the elections, principally perpetrated by the
then-ruling MCP, international observers declared the elections
substantially free and fair.  There is universal suffrage for
citizens 18 years of age and over.
President Muluzi and Vice President Justin Malewizi (both from
the United Democratic Front-UDF), and a 26-member Cabinet (19
ministers from the UDF and 7 from three other parties),
exercised executive authority.  Parliament consists of 177
members (85 from the UDF, 56 from the MCP, and 36 from the
Alliance for Democracy-AFORD).  In September the President
designated Chakufwa Chihana of AFORD Second Vice President, and
the Parliament amended the Constitution in October to authorize
this position.  In December Chihana was sworn in.  A group of
Malawians questioned the constitutionality of the designation
of a second vice president prior to the amendment of the
Constitution to allow for such an office, and sued the
President and the Speaker of Parliament for violating the
Constitution.  The court did not rule on the case and the issue
remained unresolved at year's end.
The key issue facing the new Government as it attempts to
consolidate democracy is the strengthening of the economy; the
Government's main focus is poverty alleviation.  It is also
attempting to address past human rights abuses, poor education,
and the challenges inherent in operating a government which
includes a political opposition.  The move to appoint a second
vice president was, in part, an attempt to include a portion of
the opposition in the executive and develop a working majority
in the Parliament.
There are no laws that restrict the participation of women or
minorities in the political process.  Social discrimination,
however, does limit women's participation.  While most women
voted, few hold public office, and in the May elections only 10
women were elected to the National Assembly.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government allowed local and international human rights
groups to monitor and investigate its activities and did not
take any action against these organizations.  Some
organizations, such as the Malawi Law Society's Legal Resources
Center; the Foundation of Integrity of Creation, Justice and
Peace; the Christian Council of Malawi; Vera Chirwa's "Carer";
and the Society for the Advancement of Women, began recording
evidence of past abuses, monitored the new Government, and
issued statements whenever they felt the new Government
violated human rights or the Constitution.
The new Constitution provides for a national compensation
tribunal, which will entertain claims of criminal and civil
liability against the former government, and a human rights
commission which will protect, and investigate violations
against, the rights provided for in the Constitution.  These
bodies were not yet in place and functioning at the end of
1994.  The Government had, however, invited applications for
the position of ombudsman, who will investigate claims of
injustice.
The Government discussed human rights problems with
international governmental and nongovernmental organizations,
and permitted visits by United Nations and other international
organizations, including the ICRC.  For the most part the
Government responded positively to recommendations and
attempted to remedy human rights problems as they came to its
attention.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifically provides for equal rights for
women; forbids discrimination based on language, culture, or
religion; and generally guarantees every person the right to
equality and recognition before the law.
     Women
Under the new Constitution, women have the right to full and
equal protection by law and may not be discriminated against on
the basis of their gender or marital status.  In practice,
however, women continued to experience discrimination and did
not have opportunities equal to those available to men.
Historically, women, especially in rural areas, have been
unable to complete even a primary education and are therefore
at a serious disadvantage in the job market.  Women often do
not have equal access to legal and financial assistance and are
often the victims of discriminatory inheritance practices in
which the majority of the estate goes to the deceased husband's
family.  They are also often at a disadvantage in marriage,
family, and property rights.
The National Commission on Women, an organization overseen by
the Ministry of Women and Children Affairs, operated without
official funding, and its impact was limited to disseminating
information on women's rights and working with other government
ministries to increase awareness of women's rights.  More
important in addressing women's issues were local
nongovernmental organizations, such as the National Association
of Business Women, which sponsored income-generating schemes
for small groups of women in rural and urban areas.
Violence against women is not believed to be a serious
problem.  However, spousal abuse, especially wife beating, does
occur.  Domestic violence is not discussed openly by women,
reportedly even among themselves, and there are no confidential
shelters or facilities for treatment of women who suffer
physical or sexual abuse.  Police do not normally intervene in
domestic disputes, and few cases of violence against women
actually reach the courts.  Occasionally the press reported
instances of sexual abuse and harassment of female students by
their male teachers, who, if caught, faced dismissal.
     Children
Although the Constitution provides for equal treatment for
children under the law, the Government, dedicated few resources
to children's health and welfare.  However, it did institute a
system of free primary education for all children, beginning in
October.  A few charitable organizations attempted to reduce
the number of child beggars in urban areas and find alternative
care for them.
A few small ethnic groups practice female genital mutilation
(FGM), which has been condemned by international health experts
as damaging to both physical and mental health.  However, FGM
is neither common nor generally accepted by the society as a
whole.
     National/Racial/Ethnic Minorities
Most Malawians of African heritage are members of indigenous
tribes and are not discriminated against by the Government or
society.  However, there is discrimination against Asians.  In
previous years, Asian residents and citizens were prohibited
from living and working in specified areas.  In early 1994,
these restrictions were lifted from citizens of Asian
background but remained in place for the majority of resident
Asians who are not citizens.  Following the elections and the
ratification of the new Constitution, these restrictions became
unconstitutional, but the Business Licensing Act, which was
used in the past to deny Asians the opportunity to establish
businesses in the rural areas, remained on the books.  Few
Asians actually tested the easing of these restrictions in 1994.
Following the elections, the Government started restricting the
previously automatic renewal of temporary employment permits
for expatriates, particularly businessmen, in the hope that
Malawians would be hired in their place.  Other affected
expatriates included teachers, health workers, researchers, and
missionaries.  While this was consistent with Malawian law, the
new and unexpected policy of strict enforcement, and the focus
on businessmen specifically, caused concern and sometimes
hardship to many expatriates who had established themselves in
Malawi.
     People with Disabilities
The Government has not mandated accessibility to buildings and
services for the disabled, but one of the national goals listed
in the new Constitution is to support the disabled through
greater access to public places, fair opportunities in
employment, and full participation in all spheres of society.
There are special schools and training centers which assist
individuals with disabilities and several self-supporting
businesses, run by and for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Because most households derive their income from the
agricultural sector, only a small percentage of the work force
earns wages in the formal sector.  Approximately 473,000
persons, or 14 percent of the work force, earn formal wages.
As of April, government data showed there were 63,000
dues-paying union members, 39 percent of whom were teachers.
At that time, the majority of paid-up union members were in the
private sector.
Workers have the legal right to form and join trade unions, but
unions must register with the Ministry of Labor.  For
government workers, a union's membership must consist solely of
government employees.  In 1993 civil servants organized
themselves into the Civil Service Joint Consultative Committee.
Unions may freely form or join federations.  Until the new era,
all unions were required to affiliate with the Trade Union
Congress of Malawi (TUCM), which until late 1993 was closely
affiliated with the former ruling party and highly
circumscribed by the Government.  In late May, when the
current, democratically elected government took power, unions
became independent of the Government and of political parties.
No new federations outside the TUCM had been formed by year end.
Under the Constitution, workers have the right to strike.
There are no legal restrictions on this right other than those
listed for "essential services" as determined by the Minister
of Labor.  The law requires that labor disputes in "essential
services" be reported to the Minister of Labor in writing, who
then attempts to negotiate a settlement.  He may refer the case
to a tribunal within 28 days of receiving the dispute report if
it is not possible to reconcile the parties.  Only if a trade
dispute has gone through this process, but not been resolved or
referred to a tribunal, may workers in "essential services" go
on strike.
There were a number of strikes during the year.  Most strike
activities were peaceful and legal.  However, in early October,
junior-level civil servants went on strike in pursuit of higher
wages and benefits and blocked roads and stoned moving
government vehicles.  Although the Government had met with the
Civil Service Joint Consultative Committee from September until
the strike, junior-level employees felt the Committee did not
represent their interests.  The strike was finally settled
through negotiations with a small delegation chosen by the
strikers and resulted in a modest wage increase.  There are no
laws or regulations which prohibit retribution against strikers
and their leaders.
Unions may affiliate with and participate in international
bodies, but require government permission to do so.  The TUCM
is a member of the International Confederation of Free Trade
Unions, the Organization of African Trade Union Unity, and the
Southern African Trade Union Coordination Council (SATUCC).  In
January SATUCC reopened its offices in Malawi (which were
closed by the Banda government in 1992).
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is freely practiced but is not
specifically protected by law.  In practical terms, the
Government sets wages in the state-owned industries, and
employers do so in private businesses.  The abundance of
unskilled laborers relative to employment opportunities gives
labor only a limited voice in wage and contract negotiations.
By contrast, skilled workers--because of their scarcity--enjoy
higher salaries and have had some success when negotiating
employment terms, either on an individual basis or through
collective means.
The law prohibits antiunion discrimination by employers, but
there is no legal requirement that employers reinstate workers
fired for union activities.  Most individual labor
disputes--usually in the form of a worker claiming unfair
dismissal--are initially referred to the Ministry of Labor for
resolution.  The Ministry typically encourages a settlement
between the parties; it does not actually adjudicate the merits
of the claim.  Tribunals apply in all disputes.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The new Constitution prohibits forced labor, and such labor is
not practiced except by prison inmates.
     d.  Minimum Age for Employment of Children
The new Constitution defines children as those under the age of
16 (replacing the law which defined children as persons under
the age of 12).  It prohibits the employment of children in
work that is hazardous or harmful or interferes with their
education.  However, there is no law making education
compulsory.  The law also prohibits children from working at
night or in "industrial undertakings."  Enforcement by police
and labor inspectors in the Ministry of Labor is not effective.
MALAWI2
TITLE: MALAWI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
In the large agricultural sector, young children work on family
farms and on smaller estates, often in the two major export
industries--tobacco and tea.  Children are not commonly
employed in industrial jobs.
     e.  Acceptable Conditions of Work
Malawi has two legislated minimum wage rates:  one for cities,
and one for the rest of the country.  Wage rates were last
increased in July.  The minimum in the cities of Blantyre,
Lilongwe, Mzuzu, and the municipality of Zomba is $0.23 (mk
3.50) per day; in other areas it is $0.20 (mk 3.00) per day.
These wage levels do not provide a worker and family with a
decent standard of living.  However, wage earners tend to
supplement their incomes through farming activities carried out
through the extended family network.  The prescribed minimum
wages are largely irrelevant for the great majority of citizens
who earn their livelihood outside the formal wage sector.
Wages in Malawi's formal sector are primarily derived from the
prescribed minimum wages and by comparison to civil service
wages.  Industrial employees receive the highest wages, with
most private commercial firms setting their wages higher than
those for comparable government employees.  Agricultural
workers tend to receive at most the legal minimum wage, with
some additional benefits such as access to basic medical
treatment and food.  While the Ministry of Labor is responsible
for enforcing the minimum wage levels, it does not do so
effectively.
There is no legislated standard workweek in Malawi, but most
companies have a maximum workweek of 48 hours with 1 day of
rest.  However, some wage laborers work 7 days per week.  The
Workers' Compensation Act includes extensive occupational
health and safety standards.  Enforcement of these standards by
Ministry of Labor inspectors is erratic, and workers--
particularly in industrial jobs--often work without basic
safety clothing and equipment.  According to the Ministry of
Labor, workers do have the right to remove themselves from
dangerous work situations without jeopardy to continued
employment.
MALAYSIA1
tTITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            MALAYSIA
Malaysia is a federation of 13 states with a parliamentary
system of government based on periodic multiparty elections but
in which the ruling National Front coalition has held power
since 1957.  Opposition parties actively contest elections,
although they hold only 21 percent of the seats in the Federal
Parliament; an opposition party currently controls one state
government.  There is political competition within the United
Malays National Organization (UMNO), the major party in the
coalition.
The Government asserts that internal security laws allowing
preventive detention (and arrests under such laws) are required
owing to Malaysia's "sensitive social balance," the need to
ensure that the peace and stability of the country are
protected, and concern about endemic narcotics trafficking
problems.  However, the Government also has used these laws
more broadly to detain persons when available evidence is
insufficient to bring formal charges under the Criminal Code,
as well as to detain political opponents.  The existence of
these laws serves to inhibit effective opposition to government
policies.
The Royal Malaysian Police has primary responsibility for
internal security matters; it reports to the Minister of Home
Affairs.  Prime Minister Mahathir also holds the Home Affairs
portfolio.  There continued to be some credible reports of
mistreatment of prisoners and detainees by the police and
prison officials.
Rapidly expanding exports of manufactured goods, especially in
the electronics sector, account for much of the country's
economic growth.  Crude oil exports and traditional commodities
(tropical timber, palm oil, rubber) add to Malaysia's trade
revenues.  Strong economic performance in recent years has led
to significant reductions in poverty, improved standards of
living, and more equal income distribution.
While there is an efficient system of justice based on common
law principles, the Government continues arbitrarily to arrest
and detain citizens without trial.  The Government also limits
judicial independence and effectively restricts freedom of
association and of the press.  These restrictions make it very
difficult for opposition parties to compete on equal terms with
the long-ruling governing coalition.  Domestic violence against
women is a serious problem, which the Government is taking
steps to address.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings by the Government or any other political organization.
     b.  Disappearance
There were no reports of disappearances attributable to the
Government or any other political organization.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There continue to be instances of police officers abusing
criminal suspects during interrogation, including strong
psychological pressure and sometimes physical abuse.  In some
cases, government authorities have investigated police
officials for such abuses, but because they refuse to release
information on the results of the investigations, it cannot be
determined whether those responsible for such abuses are
punished.  There were no known instances in 1994 (or in recent
years) of police officials being tried, convicted, and
sentenced for abuse of prisoners.
Malaysian criminal law prescribes caning as an additional
punishment to imprisonment for those convicted of crimes such
as narcotics possession.  Judges routinely include caning in
sentencing those convicted of such crimes as kidnaping, rape,
and robbery.  The caning, which is normally carried out with a
1/2-inch thick wooden cane, commonly causes welts and sometimes
scarring.
     d.  Arbitrary Arrest, Detention, or Exile
Three laws permit the Government to detain suspects without
judicial review or filing formal charges:  the 1960 Internal
Security Act (ISA), the Emergency (Public Order and Prevention
of Crime) Ordinance of 1969, and the Dangerous Drugs Act of
1985.  The Government continued to use long-term detentions
without trial in cases alleged to involve national security, as
well as in narcotics trafficking and other cases.  According to
the Home Affairs Ministry, as of December, there were 4,115
people being detained without trial; most of those detainees
are being held under the Dangerous Drugs Act.
Passed more than 30 years ago when there was an active
Communist insurgency, the ISA empowers the police to hold any
person who may act "in a manner prejudicial to the security of
Malaysia" for up to 60 days.  According to the Government, the
goal of the ISA is to control internal subversion, although
there is now no serious threat to national stability in
Malaysia.  The Government also uses the ISA against passport
and identity card forgers, 20 of whom were being held as of
December 20.
Security authorities sometimes wait several days after a
detention before informing the detainee's family.  The Minister
of Home Affairs may authorize, in writing, further indefinite
detention for periods of up to 2 years.  Even when there are no
formal charges, the authorities must inform detainees of the
accusations against them and permit them to appeal to an
advisory board for review every 6 months.  Advisory board
decisions and recommendations, however, are not binding on the
Home Affairs Minister, are not made public, and are often not
shown to the detainee.  A number of ISA detainees have refused
to participate in the review process under these circumstances.
The Home Affairs Ministry reported in December that there were
27 ISA detainees at that time, down from 51 as of July 1993.
The Government released approximately 27 former detainees
subject to "imposed restricted conditions," which will be in
effect for the balance of their detention periods.  These
conditions limit their rights to freedom of speech, association,
and travel outside the country.
On September 2, the Government detained under the ISA nine
members of the banned Al Arqam Islamic movement, including the
Islamic sect's leader, Ashaari Muhammed.  The Government said
it took these actions on the grounds that Al Arqam posed a
threat to national security, although it presented no credible
evidence of this.
On October 20, after 50 days in ISA detention by the Special
Branch, Ashaari recanted his beliefs in a 2 1/2-hour
government-televised discussion with Islamic leaders and
confessed to propagating teachings and practices which deviated
from true Islam.  Since founding Al Arqam in 1968, Ashaari had
been vigorously expounding these views for over 25 years at the
time of his recantation.  During the televised confession,
Ashaari appeared to have lost weight, and his head and beard
had been shaved.  Ashaari and five of his followers were freed
on October 28 and Ashaari visited the Al Arqam commune at
Sungai Pencala the next day to meet with his followers.  He
told his followers that his October 20 confession had been
"voluntary."  Ashaari remains under restricted residence, and
his movements are limited to Kuala Lumpur and the surrounding
state of Selangor.
In January the Government lifted restricted residence
conditions for six persons, including the brother of the then
chief minister of the east Malaysian state of Sabah, who had
been detained under the ISA in 1990 and 1991 for alleged
involvement in a secessionist plot.  They had been released in
1993, but their movements were restricted.
Amendments to the ISA severely limit judicial review of
detentions, contravening international standards of due
process.  During 1994 opposition leaders and human rights
organizations called on the Government to repeal the ISA and
other legislation that deprive people of the right to defend
themselves in court.  Some officials also have suggested that
amendments are warranted, but senior government officials
insist that the ISA in its present form continues to be
necessary to preserve peace and harmony in a multiracial
society, without explaining convincingly why reliance on the
criminal law and the courts would seriously impair peace and
harmony.  In May the Prime Minister, while not dismissing the
possibility that some provisions of the ISA could be amended,
said that the ISA could not be repealed as it was still needed
under certain circumstances.
The Emergency (Public Order and Prevention of Crime) Ordinance
was instituted after intercommunal riots in 1969.  Although
Parliament regained its legislative power in 1971, the
Government has never lifted the state of emergency declared at
the time of the riots.  The Home Affairs Minister can issue a
detention order for up to 2 years against a person if he deems
it necessary to protect public order or for the "suppression of
violence or the prevention of crimes involving violence."  The
Home Affairs Ministry in December said there were 200 people in
detention under the Emergency Ordinance, up from 93 people in
1993.  Local human rights organizations accept this figure as
accurate.
Provisions of the 1985 amendments to the Dangerous Drugs Act
give the Government specific power to detain suspected drug
traffickers.  The suspects may be held up to 39 days before the
Home Affairs Minister must issue a detention order.  Once the
Ministry has issued an order, the detainee is entitled to a
habeas corpus hearing before a court.  In some instances, the
judge may order the detainee's release.  Suspects may be held
without charge for successive 2-year intervals, with periodic
review by an advisory board, whose opinion is binding on the
Home Affairs Minister.  However, the review process contains
none of the due process rights that a defendant would have in a
court proceeding.  As of December 20, approximately 3,888 drug
suspects remained under detention or under restrictions
equivalent to house arrest under this statute.  The police
frequently rearrest suspected narcotics traffickers and
firearms offenders under the preventive measures clauses of the
Dangerous Drugs Act or the ISA after an acquittal in court on
formal charges under separate provisions of those acts.
A 1989 peace agreement allows members of the Communist Party of
Malaya (CPM) to return to Malaysia.  According to the
Government, the agreement stipulates that they satisfy certain
conditions, including taking a loyalty oath "to king and
country" and renouncing the CPM in writing.  Since 1989 more
than 650 former CPM members have applied to return to Malaysia
under the agreement.  Sixty-six subsequently withdrew their
applications because they objected to the conditions imposed by
the Government on their repatriation.  In 1994, 50 to 80 former
CPM members returned to Malaysia, including a prominent member
of the CPM's Central Committee who returned after spending
30 years in exile.  The Government has rejected an unknown
number of applications by former CPM members to return to
Malaysia.
Since December 1989, 338 former Communists and 50 dependents
have been "rehabilitated" by the Malaysian security authorities
and resettled in Malaysia.  This rehabilitation consists of
detention without trial under the ISA at the Kamunting
Detention Center in Perak state.  In addition, rehabilitated
former CPM members who have reintegrated into Malaysian society
are restricted to certain areas where security authorities
watch them carefully for up to 6 years.  These rehabilitated
persons cannot resume full participation in Malaysia's
political life until this period of surveillance demonstrates
to the satisfaction of the police that they have abandoned
their former ideology.
In November former student leader Hishamuddin Rais ended
20 years of exile in England and returned to Malaysia.
Hishamuddin was questioned by police for several days after his
return to Malaysia and was released and issued a new identity
card and passport.  The former student activist did not
discount the possibility of entering national politics.
     e.  Denial of Fair Public Trial
Most civil and criminal cases are fair and open.  The accused
must be brought before a judge within 24 hours of arrest, and
charges must be levied within 14 days.  Defendants have the
right to counsel, bail is available, and strict rules of
evidence apply in court.  Defendants may appeal court decisions
to higher courts and, in criminal cases, may also appeal for
clemency to the King or local state rulers as appropriate.  All
criminal trials, including murder trials, are heard by a single
judge.  Parliament voted on December 21 to amend the Criminal
Procedure Code by abolishing jury trials in death penalty
cases.  Human rights organizations and the Bar Council have
complained that they were not consulted by the Government prior
to tabling this amendment.  The defense in both ordinary
criminal cases and the special security cases described below
is not entitled to a statement of evidence before the trial.
The right to a fair trial is restricted in criminal cases in
which the Attorney General invokes the Essential (Security
Cases) Regulations of 1975.  These regulations governing trial
procedure normally apply only in firearms cases.  In cases
tried under these regulations, the standards for accepting
self-incriminating statements by defendants as evidence are
less stringent than in normal criminal cases.  Also, the
authorities may hold the accused for an unspecified period of
time before making formal charges.  The Attorney General has
the authority to invoke these regulations in other criminal
cases if the Government determines that the crime involves
national security considerations, but such cases are rare.
The Malaysian judiciary has traditionally been regarded by the
public and the legal community as committed to the rule of law
and has ruled against the Government in some politically
sensitive cases.  However, the Government's 1988 dismissal of
the Supreme Court Lord President and two other justices, along
with a constitutional amendment and legislation restricting
judicial review, has undermined judicial independence and
strengthened executive influence over the judiciary in
politically sensitive cases.  These developments created the
possibility that Malaysians who might otherwise seek legal
remedies against government actions would be reluctant to do so
and have resulted in less willingness by the courts to
challenge the Government's legal interpretations in politically
sensitive cases.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
These rights are normally respected and protected by law.
Provisions in the security legislation (see Section 1.d.),
however, allow the police to enter and search without a warrant
the homes of persons suspected of threatening national
security.  Police may also confiscate evidence under these
acts.  In some cases each year, police have used this legal
authority to search homes and offices, seize books and papers,
monitor conversations, and take people into custody without a
warrant.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, some important limitations exist, and over the years the
Government has restricted freedom of expression of media
organizations and individuals.  The Constitution provides that
freedom of speech may be restricted by legislation "in the
interest of security...(or) public order."  Thus, the Sedition
Act Amendments of 1970 prohibit public comment on issues
defined as sensitive, such as citizenship rights for non-Malays
and the special position of Malays in society.  The Government
has not brought charges under the Sedition Act since 1986, when
a trial court acquitted a former president of the Bar Council.
The Printing Presses and Publications Act of 1984 contains
important limitations on press freedom.  Domestic and foreign
publications must apply annually to the Government for a
permit.  The Act was amended in 1987 to make the publication of
"malicious news" a punishable offense, expand the Government's
power to ban or restrict publications, and prohibit court
challenges to suspension or revocation of publication permits.
In December the authorities detained six local leaders of the
opposition Democratic Action Party under the Printing Presses
Act for distributing pamphlets without permission.  The banned
pamphlets dealt with a local land deal and compensation
payments to residents and businesses.  Government policies
create an atmosphere which inhibits independent journalism and
result in self-censorship of issues government authorities
might consider sensitive.  Government displeasure with press
reporting is often conveyed directly to the newspaper's board
of directors.  There have also been credible reports of efforts
by the Government to stop reporters from pursuing stories on
sensitive subjects.
In practice, press freedom is also limited by the fact that
leading political figures, or companies controlled by leading
political figures in the ruling coalition, own all the major
newspapers and all radio and television stations.  These mass
media provide generally laudatory, noncritical coverage of
government officials and government policies, and give only
limited and selective coverage to political views of the
opposition or political rivals.  Editorial opinion in these
mass media frequently reflects government positions on domestic
and international issues.  Chinese-language newspapers are
generally more free in reporting and commenting on sensitive
political and social issues.
Despite strong political influence on the editorial decisions
of major publications, small-circulation publications of
opposition parties, social action groups, unions, and other
private groups actively cover opposition parties and frequently
print views critical of government policies.  The Government
does retain significant influence over these publications by
requiring annual renewal of publishing permits.  In June the
Home Affairs Ministry revoked the publishing license of a
popular Tamil-language tabloid, Thoothan (The Messenger), after
the paper published an article alleging corruption on the part
of the Malaysian-Indian Minister of Energy, Telecommunications,
and Posts.  In May the Government threatened to review the
publication permit of the opposition party PAS newsletter,
Harakah, after it ran articles the Government claimed could
disrupt national unity and harmony.  Also in May, the Home
Affairs Ministry directed newspapers not to publish information
about a confrontation in Penang between police and local Hindu
worshipers who were celebrating a religious festival.  Earlier,
in March, the Home Affairs Ministry decided not to renew the
work permit of a Filipino correspondent for the Manila-based
Inter Press Service because of what it described as negative
reports on Malaysia's treatment of foreign guest workers that
purportedly posed a threat to national security and racial
harmony.  In August the Government seized books, publications,
and other materials belonging to the banned Al Arqam religious
sect and made it illegal to possess, sell, distribute, or
display books, logos, and other printed materials prepared by
the organization.
In June 1990, Parliament enacted legislation making the
government-controlled Malaysian news agency (Bernama) the sole
distributor of foreign news in Malaysia, formalizing previous
practice.  The parliamentary opposition opposed the bill,
arguing that it would increase government control over foreign
news.  Although the Government has not to date used this law to
restrict foreign news coverage or availability, in the past the
Government has banned under separate legislation individual
editions of foreign publications.  In 1994 the Government
censored portions of photographs and text in issues of foreign
newsmagazines and stopped airing the British Broadcasting
Corporation (BBC) news programs, allegedly because the BBC's
conditions for use would undermine Malaysia's dignity,
according to a government spokesman.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of freedom of peaceful
assembly and association, but there are significant
restrictions.  These rights may be limited in the interest of
security and public order, and the 1967 Police Act requires
police permits for all public assemblies with the exception of
workers on picket lines.  Spontaneous demonstrations occur
periodically without permission, but they are limited in scope
and generally occur with the tacit consent of the police.  In
the east Malaysian state of Sarawak, groups of indigenous
people have held peaceful demonstrations to protest government
policies and actions.
In the aftermath of the intercommunal riots in 1969, the
Government banned political rallies.  The Government has
announced that political rallies will continue to be banned
during national elections likely to be held in early 1995.
While the formal ban has not been rescinded, both government
and opposition parties have held large indoor political
gatherings dubbed "discussion sessions."  Government and
opposition candidates campaign actively.  There are, however,
some restrictions on freedom of assembly during campaigns.
During the actual campaign period, political parties submit
lists of times and places for their "discussion groups."
Although theoretically no police permit is required, some
opposition discussion group meetings in past campaigns have
been canceled for lack of a police permit.  Outside of the
campaign period, a permit is required, with most applications
routinely approved.
Other statutes limit the right of association, such as the
Societies Act of 1966, under which any association of seven or
more members must register with the Government as a society.
The Government may refuse to register a new society or may
impose conditions when allowing a society to register.  The
Government also has the power to revoke the registration of an
existing society for violations of the Act, a power it has
selectively enforced against political opposition groups.  On
August 27, the Government declared the Al Arqam religious
movement to be an illegal organization under the Societies Act
and seized computers and other materials belonging to the
organization.  More than 300 members of the sect had been
arrested as of September 22 for being associated with the
organization (see also Section 1.d.).  In 1993 the Registrar of
Societies deregistered a political party of long standing in
the east Malaysian state of Sabah when it formed a coalition
with the ruling opposition party, and threatened to do the same
to the national opposition party Semangat '46 if it continued
to claim that it was the legitimate successor to the original
UMNO party.  The threat of possible deregistration inhibits
political activism by public or special interest organizations.
Another law affecting freedom of association is the
Universities and University Colleges Act; it mandates
government approval for student associations and prohibits
student associations, as well as faculty members, from engaging
in political activity.  Campus demonstrations must be approved
by a university vice chancellor.
     c.  Freedom of Religion
Islam is the official religion.  Religious minorities, which
include large Hindu, Buddhist, Sikh, and Christian communities,
generally are permitted to worship freely but are subject to
some restrictions.  Islamic religious laws administered by
state authorities through Islamic courts bind ethnic Malays in
some civil matters, such as family relations and diet.
Government funds support an Islamic religious establishment,
and it is official policy to "infuse Islamic values" into the
administration of Malaysia.  At the same time, the Constitution
provides for freedom of religion, and the Government has
refused to accede to pressures to impose Islamic religious law
beyond the Muslim community.
The Government opposes what it considers extremist or deviant
interpretations of Islam and in August banned the Al Arqam
religious movement for what it termed "deviationist
teachings."  In the past, the Government has imposed
restrictions on certain Islamic sects.  It continues to monitor
the activities of the Shi'ite minority.
There are persistent allegations that some state governments
are slow in approving building permits for non-Muslim places of
worship and some non-Muslims allege difficulty in obtaining
land for cemeteries.  In one instance, a municipal council had
approved the construction of a Catholic Church headquarters
only to rescind its approval in August 1993, after a public
outcry by the predominantly Muslim local community.  A
compromise was proposed which would have permitted the church
to build a two-story structure but was rejected by church
officials.  The Government has limited the circulation of a
popular Malay-language translation of the Bible, and some
states restrict the use of religious terms by Christians in the
Malay language.
The Government permits but discourages conversion to religions
other than Islam.  Some states have long proscribed by law
proselytizing of Muslims and other parts of the country
strongly discourage it as well.  In a March 1990 decision, the
Supreme Court upheld the primacy of the Constitution over
inconsistent state laws by ruling that parents have the right
to determine the religion of their minor children under the age
of 18.  The decision eased fears of the non-Muslim community
over state laws that in religious conversion cases set the age
of majority at puberty based on Islamic law.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Malaysians generally have the right to travel within the
country and live and work where they please, but the Government
restricts these rights in some circumstances.  The states of
Sabah and Sarawak have the independent right to control
immigration into their territories; Malaysians from peninsular
west Malaysia and foreigners are required to present passports
or national identity cards for entry.  The Government regulates
the internal movement of provisionally released ISA detainees.
It also limits the movement of some released ISA detainees to a
designated city or state (see Section 1.e.).
The Government generally does not restrict emigration.
Malaysians are free to travel abroad, although in some cases
the Government has refused to issue or has withheld passports
on security grounds or in the belief that the trip will be
detrimental to the country's image.  Most government action is
taken because of suspected drug trafficking offenses or other
serious crimes.  In an unprecedented move in August, the
Government revoked the passport of Al Arqam leader Ashaari
Muhammed and nine of his followers while Ashaari and his
followers were still residing in Thailand.
In July 1993, immigration authorities withdrew the passport of
a poet allegedly to prevent him from reading his poems, which
supported antilogging activities.  Immigration authorities
returned his passport in late August 1993.  Also in August
1993, the Immigration Department in the east Malaysian state of
Sarawak, on instructions from the Home Affairs Ministry,
confiscated the passport of a Sarawak native who was on his way
to an international conference of indigenous peoples.  Two
other Sarawak natives who planned to attend conferences had
their passports confiscated in 1992; government authorities
still have not returned their passports.
Malaysians are not permitted to travel to Israel, and in June,
following a public outcry, the Government revoked the passport
of Tunku Abdullah, brother of the King of Malaysia, after
Abdullah made what was described as a "private business trip"
to Israel.  Recently, however, the Government has loosened
travel restrictions for Malaysian pilgrims to visit Jerusalem.
According to a report by the Home Affairs Ministry, a total of
455,070 foreign workers were issued work permits as of June
1994.  However, there may be up to 1 million foreign workers in
Malaysia, many illegal, who work in low-skill jobs in the
plantation and construction sectors of the economy.  Although
some illegal workers ultimately are able to regularize their
immigration status, others depart voluntarily after a few
months, while some are formally deported as illegal migrants.
In 1992 the Government conducted a registration program
designed to regularize the immigration status of illegal
workers.  After the registration program ended, however, the
Government launched combined police and military operations to
enforce immigration and passport laws.  In 1994, more than
130,000 foreign workers were detained, of whom about 50,000
were deported.  On March 27, Kuala Lumpur police conducted an
immigration roundup of some 1,000 Filipino maids at a prominent
Catholic cathedral just after mass.  The roundup, which
included some persons producing valid residence and work
permits, led to strong protests from the Philippine Embassy.
MALAYSIA2
pTITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
In most cases the police released those detained within 24
hours.
In 1991 and 1992, separate groups of asylum seekers (totaling
approximately 300) from the Indonesian province of Aceh arrived
in northwestern Malaysia, allegedly fleeing violence stemming
from a separatist rebellion in Indonesia.  These asylum seekers
requested refugee status, and their plight has received
attention by international and local human rights
organizations.  Although the Government has refused to
recognize them as political refugees, in early 1994 it offered
to regularize the status of Acehnese in Malaysia and release
those being held in detention.  The Government offer to those
in immigration facilities and to the group residing at the U.N.
High Commissioner for Refugees (UNHCR) compound included
promises of jobs on plantations and the same residency permits
enjoyed by other guest workers.  The Acehnese rejected the
Malaysian offer, contending they were political refugees, not
economic migrants.  As of December 20, 131 Acehnese were being
held in immigration detention facilities, and 53 were residing
at the UNHCR compound in Kuala Lumpur.  The latter were part of
a group of Acehnese who took refuge in the UNHCR compound in
1992 demanding refugee status.  Members of this group come and
go freely, although one has been detained.  In 1994 there was
no evidence of forced repatriation of Acehnese although the
Government has offered to assist those who wish to return
voluntarily.  According to government sources, approximately
163 Acehnese asylum seekers had returned home voluntarily as of
June 1993.
Having provided first asylum to more than 254,000 Vietnamese
boat refugees since 1975, the Government began to deny first
asylum to virtually all arriving Vietnamese in May 1989, in
contravention of its commitments under the Comprehensive Plan
of Action (CPA) on Indochinese refugees adopted in 1989.  From
May 1989 to November 1993, Malaysia denied first asylum to
10,495 Vietnamese boat people, of whom all but 145 arrived in
1989-90.  In late 1993 the Government reversed this policy and
permitted a boat carrying three Vietnamese asylum seekers to
land and be screened by the UNHCR for refugee status under
provisions of the CPA.  In addition, four Vietnamese who had
arrived by land and were being held in immigration detention
facilities were transferred to the Sungei Besi refugee camp and
screened for refugee status.  In 1994 the Government returned
to full compliance with first asylum provisions of the CPA.  In
accordance with the CPA, Malaysia finished screening Vietnamese
boat people in its first-asylum camps.  Final appeals were
reviewed in September.  Malaysian military officers do the
screening, with legal consultants from the UNHCR present during
each interview.  As of December 20, about 5,464 Vietnamese
remained in camps in Malaysia.  The Government has reiterated
that it will not forcibly return screened-out asylum seekers
but will continue to urge voluntary repatriation.  UNHCR
officials have praised the Government's treatment of Vietnamese
asylum seekers in Malaysia under provisions of the CPA.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
By law citizens have the right to change their government
through periodic elections, which are procedurally free and
fair, with votes recorded accurately.  In practice, however, it
is very difficult for opposition parties to compete on equal
terms with the governing coalition (which has held power at the
national level since 1957) because of some electoral
irregularities and legal restrictions on campaigning, as well
as restrictions on freedom of association and of the press.
Malaysia has a Westminster-style parliamentary system of
government.  National elections, required at least every 5
years, have been held regularly since independence in 1957.
Through the UMNO, Malays dominate the ruling national front
coalition of ethnic-based parties that has controlled
Parliament since independence.  Within the UMNO there is active
political debate.
Non-Malays fill 8 of the 25 cabinet posts.  The Government
coalition currently controls 12 of 13 states.  Ethnic Chinese
leaders of a member party of the government coalition hold
executive power in the state of Penang.  An Islamic opposition
party controls the northern state of Kelantan.
Women face no legal limits on participation in government and
politics, but there are practical impediments.  Women are
represented in senior leadership positions in the Government in
small numbers, including two cabinet-level ministers.  Women
comprise approximately 6 percent (holding 11 seats out of 180)
of the elected lower house of Parliament and approximately 19
percent (13 seats out of 68) of the appointed upper house.
They also hold high-level judgeships.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
After a 2-year struggle for registration, the National Human
Rights Association, a local human rights society of prominent
Malaysians, began operating in 1991.  This association publicly
criticizes the Government, although it does not investigate the
government except in response to individual complaints.  It
seeks repeal of the ISA and is reviewing Kelantan's efforts to
impose Islamic restrictions in that state.  A number of other
organizations, including the Bar Council and public interest
groups, devote attention to human rights activities.  The
Government tolerates their activities but rarely responds to
their inquiries or occasional press statements.  Malaysian
officials criticize local groups for collaborating with
international human rights organizations, representatives of
which have visited and traveled in Malaysia but rarely have
been given access to government officials.  In 1992 a group
seeking to form a local chapter of a prominent international
human rights organization appealed a government rejection of
their application under the Societies Act.  In 1993 the
Government rejected the appeal.
The Government has not acceded to any of the major
international treaties on human rights, generally maintaining
that such issues are internal matters.  It rejects criticism of
its human rights record by international human rights
organizations and foreign governments.  However, during 1993
and 1994, the Prime Minister and other cabinet officials were
vocal advocates of human rights with respect to Serbian
atrocities in Bosnia and Herzegovina.
Foreign government officials have discussed human rights with
their Malaysian counterparts, and private groups occasionally
have done so.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The cultural and religious traditions of Malaysia's major
ethnic groups heavily influence the condition of women in
Malaysian society.  In family and religious matters, Muslim
women are subject to Islamic law.  Polygyny is allowed and
practiced to a limited degree, and inheritance law favors male
offspring and relatives.  The Islamic Family Law was revised in
1989 to provide better protection for the property rights of
married Muslim women and to make more equitable a Muslim
woman's right to divorce.
Non-Muslim women are subject to civil law.  Changes in the
Civil Marriage and Divorce Act in the early 1980's increased
protection of married women's rights, especially those married
under customary rites.
Nongovernmental organizations (NGO's) concerned about women's
issues push for legislative and social reforms to improve the
status of women.  These groups raise issues such as violence
against women, trafficking in women and young girls, employment
opportunities with equal pay, and greater participation by
women in decisionmaking positions.  Statistics on domestic
violence are sketchy, but government leaders have identified
domestic violence as a continuing social ill.  The Government
is taking steps to address the problem.  In May Parliament
passed the first domestic violence bill after 8 years of
lobbying by women's groups.  It offers a broad definition of
domestic violence, gives powers to the courts to protect
victims, and provides for compensation and counseling for
victims.  However, it fails to make an act of domestic violence
a criminal offense, and women's groups have criticized it on
those grounds.  Those covered under the bill include a spouse,
former spouse, a child, an incapacitated adult, or any other
member of the family.  Cases of wife beating or child abuse
normally are tried under provisions of the Penal Code governing
assault and battery, which carry penalties of 3 months to 1
year in prison and fines up to $300.  Women's issues continued
to receive prominent coverage in public seminars and the media
in 1994.
Government policy supports women's full and equal participation
in education and the work force.  Women are represented in
growing numbers in the professions, although their
participation as of 1990 in the administrative and managerial
occupations was less than 1 percent, and they generally receive
lower wages.  In the scientific and medical fields, women now
make up more than half of all university graduates and the
total intake of women into universities increased from 29
percent in 1970 to 44 percent of the student population in
1990.  The participation of women in the labor force increased
from 37 percent in 1970 to 47 percent in 1990, including a
tripling of the number of women involved in manufacturing.
In the opposition-controlled state of Kelantan, the state
government has imposed restrictions on all female workers,
including non-Muslims.  Female workers cannot work at night and
are restricted in the dress they may wear in the workplace.
The state government justifies these restrictions as reflecting
Islamic values.  Given Malaysia's federal structure of
government, there are no legal means, short of amending the
Constitution, by which the central Government can overturn such
state laws.
     Children
The Government is committed to children's rights and welfare;
it spends roughly 20 percent of its current budget on
education.  According to statistics publicized by the National
Unity and Social Development Ministry, 1,064 cases of child
abuse were reported in 1993.  The Government has taken some
steps to deal with the problem.  Parliament passed the
Children's Protection Act in 1991, effective in 1993.  In 1994
public attention and debate on child abuse increased
significantly as Malaysia hosted the worldwide conference of
the International Society for the Prevention of Child Abuse and
Neglect.  In 1994 Malaysian news media featured regular
reports, commentary, and graphic public service announcements
on these social problems.
Statistics on the extent of child prostitution are not
available, but women's organizations have highlighted the
problem of trafficking in underage girls.  The Health Ministry
announced that it would work closely with the police to stamp
out child prostitution, and some brothel owners have been
prosecuted.
     Indigenous People
Indigenous groups and persons are accorded the same
constitutional rights as the rest of the population, along with
the same limitations.  In practice, federal laws pertaining to
indigenous people vest almost total power in the Minister of
National Unity and Social Development to protect, control, and
otherwise decide issues concerning them.  As a result,
indigenous people have very little ability to participate in
decisions.  State governments make decisions affecting land
rights in peninsular Malaysia.  The law does not permit
indigenous persons (known as Orang Asli) in west Malaysia, who
have been granted land on a group basis, to own land on an
individual basis.  In some cases, groups of Orang Asli have
applied for titles, but state authorities have not provided
them.  Land disputes between Orang Asli and others resulted in
three people being killed in April 1993.  In February 1994,
Orang Asli from Perak complained to their member of Parliament
about encroachment on their land.
In east Malaysia, although state law recognizes indigenous
people's right to land under "native customary rights," the
definition and extent of these lands are in dispute.
Indigenous people in the state of Sarawak continue to protest
the alleged encroachment by the State or private logging
companies onto land that they consider theirs by virtue of
customary rights.  In Sarawak in 1992 the Government arrested
95 indigenous people who protested these alleged encroachments.
The protests and arrests continued in 1993, and, in January
1994, four persons were arrested in Sarawak for attempting to
stop a logging company from operating within what they claimed
was their native customary rights land area.
According to government figures, the indigenous people in
peninsular Malaysia, who number fewer than 100,000, are the
poorest group in Malaysia.  However, according to Malaysian
government officials, Orang Asli are gradually catching up to
other Malaysians in their standard of living, and the
percentage of Orang Asli who were still leading a nomadic
lifestyle has dropped to 49 percent.
     National/Racial/Ethnic Minorities
Ethnic minorities are represented in cabinet-level positions in
government, as well as in senior civil service positions.
Nevertheless, the political dominance of the Malay majority
means in practice that ethnic Malays hold the most powerful
senior leadership positions in government.
The Government implements extensive "affirmative action"
programs designed to boost the economic position of the ethnic
Malay majority, which remains poorer, on average, than the
Chinese minority despite the former's political dominance.
Such government affirmative action programs and policies do,
however, limit opportunities for non-Malays in higher
education, government employment, business permits and
licenses, and ownership of newly developed agricultural lands.
Indian Malaysians continue to lag behind in Malaysia's economic
development, although the national economic policies target
less advantaged populations regardless of ethnicity.  These
programs, which have operated since the 1969 riots, are widely
credited with helping assure the generally strife-free ethnic
balance.
     People with Disabilities
While the Government does not discriminate against physically
disabled persons in employment, education, and provision of
other state services, budgetary allotments for people with
disabilities are very small.  Public transportation, public
buildings, and other facilities are not adapted to the needs of
the disabled, and the Government has not mandated accessibility
for the disabled, through legislation or otherwise.  Special
education schools exist, but they are not sufficient to meet
needs.
Disabled persons work in all sectors of the economy, but the
prevalent feeling in society remains that disabled people
cannot work.  In May the Government did take a major step to
acknowledge the rights of those with disabilities when the
Deputy Prime Minister signed the Economic and Social Commission
for Asia and the Pacific (ESCAP) Proclamation on Full
Participation and Equality of People with Disabilities in the
Asia and Pacific region.  By signing this agreement, the
Government committed itself to implementing new policy
initiatives and actions aimed at systematically improving the
living conditions of people with disabilities.
The Government has sought to register those with disabilities
under four categories--blind, deaf, physical, mental--and by
May had identified 60,632 persons with disabilities.  It is
estimated that there are 180,000 persons with disabilities in
Malaysia.
Section 6  Worker Rights
     a.  The Right of Association
By law most workers have the right to engage in trade union
activity, and 12 percent of the work force are members of trade
unions.  Exceptions include certain limited categories of
workers labeled "confidential" and "superskilled," as well as
defense and police officials.  Within certain limitations,
unions may organize workplaces, bargain collectively with
employers, and associate with national federations.
The Industrial Relations Act prohibits interfering with,
restraining, or coercing a worker in the exercise of the right
to form trade unions or in participating in lawful trade union
activities.  The Trade Unions Act, however, restricts a union
to representing workers in a "particular establishment, trade,
occupation, or industry or within any similar trades,
occupations, or industries," contrary to International Labor
Organization (ILO) guidelines.   The Director General of Trade
Unions (DGTU) may refuse to register a trade union and, in some
circumstances, may also withdraw the registration of a trade
union.  When registration has been refused, withdrawn, or
canceled, a trade union is considered an unlawful association.
The Government justifies its overall labor policies by positing
that a "social compact" exists wherein the Government,
employer, and worker are part of an overall effort to create
jobs, train workers, boost productivity and profitability, and
ultimately provide the resources necessary to fund human
resource development and a national social safety net.
Trade unions from different industries may join together in
national congresses, but must register as societies under the
Societies Act.  Government policy discourages the formation of
national unions in the electronics sector; it believes
enterprise-level unions are more appropriate for this sector.
At year's end, there were six such enterprise-level unions
registered in the electronics industry (it takes only seven
workers to form a union) of which four were recognized through
elections in which they represented 50 percent plus 1 of the
workers, and two had collective bargaining agreements
negotiated with their employers.  In one case in 1990, a
company dismissed all members of one of these unions.  The
union charged the company with union-busting and wrongful
dismissal in industrial court.  The case was filed in September
1990; the union appealed an industrial court decision of May
1994 (in favor of the company) to the High Court.  The court
has set a hearing date for February 21, 1995.  Restrictions on
freedom of association in the electronics industry have been
the subject of complaints to the ILO.
Unions maintain independence both from the Government and from
the political parties, but individual union members may belong
to political parties.  Although union officers are forbidden to
hold principal offices in political parties, individual trade
union leaders have served in Parliament as opposition
politicians.  Malaysian trade unions are free to associate with
national labor societies that exercise many of the
responsibilities of national labor unions, though they cannot
bargain for local unions.  Enterprise unions also can associate
with international labor bodies and actively do so.
Although strikes are legal, the right to strike is severely
restricted.  Malaysian law contains a list of "essential
services" in which unions must give advance notice of any
industrial action.  The list includes sectors not normally
deemed "essential" under ILO definitions.  There were 18
strikes in 1993 resulting in a loss of 7,162-man days.  Most of
the strikes (13) were in the plantation sector; only 3 strikes
took place in the manufacturing sector.
The Industrial Relations Act of 1967 requires the parties to
notify the Ministry of Human Resources that a dispute exists
before any industrial action (strike or lockout) may be taken.
The Ministry's Industrial Relations Department may then become
actively involved in conciliation efforts.  If conciliation
fails to achieve a settlement, the Minister has the power to
refer the dispute to the Industrial Court.  Strikes or lockouts
are prohibited while the dispute is before the Industrial
Court.  According to 1994 data, the Industrial Court found for
labor in 62 percent of its cases and for management in 14
percent.  The remaining 24 percent were settled out of court.
The Industrial Relations Act prohibits employers from taking
retribution against a worker for participating in the lawful
activities of a trade union.  Where a strike is legal, these
provisions would prohibit employer retribution against strikers
and leaders.  In the absence of any reports of employer
retribution, it is not possible to assess whether these
provisions are effectively enforced.
There are three national labor organizations currently
registered:  one for public servants, one for teachers, and one
for employees of state-based textile and garment companies.
Public servants have the right to organize at the level of
ministries and departments.  There are three national joint
councils representing management and professional civil
servants, technical employees, and nontechnical workers.
     b.  The Right to Organize and Bargain Collectively
Malaysian workers have the legal right to organize and bargain
collectively, and collective bargaining is widespread in those
sectors where labor is organized.   Malaysian law prohibits
antiunion discrimination by employers against union members and
organizers, though some union leaders say the legal system is
not capable of dealing promptly and fairly with their
complaints.  Charges of discrimination may be filed with the
Ministry of Human Resources or the Industrial Court.  When
conciliation efforts by the Ministry of Human Resources fail,
critics say the Industrial Court is slow in adjudicating worker
complaints.
Companies in free trade zones (FTZ's) must observe labor
standards identical to those elsewhere in Malaysia.  Many
workers at FTZ companies are organized, especially in the
textile and electrical products sectors.  During 1993 the
Government proposed amendments to the Industrial Relations Act
to remove previous restrictions on concluding collective
agreements about terms and conditions of service in "pioneer
industries."  Legislative concurrence, which had been expected
by year's end, did not take place because of other pressing
legislative initiatives.  The Government took these measures in
part to respond to ILO criticism of its previous policy with
respect to pioneer industries.  The ILO continues to object to
other legal restrictions on collective bargaining.  Some labor
leaders criticized amendments to Malaysia's Labor Law in 1980,
designed to curb strikes, as an erosion of basic worker
rights.  The labor critics contend that these changes do not
confirm to ILO standards.
     c.  Prohibition of Forced or Compulsory Labor
There is no evidence that forced or compulsory labor occurs.
In theory, certain Malaysian laws allow the use of
imprisonment, with compulsory labor as a punishment for persons
expressing views opposed to the established order or who
participate in strikes.  The Government maintains that the
constitutional prohibition on forced or compulsory labor
renders these laws without effect.
     d.  Minimum Age for Employment of Children
The Children and Young Persons (Employment) Act of 1966
prohibits the employment of children younger than the age of
14.  The act permits some exceptions, such as light work in a
family enterprise, work in public entertainment, work performed
for the Government in a school or training institution, or work
as an approved apprentice.  In no case may children work more
than 6 hours per day, more than 6 days per week, or at night.
Ministry of Human Resources inspectors enforce these legal
provisions.  In December a Japanese electronics firm was fined
$5,400 for violating the Children and Young Persons Act.  This
was the first time a large firm has been fined under the Act.
According to credible reports, child labor is still prevalent
in certain sectors of the country, but not those which export
to the United States.  A joint report by the International
Confederation of Free Trade Unions and the Asian and Pacific
Regional Organization put Malaysia's child work force at
75,000.  In the last nationwide survey of child labor
undertaken in 1980, it was estimated that more than 73,400
children between the ages of 10 to 14 were employed
full-time.   NGO surveys indicate that most child laborers are
employed on agricultural estates but there are indications that
some are being employed in small factories.  Government
officials deny the existence of child labor and maintain that
child laborers have been replaced by foreign guest workers.
     e.  Acceptable Conditions of Work
Malaysia does not have a national minimum wage, but the Wage
Councils Act provides for a minimum wage in those sectors or
regions of the country where a need exists.  Under the law,
workers in an industry who believe they need the protection of
a minimum wage may request that a "wage council" be
established.  About 140,000 workers, or 2 percent of the over
7-million-member labor force, are covered by minimum wages set
by wage councils.  Representatives from labor, management, and
the Government sit on the wage councils.  The minimum wages set
by wage councils generally do not provide for an adequate
standard of living for a worker and family.  However,
prevailing wages in Malaysia, even in the sectors covered by
wage councils, are higher than the minimum wages set by the
wage councils and do provide an adequate living.
Under the Employment Act of 1955, working hours may not exceed
8 hours per day or 44 hours per workweek of 5 1/2 days.  Each
workweek must include one 24-hour rest period.  The Act also
sets overtime rates and mandates public holidays, annual leave,
sick leave, and maternity allowances.  The Labor Department of
the Ministry of Human Resources enforces these standards, but a
shortage of inspectors precludes strict enforcement.  In
October 1993, Parliament adopted a new Occupational Safety and
Health Act (OSHA) which covers all sectors of the economy,
except the maritime sector and the military.  The Act
established a National Occupational Safety and Health Council,
composed of workers, employers, and government representatives,
to set policy and coordinate occupational safety and health
measures.  It requires employers to identify risks and take
precautions, including providing safety training to workers,
and compels companies having more than 40 workers to establish
joint management-employee safety committees.  The Act requires
workers to use safety equipment and to cooperate with employers
to create a safe, healthy workplace.
There are currently no specific statutory or regulatory
provisions which create a positive right for a worker to remove
himself or herself from dangerous workplace conditions without
arbitrary dismissal.  Employers or employees violating the OSHA
are subject to substantial fines or imprisonment for up to 5
years.
Significant numbers of contract workers, including numerous
illegal immigrants from Indonesia, work on plantations.
Working conditions for these laborers compare poorly with those
of direct hire plantation workers, many of whom belong to the
National Union of Plantation Workers.  Moreover, immigrant
workers in the construction and other sectors, particularly if
illegal entrants, may not have access to Malaysia's system of
labor adjudication.  Government investigations into this
problem have resulted in a number of steps to eliminate the
abuse of contract labor.  For example, in addition to expanding
programs to regularize the status of immigrant workers, the
Government investigates complaints of abuses, endeavors to
inform workers of their rights, encourages workers to come
forward with their complaints, and warns employers to end
abuses.  Like other employers, labor contractors may be
prosecuted for violating Malaysia's labor laws.  The Government
has taken action against labor contractors who violate the law,
and has assessed fines.  The minimum fine currently assessed by
law is $8,000.  In principle, serious violators can be jailed,
but, in practice, such punishments are rare.
MALDIVES1
[TITLE:  MALDIVES HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            MALDIVES
The Republic of Maldives comprises 1,190 islands scattered
across an area 500 miles long by 75 miles wide in the Indian
Ocean.  The population is about 245,000 persons.  The Maldives
have a parliamentary form of government with a strong
executive.  The president appoints one-sixth of the Parliament,
the Cabinet, and members of the judiciary.  Political parties
are officially discouraged and candidates for the unicameral
legislature, the Citizens' Majlis, run as individuals.  They
are elected to 5-year terms by universal suffrage.  The Majlis
selects a single presidential nominee who is approved or
rejected in a national referendum.  The Majlis must approve all
legislation and can enact legislation without presidential
approval.  Civil law is subordinate to Islamic law, but civil
law is generally applied in criminal and civil cases.  The
President derives additional influence from his constitutional
role as the protector of Islam.
The National Security Service (NSS), which includes the armed
forces and police, has between 1,500 to 2,000 members who serve
in both police and military capacities during their careers.
The police division investigates crimes, collects intelligence,
makes arrests, and enforces house arrest.
Fishing, small-scale agriculture, and tourism provide
employment for over half the work force.  Tourism accounts for
over one-quarter of government revenues and roughly 40 percent
of foreign exchange receipts.  Manufacturing is 6 percent of
the Gross Domestic Product.
The Government restricts human rights in several areas, but the
political process became more open in the past year.  Political
groupings at odds with the Government emerged in the Majlis
which played a more active political role.  However, the
President's power to appoint a significant portion of the
Parliament still constrains citizens' ability to change their
government.  An easing of government restrictions and creation
of a Press Council has allowed a greater diversity of views in
the media.  Nonetheless, important restrictions continued on
the freedom of religion.  Women and workers faced continuing
restraints on the full exercise of their rights.  Some of these
restrictions are linked to the Government's observance of
Shari'a (Islamic law) and other Islamic customs.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of beatings or other mistreatment of
persons in police custody.  Convicted criminals may be flogged
under judicial supervision when this punishment is prescribed
by Islamic law.  However, there were no reported floggings.
Punishments are usually confined to fines, compensatory
payment, house arrest, imprisonment, or banishment to a remote
atoll.  The Government generally permits those who are banished
to receive visits by family members.
Prison conditions are adequate.  Food and prisoner housing are
good by Maldivian standards.  Prisoners are allowed to work in
prison and given opportunity for regular exercise and
recreation.  Spouses are allowed privacy during visits with
incarcerated partners.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution states that "no person shall be apprehended,
except on a verdict specified by Shari'a or (civil) law."
Police initiate investigations based on suspicion of criminal
activity or in response to written complaints from citizens,
police officers, or government officials.  They are not
required to obtain warrants for arrests.  Based on the results
of police investigations, the Attorney General refers cases to
the appropriate court.  The authorities generally keep the
details of a case confidential until they are confident that
the charges will be upheld.
Depending on the charges, a suspect may remain free, detained
in prison, or under house arrest for 15 days during
investigations.  The President may extend pretrial detention
for an additional 30 days, but in most cases the suspect is
released if not brought to trial within 15 days.  Those who are
released pending trial may not leave a specific atoll.  The
law, however, permits indefinite detention without charge for
suspects accused of drug abuse, terrorism, or attempted
overthrow of the Government.  There is no right to legal
counsel during police interrogation.  There is no provision for
bail.
The Government may prohibit access to a telephone and nonfamily
visits to those under house arrest.  While there have been no
reported cases of incommunicado detention in recent years, the
law does not provide safeguards against this abuse.
There were no reports that security officials held citizens for
prolonged periods without charge.  However, 18 Sri Lankan
fishing boat captains accused of poaching in Maldivian water
were held for extended periods--in some cases over 9
months--without charge.
There were no reports of external exile in 1994.  However, the
Government sometimes banishes citizens to remote atolls.
     e.  Denial of Fair Public Trial
There are eight lesser courts and a High Court on the capital
island, Male'.  The High Court handles a wide range of cases,
including politically sensitive ones, and acts as a court of
appeal.  Each of the lesser courts adjudicates specialized
cases, such as debt, theft, or property claims.  There are also
general courts on the islands.  There are no jury trials.  Most
trials are public and conducted by judges trained in Islamic
and civil law.
Cases on outer islands are usually adjudicated by individuals
without formal legal training, but more complex legal questions
are referred to the appropriate specialized court in Male'.
The Male' court may in turn refer the issue to four judges
attached to the Justice Ministry.
During trial, the accused may defend himself, call witnesses,
and be assisted by a lawyer.  Courts do not provide lawyers to
indigent defendants.  Judges question the concerned parties and
attempt to establish the facts of a case.  They render verdicts
based on law and custom.
Civil law is subordinate to Islamic law, or Shari'a.  Shari'a
is applied in situations not covered by civil law as well as in
certain acts such as divorce and adultery.  Courts adjudicating
matrimonial and criminal cases generally do not allow legal
counsel in court because, according to a local interpretation
of Shari'a, all answers and submissions should come directly
from the parties involved.  However, the High Court allows
legal counsel in all cases, including those in which the right
to counsel was denied in the lower court.  Under Islamic
practice, the testimony of two women is required to equal that
of one man.
The President influences the judiciary through his power to
appoint and dismiss judges, all of whom serve at his pleasure
and are not subject to confirmation by the Majlis.  The
President also has authority to affirm judgments of the High
Court, order a second hearing, or overturn the Court's
decision.  The President may also grant pardons and amnesties.
Supporters of Ilyas Ibrahim, the President's chief rival for
the 1993 presidential nomination, who had been detained in late
1993, were brought to trial in early 1994.  They were charged
with involvement in Ibrahim's antistate activities for which he
was convicted in absentia in 1993.  Eight persons were tried,
convicted, and sentenced by early 1994 to 7 years' banishment.
The sentence was reduced to 1 year on appeal.
There are some political prisoners, most of whom were
associated with the 1993 presidential aspirant Ilyas Ibrahim.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits security officials from opening or
reading letters, telegrams, and wireless messages or monitoring
telephone conversations, "except in accordance with the
specific provisions of the law."  The NSS may open the mail of
private citizens and monitor telephone conversations if
authorized in the course of a criminal investigation.
Although the Constitution requires the authorities to respect
private premises and dwellings, there is no legal requirement
for search or arrest warrants.  The Attorney General or a
commanding officer of the police must approve the search of
private residences.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Citizens enjoyed greater freedom of speech and expression in
1994.  However, Law No. 4J/68 of 1968 still prohibits public
statements that are contrary to Islam, threaten the public
order, or are libelous.  In September a court sentenced one
person to 6 months for making false statements about the
Government.  The Penal Code prohibits inciting the people
against the Government.  However, a 1990 amendment to the Penal
Code decriminalized "any true account of any act of commission
or omission past or present by the Government in a lawfully
registered newspaper or magazine, so as to reveal
dissatisfaction or to effect its reform."
In 1994 the Government established a Press Council, composed of
government and private media representatives, lawyers, and
government officials, which oversees the press and protects the
rights of journalists.  The Council is drafting a code of
ethics for journalist activity.  The Government is also
reviewing regulations that made publishers responsible for the
content of the material they published.
In 1994 there were no reports of government censorship of
either the print or electronic media, nor were there closures
of any publications or reports of arrests or intimidation of
journalists.  The last of the journalists associated with the
closed newspaper Sangu was released in October 1993 from
serving a 3-year sentence under house arrest and has resumed
writing.  The Government reportedly discontinued its practice
of providing reporting guidelines to the media.
The range and diversity of viewpoints in the media also
expanded in 1994.  Television news and public affairs
programming routinely discussed topics of current concern and
freely criticized government performance.  Regular press
conferences were instituted with government ministers.
The Government owns and operates the only television and radio
station.  It does not interfere with foreign broadcasts or the
sale of satellite receiving dishes.  Foreign newscasts such as
the Cable News Network (CNN) are aired on the government
television station.
Seventy-six newspapers and periodicals are registered with the
Government which publishes 13 of them.  Aafathis, a morning
daily, is published by the brother of the President's principal
political rival, Ilyas Ibrahim, and is often critical of
government policy.  An evening daily, Haveer, is published by
one of the President's supporters.
There are no legal prohibitions on the import of foreign
publications, except those containing pornography or material
otherwise deemed objectionable to Islamic values.  No seizures
of foreign publications were reported in 1994.  There are no
reported restrictions on academic freedom, nor any governmental
censorship or control over classroom materials.  Some teachers
are reportedly vocal in their criticism of the Government.
     b.  Freedom of Peaceful Assembly and Association
Article 15 of the Constitution provides for the right to
assemble, as long as the law or the Islamic code of behavior
are upheld.  The Home Ministry permits public political
meetings during electoral campaigns but limits them to small
gatherings on private premises.  The Government registers clubs
and other private associations if they do not contravene
Islamic and civil law.  While not forbidden by law, political
parties are officially discouraged by the President on the
grounds that they are inappropriate to the homogeneous nature
of society.  However, there is an active and outspoken
opposition group within the Majlis that has stimulated closer
parliamentary examination of government policy.
     c.  Freedom of Religion
Freedom of religion is significantly restricted.  The
Constitution designates Islam as the official religion and
requires all citizens to be Muslims.  The practice of any
religion other than Islam is prohibited by law.  However,
foreign residents are allowed to practice their religion if
they do so privately.
There are no places of worship for adherents of other
religions.  The Government prohibits the importation of icons
and religious statues.  It also prohibits non-Muslim clergy and
missionaries from proselytizing and conducting public worship
services.  Conversion of a Muslim to another faith is a
violation of Shari'a law and may result in a loss of the
convert's citizenship, although law enforcement authorities say
this provision has never been applied.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel at home and abroad, emigrate, and
return. Bbecause of overcrowding, the Government discourages
migration into the capital island of Male' or its surrounding
atoll.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Maldivians' ability to change their Government freely is
constrained, as a strong executive exerts significant influence
over both the legislature and the judiciary.  The Majlis
chooses a single presidential nominee who must be a Sunni
Muslim male.  The candidate is not permitted to campaign for
the nomination and is confirmed or rejected by secret ballot in
a nationwide referendum.  In 1993 President Gayoom was
reelected to a fourth 5-year term.
The elected members of the Majlis serve 5-year terms.  All
citizens over 21 years of age may vote.  Of the body's 48
members, 40 are elected--2 from each of the 19 inhabited atolls
and 2 from Male'--and the President appoints 8 members.
Individuals or groups are free to approach members of the
Majlis with grievances or opinions on proposed legislation, and
any member may introduce legislation.
The Office of the President is the most powerful political
institution.  The Constitution gives Islamic law preeminence
over civil law and designates the President as the protector of
Islam.  The President's authority to appoint one-sixth of the
Majlis members, which is one-third of the total needed for
nominating the President, provides the President with a power
base and strong political leverage.
Relations between the Government and Majlis have been
constructive.  The Government may introduce legislation, but
may not enact a bill into law without the Majlis' approval.
However, the Majlis may enact legislation into law without
Presidential assent if the President fails to act on the
proposal within 30 days or if a bill is repassed with a
two-thirds majority.  In recent years, the Majlis has become
increasingly independent, rejecting 8 government bills since
1990 and sending 28 bills to committee for review.
In 1993 the Majlis introduced a question time in which members
may question government ministers about public policy.  Debate
on the floor has since become increasingly sharp and more
open.  The last Majlis election was held in December.
According to South Asian Association for Regional Cooperation
observers, the elections were generally free and fair.
Irregularities were observed and repolling required in one of
20 constituencies.  Over 200 candidates campaigned freely for
40 seats.
Women are not eligible to become president but may hold other
government posts.  For reasons of tradition and culture, few
women seek or are selected for public office.  In 1994 two
women served in the Majlis and one in the Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no active local human rights groups.  The Government
has been responsive to at least one foreign government's
interest in examining human rights issues.  The Government also
facilitated the visit of a team of South Asian Association for
Regional Cooperation election observors.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women traditionally have played a subordinate role in society,
although they now participate in public life in growing numbers
and gradually at higher levels.  Well-educated women maintain
that cultural norms, not the law, inhibit women's education and
career choices.  In many instances, education for girls is
curtailed after the seventh grade, largely because parents do
not allow girls to leave their home island for one having a
secondary school.  Due largely to orthodox Islamic training,
there is a strong strain of conservative sentiment--especially
among small businessmen and residents of the outer
islands--which opposes an active role for women outside the
home.
Under Islamic practice, husbands may divorce their wives more
easily than vice versa--absent any mutual agreement to
divorce.  Islamic law also governs inheritance, according to
male heirs twice the share of female heirs.  As noted in
Section 1.e., a woman's testimony is equal to only half of that
of a man.  Women who work for wages generally receive pay equal
to that of men in the same positions.  About 10 percent of
uniformed NSS personnel are women.
There are no firm data on the extent of violence against women
because of the value attached to privacy in this conservative
society.  Police officials report that they receive few
complaints of assaults against women.  Maldivian women's rights
advocates agree that wife beating and other forms of violence
are not widespread.  Rape and other violent crimes against
women are rare.
     Children
There is no reported pattern of abuse against children.
Children's rights are incorporated into Maldivian law, which
specifically protects children from both physical and
psychological abuse--including at the hands of teachers or
parents.  The Ministry of Home Affairs has the authority to
enforce this law, takes its responsibility seriously, and has
received strong popular support for its efforts.
     People with Disabilities
There is no law that specifically addresses the rights of the
physically or mentally disabled.  However, the Government has
established programs and provided services for the disabled.
There is no legislated or mandated accessibility for the
disabled.
Section 6  Worker Rights
     a.  The Right of Association
While the Government does not expressly prohibit unions, it
recognizes neither the right to form them nor the right to
strike.  There were no reports of efforts to either form unions
or to strike in 1994.
The work force consists of approximately 57,000 persons, about
20 percent of whom are employed in fishing.  About 17,000
foreigners work in Maldives.  Many are from Sri Lanka and India
and work in resort hotels so that Maldivian nationals may avoid
serving liquor.  Many factory workers are also foreign
laborers; others are engaged in construction projects.  The
great majority of workers are employed outside the wage
sector.  The Government estimates that the manufacturing sector
employs about 15 percent of the labor force and tourism another
10 percent.
     b.  The Right to Organize and Bargain Collectively
The law neither prohibits nor protects the workers' rights to
organize and bargain collectively.  Wages in the private sector
are set by contract between employers and employees and are
usually based on the rates for similar work in the public
sector.  There are no laws specifically prohibiting antiunion
discrimination by employers against union members or
organizers.  The Government has exerted pressure in the past to
discourage seamen from joining foreign seamen's unions as a
means to secure higher wages.  There were no reported
complaints alleging such discrimination in 1994.  In addition,
there were no reports in 1994 of government interference with
workers' attempts to join unions.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not prohibited by law.  There are
no reports that it is practiced.
     d.  Minimum Age for Employment of Children
There is no compulsory education law.  A 1992 law bars children
under 14 years of age from "places of waged work" and from work
that is "not suitable for that child's age, health, or physical
ability" or that "might obstruct the education or adversely
affect the mentality or behavior of the child."  An earlier law
prohibits government employment of children under the age of
16.  There are no reports of children being employed in the
small industrial sector, although children do work in family
fishing, agricultural, and commercial activities.  The hours of
work of young workers are not specifically limited by statute.
     e.  Acceptable Conditions of Work
In June the Government promulgated its first set of regulations
for employer-employee relations.  The regulations specify the
terms that must be incorporated into employment contracts and
address such issues as training, work hours, safety,
remuneration, leave, fines, termination, etc.  There is no
national minimum wage for the private sector, although the
Government has established wage floors for certain kinds of
work.  Given the severe shortage of labor, employers must offer
competitive pay and conditions to attract skilled workers.
There are no statutory provisions for hours of work, but the
new regulations require that a work contract specify the normal
work and overtime hours on a weekly or monthly basis.  In the
public sector, a 6-hour day and a 6-day workweek have been
established through administrative circulars from the
President's office.  Overtime pay for working more than 6 hours
a day was instituted in the public sector in 1990.  Under the
new regulations employees are authorized 20 days of annual
leave, 30 days of medical leave, maternity leave of 45 days,
and special annual leave of 10 days for extraordinary
circumstances.  There are no laws governing health and safety
conditions.  Regulations require that employers provide a safe
working environment and ensure the observance of safety
measures.
MALI1
\TITLE:  MALI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              MALI
Mali has a constitutional Government headed by Prime Minister
Ibrahim Boubacar Keita.  In the country's first democratic
elections in 1992, which were judged to be free and fair by
international observers, citizens ratified a new Constitution
and elected the National Assembly and President Alpha Oumar
Konare as Head of State.  These elections completed a 14-month
transition following the 1991 overthrow of the Moussa Traore
regime.
Violent student demonstrations flared up in February against
government restrictions on financial aid, the same issue that
had forced the resignation of the Third Republic's first
government in 1993.  However, the Government and the students
largely resolved their differences, and the school year began
normally.  In June Tuareg and Maur bandits and rebels in the
North increased their attacks on civilian targets, leading to
military, self-defense, and vigilante group reprisals; an
estimated 300 people, mostly civilians, were killed.  Much of
the Tuareg and Maur population fled to neighboring countries.
Security forces are composed of the army, air force,
Gendarmerie, the Republican Guard, and the police.  The army
and air force are under the control of a civilian Minister of
Defense, as are the Gendarmerie and the Republican Guard.  The
police are under the Ministry of Territorial Administration.
There is a lack of discipline among the security forces'
enlisted personnel, and elements of the security forces and
vigilante groups committed extrajudicial killings and other
human rights violations in Mali's northern regions during
reprisal raids against Tuareg and Maur bandit groups.
Mali is a very poor country.  Its economy is based primarily on
farming and animal husbandry, making it highly dependent on
adequate rainfall for its economic well-being.  The Government
continues to implement reforms aimed at modernizing the
economy.  Nevertheless, Mali continues to be beset by economic
problems, including a depressed economy, inadequate government
revenues, dependence on international donors, demands from a
number of vocal special interest groups, and a literacy rate of
about 23 percent.
The Government generally respected constitutional provisions on
freedoms of speech, press, assembly, association and religion.
However, elements of the security forces committed an
undetermined number of extrajudicial killings of Tuaregs and
Maurs in June, July, and August.  The judicial system continues
to be plagued by a large backlog of cases, which results in
persons languishing in prison for long periods of time.  Social
and cultural factors continued to sharply limit economic and
educational opportunities for most women.  Societal violence
against women, including spouse abuse and female genital
mutilation, is widespread.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of targeted political killings.  A
resurgence of Tuareg and Maur bandit/rebel attacks in Mali's
northern regions in June, July, and August initiated a cycle of
attacks and reprisals, leading to the deaths of as many as 300
people, mostly civilians.  In reprisal actions, elements of the
security forces were responsible for an undetermined number of
these extrajudicial killings.  According to credible reports,
armed groups of Tuaregs and Maurs and self-defense/vigilante
groups, organized by the black sedentary populations, also
committed extrajudicial killings.
On April 21, in a reprisal attack against Tuaregs and Maurs in
Menaka, the military killed 4 people and wounded 12.  A
military inquiry resulted only in the transfer of a number of
military personnel to other camps, but there were no charges,
trials, or convictions.  In June and July, security forces and
self-defense/vigilante groups in the Timbuktu region killed as
many as 50 Tuaregs and Maurs, including the director of the
Islamic/Arabic Study and Documentation Center located in
Timbuktu.
On July 25 rebels attacked the town of Bamba and killed an
estimated 40 civilians.  Some reports placed the casualty
figure over 100.  The 1992 National Pact ended the official
insurrection in the north, but bandit attacks continued
sporadically.  The Government and four major rebel groups still
recognize the Pact, but do not implement its provisions.
On October 4, a four-person military patrol shot and killed the
Swiss Cooperation Mission director and two Malian colleagues in
the town of Niafunke, allegedly because the mission was aiding
Tuareg rebels.  A government mission of inquiry into the
killings determined that the patrol's actions were unwarranted
and unjustified.  By year's end, the Government had not
identified publicly the responsible parties, nor set in motion
judicial proceedings.
On October 20, a large group of rebels attacked the town of
Ansongo in the southeastern corner of Mali, killing
approximately six persons, including the head of the military
detachment and several civilians.  On October 22, Tuaregs and
Maurs attacked civilian and other targets in the city of Gao,
killing approximately 14 persons and wounding 17.  The
Government condemned such acts by all parties but appeared to
have little control over some security elements in the north.
Although the National Pact calls for a Commission of Inquiry,
the Government did nothing to create one.
     b.  Disappearance
There were credible but unconfirmed reports of disappearance,
related to the escalation of violence in the north, which
implicated elements of the security forces, Tuareg and Maur
armed groups, and, possibly, self-defense groups organized by
the black sedentary populations.  Despite government
condemnation, authorities made no inquiries, no arrests, and no
prosecutions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Prison conditions continue to be characterized by overcrowding,
inadequate medical facilities, and limited food supplies.
Several associations are working with women and juvenile
prisoners to improve their conditions.  Juvenile offenders are
usually held in the same prison as adult offenders.  Women are
housed in the same prison facility as men but live in a
separate compound.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides that suspects must be charged or
released within 48 hours, and are entitled to counsel.  In
practice, however, detainees are not always charged within the
48-hour period.  Moreover, administrative backlogs and
insufficient lawyers, judges, and courts often cause lengthy
delays in bringing people to trial.  In extreme cases,
individuals languish several years in prison before coming to
trial.
Bail does not exist.  On rare occasions the authorities release
defendants on their own recognizance.  The Government released
18 former members of the overthrown Moussa Traore regime who
faced charges of economic crimes against the State.  A court
found the former president and three former government
officials to be responsible for the deaths of over 100 people
during the demonstrations that led to Traore's overthrow, and
the court sentenced the four to death in 1993.  Although the
Supreme Court denied their subsequent appeal, the President
could still commute their sentences.  Commandant Lamine
Diabira, arrested by the Government in 1991 for plotting to
overthrow the then-transitional Government, was finally
released in July for lack of evidence.
The Government does not practice forced exile.
     e.  Denial of Fair Public Trial
The Constitution provides for an independent judiciary, but the
executive branch exerts considerable influence over the
judicial system.  The Ministry of Justice appoints judges and
supervises both law enforcement and judicial functions, and the
President heads the Superior Judicial Council, which supervises
judicial activity.  The Supreme Court has both judicial and
administrative powers.  The Constitution provides for a
separate Constitutional Court and a High Court of Justice with
the power to try senior government officials in cases of
treason.
Except in the case of minors, trials are public, and defendants
have the right to be present and to have an attorney of their
choice.  Defendants are presumed innocent and have the right to
confront witnesses and to appeal decisions to the Supreme
Court.  Court-appointed attorneys are provided for the indigent
on a pro bono basis.  The majority of disputes in rural Mali
are handled at the village level and are generally decided by
the village chief in consultation with the elders.  If these
decisions are challenged in court, only those found to have
legal merit will be upheld.  Women and minorities are not
discriminated against in courts.
There are no political prisoners in Mali.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of the home,
and the Government respects this right in practice.  Police
searches are infrequent, and require judicial warrants.
Security forces do, however, maintain physical surveillance of
individuals and groups believed to be threats to internal
security; with court approval, police may maintain technical
surveillance as well.  There were no instances of forced
resettlement.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
The Government controls the only television station, two of
many radio stations, and one of the three daily newspapers, but
these all operate on a semi-independent basis and are open to a
wide range of views, including those critical of the President,
the Prime Minister, the Government, and other politicians.
Apart from the two Government radio stations in Bamako and
several government stations serving regional capitals, there
are seven independent stations in Bamako and many other
independent regional stations.  The Government has promulgated
the decrees necessary for the operation of private television
in Mali, and a number of frequencies have been set aside for
this use.  All that remains is for the Government to set
licensing fees and to distribute the frequencies.  Four or five
groups are already licensed to begin broadcasting, and at least
one is in the process of setting up its antenna tower.
There are nearly 50 independent newspapers and journals, in
French and local languages, including two independent daily
papers.  The Government does not interfere with political
meetings, which take place openly.
Although 1993 laws regulating the press provide for substantial
penalties, including imprisonment, for slander and for public
injury to the Head of State, other officials, and foreign
diplomats, the law leaves injury undefined and subject to
judicial interpretation.
On November 23, the Government arrested Sambi Toure, the editor
in chief of the antigovernment daily Nouvel Horizon, on charges
of publishing false information which threatened national
security and the integrity of the defense forces.  Mr. Toure
was released after 10 days on his own recognizance and in a
trial in late December was acquitted of all charges.
In a 1993 case in which the President of the Supreme Court sued
a newspaper publisher for slander, the court found the
publisher guilty but levied only a symbolic fine of 1 CFA franc.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of assembly and
association.  The Government routinely grants permits for mass
demonstrations.  There are dozens of political parties and
hundreds of professional and special interest associations.
The Constitution forbids the formation of political parties
based on religion, region, or ethnicity.  The Ministry of
Territorial Administration approves the charter of all
political parties.  The banned party of Moussa Traore, the
Democratic Union of the Malian People (UDPM), operates openly,
although it is still not officially recognized by the
Government.
     c.  Freedom of Religion
Mali is a secular state.  The Government does not discriminate
on religious grounds and citizens are free to practice their
faiths.  Although legal restrictions on the Baha'i faith still
exist, the Government does not enforce them and Baha'i worship
freely.  The Constitution prohibits discrimination by reason of
social origin, color, language, sex, religion, or race.    The
Minister of Territorial Administration prohibits religious
publications which it concludes defame another religion.  There
were no known instances of publications being prohibited.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government generally does not restrict internal freedom of
movement, although police routinely stop and check both
citizens and foreigners, ostensibly to restrict the movement of
contraband and to verify vehicle registrations.  Some police
and gendarmes use the occasion to extort bribes.  The practice
of the police accepting small gifts for overlooking
infractions, real or imagined, is common and has a long
tradition.
There are approximately 13,000 Mauritanian Peuhl refugees
settled in Mali.  The fighting in the north between government
troops and Tuareg rebels has generated an estimated 100,000 to
120,000 Tuareg and Maur refugees, most of whom fled to
Mauritania, Algeria, and Burkina Faso.  Although Mali has
signed repatriation accords with all three nations under the
auspices of the United Nations High Commissioner for Refugees,
it has not implemented them.  The Government does not forcibly
repatriate refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government and did so
for the first time in 1992, voting by secret ballot in
elections which were generally free, fair, and broad-based,
despite some irregularities.  In the elections, 21 political
parties participated; 11 are represented in the National
Assembly.  The President's party, the Association for Democracy
in Mali, holds the majority.  Nomadic peoples are
represented--including Fulani (the President of the Assembly)
and Tuareg.  Tuaregs are, of course, also represented in
Government.
Under the Constitution, the President is Chief of State and
commander-in-chief of the armed forces and is elected for a
term of 5 years with a limit of two terms.  The President
appoints the Prime Minister.
Women are underrepresented in politics.  Only 3 women hold
seats in the 116-member National Assembly, and 2 Cabinet
ministers are women.  A third woman, the Secretary for the
Promotion of Women, holds ministerial rank.  There are no
restrictions on voting, legal or otherwise, for women or
minorities.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are three independent human rights organizations:  the
Malian Association for Human Rights (AMDH), a smaller Malian
League of Human Rights, and a recently established chapter of
Amnesty International.  All operate openly and without
interference from the Government.  AMDH criticized government
policy toward student protests and treatment of students
protesting (often violently) for larger scholarships.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Constitution prohibits discrimination based on sex and
provides for the basic rights of all persons.  The Government
respects these rights in practice, but social and cultural
factors give men a dominant role.  Women's access to jobs in
the professions and government is limited, as are economic and
educational opportunities.  The Government, the major employer,
pays women the same as men for similar work.  Women often live
under harsh conditions, especially in the rural areas, where
they perform hard farm work and do most of the childrearing.
Despite legislation giving women equal rights regarding
property, traditional practice and ignorance of the law prevent
women from taking full advantage of this reform.  There are
numerous active women's groups that promote the rights of women
and children, and the female head of the Commission for the
Promotion of Women enjoys the rank of minister.  Women have
very limited access to legal services.  They are particularly
vulnerable in cases of divorce, child custody, and inheritance
rights, as well as in general protection of civil rights.
Violence against women, including wife beating, is tolerated
and pervasive.
     Children
There is no constitutional or legal provision to protect the
interests and rights of children, and no juvenile court
system.  However, the Malian Social Services Department
investigates and intervenes in cases of reported child abuse or
neglect.  Only one in five children receives basic education.
Female genital mutilation (FGM), widely condemned by
international health experts as damaging to both physical and
psychological health, is still common, especially in rural
areas, and is performed on girls at an early age.  According to
an international expert, 75 percent of women have undergone
this mutilation.  The Government has not proposed legislation
prohibiting FGM.  It supports educational efforts to eliminate
the practice through seminars and conferences and provides
media access to proponents of its elimination.
     People with Disabilities
There is no specific legislation protecting the rights of the
physically disabled or mentally handicapped, nor mandating
accessibility.  The physically disabled are not discriminated
against in access to employment, education, and other state
services.  Given the high unemployment rate, however, the
physically disabled are often unable to find work.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and the Labor Code specifically provide for
the freedom of workers to form or join unions and protect
freedom of association.  Only the military, the gendarmerie,
and the Republican Guard are excluded from forming unions.  An
unofficial union of noncommissioned officers struck for 3 days;
the Government took no punitive action taken against it or its
members.  The police also formed a union, affiliated with the
National Union of Malian Workers (UNTM) Confederation.
Virtually all salaried employees are organized.  Workers have
established independent unions for teachers, magistrates,
health workers, and senior civil servants.  The UNTM has
maintained its autonomy from the current Government.
The Constitution provides for the right to strike, although
there are restrictions in some areas.  For example, civil
service and workers in state-owned enterprises must give 2
weeks' notice of a planned strike and must enter into
negotiations with the employer and a third party, usually the
Ministry of Labor.  Workers receive no pay for the time they
are on strike.  The Labor Code prohibits retribution against
strikers.  Most strikes have involved government employees, and
the Government made no attempt to retaliate.  Unions are free
to associate with and participate in international bodies.
     b.  The Right to Organize and Bargain Collectively
True collective bargaining does not take place.  The growth of
independent unions has led to more direct bargaining between
these unions and their employers.  Wages and salaries, however,
for those workers belonging to the UNTM unions are set by
tripartite negotiations between the Ministry of Labor, labor
unions, and representatives of the federation of employers of
the sector to which the wages apply.  These negotiations
usually set the pattern for unions outside the UNTM.  The
Ministry of Labor acts as a mediator in labor disputes.
Neither the Constitution nor the Labor Code addresses the
question of antiunion discrimination, but there have been no
reports or complaints of antiunion behavior or activities.  If
the parties cannot come to agreement, the dispute goes to the
Labor Court for decision.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor.
However, reports of de facto slavery persist, especially in the
extremely remote salt mining communities north of Timbuktu.
     d.  Minimum Age for Employment of Children
The minimum legal age for employment is 14, but children may
work with parents' permission as apprentices at age 12.  This
regulation is often ignored in practice.  Moreover, it has no
effect on the vast number of children who work in rural areas,
helping with family farms and herds, and in the informal
sector, e.g., street vending.  These children are not protected
by laws against unjust compensation, excessive hours, or
capricious discharge.  The Labor Inspection Service of the
Ministry of Labor is responsible for, and reasonably effective
in, enforcement of child labor laws, but only in the modern
sector.
     e.  Acceptable Conditions of Work
The Labor Code specifies conditions of employment, including
hours, wages, and social security, but in practice many
employers either ignore or do not comply completely with the
regulations.  The national minimum wage rate is approximately
$40 per month (21,000 CFA francs).  Workers paid on a daily
basis receive a rate of $1.80 (1,000 CFA francs).  Workers must
be paid overtime for additional hours.  The minimum wage is
supplemented by a required package of benefits, including
social security and health care benefits.  While this total
package could provide a minimum standard of living for one
person, in practice most wage earners support large extended
families and must supplement their income by some subsistence
farming or work in the informal sector.
The normal legal workweek is 40 hours, with a requirement for
at least one 24-hour rest period.  The Social Security Code
provides a broad range of legal protections against hazards in
the workplace, and workers' groups have brought pressure on
employers to respect parts of the regulations, particularly
those affecting personal hygiene.  With unemployment high,
however, workers are often reluctant to report violations of
occupational safety.  The Labor Inspection Service of the
Ministry of Labor oversees these standards, but limits
enforcement to the modern, formal sector.  Workers have the
right to remove themselves from dangerous work situations and
request an investigation by the Social Security Department,
which is responsible for recommending remedial action where
deemed necessary.
MALTA1
,TITLE:  MALTA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             MALTA
Malta is a constitutional republic and parliamentary
democracy.  The Head of State (President) appoints as Head of
Government (Prime Minister) the leader of the party that gains
a plurality of seats in the quinquennial elections for the
unicameral legislature.
The police are commanded by a civilian commissioner under the
effective supervision of the Government.
The economy is a mixture of state-owned and private industry,
with tourism and light manufacturing as the largest sectors.
The Government is strongly committed to human rights.  An
independent judiciary upholds the Constitution's protections
for individual rights and freedoms.  However, societal
discrimination against women remains widespread.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killing.
     b.  Disappearance
There were no known instances of political disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits inhuman or degrading punishment or
treatment.  There were no reports of violations.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for freedom from arbitrary arrest and
detention.  There were no reports of violations.  The police
may arrest a person for questioning, on the basis of reasonable
suspicion, but within 48 hours must either release the suspect
or lodge charges.  Arrested persons have no right to legal
counsel during this 48-hour period.  Persons incarcerated
pending trial are granted access to counsel.  Bail is normally
granted.
The law prohibits political exile.  No cases were reported.
     e.  Denial of Fair Public Trial
The judiciary is independent of the other branches.
The Constitution requires a fair public trial before an
impartial court.  Defendants have the right to counsel of their
choice or (if they cannot pay the cost) to court-appointed
counsel at public expense.  Defendants enjoy a presumption of
innocence.  They may confront witnesses, and present evidence.
They also have the right of appeal.
There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution protects privacy of the home and prohibits
electronic surveillance.  The Government respects these
provisions.  Search warrants are issued by police officers of
the rank of inspector or above based on perceived reasonable
grounds for suspicion of wrongdoing.
Section 2  Respect for Civil Liberties, Including
     a.  Freedom of Speech and Press
The Constitution protects freedom of speech and press, and the
Government respects this.  However, the 1987 Foreign
Interference Act bans foreign participation in local politics,
including speechmaking, during a period leading up to
elections.  Three daily, seven weekly, and one biweekly
newspaper freely express diverse views.
Academic freedom is generally respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
Police permits are routinely issued for political meetings and
other public activities.
     c.  Freedom of Religion
The Constitution protects freedom of religion, and the
Government fully respects this.  The state-supported religion
is Roman Catholicism.  The Government grants subsidies only to
Roman Catholic schools.  Students in government schools have
the option to decline instruction in Roman Catholicism.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not arbitrarily restrict movement within
the country, foreign travel, or emigration.  A court order may
prohibit the departure from the country of anyone who is the
subject of a formal complaint alleging nonfulfillment of an
obligation, such as nonpayment of a debt or nonsupport of an
estranged spouse.
Since 1992 the Government has granted temporary refugee status
to over 900 persons, pending their relocation abroad, and has
provided assistance and counseling in cooperation with the U.N.
High Commissioner for Refugees (UNHCR).  The Government expels
or repatriates persons it deems to be economic refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
          to Change Their Government
Citizens exercise this right in multiparty, secret-ballot
elections held every 5 years on the basis of universal suffrage
for those 18 years of age or over.  In the 1992 election, 96
percent of the electorate voted.
Section 4  Governmental Attitude Regarding International and
          Nongovernmental Investigation of Alleged Violations
          of Human Rights
Various human rights organizations and persons interested in
promoting and protecting human rights operate freely.  The
Government also places no restrictions on investigations by
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
          Disability, Language, or Social Status
The Constitution and law prohibit discrimination based on
gender; they do not address other discriminatory factors.
     Women
The Constitution provides that all citizens have access, on a
nondiscriminatory basis, to housing, employment, and
education.   However, the society traditionally does not treat
women's rights as matters of human rights; reflecting this, the
Government has been passive regarding women's rights.
Women constitute a growing portion of the work force, but most
either remain in traditional "women's jobs" (such as sales
clerk, secretary, bank teller, teacher, or nurse) or move into
more rewarding jobs only in family-owned businesses or in a
certain few professions (e.g., medicine).  Women generally earn
less than their male counterparts.
There is no widespread pattern of family violence against
women, but a continuing increase in reports of such incidents
has made plain that the problem is not negligible.  A special
police unit and several voluntary organizations provide
assistance to victims of domestic violence.  For women who are
threatened or physically abused, the Government also maintains
an emergency fund, and subsidizes a shelter,
Available data show prosecutions of six rape cases in 1994.
Rape carries a sentence of up to 10 years.  The law treats
spousal rape the same as other rape.   Divorce and abortion are
not legal in Malta.
     Children
The Government views the rights of children within the context
of general family law.  Specific legislation to protect
children's rights has languished in the Parliament for the past
2 years.  Meanwhile, the number of reported cases of child
abuse has grown as public awareness has increased, but it is
not clear whether the actual number of incidents has increased.
     Persons with Disabilities
The law protects the rights of the disabled.  The 1969
Employment of Disabled Persons Act led to greater employment of
disabled persons in government agencies.  The 1992 Structures
Act requires accessibility to public buildings for people with
physical disabilities, but implementation has been slow.
Section 6  Worker Rights
     a.  The Right of Association
Workers have the right to associate freely and to strike, and
the Government respects this.  Only noncivilian personnel of
the armed forces and police are prohibited from striking.
There are 24 registered trade unions, representing about 50
percent of the work force.
Although all unions are independent of political parties, the
largest, the General Workers' Union, is generally regarded as
having close informal ties with one party.  There is no
prohibition on unions affiliating internationally.
Under the Industrial Relations Act of 1976, the responsible
minister may refer labor disputes either to the Industrial
Tribunal (a government-appointed body consisting of
representatives of government, employers, and employee groups)
or to binding arbitration.  The International Labor
Organization (ILO) Committee of Experts objects to a provision
of the Act that permits compulsory arbitration to be held at
the request of only one of the parties, but neither unions nor
employers appear to object to this provision.  In practice, a
striking union can ignore an unfavorable decision of the
Tribunal by continuing the strike on other grounds.  No
disputes were referred to the Tribunal in 1994.
     b.  The Right to Organize and Bargain Collectively
Workers are free, in law and practice, to organize and bargain
collectively.  Unions and employers meet annually with
government representatives to work out a comprehensive
agreement regulating industrial relations and income policy.
Under the Industrial Relations Act, an employer may not take
action against any employee for participation or membership in
a trade union.  Complaints may be pursued through a court of
law, through a tripartite (union-employers-government)
tribunal, or through the Commission Against Injustices (a
government-appointed body composed of representatives of the
Government and the opposition); but most disputes are resolved
directly between the parties.  Workers fired solely for union
activities must be reinstated.
Malta has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution bans forced labor, and it does not occur.
     d.  Minimum Age for Employment of Children
The law prohibits employment of children younger than age 16.
This is generally respected, but there is some employment of
underage children during summer months, especially as
domestics, restaurant kitchen help, or vendors.  The Department
of Labor enforces the law effectively, but is lenient in cases
of summer employment of underage youth in businesses run by
their families.
     e.  Acceptable Conditions of Work
The legal minimum wage, $103 (40.33 Malta liri) per week,
affords a decent standard of living for a worker and family
with the addition of government subsidies for housing, health
care, and education.  Wage Councils, composed of
representatives of government, business and unions, regulate
workhours; for most sectors the standard is 40 hours per week,
but in some trades it is 43 or 45 hours per week.
Government regulations prescribe daily rest periods of 1 hour.
The law mandates an annual paid vacation of 22 work days.  The
Department of Labor effectively enforces these requirements.
After several years of debate, and amid reports of an
increasing number of industrial accidents, Parliament passed
the Occupational Health and Safety (Promotion) Act in February
1994.  The Act calls for the establishment of an agency to take
over enforcement responsibility from the Department of Labor,
which has been lax regarding these matters.  A date for
implementation has yet to be set.
MARSHALL1
d-d-TITLE:  MARSHALL ISLANDS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        MARSHALL ISLANDS
The Republic of the Marshall Islands, a self-governing nation
under the Compact of Free Association with the United States,
is composed of a number of small islands in the central
Pacific, comprising a total land area of about 70 square
miles.  The population of approximately 50,000 is of
Micronesian origin and concentrated primarily on Majuro and
Kwajalein atolls.
The Constitution provides for free and fair elections,
executive and legislative branches, and an independent
judiciary.  The legislature consists of the Nitijela, a
33-member Parliament, and a Council of Chiefs (Iroij), which
serves a largely consultative function dealing with custom and
traditional practice.  The President is elected by majority
vote of the Nitijela, and he appoints his Cabinet from its
membership.
Under the Compact of Free Association, the United States is
responsible for defense and national security, and the Marshall
Islands has no security forces of its own.  The national and
local police forces, supervised by the Ministry of Justice,
have responsibility for internal security.  These agencies
observe constitutional and legal protections of civil rights in
carrying out their responsibilities.
The economy depends mainly on transfer payments from the United
States.  Coconut oil and copra exports, a small amount of
tourism, and the fishing industry generate limited revenues.
Human rights abuses are rare, but government influence leads to
occasional instances of self-censorship in sensitive political
or cultural areas.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and other cruel, inhuman, or
degrading treatment or punishment, and there was no evidence
that it occurred.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for safeguards against arbitrary
arrest and detention, and no such incidents were reported.
Forced exile does not occur.
     e.  Denial of Fair Public Trial
The Constitution provides for the right to a fair public trial,
and this right is observed in practice.  The Government
provides legal counsel for the indigent.  There were no
reported denials of fair public trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law provides for privacy of the home.  This is respected by
the Government.  There was no known instance of arbitrary
intrusion by the State into the private life of the individual.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and the Government generally honors these rights in practice.
However, government influence leads to occasional
self-censorship by the media in areas of political or cultural
sensitivity.  There are four operating radio stations, one
government owned, and three privately owned, including one
owned by a prominent member of the opposition.  A cable
television company is owned and operated by members of the
political opposition.  It shows U.S. programming but
occasionally covers local events.  In 1994 the Government
closed the single television station, operated by the national
museum, as a cost saving measure.
A U.S. citizen and longtime resident operates the country's
sole newspaper.  The editor and two reporters are also U.S.
citizens.
In September the Nitijela passed a resolution expressing its
displeasure over public comments attributed to a prominent U.S.
attorney that were perceived to be critical of the Government.
The resolution did not repeat what was said, nor did it state
what the Government found offensive.  The resolution demanded
that the attorney express a formal apology, which he did in a
letter to the President.
The Government publishes a monthly gazette containing official
news and notices only.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association, and this is observed in practice.
     c.  Freedom of Religion
The Constitution provides for the free exercise of religion and
this is observed in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are free to travel within the country and abroad.
Neither emigration nor repatriation is restricted.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides citizens this right and it is
exercised in practice.  The Government is chosen by secret
ballot in free and open elections every 4 years.  Suffrage is
universal for those 18 years of age and older.  The formation
of political parties is not restricted, although political
activity by aliens is prohibited.  The Marshall Islands,
however, has had the same President since 1979, due primarily
to traditional loyalties and concentrated political influence.
There are no legal impediments to women's participation in
government and politics.  A woman currently serves as the
Minister of Education, and two women serve in deputy minister
positions.  The mayor of Majuro, the country's capital and
principal urban center, also is a woman.  Although women's role
in government is increasing, they remain underrepresented in
Parliament and other government positions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no official restrictions, no local
nongovernmental human rights organizations have been formed.
No international human rights organization has expressed
interest or concern or visited the country.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of sex,
race, color, language, religion, political or other opinion,
national or social origin, place of birth, family status, or
descent, and the Government respects these provisions.
     Women
Inheritance of property and of traditional rank is matrilineal,
with women occupying positions of importance within the
traditional system.  No instances of unequal pay for equal work
or sex-related job discrimination were reported.
There are occasional allegations of violence against women,
mainly related to domestic abuse.  According to the
Government's public health office and women's groups, only a
few such cases are reported to the authorities every year, but
many more are believed to go unreported.  Although assault is a
criminal offense, women are reluctant to prosecute their
spouses.
     Children
The Government is committed to children's welfare through its
programs of health care and education, but these have not been
adequate to meet the needs of the country's sharply increasing
population.  The Domestic Relations Amendment of 1993 defines
child abuse and neglect and makes them criminal offenses.
Other legislation requires teachers, caregivers, and other
persons to report instances of child abuse and exempts them
from civil or criminal liability.  According to the Attorney
General's office, however, the child abuse law is vague and
difficult to apply.  That office at year's end had the law
under study with a view to proposing revisions which would
make it more clear and practical.  Child abuse is thought to be
relatively uncommon, and there have been no child abuse
prosecutions.
     People with Disabilities
There is no legislation specifically prohibiting discrimination
based on disability.  Until 1994 there were no building codes,
and there is still no legislation requiring access for the
disabled.  There have been no reported instances of
discrimination against the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of free association in
general, and the Government interprets this right as allowing
the existence of labor unions; however, none has been formed to
date.  The Constitution does not provide for the right to
strike, and the Government has not addressed this issue.
     b.  The Right to Organize and Bargain Collectively
There is no legislation concerning collective bargaining or
trade union organization.  However, there are no impediments to
the organization of trade unions or to collective bargaining.
Wages in the cash economy are determined by market factors in
accordance with the minimum wage and other laws.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits involuntary servitude, and there is
no evidence of its practice.
     d.  Minimum Age for Employment of Children
The law does not prohibit the employment of children.  Children
are not typically employed in the wage economy, but some assist
their families with fishing, agriculture, and other small-scale
family enterprises.  The law requires compulsory education for
children aged 6 to 14; but the Government does not enforce this
law due to a lack of classrooms and teachers.
     e.  Acceptable Conditions of Work
There is a government-specified minimum wage established by
law, and it is adequate to maintain a decent standard of living
in this subsistence economy, where extended families are
expected to help less fortunate family members.  The minimum
hourly wage for all government and private sector employees is
$1.50.  (The U.S. dollar is the local currency.)  The Ministry
of Resources and Development oversees minimum wage regulations,
and its oversight has been considered adequate.  Foreign
employees and Marshallese trainees of private employers who
have invested in or established a business in the country are
exempt from minimum wage requirements.  This exemption does not
affect a significant segment of the work force.  There is no
legislation concerning maximum hours of work or occupational
safety and health, although most businesses are closed on
Sundays.  In 1994, in an attempt to cut government spending,
legislation was passed to shorten the workweek of most
government employees.
A Labor Board makes recommendations to the Nitijela on working
conditions, e.g., minimum wage, work hours, overtime payments,
and occupational health and safety standards in accordance with
International Labor Organization conventions.  The Board meets
periodically and is open to the public.  There is no
legislation specifically giving workers the right to remove
themselves from situations which endanger their health or
safety without jeopardy to their continued employment, and no
legislation protecting workers who file complaints about such
conditions.
MAURITAN1
oTITLE:  MAURITANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           MAURITANIA
Mauritania is an Islamic republic.  The 1991 Constitution
provides for a civilian government composed of a dominant
executive branch, a Senate and National Assembly, and a
judiciary.  President Maaouya Ould Sid'Ahmed Taya has governed
since 1984, first as head of a military junta, and since the
1992 election as head of civilian government.  Election
observers concluded that President Taya's 62-percent majority
in a four-way election was fraudulent.  Most opposition parties
boycotted the subsequent parliamentary elections.  The
President and the Government have strong military support.
The Government maintains order with regular armed forces, the
National Guard, the Gendarmerie (a specialized corps of
paramilitary police), and the police.  The Ministry of Defense
directs the armed forces and Gendamerie; the Ministry of
Interior directs the National Guard and police.  There have
been reported instances of these forces engaging in human
rights abuses.
Mauritania, with a population of 2.2 million, has a
market-oriented economy based on subsistence farming, herding
and a small commercial sector.  Drought, desertification,
insect infestation, rapid urbanization, extensive unemployment,
and a burdensome foreign debt handicap the economy.  Inadequate
recent rainfall has contributed to urbanization, further
straining government finances.
The major human rights problem continues to be the Government's
failure to resolve the outstanding abuses of the 1989-92 period
in which approximately 70,000 Mauritanians were expelled or
fled and some 500 members of the military were killed--almost
entirely African Mauritanians.  Hundreds more were tortured and
maimed.  In 1993, the Parliament passed an amnesty bill to
preclude legal pursuit of those responsible.  The Government
has, however, paid pensions and compensation to some survivors
and to some families of those killed.  Democratic institutions
are still rudimentary, and ethnic tensions remain high, with
many non-Hassaniya-speaking citizens continuing to feel
excluded from effective political representation.
Although the Government has instituted some judicial reform, in
practice, the right to a fair trial continues to be
restricted.  Police often used brutal methods, and the
Government continued to restrict political activity, seize
publications, and discriminate on the basis of language.
Prison conditions are harsh and unhealthy.  Societal
discrimination and female genital mutilation remain a serious
concern.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no confirmed reports of political killings, but two
persons are known to have died while in police custody.  In
April police reportedly apprehended Ibrahima Diallo, a
Senegalese taxi driver in Nouakchott, on suspicion of robbery.
He later died in custody; police claimed he died of a heart
attack.  In September a young African-Mauritanian was arrested
in the town of Nouadhibou for petty theft and died while in
police custody.  Credible observers believe that police
mistreatment was the cause of both deaths.  Authorities have
investigated neither of these incidents.  There were a number
of unexplained and uninvestigated deaths in the border regions
with Senegal and Mali.
Authorities brought a police officer to trial for the 1991
torture and death of a criminal suspect.  The court found the
police officer not guilty, but ordered the Ministry of Interior
to pay a "deya" or blood money to the victim's family.
Extrajudicial killings from past years, primarily of
African-Mauritanians, remained unresolved.  The principal
example of such killing involves the death while in military
custody of approximately 500 largely Halpulaar and Soninke
military and civilian personnel; the military has never
released the results of an internal military investigation into
this matter and has not brought charges against those
responsible.
In June 1993, the Government passed a law granting amnesty to
members of the armed forces and police as well as to private
citizens involved in killings and other abuses during 1990 and
1991.  Lawyers representing victims' families concluded that
the law rendered the case legally closed.  The Government
provided pensions to some victims, as well as pensions and
compensation to approximately 277 widows and families who could
document their relationship to those who were killed.  The
Government has refused the claims of approximately another 123
women who could not prove their relationship to those who were
killed.  Government failure to investigate and bring to justice
officials who commit killings or other abuses has created a
climate of impunity.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits the use of torture and other forms of cruel
or inhuman punishment, but the police continue on occasion to
beat criminal suspects while in custody.  Authorities rarely
tried or punished persons suspected of committing such abuses.
There are credible reports that several of the 60 Islamic
persons detained in September and October were tortured.  There
has been no public investigation of the detainees' claims.
Security forces, assigned to forestall cross-border raids in
the Guidimaka area near the Malian and Senegalese borders, have
reportedly resorted to brutality when questioning people.
Prison conditions do not meet minimum humanitarian standards.
There is severe overcrowding, unsanitary conditions, and
inadequate food and medical treatment.  There were no reports
of suspicious deaths among the prison population.  The only
reports of such deaths were among the detainees in pretrial
status cited (see Section 1.a.).  The prison in Nouakchott,
which was built in 1960 for a projected prison population of
200 men, now houses 700.  Observers report better conditions at
the women's prison and children's detention center in
Nouakchott.  At the Government's request, a French
nongovernmental organization (NGO), Pharmaciens sans Frontieres
(Pharmacists Without Borders) is coordinating international
assistance for a large-scale project to improve overall prison
conditions.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for due process and the presumption
of innocence until proven guilty by an established tribunal.
It stipulates that authorities cannot arrest, detain,
prosecute, or punish anyone except as provided for under the
law.  Actual application of these safeguards continued to vary
widely from case to case.
The law requires that courts review the legality of a person's
detention within 48 hours of arrest.  The police may extend the
period for another 48 hours, and a prosecutor may detain
persons for up to 30 days in national security cases.  Only
after the prosecutor submits charges can a suspect contact an
attorney.  There were credible reports that police detained
persons incommunicado for extended periods without charge.
Pretrial detention is extensive, and approximately 50 percent
of the prison population has not yet been tried.  Some indicted
prisoners continue to be released before trial without
explanation.  Familial, tribal, or political connections may
explain some of these releases.  There is a provision for
granting bail, but it is rarely used.
In January police arrested the President of the Mauritanian
Human Rights Association, Cheik Saad Bouh Kamara, searched his
home, and seized his papers without an arrest or search
warrant.  He was detained just under the 48 hours permissible,
then released without charge.  Police questioned him
extensively concerning his human rights activities and his
contacts with an international human rights mission that had
visited Mauritania just prior to his arrest (see Section 4).
In September and October, the Government detained for 2 weeks
and questioned 60 people in connection with an alleged Islamist
plot.  Although the Government said it had evidence against the
detainees, some of whom confessed to subversive activities, the
Government released them without charge.  Observers reported
that in most cases police failed to obtain warrants.
Occasional reports of arbitrary arrests and intimidation
committed by security forces continued, particularly in
communities along the Senegal River.
     e.  Denial of Fair Public Trial
The executive branch controls and influences the judiciary,
which is only nominally independent.  The Ministry of Justice
appoints judges and subjects the courts to pressure in reaching
verdicts.  This influence was evident, for example, in the
court's ruling in favor of the governing party when the
opposition parties challenged some results of the
January-February municipal elections.
In addition to government influence over verdicts, the judicial
system's fairness is limited by poorly educated and poorly
trained judges who are susceptible to tribal and social
pressures.
Moreover, Shari'a (Islamic law), tribal regulations and
personal connections continue to dominate some judicial
decisions.
The formal judicial system includes a system of lower, middle,
and upper level courts, each with specific jurisdiction.
Bridging the traditional and modern systems of justice are 43
department-level tribunals staffed by Qadis, traditional
Islamic magistrates trained primarily in Koranic law.
Mauritanians seeking legal redress in civil matters must
address themselves to one of these tribunals, which operate on
the basis of both Shari'a and legal codes.  Three regional
courts of appeal handle challenges to decisions at the
department and regional levels.  Nominally independent, the
Supreme Court is headed by a magistrate named to a 5-year term
by the President.  The Supreme Court reviews decisions and
rulings made by the courts of appeal to determine their
compliance with the law.  Constitutional review is the purview
of a 6-member Constitutional Council, composed of three members
named by the President, two by the National Assembly President,
and one by the Senate President.
In theory, all defendants, regardless of the court or their
ability to pay, have the legal right to representation by
counsel during the proceedings which are open to the public.
The law provides that defendants may confront witnesses,
present evidence, and appeal their sentences, but in practice
these rights are not regularly applied.
Courts do not treat women as equals of men with respect to
legal testimony:  the testimony of two women is considered
equal to that of one man.  In addition, in awarding an
indemnity to the family of a woman who has been killed, the
courts grant only half the amount they would award for a man's
death.  In addition, there are no female magistrates.
There were no reported political prisoners or detainees at
year's end.  The International Committee of the Red Cross
(ICRC) has concluded that there are no longer any political
prisoners and discontinued monitoring.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law requires judicial warrants in order to execute home
searches, but the authorities often ignore this requirement.
During the roundup of some 60 Islamists in September and
October, as well during the detention of human rights monitor
Cheik Saad Bouh Kamara, police searched detainees' homes and
seized papers without a search warrant.
There were fewer reports of government surveillance of
suspected dissidents than in previous years, although the
extent to which the Government used informants is unknown.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
but the Government continues to restrict these rights through
prepublication press censorship.  Opposition political leaders
campaigned openly during the municipal and Senate elections in
early 1994, and the government-controlled media provided
access, albeit limited, to opposition candidates.  NGO's and
the privately owned press are openly critical of the Government
and its leaders.  Antigovernment tracts, newsletters, and
petitions circulate widely in Nouakchott and other towns.
The electronic media (radio and television) and the country's
two daily newspapers, Horizon and Chaab, are government owned
and operated.  Radio is the most important medium in reaching
the public, and the official media strongly support government
policies.  All newspapers and political parties must register
with the Ministry of the Interior.  The Government has not
refused to register any journal but has on occasion temporarily
suspended publication of some.  At times there have been as
many as 60 independent, privately owned journals, although only
around 20 have appeared regularly.  For the most part, these
weeklies, published in Arabic or French, reached only a limited
audience.
The Ministry of the Interior reviews all newspaper copy prior
to publication.  The Press Law provides that the Minister of
the Interior can stop publication of material discrediting
Islam or threatening national security.  Although the Ministry
did not excise material from journals or otherwise censor
individual articles, authorities seized upwards of 20
individual issues of many different journals.  One journal, Le
Calame, was suspended for a month.  In some cases, the
Government explained its action, saying certain papers seized
contained false allegations concerning neighboring countries
which could impinge on national security.  In other instances,
the Government provided no specific reason for the seizures.
In September, in protest against the seizures, the seven
affiliated papers of the National Association of the
Independent Press (ANPI) suspended publication and demanded
changes in the Press Law to strengthen press independence.
These journals resumed publication in mid-October, while
continuing to press the Government with their demands for a new
press code.
The country's one university is government funded and
government operated.  Academic freedom is generally respected,
and there were no cases in which the Government prevented
professors from pursuing their research interests, from
publication, or censored their lectures.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and for the most part the Government respects this
right, although there have been occasions when it restricted
public gatherings.  The law requires that all political parties
and NGO's must register with the Minister of the Interior and
obtain permission for large meetings or assemblies.  The
Minister of the Interior, citing the need to ensure public
order, denied a permit to the main opposition party, the Union
of Democratic Forces-New Era (UFD-EN), to hold a march and
rally to protest fraud committed during the January-February
municipal elections.
Over 16 political parties and a wide array of NGO's, many of
them highly critical of the Government, met openly, issued
public statements, and chose their own leadership.  The
Government recognized a number of newly formed NGOs, among them
a new labor confederation, the General Confederation of
Mauritanian Workers (CGTM), and the Professional Union of the
Independent Press in Mauritania (UPPIM).  The Government has
not yet granted some NGO's official sanction but allowed them
to operate.  It has not yet recognized the Mauritanian
Association for Human Rights, claiming that it appeals to
specific ethnic groups (i.e., the African-Mauritanian
community), and is a potentially divisive force.  However, the
Government allows the association to function.
     c.  Freedom of Religion
Freedom of religion does not exist.  Mauritania is an Islamic
republic, and the law provides that all citizens are Sunni
Muslim and prohibited from converting to another religion.  The
Government prohibits proselytizing by non-Muslims, and
Mauritanians are not allowed to enter non-Islamic houses of
worship or to possess sacred texts of other religions.
The Government allows the small Lebanese Shi'a community to
practice its religion privately and permits the expatriate
Christian community to hold services that are restricted to
non-Mauritanians.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation.
Historically there were few restrictions on travel in
Mauritania's traditional nomadic society.  With urbanization
and travel by automobile, the Government set up regular
checkpoints on roads at which travelers are stopped and papers
checked by the Gendarmerie.  Following cross-border raids from
Senegal, the Government imposed occasional temporary curfews.
There were no reported cases of persons being denied passports
for political reasons.
Of the approximately 70,000 African-Mauritanians who were
expelled by Mauritania or fled during the 1989-90 crisis, an
estimated 55,000 remained in refugee settlements in Senegal.
While many of the 15,000 Mauritanian Peuhl who took refuge in
Mali during the same crisis have integrated into the
population, the U.N. High Commissioner for Refugees (UNHCR)
discontinued at the end of the year the limited assistance they
had been providing to them.
The impasse for the 60,000 refugees still in Senegal remained
centered on their demands that the Government recognize their
Mauritanian citizenship before they return, repatriate them as
a group under international auspices, return their land, and
pay compensation for their losses.  The Government states that
it places no restrictions on the return of those expelled, and
continues to encourage a gradual, case-by-case repatriation;
some refugees have returned in this manner.  However, the
Government has so far failed to set up clear administrative
procedures for expellees wishing to obtain confirmation of
their citizenship and associated rights.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides citizens with this right, but the
Government circumscribes it in practice.  The 1992 multiparty
election of a civilian President ended 14 years of military
rule, but both the opposition and international observers
concluded that the elections were fraudulent.  Moreover, the
military continued to provide strong support to the regime, and
some previous Military Council members, in addition to
President Taya, remained in positions of power within the
Government and armed forces.
Because the major opposition parties, including the Union of
Democratic Forces-New Era (UDF-EN), boycotted the 1992 National
Assembly elections, the President's party, the Republican,
Democratic and Social Party (PRDS), dominates the General
Assembly, holding 66 seats of 79.  The PRDS and opposition
political parties, as well as independent candidates,
participated in the 1994 Senatorial elections, and PRDS
candidates won all but 1 of the 18 seats at stake.  Both the
opposition and the government parties committed fraud during
the 1994 elections.  Municipal councils elected the Senators by
indirect vote.
Women have the right to vote, but few are active in political
parties.  There were seven women in senior government
positions, including one Cabinet-level post.  There is one
elected woman senator and one mayor.
Black Mauritanians are underrepresented in senior government
positions.  Of 20 Cabinet ministers, 3 are Black Maurs, 3 are
Pulaars, and 1 is Soninke.  The other ministers are White Maurs.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are two human rights organizations in Mauritania, one of
which is the Mauritanian League for Human Rights, an officially
recognized body.  The League has occasionally played a
mediating role between the Government and representatives of
the refugees in Senegal and victims of the 1990-91 military
purge.  A second and as yet unrecognized organization, the
Mauritanian Human Rights Association (AMDH), while not
affiliated with the opposition, has many opposition members.
It has been more critical of the Government than the League,
particularly on the unresolved abuses of the 1989-91 period.
The AMDH called on the Government to be more forthcoming in
addressing the vestiges of slavery (see Section 6.c.).
In January the London-based International League for Human
Rights and the French human rights group, Agir Ensemble,
jointly visited Mauritania.  Government officials met with
representatives of the League, but refused to meet with the
representatives of Agir Ensemble, which had previously issued a
report highly critical of the Government's human rights
record.  Shortly after the group's departure, police
apprehended the President of the AMDH and questioned about his
international contacts, particularly those with Agir Ensemble
(see Section 1.d.).
Although the Government facilitated regular visits by the
International Labor Organization and the ICRC, it remained
selective in its approach to NGO's and international
organizations.  The Government asked Pharmaciens sans
Frontieres to coordinate international assistance to improve
prison conditions (see Section 1.c.).  As in previous years,
the Government and the U.S.-based Africa Watch, which has
published articles strongly critical of the Government's human
rights record, could not agree on the terms for a visit to
Mauritania.  Africa Watch sought written government guarantees
concerning freedom of movemen, and unimpeded access to
Mauritanians; the Government would only give oral assurances.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for equality before the law for all
citizens, regardless of race, national origin, sex, or social
status, and prohibits racially or ethnically based propaganda.
In practice, the Government often accords these rights on the
basis of ethnic and tribal affiliation, social status, and
political ties.
     Women
Women have legal rights to property and child custody and,
among the more modern and urbanized population, these rights
are recognized.  In theory, marriage and divorce do not require
the woman's consent.  Polygyny exists and, as sanctioned by the
teachings of Islam, a woman does not have the right to refuse
her husband's wish to marry additional wives.  In practice,
polygyny and arranged marriages are increasingly rare,
particularly among the Maur population.  Women also frequently
initiate a divorce.
Traditional forms of mistreatment of women continue, mostly in
isolated rural communities, but these practices appear to be on
the decline.  Such mistreatment includes forced feeding of
adolescent girls (Gavage) and female genital mutilation (see
below).
Resort to abuses such as wife beating appears limited.  The
police and judiciary occasionally intervene in domestic
disputes, but women in traditional society usually do not seek
legal redress, preferring to turn to family and ethnic group
members to resolve domestic disputes.
There are no restrictions on the education of women.  Few women
attend university and while the overall literacy rate is
approximately 34 percent, for women it is 21 percent.  The
Government has a policy of opening new employment opportunities
for women in areas traditionally reserved for men, such as
health care, communications, police, and customs services.
Women are well represented in government-owned radio and
television, and many news broadcasters are women.  The law
provides that men and women receive equal pay for equal work.
While not universally applied in practice, the two largest
employers, the civil service and the state mining company,
respect this law.  In the modern wage sector, women also
receive generous family benefits, including 3 months of
maternity leave.
     Children
The law does not provide any special protection for children's
rights.  There are programs to care for abandoned children, but
resources are inadequate.  The Government does not enforce
existing child labor laws; children often perform significant
labor in support of their families' activities.
Female genital mutilation (FGM), most often performed on young
girls, continues to be practiced widely among all ethnic groups
except the Wolof.  For the most part, the least severe form of
excision is practiced, although some groups practice
infibulation, the most severe form of FGM.  Evidence indicates
that the incidence is diminishing in the modern urban sector.
The Government, however, does not attempt to interfere with
these practices although government health workers try to
educate women to the dangers of the practice and of the fact
that it is not a requirement of Islam.
     National/Racial/Ethnic Minorities
Ethnic and cultural tension and alleged discrimination arise
from the geographic and cultural line between traditionally
nomadic Arabic-speaking (Hassaniya) Maurs of the North and
black African herders and sedentary cultivators along the
Senegal River in the South.  Though culturally homogeneous, the
Maurs are divided among numerous tribal groups and are racially
distinguished as White Maurs (Beydane) and Black Maurs.  The
majority of the Black Maurs are Haratine, literally "one who
has been freed," although some Black Maur families were never
enslaved.  The southern African-Mauritanians are the Halpulaar
(the largest group), the Wolof, and the Soninke.  White Maurs
dominate positions in government, business, and the clergy.
African-Mauritanians are underrepresented in the military and
security sectors.  They, like human rights groups, contend that
this is based on ethnic and linguistic discrimination.
Ethnic tensions surfaced dramatically in the mass expulsions of
African-Mauritanians in 1989-90 and the settlement in the
Senegal River area by both White and Black Maurs.
Black Africans charge that the Government is misusing the 1983
land reform law to allow Maurs to encroach on fertile land in
the Senegal River valley which traditionally has been the
preserve of black Africans.  The Government claims the land was
underutilized and used by traditional landowners to maintain a
feudal system of serfdom.
Language has been a divisive issue since Mauritania's
independence and the establishment of Arabic as the national
language in 1973.  Successive government regimes--both civil
and military--which pursued a policy of "Arabization" in the
schools and in the workplace have exacerbated interethnic
tensions, putting non-Arabic-speaking African-Mauritanians at a
disadvantage.
The Government has attempted to institute a flexible
educational program permitting primary education in multiple
languages:  Arabic, French, or one of the three African
languages.  One result, however, is that in seeking admission
to the university, students not having elected Arabic are at a
disadvantage.  The linguistic debate and ethnic tension extend
even to the language used in law school diplomas.
Overt tensions between ethnic groups have lessened since the
explosive ethnic violence of 1989 to 1991, when the
Government's extrajudicial expulsions and reprisals by the
security forces were clearly based on ethnicity.  Nevertheless,
hostility and bitterness persist among the Black Maur and
African majority.  However, there is little cultural identity
or political cohesion within them.
     People with Disabilities
The Government does not mandate preference in employment or
education or public accessibility for disabled persons, but
provides some rehabilitation and other assistance for the
disabled.
MAURITAN2
TITLE:  MAURITANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for freedom of association and the
right of citizens to join any political or labor organization.
All workers except members of the military and police are free
to associate in and establish unions at the local and national
levels.
Prior to the 1993 amendment to the Labor Code, which repealed
provisions restricting trade union pluralism, the
government-controlled labor central, the Union of Mauritanian
Workers (UTM), was the only labor confederation allowed by
law.  It remains the major worker confederation and many
workers still view it as closely allied with the Government and
the PRDS.  The Government recognized a new confederation, the
General Confederation of Mauritanian Workers (CGTM), which is
not affiliated with any political party, although most of its
members favor the opposition.  It has organized some new
locals, working among the heretofore unorganized self-employed
workers, and has attracted a number of member unions from the
UTM.  The CGTM has protested what it characterized as
preferential treatment for the UTM by the Government.
International trade union activity is minimal, but unions are
free to affiliate with international bodies.  The UTM
participated in regional labor organizations, and the CGTM was
accepted as a member of the Ghana-based United Organization of
African Workers.
The bulk of the labor force is in the informal sector, with
most workers engaged in subsistence agriculture and animal
husbandry; only 25 percent are employed in the wage sector.
However, nearly 90 percent of industrial and commercial workers
are unionized.
The law provides workers with the right to strike, and there
were several strikes and partial work stoppages.  Most were
settled quickly due to limited worker and union resources and
government pressure.  Moreover, the law stipulates that
tripartite arbitration committees composed of union, business,
and government representatives may impose binding arbitration
that automatically terminates any strike.
The Government did not petition the United States for
reconsideration of Generalized System of Preferences (GSP)
trade privileges.  The United States had revoked its GSP
benefits in July 1993 for failure to respect freedom of
association or to take steps to eliminate forced labor,
including vestiges of slavery.
     b.  The Right to Organize and Bargain Collectively
The law provides that unions may freely organize workers
without government or employer interference.  Wages and other
benefits are generally decided informally among individual
unions, employers, and the Government.  However, the Government
plays a dominant role in the wage negotiations and in practice
limits collective bargaining.
Laws provide workers protection against antiunion
discrimination and employees or employers may bring labor
disputes to three-person labor courts that are overseen jointly
by the Ministries of Justice and Labor.  The CGTM successfully
represented workers before the courts in two cases in which
employers had refused to recognize their employees' decisions
to change their affiliation from the UTM to the CGTM.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Mauritania has officially abolished slavery several times, most
recently in 1980.  Nevertheless, the legacy of slavery remains,
particularly in its economic and psychological manifestations.
Tens of thousands of persons whose ancestors were slaves still
occupy positions of servitude and near-servitude, although such
practices as coercive slavery and commerce in slaves appear to
have virtually disappeared.  In most cases, those remaining in
a situation of unpaid servitude do so due to a lack of economic
alternatives.
Some freed slaves (Haratine) have either stayed with, or
returned to, their former masters and continue to provide labor
in exchange for room, board, and other basic necessities.
Others live independently but continue in a symbiotic
relationship with their former masters, performing occasional
unpaid labor for food, clothing, and medical care.  It is
difficult to quantify the number of persons who continue to
live under conditions of involuntary servitude.  Estimates from
various sources range from a low of a few thousand to as many
as 90,000.  However, no definitive figures exist.
The El Hor (literally "the free man") Movement continued to
pursue its agenda to eradicate the vestiges of slavery and its
associated mentality among former slaves and slaveholders.
Observers report the existence of slavery among Malian
refugees--both Tuareg and Maur--who arrived in the camps in
eastern Mauritania.  Informed estimates are that 10 percent of
the 80,000 refugees in the camps are slaves.  Efforts by U.N.
workers in the camps to distribute food and other services to
these families separately from their masters have met with
strong resistance by the slaves themselves, who may fear
retribution from their masters.
     d.  Minimum Age for Employment of Children
Education is not compulsory, and due to a lack of resources
some 30 percent or more of school-age children do not regularly
attend government schools.  Labor law specifies that no child
under the age of 13 may be employed in the agricultural sector
without the permission of the Minister of Labor, nor under the
age of 15 in the nonagricultural sector.  The law provides that
employed children aged 14 to 16 should receive 70 percent of
the minimum wage, and those from 17 to 18 should receive 90
percent of the minimum wage.  The Labor Ministry's few
inspectors provide only limited enforcement of child labor
laws; many people consider child labor laws irrelevant (see
Section 5).
Young children in the countryside commonly pursue herding,
cultivation, fishing, and other significant labor in support of
their families' activities.  In keeping with longstanding
tradition, many children serve apprenticeships in small
industries and in the informal sector.
     e.  Acceptable Conditions of Work
The minimum wage for adults is approximately $67 per month
(ougiya 8,300) and has not been raised since October 1992.  It
is difficult for the average family to meet its minimum needs
and maintain a decent standard of living at this salary level.
The standard, legal, nonagricultural work week may not exceed
either 40 hours or 6 days without overtime compensation, which
is paid at rates that are graduated according to the number of
supplemental hours worked.  The Labor Directorate of the
Ministry of Labor is responsible for enforcement of the labor
laws, but in practice inadequate funding limits the
effectiveness of the Directorate's enforcement.
The Ministry of Labor is also responsible for enforcing safety
standards but does so inconsistently.
MAURITIU1
!K!KTITLE: MAURITIUS HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           MAURITIUS
Mauritius is a parliamentary democracy governed by a Prime
Minister, a Council of Ministers, and a National Assembly.  The
Head of State is the President, who is nominated by the Prime
Minister and confirmed by the Assembly, and whose powers are
largely ceremonial.  Fair and orderly national and local
elections, supervised by an independent commission, take place
at regular intervals.  There are numerous political parties,
both large and small, and partisan politics are open and
unrestrained.
Under civilian control, a paramilitary special mobile force and
a special supporting unit are responsible for internal
security.  These forces, under the command of the Commissioner
of Police, are backed by a general duty police force.  They are
largely apolitical and generally well trained, but police abuse
of suspects in custody continued to be a problem.
The economy is based on labor-intensive, export-oriented
manufacturing (mainly textiles), sugar, and tourism.  About 85
percent of cultivable land is planted with sugar cane.  The
country weathered well the global economic slowdown of the
early 1990's and is now attempting to diversify its economy by
promoting investment in new sectors, such as offshore companies
and electronics, and developing Mauritius as a regional
financial center.
Although political and civil rights are protected under the
Constitution and generally respected in practice, some human
rights abuses occurred in 1994.  One drug-trafficking suspect
died under unexplained circumstances of injuries suffered while
in police custody.  In fighting drug trafficking, the National
Assembly passed a constitutional amendment that would give the
Government authority to detain without charge or trial those
persons suspected of illegal drug operations.  The Government
controls the electronic media tightly, and it used the Official
Secrets Act in October to detain briefly three journalists for
publishing an internal memorandum which had long been in the
public domain.  Worker rights continued to be a controversial
area, and the right to strike remains extremely limited.
Several highly publicized court cases illustrated the problem
of societal discrimination and violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings, but a suspect in
police custody on drug charges burned to death in his cell.
The police initially called the death a suicide, but the
circumstances surrounding the death led human rights groups to
call for an independent investigation.  As a result, the
Commissioner of Police imposed disciplinary transfers on the
two officers in charge of the station where the death occurred,
and the Prime Minister called for a judicial inquiry into the
death.  This inquiry was scheduled to begin in early 1995.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
While torture and inhuman punishment are prohibited by law,
there were regular well-founded reports of police brutality,
involving mistreatment of individuals on the street as well as
of suspects in custody.  The newly appointed Commissioner of
Police displayed a willingness to pursue such reports of abuse.
     d.  Arbitrary Arrest, Detention, or Exile
Under the Constitution, detained persons have the right to a
judicial determination of the legality of their detention.
Although the time limit for making this determination is not
specified in law, in practice it is usually made within 24
hours.  Bail is commonly granted.
In July the National Assembly passed legislation to amend the
Constitution to allow the Government to detain suspected drug
traffickers indefinitely without trial or the possibility of
bail.  At year's end, the President had not signed the
legislation, and it had not come into force.
Exile is legally prohibited and not practiced.
     e.  Denial of Fair Public Trial
The judicial system consists of the Supreme Court, which has
appellate powers, and a series of lower courts.  Final appeal
may be made to the Judicial Committee in the United Kingdom
(the Privy Council), and this is routine in the case of death
sentences.  There are no military or political courts.
The legal system has consistently provided fair, public trials
for those charged with crimes.  Defendants have the right to
private or court-appointed counsel.  The Supreme Court is also
charged under the Constitution with ensuring that new laws are
consistent with democratic practice.  The new legislation
allowing for the indefinite detention of drug traffickers (see
Section 1.d.) would amend the Constitution and therefore not be
subject to Supreme Court review.  There were a number of drug
trafficking trials held in 1994, and they were generally fair.
There were no instances in 1994 of executive interference with
the judiciary.  While legal experts express few worries about
overt manipulation of the judiciary by the executive, they are
concerned about political influence over the Commissioner of
Police, the Director of Public Prosecutions, and a newly
established anticorruption tribunal.  Nevertheless, the
Government was responsive to publicity and public concern about
particular instances of corruption and cronyism.
There were no political prisoners in 1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The sanctity of the home is provided for in law and generally
respected in practice.  The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police action in stopping a crime in
progress.  There were reliable reports that the Government's
intelligence apparatus continued to carry out illegal
surveillance of local opposition leaders and other major
figures.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and local tradition and is largely respected in practice.
Debate in the National Assembly is lively and open.  While
there are occasional complaints of government influence in
editorial policies, over a dozen privately owned daily, weekly,
and monthly newspapers present varying political viewpoints and
freely express partisan views, most recently in articles
hitting at corruption in government.
The Government has the ability to counter press criticism by
using strict libel laws; however, the Government did not use
these laws to inhibit the press in 1994.  The Director of
Public Prosecutions dropped its appeal in the 1991 case of two
journalists charged with giving out false information
concerning a sea captain accused of fishing in Mauritian
waters.  Libel suits between private parties are quite common.
The Government used the Official Secrets Act in October to
arrest two editors and the managing director of the weekly
magazine Le Mag, ostensibly for publishing an internal
document.  The document, which was embarrassing to a public
official, had been in the public domain for over a year.
Amidst an outcry from the opposition and the press, the Prime
Minister subsequently said the Commissioner of Police had acted
legally but overzealously.  After less than 24 hours, the
police released the three on bail, but with charges and
possible court action still pending at year's end.
The Government controls the most important media, television
and radio.  These remain an official political and cultural
tool, with programming and editorial policies generally
reflecting government interests.  The Government gives
opposition politicians negligible broadcast time.  Although
there has been much discussion about liberalization of the
airwaves, private organizations (commercial or political) are
not authorized to own or operate broadcast stations.  In
December the Government decided to authorize the importation of
"television reception only" (TVRO) satellite dishes.
Regulations implementing the decision, including provision for
a registration fee, had not been issued at year's end.
The Government generally respects academic freedom but from
time to time censors books.  In 1994 the Government banned the
sale of the book "The Rape of Sita," charging that the title of
the book (which refers to the Hindu goddess) would offend the
country's Hindu population.
     b.  Freedom of Peaceful Assembly and Association
Political, cultural, and religious assemblies are commonplace.
Under the 1991 Public Gathering Act, police permission is
required for holding demonstrations and mass meetings.  The
grounds for denial are very specific, and such permission is
rarely refused.  Groups have the right to challenge police
denials but complain that the time involved in the appeals
process often renders the final outcome moot.  The police did
not interfere with an unauthorized gathering in front of
Parliament of journalists and others who were protesting the
arrest of three media colleagues (see Section 1.d.).
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations,
although in practice such organizations need government
approval in order to operate officially.  There are six
political parties represented in the National Assembly and a
comparable number of smaller parties without Assembly seats.
There are a multitude of other private organizations in the
country.
     c.  Freedom of Religion
There is no state religion, and the Government does not
restrict or interfere with worship by any religious
denomination.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement within the
country, foreign travel, or emigration.  However, there is no
blanket guarantee of repatriation of former citizens of
Mauritius.  Applications from Mauritians abroad who lost their
citizenship after acquiring a second nationality are handled on
a case-by-case and sometimes arbitrary basis.  There are no
refugees in Mauritius.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right and ability to change their government
through democratic means.  Parliamentary, municipal, and
village council elections are held at regular intervals.  All
citizens 18 years of age and over have the right to vote and
run for office.
In the National Assembly up to eight members are appointed
through a "best loser" system, designed in part to ensure that
all ethnic groups are represented.  Political parties often
match the ethnicity of their candidates to the ethnic
composition of particular electoral districts.
While there are no legal impediments to women assuming
leadership roles, there are practical barriers.  Only 2 of the
National Assembly's 66 members are women, and there are few
women in leadership positions.  Neither the Government nor the
political parties have seriously tried to address this
imbalance.  There has been little public pressure for change in
this area, and few women are eager to enter the political fray,
preferring to pursue other careers.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights groups monitor developments without
governmental restriction or interference.  There have been no
known requests by international organizations to investigate
human rights violations in Mauritius.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifically prohibits discrimination on the
basis of race, caste, place of origin, political opinion,
color, or creed.  It is silent on questions of sex, disability,
or language (although the latter is essentially covered under
the provisions concerning race and place of origin).
     Women
Women have traditionally occupied a subordinate role in
society, and legal and societal discrimination continue.
Mauritian women cannot transmit citizenship to their
foreign-born children (as can Mauritian men), and foreign
husbands of Mauritian women cannot automatically obtain
residence and work permits (as can foreign wives of Mauritian
men).
Violence against women is widespread, particularly wife
beating, according to the Ministry of Women's Rights and Family
Welfare, attorneys, and nongovernmental organizations.  There
are no special provisions in Mauritian law concerning family
violence.  The police are generally reluctant to become
involved in cases of spousal abuse.  The issue received some
attention during 1994 through several highly publicized court
cases of alleged spousal murder.
The Government has tried to promote equality by eliminating
legal differentiations based on gender, e.g., in laws dealing
with emigration, inheritance, and jury service.  The Government
has appointed "desk officers" in most ministries who are
responsible for ensuring that gender issues are taken into
account in policy decisions, but it has undercut their
effectiveness by failing to give them enforcement powers.
     Children
Reported incidents of child abuse are infrequent and isolated,
though private voluntary organizations claim that the problem
is more widespread than publicly acknowledged.  At present,
most government programs are administered by the state-funded
National Children's Council, which provides counseling and
investigates reports of child abuse.  At the end of the year
the Government passed legislation which should provide it with
improved means of protecting child welfare.
     National/Racial/Ethnic Minorities
Discrimination on the basis of race, ethnicity, or caste is
prohibited by law, actively discouraged by the Government, and
not generally practiced.
     People with Disabilities
Mauritian law requires organizations which employ more than 10
people to set aside at least 3 percent of their positions for
people with disabilities.  The law does not, however, require
that work sites be accessible to the disabled, making it
effectively impossible for people with disabilities to fill
many jobs.  There is no law mandating access to public
buildings or facilities.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution explicitly protects the right of workers to
associate in trade unions.  Mauritius has an active trade union
movement.  Almost 300 unions represent over 100,000 workers,
more than 25 percent of the total work force.  With the
exception of essential workers, including police and military,
workers are free to form and join unions and to organize in all
sectors, including in the export processing zone (EPZ).  Labor
unions are independent from the Government.  Unions can and do
press wage demands, establish ties to domestic political
parties, and address political issues.  Unions are free to
establish federations or confederations.
Under the industrial relations act (IRA), unions have the legal
right to strike.  In practice, however, the IRA requires a
prestrike 21-day cooling-off period, followed by binding
arbitration, which has the effect of making most strikes
illegal.  Moreover, the IRA states that worker participation in
a strike not approved by a court is sufficient grounds for
dismissal.  According to Ministry of Labor statistics, there
were four strikes in 1994.
Under the law, unions may and do establish ties with
international labor bodies.
     b.  The Right to Organize and Bargain Collectively
The right of employees to bargain collectively with their
employers is protected by law.  However, the collective
bargaining process is weakened by excessive government
intervention in the form of wage-setting in the state sector,
which is generally used as the basis for private-sector pay.
Wages are set by the National Remuneration Board (NRB), whose
chairman is appointed by the Minister of Labor.  About 12
percent of the labor force (480,000) works for national or
local government.  The IRA prohibits antiunion discrimination.
There is an arbitration tribunal which handles any such
complaints.
Mauritius has an export processing zone (EPZ) which currently
employs about 90,000 people.  While there are some EPZ-specific
labor laws, such as provisions allowing EPZ employers to
require up to 10 hours per week of paid overtime from their
employees, workers in this sector enjoy the same basic
protections as non-EPZ workers.  Statutory minimum wage levels
in the EPZ are somewhat lower than elsewhere, but due to the
country's labor shortage actual wage levels are nearly double
the minimum wage.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and not
practiced.
     d.  Minimum Age for Employment of Children
The legal minimum age for employment of children is 15.  The
Ministry of Labor is responsible for enforcement.  Reports of
underage children working illegally are uncommon.  While there
have been cases of children under 15 working in the EPZ, the
large, established EPZ factories do not hire children under 15.
     e.  Acceptable Conditions of Work
The Government administratively establishes minimum wages,
which vary according to the sector of employment, and it
mandates minimum wage increases each year based on inflation.
The minimum wage for an unskilled worker in the EPZ is $11 (188
Mauritian rupees) per week, while the lowest weekly wage for a
non-EPZ worker is about $12 (200 rupees).  While this is
significantly below the level needed to provide an acceptable
standard of living, the actual market wage for most workers is
much higher due to the present labor shortage.
The standard legal workweek in the industrial sector is 45
hours.  In the EPZ an employee may be required to work an
additional 10 hours per week, although at a higher hourly wage.
The Government sets health and safety standards, and Ministry
of Labor officials inspect working conditions.  The small
number of inspectors limits the Government's enforcement
ability.  Workers have the right to remove themselves from
dangerous work situations without jeopardy to continued
employment.
MEXICO1
fifiTITLE:  MEXICO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             MEXICO
The United Mexican States is a federal republic with a President
elected to a 6-year term, a bicameral Congress, and a
constitutionally mandated independent judicial branch.  The
Institutional Revolutionary Party (PRI) has won every
presidential election in the last 65 years, many of which
involved credible allegations of fraudulent practices.
However, the August 21 elections and the January 1 uprising in
Chiapas were unparalleled events for human rights in Mexico.
Both highlighted progress and underscored issues still needing
to be addressed in human rights practices.
In Chiapas the Government initially reacted with force, but in
a significant departure from historical practice, it soon
adopted a plan which rejected a military solution to end the
insurrection of the Zapatista Army of National Liberation
(EZLN).  With intense domestic and international media
attention focussed on Chiapas, the Government declared a
unilateral cease-fire 2 weeks after hostilities began, and
undertook face-to-face peace talks with the rebels in
February.  The military perpetrated many human rights abuses
during the earliest phase of the conflict, and, as of year's
end, authorities had prosecuted no one for those abuses.  The
talks broke off in mid-May; the Government, however, continued
its offer to reestablish a dialog with the EZLN.  At year's
end, hostilities had not resumed.  President Ernesto Zedillo,
who took office on December 1, renewed the call for negotiations
and accepted a mediation role for the National Mediation
Commission (CONAI).  Direct talks resumed on January 15, 1995.
The August 21 elections were a significant step forward for
Mexico's democratic process.  35.5 million people--nearly 78
percent of registered voters--cast ballots in the August 21
elections.  Despite widespread irregularities and the ruling
PRI's ability to benefit from government resources and
privileged access to the news media, numerous independent
observer groups, including the highly critical nongovernmental
umbrella group Civic Alliance and a joint delegation from the
National Democratic Institute, the International Republican
Institute, and the Carter Center, determined that these factors
did not alter the outcome.  The elections featured several
innovations in the electoral system, including participation of
more than 80,000 accredited domestic observers, government-
invited foreign witnesses, and electoral organs under the
control of nonpartisan, civilian directors.
Mexican security forces, including the military, the federal
and state judicial police, federal highway police, and local
police are under the control of elected civilian officials.
However, the security forces, especially the police, continued
to commit human rights abuses.
Although economic reforms succeeded in reducing inflation and
restructuring the economy, a currency devaluation and financial
liquidity crisis at year's end will likely have a sharply
negative impact on economic performance in 1995, including a
fall in real wages.  Serious income disparities and areas of
severe poverty remain.  The North American Free Trade Agreement
(NAFTA) between the United States, Canada, and Mexico went into
effect at the beginning of the year.
Major human rights abuses included the violence and killings in
Chiapas, as well as extrajudicial killings by the police,
torture, and illegal arrests.  Other abuses include glaring
prison deficiencies, discrimination and violence against women,
and extensive illegal child labor in the informal economy.  The
Government attempted to end the "culture of impunity"
surrounding the security forces through reforms in the Office
of the Attorney General (PGR), continued support to the
National Commission for Human Rights (CNDH), and establishment
of state-level commissions for human rights.  By year's end,
however, it had tried and punished few human rights abusers,
and abuses remained widespread.
Fulfilling his pledges to implement political and judicial
reforms, President Zedillo appointed a respected member of the
opposition National Action Party (PAN), Antonio Lozano, as
Attorney General with a mandate to implement reforms in law
enforcement.  Zedillo also succeeded in enacting a package of
judicial reforms designed to improve the performance and
accountability of the Attorney General's office and the Supreme
Court.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killings
A number of political activists were killed in 1994, but a
political motive was not clearly established in any of these
killings.  A lone gunman murdered Luis Donaldo Colosio, the
ruling PRI's presidential candidate, at a political rally in
Tijuana in March.  The authorities arrested, tried, and
convicted the gunman of murder at a trial held in a federal
prison, out of public view.  The public prosecutor, Miguel
Montes, at one point declared that the murder was the result of
a conspiracy.  He later recanted this statement and
subsequently resigned.
In September a gunman shot and killed Jose Francisco Ruiz
Massieu, the Secretary General of the PRI, on a Mexico City
street.  The police arrested and detained a suspect who was
jailed pending trial, along with several co-conspirators.
However, Manuel Munoz Rocha, a PRI legislator and suspected
intellectual author of the killing, was still at large at
year's end.  Deputy Attorney General Mario Ruiz Massieu, the
victim's brother, resigned his post in November, charging that
PRI and government officials obstructed his investigation.  The
Attorney General's investigation into these charges did not
find the evidence sufficient for subsequent prosecution.
President Zedillo, saying that the Mexican people were not
satisfied with the results of the Government's inquiries into
the Colosio and Ruiz Massieu killings, or the 1993 murder of
Guadalajara's Cardinal Posadas, instructed Attorney General
Lozano to intensify efforts to resolve these crimes.  In
December Lozano appointed a special prosecutor to look into all
three murders.
The leftist Party of the Democratic Revolution (PRD), and to a
lesser extent other opposition parties, asserted that there
were political killings associated with the 1994 election
campaign.  In July an unidentified car struck and killed a PRD
campaign organizer while he was jogging, and fled the scene.
In August unidentified gunmen killed another PRD activist in
Tapachula, Chiapas.  In a possible assassination attempt, the
PRD's candidate for the governorship of Chiapas suffered severe
injury in August when a trailer truck collided with his minivan.
The candidate has fully recovered, but two other PRD officials
died in the incident, and two more suffered serious injury.
The Attorney General's Office has not determined whether the
incident was an accident or an assassination attempt.
The PRD claims that, in the past 6 years, 275 party activists or
members were the victims of political violence which, in some
cases, resulted in death.  By mutual agreement with the PRD,
the CNDH dismissed 135 claims as unsubstantiated and proceeded
to investigate 140 claims.  These included 90 involving the
murder of 115 persons, and 17 involving serious injury.  The
CNDH investigation found violations of human rights by
Government authorities in 67, or 47.8 percent, of the 140
cases.  The CNDH findings included recommendations on
redressing abuses.  At year's end, the authorities had fully
implemented 18 recommendations and partially implemented the
remaining 49.
Police and vigilantes acting on behalf of local landowners
continued to commit extrajudicial killings while dislodging
peasant squatters from rural lands in several states.  The
Government's response to squatter issues, including these
killings, has varied from state to state.  To expand communal
land holdings, peasants for decades have invaded private lands
and petitioned for government recognition of the seizures.
With recent constitutional agrarian reforms, the Government
ceased distributing new lands to "ejidos" (government-owned
communes); the invasions continue nonetheless.
Police and vigilantes raided the Plan del Encinal community in
Ixhuatlan de Madero, Veracruz state, on September 8, forcibly
evicting residents and taking two community leaders into
custody.  The mutilated bodies of the two were found in a
nearby river bearing numerous close-range gunshot wounds to the
head and chest.  The Veracruz state human rights commission and
the Attorney General's office are investigating the case.
Veracruz state officials blocked an attempt by a team of
forensic experts and nongovernmental organizations (NGO's) to
conduct autopsies on the victims.  The NGO's have appealed to
federal authorities for assistance.
In January while searching for a suspect involved in another
incident, the police allegedly shot and killed two farmers in
Jalisco state. The authorities arrested the six police officers
involved, pending further investigation.
Proceedings continued against a local police officer accused of
beating U.S. citizen Mario Amado to death in a Baja California
jail in 1992.
The Mexican military has not yet made public the resolution of
charges against 16 soldiers in the June 1993 killing of 5
suspected narcotics traffickers in Chihuahua.
Mexico is one of the countries cited by Amnesty International
where gays and lesbians are most likely to be victims of abuse
and violence.  At least 12 homosexuals and 9 male prostitutes
have been killed in Tuxtla Gutierrez since 1991.  Gay rights
advocates charged that police made little effort to solve these
murders.  An independent prosecutor was appointed in April, but
authorities have not provided the prosecutor with adequate
resources to carry out full investigations.
     b.  Disappearance
There were no confirmed reports of politically motivated
disappearances in 1994.
The CNDH's annual report contained 461 cases of missing persons
in the Chiapas conflict alone, of whom 432 had been located by
May.  As of year's end, the CNDH believed no more than 10
persons were still missing, but due to large movements of
people caused by the conflict, it was difficult to locate the
remaining persons.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture continues to be a serious human rights problem,
although the CNDH reported a 40-percent decline in torture
complaints over the previous year.  The CNDH has noted that
8 out of 32 jurisdictions (31 states and the Federal District)
still do not have specific laws to prevent or punish torture.
Poorly trained and equipped to investigate crimes, police
officers continued to attempt to solve crimes by rounding up
likely suspects and then exacting confession from them.
Photographs of detainees with black-eyed, swollen faces still
appear in the local press.  Even high-profile suspect Mario
Aburto, the accused gunman in presidential candidate Luis
Donaldo Colosio's assassination, claimed that police beat him;
press photos and reports shortly after his arrest lend credence
to his claims.  CNDH representatives were present during his
subsequent interrogations.
The authorities punish few officials for torture, which
continues to occur mainly because confessions are the primary
evidence in many criminal convictions.  The CNDH reported that
in the period from May 1993 to April 1994, the authorities
brought 53 cases against officials for the crime of torture; in
13 cases they declined to execute the arrest warrant, and
judges denied or canceled the arrest order in another 25
cases.  By law the defendant must prove that a confession was
forced; but even a forced confession is not automatically
excluded from evidence.  Many victims do not report, or do not
follow through on, their complaints against the police for fear
of reprisals.
Three young indigenous women charged that 10 soldiers beat and
raped them at a military checkpoint in Chiapas on June 4.  The
military immediately denied the accusation, but brought seven
soldiers before a military court that is investigating the
matter.  The law does not require civil trial of soldiers
involved in civil crimes, and the military continues to handle
the case.  The CNDH and some human rights advocates agree that
the law gives the military jurisdiction over this case.
On November 16, various peasant organizations comprised of
Ch'ol and Tzeltal Indians organized a demonstration in the main
square of Palenque, Chiapas, in connection with a local land
dispute.  An armed group that reportedly included ranchers,
local businessmen, and the Palenque municipal police forced the
peasants from the square.  The police and vigilantes fired tear
gas at the demonstrators, burned their possessions, and
transported some of them out of town in trucks.  State
government officials arrived later the same day and attempted
to establish a dialog between the two sides.  CNDH
investigators arrived on November 18.  Although the CNDH
received no complaints or reports of any missing persons,
Amnesty International reported that approximately 70 persons
disappeared.  The captors released all the detainees after
holding them for a month and after beating all of them severely.
On November 20, demonstrations and violence in Comitan,
Chiapas, resulted in police tear-gassing demonstrators and the
kidnaping of a municipal police officer by protesters.  Again,
the CNDH did not receive any missing person complaints, but
Amnesty International reported that unidentified forces
abducted 10 persons and held them approximately a month as
well, and then released them after being them.  In both of
these incidents in Chiapas, no authorities brought any charges
of wrongdoing against either side, nor did any officials other
than CNDH initiate any investigation.  The CNDH continued to
investigate these matters.
In 1989 an elite group of antinarcotics police was responsible
for the kidnaping and rape of at least 19 women in Mexico City.
Courts had sentenced only four of the dozen accused officers to
prison at the end of 1993.  The authorities released the
remaining 8 officers after victims could not identify them.
In some cases police officers whom one state dismissed find law
enforcement employment in another.  The CNDH discovered that
even when the authorities censured some officers in one law
enforcement job, they moved on to other positions and were
subsequently charged again with human rights abuses.  In an
effort to remedy this situation, the CNDH publishes lists of
censured public servants in its annual report and monthly
newsletters.
Many prisons are staffed by undertrained and corrupt guards,
lack adequate facilities for prisoners and are overcrowded,
despite an early release program endorsed by the CNDH and legal
reforms reducing the number of crimes that carry mandatory
prison sentences.  Prisoners complain that they must purchase
food, medicine, and other necessities from guards or bribe
guards to allow the goods to be brought in from outside.  Drug
and alcohol use is rampant in prisons.  Frequently, prisoners
exercise authority within the prison, displacing prison
officials.  Conflicts between rival prison groups, often
involved in drug trafficking, continued to spark lethal
violence.  While the authorities prosecuted a few prison
officials for abusing prisoners, it was more common to dismiss
them or to charge them with only minor offenses.  In response
to these problems, the CNDH launched a nationwide campaign to
improve prison conditions.  Federal and state governments have
begun to provide funding for the construction of modern
installations and to improve existing facilities.
Some prisons, contrary to law, do not separate male and female
populations.  In at least one prison, the authorities allowed
male trusties access to women's cells, also a violation of the
law.  At this prison, officials sometimes encouraged women to
form sexual liaisons with male prisoners and guards, as such
relationships, according to a state prison official, enhanced
the facility's peace and safety.  In some cases, officials
coerced women into sexual relationships.  The CNDH has 20
investigators dedicated to women's issues and has a program to
inspect prisons (it has visited 502 jails) and investigate
prisoner complaints.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention continued to be among the most
common human rights abuses.  The authorities arbitrarily
imprisoned 21 persons at the Cerro Hueco prison in March.  Only
when the prisoners began a hunger strike to call attention to
their plight did the CNDH intervene.  In the third week of the
strike, the authorities acknowledged that they had no grounds
for continuing the imprisonment, and released them.
A study by the National Indigenous Institute (INI) found that
courts had not yet sentenced 70 percent of indigenous
prisoners, half of whom the authorities held in pretrial
detention for longer than allowed by law.  Over the past
5 years, the INI was able to have 8,000 indigenous prisoners
released from jails, but with new entrants the current
indigenous prison population stands at 5,400.  The INI has
succeeded in convincing federal prosecutors to drop charges
against first-time offenders accused of drug cultivation,
arguing that indigenous defendants are often forced by drug
traffickers to grow the crops and do not understand the legal
significance of their actions.
Many detainees report that officials ask them to pay bribes for
release before formal arraignment; many of those arrested
report that they are able to bribe officials to have them drop
charges before they go before a judge.  Corruption is rampant
throughout the system.  Some wealthy drug traffickers have
avoided arrests or jail sentences by paying off police officers
and judges.  In July police officers detained a U.S. citizen
and his son and drove them around Mexico City for several
hours.  The officers released them after they handed over their
cash and valuables, warning them not to report the incident as
the officers knew where the two lived.
The Constitution provides that the authorities must present
anyone detained before a judge within 72 hours and must try the
person within 4 months if the alleged crime carries a sentence
of less than 2 years, or within 1 year if the crime carries a
longer sentence.  The law requires prisoners awaiting trial to
be housed separately from those convicted.  In practice, these
time limits are frequently ignored.  According to the CNDH and
NGO's, the authorities often held criminal defendants with
convicted prisoners, and for longer than allowed by law before
going to trial.
To address these problems, the Government established the CNDH
in 1990.  The overall number of complaints filed with the CNDH
increased by 16 percent in 1994, with 6,574 complaints filed
from January to August.  Its recommendations have resulted in
the sanctioning of 1,484 public servants, the vast majority
members of public security forces.  During the 12-month period
from May 1993 to May 1994, CNDH efforts resulted in sanctions
against 539 public servants, as follows:  119 penal actions; 54
dismissals; 35 declared incompetent for public service; 86
suspensions; 56 reprimands or warnings; 1 arrest; 1 fine; and
190 investigations pending.  The CNDH publishes the names of
all sanctioned public servants.  In some cases, authorities
applied multiple sanctions, but CNDH statistics list cases
under the most severe sanction applied.  In Chiapas, the
Attorney General's office announced the dismissal of 60 percent
of all state police officers (510 of 850 agents) for crimes
while in uniform or when working as police without proper
registration.
The law does not permit exile, and it is not practiced.
     e.  Denial of Fair Public Trial
Trial in the Mexican judicial system, which is based on the
Napoleonic Code, is a series of fact-gathering hearings at
which the court receives documentary evidence or testimony.  In
addition officials may add notarized documents to the official
case file without authentication.  While these hearings must by
law be open to the public, in practice the courts do not admit
the public.  Journalists covering a judicial proceeding rely on
the statements of attorneys outside the courtroom as to what
occurred inside.  A judge alone in chambers reviews the case
file and makes a final written ruling based thereon.  The
record of the proceeding is not available to the public; only
the parties and, by special motion, the victim, may have access
to the official file.
In his first month in office, President Zedillo moved a package
of judicial reforms aimed at improving the performance of the
Mexican Supreme Court through the Congress and the 20 state
legislatures needed to amend the Constitution.  These reforms
included Senate confirmation of Supreme Court justices and
relieving the Court of administrative duties.
While there is a constitutional right to an attorney at all
stages of criminal proceedings, in practice many poor
defendants are not adequately represented.  Attorneys are not
always available during the questioning of defendants; in some
instances a defense attorney will attempt to represent several
clients simultaneously by entering different rooms to certify
that he was present although he did not actually attend the
full proceedings.  In the case of indigenous defendants, many
of whom do not speak Spanish, the situation is often worse.
The courts do not routinely furnish translators for them at all
stages of criminal proceedings, and thus defendants may be
unaware of the status of their case.
Some human rights groups claim that activists arrested in
connection with land disputes and other civil disobedience
activities are in fact political prisoners.  The Government
asserts that those charged in the sometimes violent land
invasions are fairly prosecuted for common crimes, such as
homicide and damage to property.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution protects the rights to privacy, family, home,
and correspondence.  The law requires search warrants, but
there were credible claims that unlawful searches without
warrants are common.  There were no known claims of forced
political membership and no substantiated claims of
surveillance or interference with correspondence.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The Chiapas uprising prompted many claims of human rights
abuses.  The CNDH issued an interim report in May finding that
there was reason to believe that the military had injured or
killed civilians in aerial attacks, and that there were summary
executions, illegal detentions, and torture.  The military
denied any responsibility, and no military personnel or
government officials have been sanctioned.  The CNDH has not
yet issued its final report on Chiapas.
On January 4, army fixed-wing aircraft fired rockets and
machine guns into villages around San Cristobal de las Casas,
killing and injuring several noncombatant residents.  Army
personnel on the ground, untrained in managing close air
support, made inaccurate target identification and contributed
to the civilian casualties.  The aircraft also fired on clearly
identified journalists in the area who were displaying a white
flag.
One of the first photographs to come out of the conflict was a
picture of five men apparently bound at the wrists and shot
point blank in the head.  The five were lying in a bloody pool
on the floor of the market in the town of Ocosingo, some
wearing what appeared to be EZLN uniforms--green pants and
brown shirts.  The federal Attorney General's Office determined
in April that someone had indeed executed the five, but it
exonerated the army, finding that the army was not in the
market at the time of death.  National and international human
rights organizations widely criticized the PGR report, which
disregarded evidence that the investigators could not have
accurately fixed the time of death and that army elements
indeed were in the market on the day the five died.  Also in
Ocosingo, the authorities later determined that 11 bodies found
in paupers' graves after the fighting ended included
noncombatant hospital patients and visitors; some witnesses
said the army gunned them down.  Again, the military denied any
involvement; the PGR investigated the case but has yet to
charge anyone.
In Morelia residents reported that the military entered a
communal farm of 100 families on January 7, forcing the men to
lie face down in the village square while they led some away
for questioning and beatings.  Witnesses said they saw a
military ambulance take away the bodies of three men, two of
them in their sixties.  Residents discovered the remains of the
three on the outskirts of the community on February 10.  The
army denied any responsibility, claiming that the remains were
not human and that no military troops were in Morelia on
January 7.  The army admitted, however, that troops were there
on January 6.  U.S. pathologists confirmed the identity of the
remains, but the Government did not file charges and closed the
case.
There were also complaints that the EZLN committed human rights
abuses.  The CNDH declined to investigate the charges, since
the EZLN is not a government entity.  The EZLN kidnaped and
held for 2 months a former governor of Chiapas, releasing him
after a "people's tribunal" found him guilty of crimes against
the people.  At times the EZLN collected "war taxes" at road
blocks in the areas it controlled and confiscated the private
property and livestock of ranchers.  The EZLN announced in
October that it would welcome an investigation by NGO's into
allegations that it had committed human rights abuses against
civilians.  The EZLN also said it was opening an office to
train its soldiers and to receive complaints of human rights
abuses.
Some large landowners in Chiapas established private militias
to defend their property from peasant land invasions.  Local
authorities have not impeded establishment of these militias,
which often employ police and military personnel.
MEXICO2
eTITLE:  MEXICO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
Since 1990, reforms and internal changes have made the media
more professional, freer of the Government and more
competitive.  The Government relinquished its control over
newsprint, banned the practice of overtly paying for favorable
news coverage, and ceased to pay for journalists' travel
expenses during trips.
There remained significant restrictions on these freedoms.  The
Government used its control of a significant advertising
budget, and its ability to reward favored journalists by
providing them access to officials, to discourage unfavorable
reports.  There continued to be some self-censorship by the
media.  The Government controls broadcast license renewals, and
some have charged that the Government delayed renewing licenses
for stations that are critical of the Government or the PRI.
On at least four occasions, radio station owners preempted any
possible problems with license renewals by firing employees who
had broadcast critical stories.  Journalists are also reluctant
to undermine their access to government officials by
criticizing them too freely.  Many media outlets depend heavily
on government advertising and do not wish to prejudice such
income.
The media have also changed internally.  Some new daily
newspapers and magazines are demanding higher education levels
from their reporters and paying them accordingly.  Some print
media are also implementing strict accounting procedures,
making the acceptance of bribes more difficult.  The electronic
media are lagging behind their print competitors in the
emphasis on training.
To a surprising degree, both print and electronic media
provided full coverage of the Chiapas uprising.  For example, a
cable television network broadcast a lengthy interview of EZLN
leader Subcomandante Marcos.  A provincial radio station
broadcast the peace talks between the EZLN and the government
team live, despite government admonitions that it not do so.
The EZLN also sought to control coverage of the talks, and
barred two television networks--one Mexican and one
American--from its press conferences, claiming the networks
were biased in favor of the Government.
The August election gave journalists an opportunity to
demonstrate independence.  Although only approximately
10 percent of the population regularly reads a newspaper (or
perhaps because of this) the move away from the traditional
pro-PRI party line was more notable in the print media.
Several independent studies found that the two primary
opposition candidates for president received substantially more
coverage during the 1994 campaign than during any other
previous election.  Still, the amount of coverage of the ruling
party candidate greatly exceeded that of the opposition, and
its tone was more favorable.  Studies of radio and television
election coverage, which was justly criticized in the past as
inequitable, found that electronic media coverage of the
opposition also increased this year, although less dramatically
than that of the print media.  The coverage afforded the ruling
party candidate was generally favorable; coverage of the
opposition was far more negative.
On election day, the main cable television company (controlled
by Televisa, the country's largest broadcaster and consistently
accused of progovernment bias) blacked out foreign programming
until all polling places were closed.  The electronic media
made some efforts to balance coverage.  For example, Televisa
gave equal amounts of free air and production time to all the
presidential candidates near the end of the campaign period.
Violence against journalists continued.  Assailants killed
three reporters in the state of Morelos; all were severe
critics of the departing state administration at the time of
their deaths.  Government authorities are investigating these
cases, and the CNDH is also pursuing one.  In 1990 the CNDH
initiated a limited program to investigate complaints of human
rights abuses by government officials against journalists; in
1994 the CNDH made it permanent.  The program, consisting of
three phases to date, involved a total of 100 cases through
September 28.  The complaints involved abuses that ranged from
unlawful termination of employment to murder.  The CNDH
concluded all but four cases in the three phases of the program
(many on administrative grounds).  It resolved 9 cases to the
satisfaction of the affected journalist; 21 others resulted in
punishment of government officials for illegal acts, and the
CNDH recommended that the Government take further action
against the accused official in 16 cases.  The CNDH
discontinued 25 cases because victims did not pursue their
allegations.
There continued to be incidents of outright intimidation.  For
example, armed intruders invaded and ransacked the offices of
the Roman Catholic Diocese in Ciudad Juarez in August.  Because
they took only a small amount of cash but left other valuables,
it did not appear that the motive was robbery.  The event
followed a meeting at which the Bishop had pressured the
Attorney General to pursue the case of murdered Archbishop
Posadas more rigorously.
In late January, the curator of a Matamoros museum gave
organizers of a photographic display portraying the conflict in
Chiapas 1 hour's notice to remove the display after the
commander of the Plaza Guard in Matamoros, Brig. Gen. Gonzalez
Garcia Silva, intimated his displeasure at the exhibit.  The
curator claimed that the expulsion was necessary in order to
conduct a previously scheduled fumigation, but the short notice
and the coincidence with the General's visit indicate otherwise.
     b.  Freedom of Peaceful Assembly and Association
Citizens have a constitutional right to assembly and
association which they freely and frequently exercise.  The
only requirement for holding demonstrations is that groups
wishing to meet in public areas must inform local police
authorities.
     c.  Freedom of Religion
The Constitution provides for the right to practice the
religion of one's choice, and the authorities generally
respected this right.  (However, see Section 5 concerning
religious discrimination.)  Mexican law bars clergy from
holding public office and from advocating partisan political
positions.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not generally restrict movement into, out
of, or within the country.  However, military checkpoints
remained in place throughout the year in areas around EZLN
strongholds (see Section 1.g.).  At the beginning of the year,
the military at these checkpoints sometimes harassed volunteers
with relief caravans carrying food and medicine to EZLN-held
territory; the situation later improved somewhat.  Similarly,
the military delayed several U.S. citizens working with human
rights groups at the checkpoints.
The Government admitted 45,000 Guatemalan refugees fleeing from
the civil war in that country and, as the Guatemalan conflict
subsides, is steadily repatriating them.  In 1994 Mexico agreed
to accept Cuban refugees for the first time; only Cubans who
have relatives in Mexico able to support them, however, are
eligible.  The Cubans would not be issued work permits.  The
authorities generally do not inform asylum seekers at the
borders of their right to apply for asylum; the United Nations
High Commissioner for Refugees estimates that the authorities
expel about 100,000 aliens annually for illegally entering the
country.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Under the Constitution, citizens have the right to change their
government through periodic elections.  The PRI dominates
Mexican politics and has controlled the Government since the
party was founded in 1929.  It has won every presidential
election since then and has maintained power, in part, by
relying on public patronage, use of government and party
organizational resources, and, in the past, electoral fraud.
Mexico held nationwide federal elections on August 21, as well
as state and local contests in seven states.  Voters elected
the PRI candidate, Ernesto Zedillo, with approximately
50 percent of the vote.  Diego Fernandez de Cevallo, the
candidate of the right-of-center National Action Party, came in
second with almost 26 percent of the vote, while Cuauhtemoc
Cardenas of the leftist Party of the Democratic Revolution
obtained 16 percent.  The PRI holds 95 of a total of 128 Senate
seats and 300 seats in the 500-member Chamber of Deputies.
Opposition parties increased their seats from 3 to 33 in the
Senate and from 180 to 198 in the Chamber of Deputies.  Two
seats remained unfilled due to legal challenges to election
results.
The elections were generally peaceful and orderly.  The
Government spent hundreds of millions of dollars funding the
operations of the quasi-independent Federal Electoral Institute
(IFE), whose governing council was placed under the control of
nonpartisan, civilian directors.  The IFE oversaw the
compilation of a new voter registration list and distribution
of more than 40 million new voter identification cards.  The
IFE trained hundreds of thousands of polling officials, all
chosen by lottery, and, working with the election assistance
unit of the United Nations, helped prepare the more than 80,000
independent election observers, most of them affiliated with
NGO's and civic and labor organizations.
Some domestic observer groups, Mexican media outlets, and major
political parties conducted "quick count" operations which
confirmed the official results.  Some international observers,
including the National Democratic Institute and the
International Republican Institute, praised the Government and
the IFE for the handling of the elections, but also pointed out
numerous irregularities.  They criticized the progovernment
bias in the media and the use of government resources in
support of the ruling party.  The PRD and some NGO's claimed
that the Government and the PRI perpetrated widespread fraud,
including stuffing ballot boxes and multiple votes.  These
groups, however, have yet to substantiate their claims.
Election courts overturned results in a handful of
congressional and mayoral races because of irregularities or
fraud.  In cases where electoral courts determine fraud, they
void the results of the voting stations in question and
determine the outcome according to the returns from other
stations in the district.
A severe failure in the electoral process was the lack of any
meaningful prosecution of those accused of electoral crimes.
The Government appointed a special prosecutor for electoral
crimes, but the prosecutor was slow in dealing with some 400
complaints, including dozens accusing state governors and other
officials of using government resources to support candidates.
The special prosecutor brought charges only against a grammar
school principal and one candidate for requiring parents to
attend the candidate's campaign rally in order to retrieve
children's report cards.  Even in this case, a local judge
canceled the arrest warrants, and the principal and the
candidate face no criminal proceedings.
On the other hand, newly appointed Attorney General Lozano has
asked the Chamber of Deputies to strip congressional immunity
from two PRI Federal Deputies so that the special prosecutor
for electoral crimes may prosecute them for electoral
offenses.  This is the first time an Attorney General has made
such a request in connection with electoral crimes.
One of the continuing major obstacles to election reform is the
deeply entrenched antidemocratic tradition of unchecked power
exercised by local bosses ("caciques") over peasants in rural
areas.  These bosses often exercise control over virtually
every aspect of peasants' lives, including how they vote.  One
NGO that studied the results of the August 21 elections in a
remote district found that there were 30 percent more votes for
the PRI in polling places where no independent observers were
present.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Although the CNDH is the official human rights ombudsman of the
Government, it is nominally independent of government control.
It has been very vocal and active in many cases, but
ineffectual in others, most notably the problems in Chiapas.
NGO representatives charge that in addition to the obvious
problem of lack of any enforcement authority, the CNDH lacks
autonomy and has become too large and bureaucratic.  They also
criticize the state commissions for being ineffectual.  In the
Chiatas conflict, NGO's contended that PGR and CNDH activities
were frequently inadequate and even negligent, and that the PGR
in particular was more interested in protecting the army's
reputation than in conducting independent and thorough
investigations of alleged military abuses.
In the wake of the Chiapas uprising, numerous international
NGO's visited Mexico to investigate allegations of human rights
violations.  While some of these organizations complained about
government limits placed on access to conflict areas, the
situation steadily improved.  In April one Mexican NGO
complained that the military Attorney General's office had
asked it to answer questions regarding the factual basis for
the group's assertions regarding a human rights case against
the army.  It also asked for details on the group's activities
in Chiapas and when the organization intended to leave the
state.
Upon publication of the CNDH annual report in June, the
Commission's president highlighted the problems of government
inaction on more than half the Commission's recommendations, of
state governors not supporting state commissions, and "severe
financial problems."  In particular, the CNDH cited 103
recommendations which authorities had been "negligent" in
implementing.  Then President Salinas publicly called for
implementation.  By the end of July, the CNDH reported that
enough progress had been made in 70 of the 103 recommendations
(20 by full implementation) that it no longer considered the
authorities as negligent.
In July military authorities prevented 20 members of an
international human rights delegation from traveling to the
Chiapas community of Morelia.  An immigration official at the
scene stated that his superiors had declared the community
off-limits to foreigners.
The National Network of Civil Organizations for Human Rights
reported 86 incidents of harassment of human rights advocates
from April to July, including 10 detentions and 20 cases of
illegal search.  Military forces conducted searches beyond
their authority, and police conducted searches without
warrants.  The report specifically implicated authorities in
many, but not all, of the 86 cases.  Many NGO's working on
campaign reform issues reported receiving death threats.
Defense Minister Antonio Riviello imprisoned Gen. Jose
Francisco Gallardo Rodriguez in November 1993 on a range of
charges, including embezzlement and dishonoring the military.
The embezzlement charges, which Gallardo claims were abandoned
for lack of evidence, date back 5 years.  Gallardo maintains
that military authorities are persecuting him because of an
academic dissertation calling for the establishment of a
military human rights ombudsman's office.  The authorities
continued to hold Gallardo under extraordinary security.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that men and women are equal before the
law.  It also provides that education should sustain the ideals
of "fraternity and equal rights of all mankind, avoiding
privileges of race, sects, groups, sexes, or individuals."
     Women
Although the Constitution provides for equality between the
sexes, neither the authorities nor society in general respect
this in practice.  The most serious violation of women's rights
involves domestic and sexual violence, which is believed to be
widespread and underreported.  Domestic assault is a crime, but
in 10 states the "right to correct" wife and children is not a
crime unless this abuse involves cruelty or unnecessary
frequency.  Women are reluctant to report abuse or file
charges, and even when notified, the police are reluctant to
intervene in what is considered a domestic matter.
The Attorney General's Office operates rape crisis centers
located in the Federal District and the states of Mexico,
Queretaro, and Baja California.  Few women, however, avail
themselves of the centers' services.  In 1993 only 3,400
approached the Mexico City center; the city has a female
population of at least 10 million.
The legal treatment of women's rights is uneven.  Women have
the right to own property in their own names, and to file for
separation and divorce.  However, in some states a woman may
not bring suit to establish paternity and thereby obtain child
support, unless the child was a product of rape or
cohabitation, the child resides with the father, or there is
written proof of paternity.
The Labor Code provides that women shall have the same rights
and the same obligations as men, and that "equal pay shall be
given for equal work performed in equal posts, hours of work
and conditions of efficiency."  According to a 1994 CNDH study,
employers frequently required women to certify that they were
not pregnant at the time of hiring.
The CNDH study also found that the largest number of complaints
received involved negligence or abuse during childbirth by
medical personnel and charges of forced sterilizations.  The
study noted that most sterilizations occurred in public
hospitals when the patients were poor, illiterate, and not
informed of the consequences of the medical procedure.  The
CNDH recommended that medical administrators train their staff
to be more aware when dealing with such patients.
     Children
There is no societal pattern of abuse against children, but
children's advocates report many cases of such abuse.  Children
under the age of 18 make up 40 percent of the population.  An
estimated 12,000 live on the streets, many having left or been
driven from their homes by alcoholic or drug-addicted parents.
The children themselves often become involved with alcohol,
drugs, prostitution, and petty thievery.  While the Government
and NGO's conduct a number of programs for street children, the
problem is exacerbated by corrupt police who pressure street
children to commit petty crimes and extort the profits from
them.  The CNDH has a program for protection of children's
rights which includes educating children on their rights and
reviewing legislation to ensure compliance with international
conventions on children's rights.
     Indigenous People
The indigenous population has long been the object of
discriminatory treatment, which contributed to the social
inequities in Chiapas that led to the January rebellion.  That
uprising focused unprecedented interest on the demands of
Indians in that state for increased economic and social
rights.  As peace talks developed, it was clear that the EZLN's
basic demands included that the Government enact measures to
protect indigenous cultures, establish self-governing
autonomous regions in indigenous areas, and provide more
opportunity for employment in indigenous areas.  Although the
peace talks stalled, the Government appeared willing to
consider these demands, not only for the Indians of Chiapas but
for all of Mexico's indigenous groups.  In December the Zedillo
administration initiated a program to implement land reform
laws in Chiapas and targeted tens of thousands of hectares for
distribution to peasants.
The Government, through the INI and the CNDH, operates programs
to educate indigenous groups, many of members of which do not
speak Spanish, about their political and human rights, and it
generally professes respect for their desire to retain elements
of their traditional lifestyle.  The CNDH received 137
complaints from indigenous people.  At year's end, it had
resolved 73 complaints and 64 were pending.
Some 131 NGO's in Mexico are dedicated to the promotion and
protection of indigenous rights.  Indigenous people do not live
on independently governed reservations, although some
indigenous communities exercise considerable local control over
economic and social issues.  These communities apply
traditional law to resolve a variety of disputes, including
allegations of crimes.  However, these groups remain largely
outside the country's political and economic mainstream, a
result of longstanding patterns of economic and social
development, and in many cases their ability to participate in
decisions affecting their lands, cultural traditions, and the
allocation of natural resources is negligible.
The 1992 reforms in agrarian law were expected to promote
economic development in the countryside, but indigenous groups
generally perceived the reforms as intended to break up
indigenous communal landholdings and prevent the groups from
obtaining title to new lands.  As noted earlier, despite the
1991 amendment to the Federal law which requires an interpreter
to be present at every stage of criminal proceedings, the
courts continued to try and sentence indigenous people without
the benefit of interpreters.  Knowledge of the Spanish language
is essential to work outside indigenous areas, and non-Spanish
speakers are frequently taken advantage of in commercial
transactions involving bilingual middlemen.
Although the law provides some protections for the indigenous,
and the Government provides Indian communities support through
social and economic assistance programs, the legal guarantees
and social welfare programs are not sufficient to provide the
Indians the basic support and standards they expect.
     Religious Minorities
In the wake of the Chiapas conflict, several Catholic leaders
and groups accused of inciting the EZLN armed uprising received
death threats.  San Cristobal city officials reportedly
orchestrated an effort in concert with other prominent figures
to have the Bishop, considered by many observers as sympathetic
to the EZLN, removed from office and expelled.  In the Chiapas
town of Altamirano, town leaders and other citizens accused
Catholic nuns operating a clinic of being EZLN supporters and
subjected them to intimidation designed to make them leave the
community.  Military and civil police authorities allegedly
allowed the intimidation to proceed.  The CNDH is investigating
both cases.
The Society of Jesus (the Jesuits) complained that the
Government selectively leaked documents alleging Jesuit ties to
the Chiapas uprising and other armed movements.  For example, a
Mexico City daily published what it said was information from
Mexican intelligence authorities claiming that EZLN leader
Subcomandante Marcos was a Jesuit priest.  The story was
quickly proven untrue, but the Attorney General's Office
declined to prosecute the newspaper for libel.  The Government
also rejected the Jesuits' request that it issue statements
correcting this and other media stories linking the order to
the EZLN.  The Jesuits also complained about unauthorized raids
on Jesuit facilities in Veracruz, Chiapas, and Guererro.  In
the Guererro case, 6 heavily armed intruders allegedly broke
into a retreat house and held priests, lay workers, and 20
novices hostage while they cut phone lines, ransacked the
premises, and took away documents.  The local police refused to
investigate unless the Jesuits could identify the individuals
who took part in the raids.  The Jesuits also received numerous
bomb and death threats; in one instance the caller ominously
alluded to the 1991 mass murder of Jesuits in El Salvador.
In the highlands of Chiapas and other indigenous areas, elected
officials sometimes acquiesced in or actually ordered the
expulsions of Protestants belonging primarily to evangelical
groups.  In many cases the expulsions involved the burning of
homes and crops, beatings, and, occasionally, killings.  The
most significant example of religious expulsions occurred in
San Juan Chamula, Chiapas, where authorities expelled an
estimated 15,000 evangelicals over the past 20 years.
In August state authorities and the CNDH worked out an
agreement for about 500 evangelicals to return to San Juan
Chamula.  An earlier attempt to return to the community at the
beginning of the year was unsuccessful, as the residents beat
the returnees and drove them out of town.  The evangelicals
later retaliated by holding the town mayor hostage; one person
was killed when the mayor was rescued.  In October a mob
murdered three evangelical returnees.  The authorities
immediately arrested four suspects but later released them.
Both sides are armed, and state officials and human rights
groups continued to monitor the situation at year's end.
     People with Disabilities
The law requires access for handicapped persons to public
facilities in Mexico City, but not elsewhere in Mexico.  In
practice, however, most public buildings and facilities do not
comply with the law.  Special education programs for people
with disabilities are not widely available.
MEXICO3
6TITLE:  MEXICO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and Federal Labor Law (FLL) provide workers
the right to form and join trade unions of their choice.  About
30 percent of the total work force is organized, which implies
an effective unionization rate nearly twice that high, since
only about half the work force is employed in the formal
private or public sector, accessible to union organization.
No prior approval is needed to form unions, but they must
register with federal or state labor authorities to obtain
legal status to function effectively.  Registration
requirements are not onerous.  There are credible allegations,
however, that federal or state labor authorities occasionally
withhold or delay registration of unions hostile to government
policies, employers, or established unions, or register
extortionists or labor racketeers falsely claiming to represent
workers.  To remedy this latter problem, Labor Secretariat
(STPS) officials require evidence that unions are genuine and
representative before registering them.
The International Labor Organization (ILO) Committee of Experts
(COE) found that certain restrictions in federal employee labor
law, a separate section of the Constitution and FLL, violate
freedom of association.  At the request of federal employee
unions, the law allows only one union per jurisdiction and
forbids reelection of union officials--provisions acceptable in
union statutes but not in law.  The COE welcomed the fact that
privatization of most banks ended these legal restrictions on
their unions.
Mexican unions form federations and confederations freely
without government approval.  Most belong to such bodies.
They, too, must register to get legal status.  Questionable
delays occur occasionally, but none were reported in 1994.
The largest trade union central is the Confederation of Mexican
Workers (CTM), organizationally part of the ruling PRI.  CTM's
major rival centrals and nearly all the 34 smaller
confederations, federations, and unions in the Labor Congress
(CT) are also allied with the ruling PRI.  However, the
teachers' union, a large CT affiliate, severed its ties to the
PRI to free its factions to cooperate openly with other
parties.  Rivalries within and between PRI-allied centrals are
strong.  There also are a few small labor federations and
independent unions outside the CT which are not allied to the
Unions are free to affiliate with, and are often active in,
trade union internationals.
Union officers help select, run as, and campaign for, PRI
candidates in federal and state elections, and support PRI
government policies at crucial moments.  This gives the unions
considerable influence on government policies, but limits their
freedom of action to defend member interests in other ways,
particularly when this might threaten the Government or the
PRI.  After the 1991 federal elections, the proportion of CT
Senators and deputies fell to under 10 percent, but in 1994 the
CT, and especially the CTM, regained some lost congressional
nominations, and nearly all labor candidates won handily.
The Constitution and FLL provide for the right to strike.  The
law requires 6 to 10 days' advance strike notice, followed by
brief government mediation.  If federal or state authorities
rule a strike "nonexistent" or "illicit," employees must remain
at work, return to work within 24 hours, or face dismissal.  If
they rule the strike legal, the company or unit must shut down
totally, management officials may not enter the premises until
the strike is over, and the company may not hire striker
replacements.  The law permits public sector strikes, but they
are rare.  Provisions for maintaining essential services are
not onerous.
Most strike notices precede successful collective bargaining
and are never implemented.  During 1993, 7,200 strike notices
were filed with federal labor boards, and 148 legal strikes
occurred.  The authorities ruled only two nonexistent and none
illicit; two were withdrawn, they transferred 309 to state
boards (not federal jurisdiction), and put 702 on file awaiting
further information.
There were credible allegations that federal or state labor
authorities occasionally stretch legal requirements to rule
strikes nonexistent or illicit, or use delays to prevent
damaging strikes and force settlements, but there was not a
consistent pattern.  The Constitution and FLL protect labor
organizations from government interference in their internal
affairs, including strike decisions, which can also protect
undemocratic or corrupt union leaders.  The law permits closed
shop and exclusion clauses, allowing union leaders to vet and
veto new hires and force dismissal of anyone the union expels.
Such clauses are common in collective bargaining agreements.
Employer organizations have pushed for labor law reform which
would limit union leaders' powers, but unions have successfully
resisted.  However, the Government has induced de facto reform
through tripartite national pacts (see below) and collective
bargaining at the enterprise level.
     b.  The Right to Organize and Bargain Collectively
The Constitution and FLL strongly uphold the right to organize
and bargain collectively.  Interest by a few employees, or a
union strike notice, compels an employer to recognize a union
and negotiate, or ask the federal or state labor board to hold
a union recognition election.  FLL pro-union provisions lead
some employers to seek out independent, "white," or company
unions as an alternative to mainstream national or local
unions.  Representation elections are traditionally open, not
secret.  Management and union officials are present with the
presiding labor board official when each worker openly declares
his or her vote.  Such open "recounts" are prevailing practice,
but not required by law or regulation.  Secret ballots are held
when all parties agree.
Annual national pacts negotiated by the Government and major
trade union, employer, and rural organizations have voluntarily
limited free collective bargaining for the past decade.  These
pacts were intended to stop inflation and to support the
Government's free market economic reforms and structural
adjustment policies.  The mainstream labor organizations
reluctantly accepted drastic reductions in members' real
incomes in the late 1980's, although these regained some lost
ground over the last 5 years.
The record in internal union democracy and transparency is
mixed.  Some unions are democratic, but corruption or
authoritarian and strong-arm tactics are common in others.  In
1994 dissidents protested, alleging such practices in four of
Mexico's strongest unions.  For example, they alleged fraud
when the railroad union, an independent CT member, elected
officers in October by secret ballot, although these
allegations appeared unsubstantiated.  Three of the strongest
national CTM unions--petroleum, electric, and sugar
workers--have dissident movements which accused leaders of
undemocratic or strong-arm tactics.  Electric union dissidents
succeeded in pressuring the leadership into giving them several
regional leadership posts.
The public sector is almost totally organized.  Industrial
areas are heavily organized, but states with little industry
often have few unions.  The law protects workers from antiunion
discrimination, but enforcement is uneven, especially in states
with low unionization.
Unionization and wage levels in the in-bond export sector vary
by area, but, especially in the west, are lower than in most
other industries.  Some observers allege poor working
conditions, inadequate wages, and employer and government
efforts to suppress unionization.  There is no evidence the
Federal Government opposes unionization of these plants, which
tend to be under state jurisdiction, but some state and local
governments, as well as some employers, are known to discourage
unions.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor.  There have been no
credible reports of forced labor for many years.
     d.  Minimum Age for Employment of Children
The law bans child labor and sets the minimum legal work age at
14.  Although the activities of those aged 14 and 15 are so
restricted as to be uneconomic (no night or hazardous work,
limited hours), the ILO reported that 18 percent of children
aged 12 to 14 work, often for parents or relatives.  Enforcement
is reasonably good at large and medium-sized companies,
especially in export industries and those under federal
jurisdiction.  Enforcement is inadequate at the many small
companies and in agriculture.  It is nearly absent in the
informal sector, despite government efforts.  Most child labor
is in the informal sector (including myriad underage street
vendors), agriculture, and in rural areas.
The Government increased obligatory school years from 6 to 9 in
1992 and made parents legally liable for their children's
attendance, as part of a reform to upgrade Mexican labor force
skills and long-term efforts to continue increasing educational
opportunities for youth.
     e.  Acceptable Conditions of Work
The Constitution and the FLL provide for a daily minimum wage.
The tripartite national minimum wage commission (government,
labor, employers), sets minimum wage rates each December,
effective January 1.  On January 2, 1995, after the year-end
exchange rate crisis and peso float, the 1995 minimum daily
wage in Mexico City and nearby industrial areas, Acapulco,
southeast Veracruz state's refining and petrochemical zone and
most border areas, was $3.27 (16.34 new pesos).  Minimum wage
earners are actually paid $3.70 (18.48 new pesos) by their
employers due to a supplemental 14 percent fiscal subsidy
(negative income tax or tax credit), which employers then
subtract from their own taxes.  These income supplements to the
minimum wage, agreed in the annual tripartite pacts, are for
all income less than four times the minimum wage, decreasing as
wages and benefits rise.  In Guadalajara, Monterrey, and other
advanced industrialized areas, the 1995 minimum daily wage
(before the fiscal subsidy) was $3.04 (15.18 new pesos).  In
other areas, it was $2.76 (13.79 new pesos).
There are higher minimums for some occupations, such as
building trades.  Few workers (12 percent, including most
waiters and hotel workers, who depend on tips) earn only the
minimum wage.  Industrial workers average three to four times
the minimum wage, earning more at bigger, more advanced, and
prosperous enterprises.  The 1995 minimum daily wage in pesos
was increased by 7 percent (4 percent for projected inflation
and 3 percent for productivity), plus a 3-percent increase in
the fiscal subsidy--a 10-percent total increase.  The 1995
minimum daily wage is for the whole year, but inflation
projections have been revised upward and any of the three
parties can ask that the board reconvene during the year to
consider a changed situation, although labor and employers
agreed not to do so during the first months of 1995.  On
January 3, 1995, labor, employers, and the Government agreed to
establish a committee to study further tax changes.
The law and contract arrangements provide workers extensive
additional benefits.  Legally required benefits include
individual retirement accounts, social security (IMSS)
coverage, individual worker housing accounts, substantial
Christmas bonuses, paid vacations, and profit-sharing.
Employer costs for these benefits run from about 27 percent of
payroll at marginal enterprises to over 100 percent at major
firms with generous union contracts.
The FLL sets 48 hours as the legal workweek.  Workers asked to
exceed 3 hours of overtime per day or work overtime on
3 consecutive days must be paid triple the normal wage.  For
most industrial workers, especially under union contract, the
true workweek is 42 hours, although they are paid for 6 full
days.  This is why unions jealously defend the legal ban on
hourly wages.
The law requires employers to observe occupational safety and
health regulations issued jointly by STPS and IMSS, and pay
contributions which vary according to their workplace safety
and health experience ratings.  FLL-mandated joint (management
and labor) committees set standards and are responsible for
workplace enforcement in plants and offices.  These meet at
least monthly to consider workplace needs and file copies of
their minutes with federal labor inspectors, who assumed
jurisdiction for all such inspections in 1987, supplanting
state inspectors and strengthening inspection considerably.
The inspectors schedule visits largely in response to these
workplace committees.
Individual employees or unions may also complain directly to
inspectors or safety and health officials.  Workers may remove
themselves from hazardous situations without jeopardizing their
employment.  Plaintiffs may bring complaints before the Federal
Labor Board at no cost to themselves.
STPS and IMSS officials report compliance is reasonably good at
most large companies.  Federal inspectors are stretched too
thinly for effective enforcement if companies do not comply
voluntarily and fulfill their legal obligation to train workers
in occupational health and safety matters.  There are special
problems in construction, where unskilled, untrained,
poorly-educated, transient labor is common, especially at many
small sites and companies.  Many unions, particularly in
construction, are not organized effectively to provide training
and to encourage members to work safely and healthily, to
participate in the joint committees, and to insist on their
rights.
MICRONES1
*TITLE: FEDERATED STATES OF MICRONESIA HUMAN RIGHTS PRACTICES,
       1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                 FEDERATED STATES OF MICRONESIA
The Federated States of Micronesia (FSM) is composed of 607
small islands extending over a large area of the Central
Pacific.  Four states--Chuuk (formerly Truk), Kosrae, Pohnpei,
and Yap--comprise the federation.  The population is estimated
to exceed 100,000, mostly of Micronesian origin.  The four
states were part of the Trust Territory of the Pacific Islands,
administered by the United States from 1947 to 1986 pursuant to
an agreement with the United Nations.
Political legitimacy rests on the popular will expressed by a
majority vote through elections in accordance with the
Constitution.  There are three branches of government:  a
president as chief executive and head of state, a unicameral
legislature elected from the four constituent states, and a
judicial system that applies criminal and civil laws and
procedures closely paralleling those of the United States.
Under the Compact of Free Association, the United States is
responsible for defense and national security.  The FSM has no
security forces of its own, aside from local police and other
law enforcement officers, all of whom are firmly under the
control of the civil authorities.
The economy depends heavily on transfer payments from the
United States, fishing, tourism, and subsistence agriculture.
Traditional customs sustain a value system which distinguishes
between people on the basis of social status and sex.  The
continuing breakdown of those customs, including the breakdown
of the extended family, has contributed to violence against
women and child neglect--the principal human rights problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances or abductions.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There was no known incidence of torture or other cruel,
inhuman, or degrading treatment or punishment.
     d.  Arbitrary Arrest, Detention, or Exile
Legal procedures, for the most part patterned after U.S. law,
provide for due process, which is carefully observed.  There is
no exile.
     e.  Denial of Fair Public Trial
Public trial is provided for in the Bill of Rights, and trials
are conducted fairly.  Juveniles may have closed hearings.  The
Chief Justice of the Supreme Court is appointed by the
President, with the advice and consent of the Congress.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law prohibits such arbitrary interference, and in practice
there is none.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
These rights are constitutionally assured and observed.  Each
of the four state governments controls a radio station
broadcasting primarily in the local language.  Local television
programming in some states shows videotaped and occasionally
live coverage of local sports and political and cultural
events.  Subscription cable television, showing major U.S.
programming, is available in Chuuk and Pohnpei.  Religious
groups operate private radio stations.  The national Government
and the four states publish newsletters.
     b.  Freedom of Peaceful Assembly and Association
The Bill of Rights provides for freedom of peaceful assembly
and association, and these rights are honored in practice.
During political campaigns, citizens often question candidates
at public meetings.  Formal associations are uncommon in
Micronesia, but student organizations exist.
     c.  Freedom of Religion
The FSM is hospitable to diverse religions, and missionaries of
many faiths work within the nation.  The Bill of Rights forbids
establishment of a state religion and governmental restrictions
on freedom of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Congress is elected by popular vote from each state;  the
Congress then chooses the President and Vice President from
among its four at-large senators by majority vote.  State
governors, state legislators, and municipal governments are all
elected by direct popular vote.  Political campaigning is
unrestricted and, as there are no established political
parties, political support is generally courted from among
family and allied clan groupings.
Although there are no restrictions on the formation of
political groups, there have been no significant efforts to
form political parties.
For cultural reasons in this male-dominated society, women have
not reached any senior positions in government with one
exception; one of the four state legislatures has a female
member.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There were no known requests for investigations of alleged
human rights violations.  While there are no official
restrictions, no local groups concern themselves with human
rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Although the Constitution provides explicit protection against
discrimination based on race, sex, language, or religion,
societal discrimination and violence against women remain
serious problems.
There are no cultural or institutional barriers to education
for women.  Statistics supplied by the College of
Micronesia-FSM as well as by high schools and grade schools
indicate that the percentage of female graduates at all levels
now nearly equals that of males.  However, women are still at
the early stages of finding jobs beyond the entry level in both
the public and private sectors.
Women's roles within the family as wife, mother, homemaker, and
childrearer remain virtually unchanged from earlier times.
Allegations of violence against women usually stem from
domestic conflict between husband and wife, and wife beating
under certain circumstances is still condoned among more
traditional elements of the population.  Alcohol abuse
increasingly contributes to this problem.  While assault by a
husband or other male relative on women and children within the
family is a criminal offense under law, most women are
reluctant to bring formal charges.  When formal charges are
brought by women against men who assault them, the attitude of
the authorities is that such issues are best left to the
extended family unit to resolve.  At the same time, the
breakdown of the extended family increasingly denies women even
the traditional means of redress.
In 1992 women began to have organizational representation at
the national level with the formation of the National Women's
Advisory Council, made up of the National Women's Interest
Officer (NWIO) and representatives from each of the four
states.  The NWIO position was funded in 1994, but the
incumbent took only tentative steps to increase women's
awareness of their legal rights.
     Children
While children's rights are generally respected, child neglect
has become increasingly common, a byproduct of the continuing
breakdown of the extended family.  The Government has neither
recognized child neglect as a problem nor taken steps to stop
child neglect.
     National/Racial/Ethnic Minorities
Non-Micronesians are prohibited from purchasing land in the
FSM.  For the most part, non-Micronesians share fully in the
social and cultural life of the FSM.  FSM citizenship for
non-Micronesians is granted only by individual acts of the
national Congress.
     People with Disabilities
Neither laws nor regulations mandate accessibility to public
buildings and services for the disabled.  FSM schools have
established special education classes to address problems
encountered by those who exhibit learning disabilities.
Section 6  Worker Rights
     a.  The Right of Association
Citizens have the right to form or join associations, and
national government employees by law may form associations to
"present their views" to the Government.  However, as yet,
neither associations nor trade unions have been formed in this
largely nonindustrial society.
     b.  The Right to Organize and Bargain Collectively
There is no law dealing specifically with trade unions or with
the right to collective bargaining.  Wages are set by
individual employers.  The Government is not a member of the
International Labor Organization.  Micronesia has no export
processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits involuntary servitude,
and there is no evidence of its practice.
     d.  Minimum Age for Employment of Children
There is no law establishing a minimum age for employment of
children.  While in practice there is no employment of children
for wages, they often assist their families in subsistence
farming activities.  The FSM does have a compulsory education
law which requires that all children begin school at the age
of 6.  Children may leave school when they reach the age of 14
or after completing the eighth grade, whichever comes first.
     e.  Acceptable Conditions of Work
The four state governments have established minimum hourly
wages for government workers:  $1.49 in Kosrae, effective
October 1992;  $1.35 in Pohnpei, effective October 1991;  $0.80
in Yap, effective January 1980; $1.25 in Chuuk, effective
October 1994 (paychecks were sporadic to government workers as
a result of Chuuk's debt crisis in the latter half of 1994).
Pohnpei is the only state that applies its minimum wage rate to
the private sector.  These minimum wage structures and the
wages customarily paid to unskilled workers are sufficient to
provide an acceptable standard of living under local conditions.
There are no laws regulating hours of work (although a 40-hour
workweek is standard practice) or prescribing standards of
occupational safety and health.  A federal regulation requires
that employers provide a safe place of employment.  The
Department of Health has no enforcement capability; working
conditions vary in practice.
MOLDOVA1
RfRfTITLE:  MOLDOVA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            MOLDOVA
Moldova, independent from the Soviet Union since 1991, adopted
a new Constitution on August 27 which provides for a multiparty
representative government with power divided among a directly
elected president, the Cabinet, Parliament, and the judiciary.
The first multiparty elections were held in February;
independent observers considered them generally free and fair.
The Democratic Agrarian Party achieved a slight majority and
formed the new Government with Andrei Sangheli as Prime
Minister, a post he has held since 1992.
The Ministry of Internal Affairs has responsibility for the
police, who continue to employ beatings in dealing with some
detainees and prisoners.  The Ministry of National Security
controls the security organs.  The Constitution assigns to
Parliament the authority to investigate the activities of these
Ministries to ensure they comply with legislation in effect,
and it did so on several occasions.  There are credible
accusations that security forces monitor political opposition
members and use unauthorized wiretaps.  Opposition parties
claimed that Security Ministry officials in some cases
interfered with opposition activities during the election
campaign.  No public investigation of these charges took place.
Moldova made considerable progress in economic reform in 1994.
A privatization program based on vouchers issued to all
citizens is under way.  Approximately 35 percent of enterprises
will be privatized for vouchers.  However, the economy is
largely based on agriculture, and agricultural privatization
continues to lag behind.  Approximately 75 percent of
collective farms have become joint stock companies, with
ownership documents being issued to collective farmers.  In
addition, over 12,000 Moldovans have claimed land and are
farming privately.
The new Constitution improved protection for basic human rights
but incorporated language potentially limiting the activities
of political parties and the press, especially Article 32,
which forbids "contesting or defaming the State and the
people," and Article 41, which declares unconstitutional
parties that militate against the sovereignty, independence,
and territorial integrity of Moldova.  Interethnic relations
improved as the new Parliament delayed the implementation of
the controversial testing for competence in the state language
Romanian (Moldovan), which many members of the minorities do
not speak.  The new Constitution guarantees parents the right
to choose the language of education for their children,
addressing another minority concern.  Based on evaluations from
the Council of Europe and the Conference on Security and
Cooperation in Europe (CSCE), the Parliament liberalized the
restrictive draft press law under consideration, addressing
many of the concerns of journalists regarding the initial
draft.  A draft "concept" of judicial reform, which would
strengthen judicial independence, was approved, but many new
laws needed to implement the concept were not enacted in 1994.
Moldova remained divided, with mostly Slavic separatists still
controlling the Transdniester region.  This separatist
movement, led by a pro-Soviet group, entered negotiations with
the Government on the possibility of a special political status
for the region.  Progress was blocked, however, by the
separatists' demands for "statehood" and the creation of a
confederation of two equal states.  The CSCE and the Russian
Federation acted as mediators.  There are continuing credible
reports that Transdniester authorities committed human rights
abuses, although the scale of serious abuses is much smaller
than in 1992.  The two sides generally observed the cease-fire
of July 1992, which ended armed conflict between them.  In
December Parliament passed a law according increased local
autonomy to the region in the south inhabited largely by the
Gagauz (Christian Turkic) minority.
RESPECT FOR HUMAN RIGHTS
Section 1                           Respect for the Integrity
                                    of the Person, Including
                                    Freedom from:
    a.   Political and Other Extrajudicial Killing
In the Transdniester region controlled by separatist forces, an
attempt was made in March to kill a controversial prosecutor,
Boris Lucik.  Lucik's wife and bodyguard were killed in the
attempt, and Lucik was seriously injured.  It is not known who
perpetrated the act; some sources accuse organized crime
groups, while others accuse political opponents within the
separatist regime.  There were no other reports of politically
motivated killings.  Information from the Transdniester region
is, however, limited.
    b.   Disappearance
There were no reports of politically motivated disappearances.
    c.   Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no allegations of torture of civil or criminal
prisoners by Moldovan authorities in 1994, but there were
credible reports that police sometimes beat prisoners or
suspects in their custody.
In the Transdniester region, four Moldovans, whose trial was
criticized by international human rights organizations,
complained of mistreatment, including beatings and use of
psychoactive drugs by authorities.  Their treatment improved
somewhat in 1994, and they were permitted more regular access
to their families.  Two other members of this group were
released in 1994.  One publicly stated that his evidence at the
trial implicating the others had been the result of beatings
and intimidation while in the custody of separatist authorities
(see Section 1.e.).  The International Committee of the Red
Cross (ICRC), which visited Ilie Ilascu on two occasions (1992,
1993) in Tiraspol (Transdniester region), was denied the
possibility to repeat such visits, despite numerous
representations to the Tiraspol authorities.
Prisoners complained of extremely harsh conditions in prisons,
including inadequate sanitation, medical care, and food
supplies.  Prisoners also reported, credibly, that jailers did
not intervene to prevent some prisoners from abusing others.
In September parliamentarians formed a special commission to
investigate charges of misconduct toward prisoners and
detainees.
    d.   Arbitrary Arrest, Detention, or Exile
The former Soviet Code on Penal Procedure remains in force with
some amendments.  Prosecutors, rather than judges, issue arrest
warrants.  Under the new Constitution, a suspect may be
detained without charge for 24 hours (previously, detention of
72 hours was permitted).  The suspect is normally allowed
family visits during this period.  The 72-hour time limit
appeared to be generally respected; it is too soon to judge
whether the new time limit is respected as well.  If charged, a
suspect may be released pending trial.  There is no system of
bail, but in some cases a friend or relative, in order to
arrange release, may give a written undertaking that the
accused will appear for trial.
Suspects accused of violent or serious crimes are generally not
released before trial.  The Criminal Code permitted pretrial
detention for up to 18 months at the prosecutor's discretion.
The new Constitution permits pretrial arrest for an initial
period of 30 days, which may be extended to 6 months.  Although
arrest warrants are still issued by a prosecutor, the accused
has the right under the new Constitution to a hearing before a
court regarding the legality of his arrest.  In exceptional
cases, Parliament may approve extension of pretrial detention
on an individual basis up to 12 months.
According to the new Constitution, a detained person must be
informed immediately of the reason for his arrest, and he must
be made aware of charges against him "as quickly as possible."
The accused is provided the right to a defense attorney
throughout the entire process, and the attorney must be present
when the charges are brought.
    e.   Denial of Fair Public Trial
The independence of the judiciary has increased since the
dissolution of the Soviet Union.  The draft "concept" on
judicial reform approved by Parliament moves toward further
consolidating this independence but still falls short of
providing a legal framework guaranteeing independence.  The new
Constitution provides that the President, on the nomination of
an expert judicial body, the Superior Council of Magistrates,
appoints judges for an initial period of 5 years.  They may be
reappointed for a subsequent 10 years, after which they serve
until retirement age.  The fact that judges may not be removed
during their period of service should contribute to the
independence of the judiciary.
While the proposed judicial reform would establish regional
courts and an appeals court, the current structure has only two
levels:  local courts on the city or district level, and the
Supreme Court, which acts as an appellate court.  By law,
defendants in criminal cases are presumed innocent.  In
practice, prosecutors' recommendations still carry considerable
weight and limit defendants' right to a presumption of
innocence.
Generally, trials are open to the public.  Defendants have the
right to attend proceedings, confront witnesses, and present
evidence.  Defense attorneys are able to review the evidence
against their clients when preparing their cases.  The accused
enjoys a right to appeal to the Supreme Court.  In a number of
cases, decisions of the lower court were overturned on appeal.
Members of the Russian-speaking minority have expressed concern
that they will not receive equal treatment before the courts.
To date, no pattern of discrimination has emerged in the
judicial system.  The new Constitution guarantees the right of
the accused to have an interpreter both at the trial and in
reviewing the documents in the case.  If the majority of
participants agree, trials may take place in Russian or another
acceptable language instead of Romanian/Moldovan.
There continue to be credible reports that local prosecutors
have brought unjustified charges against individuals in
retribution for accusations of official corruption, or for
political reasons.
In 1994 a small group of former Russian army soldiers were
convicted of a series of auto thefts.  Some ethnic Russian
groups alleged that they did not receive a fair trial and that
their treatment in detention and their sentences were unduly
harsh.  The soldiers appealed their convictions, but the
Supreme Court let the sentences stand.
In the Transdniester region, four Moldovans, members of the
"Tiraspol Six," remain in prison following their conviction in
1993 for allegedly assassinating two separatist officials.  Two
were released during 1994.  International human rights groups
raised serious questions about the fairness of the trial, and
local organizations alleged that the Moldovans were prosecuted
solely because of their membership in the Christian Democratic
Popular Front, a Moldovan party that favors reunification with
Romania (see Section 1.c.).
    f.   Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
According to the 1990 police law, prosecutors, rather than
judges, issue search warrants.  There have been numerous
instances in which searches were conducted without warrants,
and courts do not exclude evidence that was illegally
obtained.  There is no judicial review of search warrants.
The new Constitution specifies that searches must be carried
out "in accordance with law" but does not specify the
consequences if the law is not respected.  It also forbids
searches at night, except in the case of flagrant crime.
Opponents of the Government continue to claim that security
forces monitored and harassed them, especially during the
election campaign.  It is widely believed that the security
forces continued to use electronic monitoring of residences and
telephones in some cases, although confirmation of such
activities is lacking.  By law, the prosecutor's office must
authorize wiretaps and may do so only if a criminal
investigation is under way.  In practice, the prosecutor's
office lacks the ability to control the security organs and
police and prevent them from using wiretaps illegally.
Section 2                           Respect for Civil
                                    Liberties, Including:
    a.   Freedom of Speech and Press
Freedom of speech is not abridged, and the print media express
a wide variety of political views and commentary.  National and
city governments own most newspapers, but political parties and
professional organizations, including trade unions, also
publish newspapers.
Several independent radio stations began operation in 1994,
including at least one religiously oriented station.  The
Government continues to control television (except for the
increasingly popular cable television stations) as well as the
major radio stations.
While the Government does not engage in censorship, journalists
complain that editors encourage them to soften criticisms of
government officials in order to avoid confrontation and
possible retribution.  In 1994 the state-run Television and
Radio Company dismissed a number of employees, citing the need
to reduce staff in view of budget restrictions.  Many
employees, alleging that they were dismissed for their
political beliefs, appealed to the courts and were reinstated.
Some press organs are making use of the new possibilities for
free expression.  The city paper of Chisinau, for example,
published several articles critical of police activities; while
the Ministry of Internal Affairs responded with an angry and
critical rebuttal, there have been no reprisals by year's end
against the newspaper.
Parliament considered a new law on the press which journalists
strongly criticized because it would have limited their right
to criticize government policies.  Although Parliament approved
the draft on the first reading, it later adopted a redrafted
version of the law taking into account recommendations from the
Council of Europe and the CSCE, although the draft retains
language forbidding "contesting or defaming the State or the
people" (restrictions also contained in the new Constitution).
This restriction appears to be aimed at journalists publishing
material in favor of reunification with Romania and questioning
the legal right of the Republic of Moldova to exist.
The Government does not restrict foreign publications.  Western
publications do not circulate widely since they are very
expensive by local standards.  Romanian and Russian
publications have also become rather more difficult to obtain
due to expense.  Moldova receives television and radio
broadcasts from Romania and Russia.
In the separatist Transdniester region, the authorities cut off
financial support for two newspapers which had occasionally
been critical of some policies and formed a new "official"
newspaper.  In the separatist "capital" Tiraspol, the
independent cable television station Asket came under pressure
from authorities, taking the form of attacks on the premises
and cut cables, because it broadcast reports critical of the
separatist authorities.
    b.   Freedom of Peaceful Assembly and Association
The law protects the right to peaceful assembly.  The mayor's
office generally issues permits for demonstrations; it may
consult the national Government if the demonstration is likely
to be extremely large.
In 1994 the Government refused permission for opposition
parties to use the large central square in front of the
government buildings for several demonstrations.  They issued
permits for a nearby park or other central locations instead.
Officials threatened to take one opposition leader to court
when a demonstration moved closer to the government buildings
than was authorized but took no action by year's end.  In
October opposition parties demonstrated in the central square
despite the lack of permission; no action was taken against
demonstrators.
Private organizations, including political parties, are
required to register, but applications are handled routinely.
    c.   Freedom of Religion
The practice of religion is generally free.  Parliament passed
a law on religion in 1992 which codified religious freedoms,
although it contained restrictions that could inhibit the
activities of some religious groups.  The law guarantees
freedom of religious practice, including each person's right to
profess his religion in any form.  It also provides for
alternative military service for conscientious objectors,
protects the secrets of the confessional, allows denominations
to establish associations and foundations, and states that the
Government may not interfere in the religious activities of
denominations.  The law, however, also requires that religious
groups register with the Government in order to function and
that denominations obtain specific government approval to hire
noncitizens.  The law also prohibits proselytizing.
Some Protestant denominations are concerned that the
prohibition on proselytism could inhibit their activities,
although many denominations hold large revival meetings
apparently without official interference.  To date, the
authorities have taken no legal action against individuals for
proselytizing, despite a substantial amount of such activity.
Although Eastern Orthodoxy is not designated as the official
religion of Moldova in the law on religion, it continued to be
the strongest religious force and exerted significant
influence.  The Government still refused to register the
"Metropolitanate of Bessarabia--Old Style," which broke away
from the Moldovan Orthodox Church, under the authority of the
Patriarch of Moscow, to adhere to the Romanian Orthodox Church
in 1992.  The Government cites unresolved problems connected to
the new church's property claims as the principal reason it
cannot register the group.  Priests who have joined this church
have credibly alleged that local authorities have sometimes
harassed them and have taken no action to prevent their
harassment by priests who remained loyal to the majority
church.
Protestant groups have increased their ties with coreligionists
abroad; foreign missionaries are also established in Moldova.
Eighteen denominations are registered and active in Moldova,
including Baha'i, followers of Krishna, and Jehovah's
Witnesses--groups that had been denied registration in the
past.  The Salvation Army, however, has not been able to
register as a religious denomination because it does not meet
the requirement of having a Moldovan citizen as the
organization's legal head.  It has also been unable to register
as a social organization.
The Jewish community, although small, remained very active in
1994.  Jewish leaders report that their relations with the
Government and local authorities are cooperative.  There were
no reports of organized anti-Semitic activities in 1994.  In
the Transdniester region, Jewish leaders complained about
anti-Semitic statements made during official celebrations of
the separatist "republic" by an alleged Serbian nun, who gave
strongly nationalist speeches.
    d.   Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no closed areas or restrictions on travel within
Moldova.  Moldovans generally were able to travel and emigrate
freely in 1994.  During the first part of the year while old
Soviet legislation was still in effect, exit visas were
required and routinely issued.  The requirement for exit visas
was lifted in July.  Restrictions on emigration remain in
force, however, including the requirement to gain the
permission of close relatives in order to emigrate.  The
Government may also deny permission to emigrate if the
applicant had access to state secrets.  New legislation, passed
in November, retained these emigration restrictions.  Such
cases, are, however, very rare, and none were reported in
1994.
Section 3                           Respect for Political
                                    Rights:  The Right of
                                    Citizens to Change Their
                                    Government
Moldova held its first multiparty parliamentary elections in
February.  International monitors from CSCE member countries
observing the elections deemed them generally free and fair.
Some observers, however, noted several problem areas, including
unequal access to the media and the use of state resources by
the dominant party.
The elections were based on straight proportional
representation, with a 4-percent threshold for entry into
Parliament.  Four parties or blocs entered Parliament.  The
Democratic Agrarian Party, the largest bloc in the former
Parliament, won 56 of the 104 seats.  A coalition of the
Socialist Party and a minority rights organization called
Edinstvo (Unity) won 28 seats.  The other seats are held by two
groups--the Peasants and Intellectuals Bloc and the Christian
Democratic Popular Front--which emphasize the importance of
increased use of the Romanian language in public life, closer
economic and cultural ties with Romania, and increased
privatization of agricultural land.  Some members of these
groups advocate reunification with neighboring Romania.
The new Constitution provides for the division of power between
the popularly elected President, the Cabinet, Parliament, and
the judiciary.  The President, as Head of State, in
consultation with the Parliament appoints the Cabinet and the
Prime Minister, who functions as the Head of Government.  Most
of the mechanisms for manifesting this division of power,
however, remained untried by year's end.  Parliamentary
elections are scheduled every 4 years, as are presidential
elections.
The new Constitution states that citizens are free to form
parties and other social-political organizations.  A
controversial article states, however, that those organizations
that "militate against political pluralism, the principles of
the rule of law, or of the sovereignty, independence, and
territorial integrity of the Republic of Moldova, are
unconstitutional."  Opposition parties, some of which favor
rapid or eventual reunification with neighboring Romania, have
charged that this provision is intended to impede their
political activities.  In September the prosecutor's office
suggested to the Ministry of Justice the "suspension" of the
activities of several parties until they brought their
platforms into line with the Constitution.  In particular, the
prosecutor stated that the position of the Popular Front in
support of reunification was anticonstitutional, as was the
alleged support of the Unity party for the federalization of
Moldova.  The Ministry of Justice rejected this view, and the
authorities took no further action in 1994.
The government press has also strongly criticized opposition
parties for campaigning in favor of amendments to the new
Constitution, particularly provisions identifying the local
language as "Moldovan" rather than "Romanian" and those
permitting the grant of special status to the separatist
regions.  These parties continue to collect signatures to force
a vote on their proposed amendments.
There are a small number of female representatives in
Parliament.  The Association of Moldovan Women, a
social-political organization, competed in the elections but
received less than 3 percent of the vote.  Russian, Ukrainian,
Bulgarian, and Gagauz minorities are represented in Parliament;
debate takes place in either the Romanian/Moldovan or Russian
language, with translation provided.  There are no restrictions
in law or practice barring the participation of women or
minorities in political life.  However, the increasing use of
Romanian/Moldovan in official settings may present an obstacle
to those members of minorities who do not speak the state
language, and women are generally not well represented in
leading positions of political parties.  Women hold 5 of the
104 parliamentary seats.
Section 4                           Governmental Attitude
                                    Regarding International and
                                    Nongovernmental
                                    Investigation of Alleged
                                    Violations of Human Rights
Several local human rights groups exist in Moldova.  The local
Helsinki Watch organization maintains contacts with
international human rights organizations, as does the Helsinki
Citizens Assembly, whose president is the chairman of the
parliamentary Human Rights Commission and leader of the
minority rights movement Unity.  Human rights groups operate
without government interference.
The Government welcomed and supported the work of the CSCE,
which has a mission in the country to assist with finding a
resolution for the separatist conflict.  The Transdniester
separatist authorities stated that they will cooperate with the
CSCE mission.  However, after almost a year of negotiations,
they continued to refuse to permit CSCE representatives to
participate in all meetings of the tripartite commission
(Russian, Moldovan, Transdniester) which reviews violations of
the cease-fire agreement.  They did, however, agree to permit
the CSCE to participate in about half the meetings, and they
allowed the mission improved access to the "security zone"
along the river dividing the separatist-controlled territory
from the rest of Moldova.
Moldova has cooperated with the ICRC in the past, permitting
visits to prisoners from the 1992 conflict (since released).
MOLDOVA2
,TITLE:  MOLDOVA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5                           Discrimination Based on
                                    Race, Sex, Religion,
                                    Disability, Language, or
                                    Social Status
    Women
The law provides that women shall be equal to men before the
law and public authorities.  They are generally
underrepresented in government and leadership positions,
however, and, according to statistics, have been
disproportionately affected by growing unemployment.
Women who suffer physical abuse by their husbands have the
right to press charges; husbands convicted of such abuse may
receive prison sentences (up to 6 months is not uncommon).
Public awareness of the problem of violence in families
generally is not very high, and no special government programs
exist to combat spouse abuse.  According to knowledgeable
sources, women do not generally appeal to police or the courts
for protection against abusive spouses because they are
embarrassed to do so.  Police generally do not consider spouse
abuse a serious crime, although, when cases do reach a court,
they appear to be treated seriously.  Women and legal
authorities do not identify spouse abuse as a common problem.
    Children
Moldova has extensive legislation designed to protect children,
including extended paid maternity leave and government
supplementary payments for families with many children.  The
health system devotes extensive resources to child care.  No
special problems with child abuse came to light in 1994.
    National/Racial/Ethnic Minorities
Moldova has a population of about 4.3 million, of which 65
percent are ethnic Romanian Moldovans.  Ukrainians (14 percent)
and Russians (13 percent) are the two largest minorities.  A
Christian Turkic minority, the Gagauz, lives primarily in the
southern regions.  They are largely Russian-speaking and
represent about 3.5 percent of the population.
Moldova's citizenship law, adopted in 1990, offered an equal
opportunity to all persons resident in Moldova at the time of
independence to adopt Moldovan citizenship.  The CSCE's Office
of Democratic Initiatives and Human Rights praised the law as
being very liberal.  The law permits dual citizenship on the
basis of a bilateral agreement, but no such agreements were in
effect in 1994.
Several steps taken in 1994 led to an improvement in the
relations between Romanian/Moldovan and Russian speakers.  In
March citizens participated in a "public opinion survey"
(actually, a referendum) in which they overwhelmingly voted in
favor of Moldovan independence.  This quieted fears expressed
by the Russian-speaking population regarding reunification with
Romania, an alternative which is favored by a small minority of
Moldovan citizens.
The new Parliament voted to delay the implementation of the
language testing foreseen in the language law of 1989 and due
to begin in 1994.  The principle inherent in the language law
is that, in dealing with any official or commercial entity, the
citizen should be able to pick the language to use.  Officials
are therefore obligated to know Russian and Romanian/Moldovan
"to the degree necessary to fulfill their professional
obligations."  Since many Russian-speakers do not speak
Romanian/Moldovan (while all educated Moldovans speak both
languages), they argued for a delay in the implementation of
the law to permit more time to learn the language.  Parliament
also decided to review the procedures for testing and the
categories of individuals to be tested.  The new Constitution
guarantees the rights of parents to choose the language of
instruction for their children.
These changes, combined with increased efforts on the part of
the new Parliament and Government to improve interethnic
relations, led to an easing of tensions in 1994.
In the separatist region, however, discrimination against
Romanian/Moldovan-speakers increased.  The regime continued its
insistence that all Moldovan schools in the region use the
Cyrillic alphabet only.  (The Cyrillic script was used in
Moldova until 1989, since "Moldovan" during the Soviet era was
officially decreed to be a different language than Romanian,
which is written in the Latin alphabet.  The 1989 language law
reinstituted the use of the Latin script.)  Many teachers,
parents, and students have objected to returning to the
Cyrillic script.  They believe it disadvantages the children,
who are less competitive for higher education opportunities in
the rest of Moldova or even Romania.  They further object since
it is a return to one of the more oppressive and despised
policies of the pre-Gorbachev era.  There were several student
strikes against the policy.  Some teachers have reportedly been
threatened, and the regime has applied considerable pressure on
the schools.  In response to actions by parents and teachers,
who blocked railroad tracks in Benderi (Tighina) to protest the
imposition of the Cyrillic alphabet, the separatist leaders
made some concessions on this issue.
    People with Disabilities
While there is no legal discrimination against people with
disabilities, there are no laws providing for accessibility for
them, and there are few government resources devoted to
training people with disabilities.  The Government does provide
tax advantages to charitable groups that assist the disabled.
Section 6                           Worker Rights
    a.   The Right of Association
The 1990 Soviet law on trade unions, which was endorsed by
Moldova's then Supreme Soviet and is still in effect, provides
for independent trade unions.  Moldovan laws passed in 1989 and
1991, which give citizens the right to form all kinds of social
organizations, also provide a legal basis for the formation of
independent unions.  The new Constitution further declares that
any employee may found a union or join a union which defends
his interests.  However, there have been no known attempts to
establish alternate trade union structures independent of the
successor to the previously existing official organizations
which were part of the Soviet trade union system.
The successor organization is the Federation of Independent
Trade Unions (FITU).  FITU's continuing role in managing the
state insurance system and its retention of previously existing
official union headquarters and vacation facilities provide an
inherent advantage over any newcomers who might wish to form a
union outside its structure.  However, its industrial or branch
unions are becoming more independent entities; they maintain
that their membership in FITU is voluntary and that they can
withdraw if they wish.  Virtually all employed adults are
members of a union.
FITU has insisted on the right to have union representatives
involved in the negotiations to set wages.  It opposed
government measures to raise prices before back salaries were
paid.  In the parliamentary elections in February, several high
union officials endorsed the small opposition Social Democratic
Party and ran for Parliament on that ticket.  Some of the
member unions protested this decision, stating that they did
not support the Social Democratic Party and did not believe the
unions should support any party.  These steps indicate that
FITU has begun to play a role independent of the Government and
the governing party.
Government workers do not have the right to strike, nor do
those in essential services such as health care and energy.
Other unions may strike if two-thirds of the members vote for a
strike in a secret ballot.  There were several very small-scale
labor actions in 1994 for payment of back wages, including
brief strikes by teachers at a police academy and employees of
a cement plant.  Very high hidden unemployment and rising open
unemployment made workers concerned primarily about job
security.
Unions may affiliate and maintain contacts with international
organizations.
    b.   The Right to Organize and Bargain Collectively
Moldovan law, which is still based on former Soviet
legislation, provides for collective bargaining rights.
However, wages are set through a tripartite negotiation process
involving government, management, and unions.  On the national
level, the three parties meet and negotiate national minimum
wages for all categories of workers.  Then, each of the branch
unions representing a particular industry negotiates with
management and the government ministries responsible for that
industry.  They may set wages higher than the minimum set on
the national level and often do, especially if the industry in
question is more profitable than average.  Finally, on the
enterprise level, union and management representatives
negotiate directly on wages.  Again, they may set wages higher
than negotiators on the previous level.  In 1994 bargaining on
the national agreement was not completed until July, since
management insisted on delaying negotiations until the new
Government was in place after the February elections.
There were no reports of actions taken against union members
for union activities.  The 1990 Soviet law on trade unions
provides that union leaders may not be fired from their jobs
while in leadership positions or for a period after they leave
those positions.  This law has not been tested in Moldova.
There are no export processing zones.
    c.   Prohibition of Forced or Compulsory Labor
Article 44 of the new Constitution prohibits forced labor.  No
instances of forced labor were reported.
    d.   Minimum Age for Employment of Children
The minimum age for employment under unrestricted conditions is
18 years.  Employment of those aged 16 to 18 is permitted under
special conditions, including shorter workdays, no night
shifts, and longer vacations.  The Ministry of Labor and Social
Protection is primarily responsible for enforcing these
restrictions, and the Ministry of Health also has a role.
Child labor is not used in Moldovan industry, though children
living on farms do sometimes assist in the agricultural sector.
    e.   Acceptable Conditions of Work
The minimum monthly wage of $3.50 (13.5 Moldovan lei) was
raised to $4.50 (18 Moldovan lei) in July 1994.  The average
wage of $20.25 (81 Moldovan lei) does not provide a decent
standard of living for a worker and family.  The new
Constitution sets the maximum workweek at 40 hours, and the
Labor Code provides for at least 1 day off per week.  Due to
severe budgetary constraints, the Government and enterprises
often did not meet the payroll for employees in 1994.
The State is required to set and check safety standards in the
workplace.  The unions within FITU also have inspection
personnel who have a right to stop work in the factory or fine
the enterprise if safety standards are not met.  Further,
workers have the right to refuse to work but may continue to
draw their salaries if working conditions represent a serious
threat to their health.  In practice, however, the declining
economic situation has led enterprises to economize on safety
equipment and generally to show less concern for worker safety
issues.  Workers often do not know their rights in this area.
MONACO1
-TITLE:  MONACO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             MONACO
Monaco is a constitutional monarchy in which the sovereign
Prince plays a leading role in governing the country.  The
Prince appoints the four-member Government, headed by a
Minister of State chosen by the Prince from a list of
candidates proposed by France.  The other three members are
Counselors for the Interior (who is usually French), for Public
Works and Social Affairs, and for Finance and the Economy.
Each is responsible to the Prince.  Legislative power is shared
between the Prince and the popularly elected 18-member National
Council.  There are in addition three consultative bodies,
whose members are appointed by the Prince:  the 7-member Crown
Council; 12-member Council of State; and 30-member Economic
Council, which includes representatives of employers and the
trade unions.
In addition to the national police force, the "Carabiniers du
Prince" carry out security functions.  Both forces are
controlled by government officials.
The principal economic activities in Monaco are services and
banking, light manufacturing, and tourism.
Individual human rights are provided for in the Constitution
and respected in practice.  The Constitution distinguishes
between those rights that are guaranteed for all residents and
those that apply only to the 5,000 who hold Monegasque
nationality.  The latter enjoy free education, financial
assistance in case of unemployment or illness, and the right to
vote and hold elective office.  Women traditionally have played
a less active role than men in public life, but this is
changing; women currently hold both elective and appointive
offices.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits such practices.  The authorities
respect this prohibition.  There were no reports of violations.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution bars arbitrary arrest.  Arrest warrants are
required, except when the detainee is arrested while committing
an offense.  The police must bring the detainee before a judge
within 24 hours to be informed of the charges and of detainees'
rights under the law.  Most detainees are released without
bail, but the investigating magistrate may order detention on
grounds that the suspect might either flee or tamper with the
investigation of the case.  The magistrate may extend the
initial 2-month detention for additional 2-month periods,
indefinitely.  Detainees have the right to counsel, at public
expense if necessary.  They have ready access to attorneys.
The magistrate may permit family members to see the detainee.
     e.  Denial of Fair Public Trial
Under the 1962 Constitution, the Prince delegated his judicial
powers to an independent judiciary.  The law provides for fair,
public trial, and the authorities respect these provisions.
The defendant has the right to be present and the right to
counsel, at public expense if necessary.  As under French law,
a three-judge tribunal considers the evidence amassed by the
investigating magistrate and hears the arguments presented by
the prosecuting and defense attorneys.  The defendant enjoys a
presumption of innocence and the right of appeal.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The individual's right of privacy in personal and family life,
at home, and in correspondence is guaranteed by the
Constitution and respected in practice.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and the Press
Freedom of expression is guaranteed.  The Monegasque Penal
Code, however, prohibits public denunciations of the ruling
family.  Several local periodicals are published in Monaco.
Foreign newspapers and magazines circulate freely, including
French ones that specifically cover news in the Principality.
Foreign radio and television are received without restriction.
Stations that broadcast from the Principality operate in
accordance with French and Italian regulations.  Academic
freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution gives Monegasque nationals the rights of
peaceful assembly and association.  Outdoor meetings require
police authorization, which is not withheld for political or
arbitrary reasons.  Formal associations must be registered and
authorized by the Government.
     c.  Freedom of Religion
Roman Catholicism is the state religion.  Free practice of all
religions is guaranteed in law and respected in fact.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Residents of Monaco move freely within the country and across
its open borders with France.  Monegasque nationals enjoy the
rights of emigration and repatriation.  They can be deprived of
their nationality only for specified acts, including
naturalization in a foreign state.  Only the Prince can grant
or restore Monegasque nationality, but he is obliged by the
Constitution to consult the Crown Council on each case before
deciding.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The 1962 Constitution cannot be suspended, but it can be
revised by common agreement between the Prince and the National
Council.  The Prince plays an active role in government.  He
names the Minister of State (in effect, the Prime Minister)
from a list of names proposed by the French Government.  He
names as well the three Counselors of Government (of whom the
one responsible for the interior is usually a French
national).  Together the four compose the Government.  Each is
responsible to the Prince.
Only the Prince may initiate legislation, although the
18-member National Council may send proposals for legislation
to the Government.  All legislation and the adoption of the
budget require the Council's assent.  Elections, which are held
every 5 years, are based on universal adult suffrage and secret
balloting.  Two political parties are currently represented on
the Council.  There is one independent member.
The Constitution provides for three consultative bodies.  The
seven-member Crown Council (composed exclusively of Monegasque
nationals) must be consulted by the Prince regarding certain
questions of national importance.  He may choose to consult it
on other matters as well.  The 12-member Council of State
advises the Prince on proposed legislation and regulations.
The 30-member Economic Council advises the Government on
social, financial, and economic questions.  One-third of its
members come from lists proposed by the trade union movement,
and one-third from lists proposed by the employers' federation.
Women are active in public service.  The Mayor of Monaco and
one member of the National Council are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While the Government imposes no impediments to establishment or
operation of local groups devoted to monitoring human rights,
there are none.  There have been no requests from outside
groups to investigate human rights conditions in Monaco.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides that all Monegasque nationals are
equal before the law.  It differentiates between rights that
are accorded nationals (including preference in employment,
free education, and assistance to the ill or unemployed) and
those guaranteed to all residents (e.g., freedom of religion,
inviolability of the home).
     Women
Women are fairly well represented in the professions; e.g.,
they constitute 6 of Monaco's 18 lawyers (including a former
president of the bar), 5 of 42 physicians, and 8 of 26
dentists.  Women are less well represented in the business
world.  The law governing transmission of citizenship provides
for equality of treatment between men and women who are
Monegasque by birth.  However, women who acquire Monegasque
nationality by naturalization cannot transmit it to their
children, whereas naturalized male citizens can.  Reported
instances of violence against women are rare.  Marital violence
is strictly prohibited, and any woman who is a victim of it may
bring criminal charges against her husband.
     Children
There is no particular pattern of abuse of children.
     People with Disabilities
The Government has mandated that public buildings provide for
access for the disabled, and this has been largely
accomplished.
Section 6  Worker Rights
     a.  The Right of Association
Workers have been free to form unions since the end of World
War II.  Fewer than 10 percent of workers belong to unions, and
relatively few of these reside in the Principality.  Unions are
independent of both the Government and the Monegasque political
parties.  The Monegasque Confederation of Unions is not
affiliated with any larger labor organization.
The Constitution specifies that workers enjoy the right to
strike in conformity with relevant legislation.  Government
workers, however, may not strike.  No strikes of major
consequence occurred in 1994.
     b.  The Right to Organize and Bargain Collectively
The law provides for the free exercise of union activity.
Workers are guaranteed by law the same wages as are received by
comparable workers in the neighboring area of France plus 5
percent.  They are free to negotiate higher wages with their
employers if they can.  Agreements on working conditions are
negotiated between organizations representing employers in a
given sector of the economy and the respective union.
Antiunion discrimination is prohibited.  Union representatives
can be fired only with the agreement of a commission that
includes two members from the employers' association and two
from the labor movement.  Allegations that an employee has been
fired for union activity may be brought before the Labor Court,
which can order redress such as the payment of damages with
interest.
     c.  Prohibition of Forced or Compulsory Labor
Such practices are outlawed and do not occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16 years.  Special
restrictions apply to the hiring, work-times, and other
conditions of workers aged 16 to 18.
     e.  Acceptable Conditions of Work
The legal minimum wage for full-time work is $1,202 (6,309
French francs) per month, which corresponds to the French
minimum plus 5 percent.  Most workers receive more than the
minimum.  The legal workweek is 39 hours.  Health and safety
standards are fixed by law and government decree.  These
standards are enforced by health and safety committees in the
workplace and by the government Labor Inspector.
MONGOLIA1
YTITLE: MONGOLIA HUMAN RIGHTS PRACATICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            MONGOLIA
During 1994 Mongolia showed steady--if sometimes
uneven--progress in its transition from a highly centralized
Communist-led state toward a full-fledged multiparty
democracy.  The Mongolian People's Revolutionary Party (MPRP),
the lineal descendent of the former ruling Communist party,
dominates the unicameral legislature.  In 1992 parliamentary
elections, the MPRP garnered 71 of the 76 seats in the State
Great Hural (SGH), even though opposition parties received over
40 percent of the popular vote.  Owing to this imbalance, a
lingering sense of disenfranchisement continues among the
political opposition.  The Prime Minister is nominated by the
President and approved by the SGH.  The President and Prime
Minister together nominate cabinet officers, who must also
receive SGH approval.
Security forces remain under civilian control.  The Mongolian
military continued its downsizing in 1994.  The newly named and
reorganized Mongolian Central Intelligence Agency (MCIA) is
responsible for internal security.  Its head has ministerial
status and reports directly to the Prime Minister.  There were
no reports of human rights abuses by the MCIA during the year.
The economy continued to progress steadily, if unevenly.
Despite increasing industrialization and urbanization, a large
portion of the population is still engaged in agriculture, with
an emphasis on livestock raising and related light industry.
After decades of nearly total dependency on the former Soviet
Union, Mongolia is increasing its trade with other countries
and making the difficult transition to a market economy.  The
new Constitution lays the groundwork for this transition by
establishing the right to private property and to conduct
private commercial activity.  A shortage of capital and a
slowdown in economic growth constrained reform efforts.
The human rights record remains generally good.  Human rights
problems included the lack of laws to codify human rights
provisions contained in the Constitution, occasional violence
against prisoners and detainees by security forces, lack of
access to defense attorneys for pretrial detainees, monitoring
of telephone lines by security forces, some limitations on
access to government-owned media, and violence against women.
A short, bitter strike at a major joint venture textile company
emphasized the still problematic status of labor law in this
rapidly changing country, the necessity for clarifying workers'
rights, and the need for new industrial safety legislation.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of politically motivated abductions or
disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution forbids these abuses.  However, there were
credible reports that police and prison officials sometimes
beat and otherwise physically abuse prisoners and detainees.
Mongolian detention facilities are Spartan, and conditions in
them--including insufficient food and heating--may on occasion
pose a threat to the health of detainees.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides that no person shall be searched,
arrested, detained, or deprived of liberty except by law, but
these protections have not been codified.  Under the Legal
Code, police may arrest those caught committing a crime and
hold them for up to 72 hours without a warrant.  A warrant must
be issued by a prosecutor for incarceration of longer duration,
or when the actual crime was not witnessed.  A detainee has no
statutory right under the current Code to see an attorney, and
defense attorneys are routinely denied access to their clients
before trial.
     e.  Denial of Fair Public Trial
The courts system consists of local ("people's") courts,
provincial courts, a Constitutional Court, and the Supreme
Court.  The courts are independent, and there is no evidence
that they discriminate against any group or that decisions are
made for political reasons.
The Supreme Court is at the apex of the judicial system; its
members, appointed for 4-year terms, hear appeals from lower
courts.  The local courts hear mostly routine criminal and
civil cases; provincial courts hear the more serious cases,
including those of murder, rape, and grand larceny, and also
serve as the appeals court for local court decisions.  The
President nominates, and the SGH approves, justices to the
Supreme Court for 4-year terms.  Lower court judges are chosen
by the Chief Justice of the Supreme Court, based on the
recommendation of the members of the Supreme Court, for 4-year
terms also.
All accused persons are guaranteed due process, legal defense,
and a public trial, although closed proceedings are permitted
in cases involving crimes against the State, rape cases
involving minors, and particularly brutal murders.
The Constitutional Court has sole jurisdiction in matters
involving constitutional issues, and in corruption and other
criminal charges levied against high government officials.  In
late summer, after a lengthy investigation the court charged
well-known opposition Member of Parliament Elbegdorj with
having revealed state secrets in a public speech.  Elbegdorj
was acquitted of all charges in a 1-day closed trial.  Both he
and some of his supporters contend that the charges and
subsequent trial constituted harassment for his political views.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides that the State shall not interfere
with the private beliefs and actions of citizens, and this is
generally respected.  The head of the MCIA may, with the
knowledge and consent of the Prime Minister, direct the
monitoring and recording of telephone conversations.  The
extent of such monitoring is unknown.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for the rights of freedom of speech
and expression, and the Government generally respects them.
A growing range of newspapers and other publications represent
major political party viewpoints as well as independent views.
Although in the past the Government controlled access to
newsprint, all newspapers now buy newsprint directly from
private suppliers, and neither party-affiliated nor independent
media report difficulty securing an adequate supply.  The
Government now plays no role in the allocation of newsprint.
Due to transportation difficulties, uneven postal service, and
the fluctuations in the amount of newsprint available, however,
in outlying regions access to publications is somewhat
restricted.
In April, after several months of charges and countercharges of
corruption by both opposition and progovernment forces, the
Mongolian Democratic Union (MDU) called for a hunger strike in
Ulaanbaatar's central square.  Reminiscent of a similar MDU
action that had helped spark the prodemocracy movement in 1990,
the 2-week action drew the support of several opposition
political parties and others concerned about basic social and
economic issues.  President Ochirbat helped mediate an end to
the strike with a promise to introduce new legislation
codifying the constitutional right of free expression.  The
strike and a counterstrike by government supporters, ended when
the three parties represented in Parliament agreed to discuss
new legislation dealing with press freedom and the rights of
assembly.  As the year ended, such legislation was still in the
drafting stage.
There is a single, government-financed television station with
countrywide reception, as well as several radio stations.  The
latter are particularly important as the major sources of
current news in the countryside.  Government-financed
television and radio stations report both opposition and
government views.  In response to a 1993 threat by opposition
political forces to leave the Hural (Parliament), the
Government briefly granted opposition parties limited access to
both broadcast and print media.  Revocation of this access was
one of the factors leading to the 2-week-long hunger strike
discussed above.
Academic freedom is evident, although there continues to be a
shortage of teaching materials.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for peaceful assembly and
association, and this is generally respected in practice.  An
additional cause of the April hunger strike, however, was the
first reported denial of a meeting permit by police forces,
whichopposition forces claimed was made on political grounds.
The President promised to introduce legislation delineating
these rights, and clarified that the permit process is a public
order and safety measure, not a means of controlling the
expression of political criticism.  By year's end, no
legislation had been passed.
     c.  Freedom of Religion
The Constitution provides only for the right both to worship
and not to worship and explicitly recognizes the separation of
church and state.
However, the Constitution's provision for regulation of church
and state relations led to the passage in late 1993 of a law
that appeared to make distinctions between the three
"traditional" Mongolian belief systems--i.e., Buddhism, Islam,
and Shamanism--and all others.  The three most discriminatory
provisions of the law were struck down by the Constitutional
Court in January.  The decision left intact several provisions
which could lead to abuse of the freedom of religion.  The most
controversial are the provision that allows the State to
supervise and limit, if it desires to do so, the number of
priests, monks, and other religious authorities, as well as the
locations of individual religious establishments, and the
provision  recognizing the "predominant" or "preeminent" place
of Buddhism in Mongolia.  The law prohibits the use of
state-owned buildings for religious purposes in a country where
most buildings are state owned.  Nevertheless, since the
decision, several Christian churches have successfully
registered and found places to worship.  Except for a single,
unconfirmed charge of discrimination levied by one
congregation, there is no credible evidence that the Government
has used this law or any other to limit or interfere with
religious freedom.  Proselytizing is allowed, although a
Ministry of Education directive bans the mixing of foreign
language or other training with religious teaching or
instruction.  Contacts with coreligionists outside the country
are allowed.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens move freely within the country and may change their
workplace and residence without government restriction.  The
Government does not arbitrarily restrict travel abroad.  There
have been no reports of forced expulsion of those having a
valid claim to refugee status.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides citizens the right to change their
government through periodic, free elections via secret ballot,
with universal suffrage.  However, as noted above, the
plurality-takes-all election law, combined with a multiplicity
of candidates in each constituency, led to an overwhelming MPRP
victory in the 1992 elections.  The MPRP, the successor party
to the Communist party that controlled political life in
Mongolia for 70 years, dominates a unicameral chamber (70 of 76
seats), even though opposition party candidates won more than
40 percent of the popular vote.  They have consistently
complained that the current SGH composition does not reflect
the will of the electorate.
Several new political parties were formed in 1994, bringing the
recognized total to 19.
There are no legal impediments to the participation of women in
government and politics, but they are underrepresented in the
highest levels of government and the judiciary.  Although there
are significant numbers of women in various midlevel ministry
positions, there are no women in the Cabinet or in either the
Supreme or Constitutional Courts, and only three in the
legislature.  Underrepresentation of women at the highest
levels of government and the professions has several causes,
including tradition and some degree of discrimination by the
virtually all-male web of leadership.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
In late 1994 the Human Rights Committee, which was founded in
1990, merged with two smaller human rights groups to become a
local affiliate of Amnesty International.  They continued to
operate without government restriction.
The Government welcomed visits by representatives of several
international human rights organizations, and a representative
of the International Committee of the Red Cross is resident in
Mongolia.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that "...no person shall be
discriminated against on the basis of ethnic origin, language,
race, age, sex, social origin, or status" and that "men and
women shall be equal in political, economic, social, cultural
fields, and family affairs."
     Women
Women comprise about half the work force, and a significant
number are the primary earners for their families.  By law and
practice, women receive equal pay for equal work and have equal
access to education.  They comprise a majority of the work
force in the legal and medical professions and are well
represented in middle-level management of government,
education, and research institutions.  Growing numbers of women
are involved in the creation and management of private
companies such as trading and manufacturing.  Women are,
however, almost totally absent from the highest ranks of
government and the professions.
There is growing public discussion of domestic violence,
including spousal and child abuse, after many years of
government and societal denial.  The large economic and
societal changes under way have created new stresses on the
family, including loss of jobs, inflation, and lowered spending
for social and educational programs.  These factors, coupled
with the serious problems caused by extremely high rates of
alcohol abuse, have led to increased instances of abuse and
abandonment and added to the ranks of single-parent families,
most of which are headed by women.  There is no known police or
government intervention in cases involving violence against
women beyond prosecution under existing assault laws when
formal charges are filed.
     Children
Increased stress on the family structure and in society has had
direct effects on many children.  There are growing numbers of
infants and small children orphaned by maternal deaths and
desertion, and in the major urban centers, particularly
Ulaanbaatar, growing numbers of street children.  The
Government is committed in principle to children's rights and
welfare, but lacks the resources to go beyond minimal support
for shelters and programs which require additional private
donations to operate.  The few orphanages and shelters are hard
pressed to accommodate all the children who need temporary or
permanent placement and to raise sufficient funds from
government and private sources to sustain their activities.  It
appears difficult for many Mongolians--reared in a culture that
values children and in which extended families and multiple
caregivers have always been the rule--to recognize or admit the
gravity of this relatively new problem.
     People with Disabilities
People with disabilities receive government benefits according
to the nature and severity of the disability; those who have
been injured in industrial accidents have the right to be
reemployed when ready to resume work.  The Government also
provides tax benefits to enterprises which hire the disabled,
and some firms do so exclusively.  There is no government
legislation mandating access for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution entitles all workers to form or join union and
professional organizations of their own choosing.  Union
officials estimate that the combined membership in all unions
now totals over 470,000, close to half of the work force.
During 1994 there was a government-mandated registration of all
workers' organizations, and almost 600 separate unions were
recognized.  Most of these are affiliated with the Mongolian
Trade Unions Confederation (MTUC), formerly a part of the MPRP,
but now officially separate.  The newer Association of Free
Trades Unions (AFTU) has a growing number of affiliates.  Both
organizations are developing contacts with international labor
organizations and confederations in other countries.
Membership figures may be rather unreliable as many companies
and institutions undergo privatization and restructuring and as
many workers change occupations.  There are no arbitrary
restrictions on who may be a union official; such officers are
elected by secret ballot.
Union members, with the exceptions of civil servants and
employees in essential services, have the right to strike.  The
Government defines essential services as those critical for
national defense and safety, including police, employees of
power plants, water works, public transportation, public
communications, and certain railway employees.  Articles 6 and
7 of the Law of Labor Conflict Resolution state that the court
can punish organizers if it finds the strike was illegal
because either the industry was an essential service or there
was "insufficient cause" for the strike.  A strike at a major
joint venture textile company ended in a court ruling that
failed to clarify this provision or other aspects of the
country's labor code.
     b.  The Right to Organize and Bargain Collectively
Amendments to the existing Labor Law passed in 1993 provide for
collective bargaining, but its current application remains
unclear.  In theory, wage levels and other employment issues
are decided in tripartite contract negotiations between
employer, union, and government representatives; the
Government's role is limited to ensuring that the contract
meets legal requirements as to hours and conditions of work.
In practice, wages and other conditions of employment still are
set mainly by the employer whether that employer is a private
firm or the Government.  Most industrial concerns have now been
privatized, although the Government still controls some major
infrastructure enterprises, including mines and the
communications system.
There are no export processing zones in Mongolia.
     c.  Prohibition of Forced or Compulsory Labor
The law specifically prohibits forced or compulsory labor.
However, virtually all of the military forces are required to
help with the fall harvest.
     d.  Minimum Age for Employment of Children
The law prohibits children under the age of 16 from working,
although those age 14 and 15 may do so with parental consent.
Those under 18 years of age may not work at night, engage in
arduous work, or work in dangerous occupations, such as mining
and construction.  Enforcement of these prohibitions, as well
as all other labor regulations, is the responsibility of state
labor inspectors assigned to regional and local offices.  These
inspectors have the authority to order and, reportedly, compel
immediate compliance with labor legislation.  Enforcement is
limited due to the small number of labor inspectors who must
monitor a growing number of small enterprises.
A significant number of children continue to leave school early
to work, both in the cities and in the countryside.  In rural
areas, this appears to be partly attributable to the closure of
some schools and a growing shortage of teachers; the children
often leave to help care for newly privatized herds.
     e.  Acceptable Conditions of Work
In September the minimum wage was raised to about $0.12 (33
tugriks) per hour, or approximately $25.00 a month.  This level
applies to public sector employees only, and it is enforced by
the Ministry of Population Policy and Labor.  However, this is
the lowest wage for manual labor, such as janitorial work, and
virtually all civil servants make more than this amount.  Those
employed in private businesses generally earn considerably
more.  The minimum wage alone is insufficient to provide a
decent standard of living for a worker and his family.
Labor law sets the standard legal workweek at 46 hours and
establishes a minimum rest period of 42 hours between
workweeks.  For those under 18 years of age, the workweek is 36
hours, and overtime work is not allowed.  Time off is given
equal to the number of overtime hours worked or, by law,
compensated at double the standard hourly rate.  Pregnant women
and nursing mothers are prohibited by law from working
overtime.
Laws on labor, cooperatives, and enterprises set occupational
health and safety standards, and the Ministry of Population
Policy and Labor provides enforcement.  According to the Labor
Law, workers have the right to remove themselves from dangerous
work situations and still retain their jobs.  Mongolia's near
total reliance on outmoded machinery and continuing problems
with management and maintenance lead to frequent industrial
accidents, particularly in the mining, power, and construction
sectors.  Effective enforcement of existing occupational health
and safety standards is difficult because the Labor Ministry
has only 37 full-time inspectors to cover all firms, including
a growing number of small enterprises.  Some of the major
industrial sectors, however, have part-time inspectors.
MOROCCO1
qTITLE: MOROCCO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                            MOROCCO
The Constitution of Morocco provides that the country shall be
governed by constitutional monarchy with a representative
Parliament and an independent judiciary.  However, the ultimate
authority rests with the King, who retains the discretion to
terminate the tenure of any minister and dissolve Parliament to
rule by decree.  The current Parliament was formed in 1993 by a
two-stage process:  the election of 222 deputies by direct
universal suffrage and selection of the remaining 111 deputies
by labor organizations and other constituency groups.
International observers found the direct elections to be
generally fair with some irregularities.  However, the second
stage was marred by credible reports of widespread manipulation
and fraud.  When three major political parties refused to
participate in the Government without a far-reaching shift in
power in favor of the Parliament, the King appointed a
government of technocrats who, with minor changes, remained in
office in 1994.
The security apparatus comprises several overlapping police and
paramilitary organizations.  The Direction de la Surveillance
du Territoire, Surete Nationale, and the judicial police are
departments of the Ministry of Interior and Information.  The
Gendarmerie Royale reports directly to the royal palace.
Security force abuses continued in 1994, especially in cases
involving perceived threats to state security.
Morocco's mixed economy is based on agriculture, fishing, light
industry, phosphate mining, tourism, and remittances from
overseas workers, with illegal cannabis production a
significant factor.  Since the early 1980's, the Government has
pursued an economic reform program that has contributed to
generally strong economic growth, low inflation, and low fiscal
and external deficits.  The Government has embarked on a
program of privatizing state-owned enterprises.
In 1994 the Government made substantial progress on several
human rights fronts.  The King granted amnesty to 424 political
prisoners; the Government began paying stipends to former
inmates who survived incarceration at the notorious Tazmamart
Prison; a 1934 law allowing the imprisonment of political
opponents was abrogated; incidents of press censorship
decreased; and the Deputy Ministry for Human Rights expanded
its operations and continued dialogs with local and
international human rights groups.
However, several basic human rights problems remained
unaddressed.  Credible reports indicate that security forces
frequently abused detainees and prisoners and caused the deaths
of three persons in custody; state agents responsible for past
and present human rights abuses were not held accountable by
the weak and malleable judiciary or even subject to public
investigation; many persons remain in prison for advocating
independence for the Western Sahara; many young girls remain
subject to exploitative domestic servitude; and the Government
failed to make significant reforms in the manipulation-prone
electoral system and continued to suspend the right to due
process and freedom of speech and association.
The ubiquitous nature of the Ministry of Interior and
Information means that virtually all allegations of
governmental human rights abuse involve its employees.  The
Ministry is responsible for authorizing associations and
political parties; the conduct of elections, including
cooperation with the United Nations in a referendum on the
status of the Western Sahara; the oversight of the private
press and publication of the official news agency releases; the
direction of most security forces; the appointment and training
of many local officials; the allocation of local and regional
budgets; and the oversight of university campuses.  Less
formally, the Ministry exerts substantial pressure on the
judicial system.  In February comments to Parliament,
reiterated in November, the Minister of Interior made clear
that Ministry employees will not be held to answer for
allegations of abuse brought by Parliament, other ministries,
or nongovernmental organizations (NGO's).
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Three deaths of persons in police custody may be reasonably
attributed to security force brutality.  On August 4, officers
of the Surete Nationale in Khouribga, 75 miles southeast of
Casablanca, arrested Siman Bouchta for selling produce without
a permit.  A few hours later, Bouchta was rushed to a hospital,
reportedly for treatment of profuse bleeding, and he died
shortly thereafter.  His family has refused to accept his body
without the performance of an autopsy.  Requests for further
information by nongovernmental human rights organizations have
elicited no response from Moroccan authorities.
According to witnesses, four police officers in Rabat beat
Zerzouri Younes about the head in front of his parents' home on
August 13.  He died of his injuries after 4 days of
hospitalization.  Younes had no known political affiliations.
He was described in a communique issued by the Moroccan
Organization for Human Rights (OMDH) as emotionally unstable.
The police arrested Brahim Belfaqir in the city of Sale on
November 6 after his involvement in a fistfight.  He died in
police custody the next day.  Authorities ruled the death a
suicide, alleging that Belfaqir had taken an overdose of
medication, but Belfaqir's family denied that he took any such
medication.  Belfaqir was not known to be politically active.
An OMDH appeal to the Ministry of Justice failed to prompt a
public investigation.  In November the Minister of Interior
responded to a question in Parliament, submitted in writing by
a parliamentarian 2 weeks earlier, about Belfaqir's death.  The
Minister reportedly expressed surprise at the news of the death
and promised an investigation.  His response drew laughter from
the parliamentarians.  He has made no further comments on the
case.
In a fourth case, Mohammed Belqaidi, a former student activist
in Fes, died on October 27, reportedly as a consequence of a
general physical deterioration after receiving physical abuse
perpetrated by guards while serving a prison term from 1988 to
1993.  Belqaidi reportedly served his sentence in solitary
confinement.
A court proceeding brought by the family of Mustapha Hamzaoui,
a political activist who died in jail in 1993 under suspicious
circumstances, was postponed several times in 1994 and,
according to human rights groups, is unlikely to go to trial.
OMDH published a report in January that alleged 17 deaths took
place from 1989 to 1993 under circumstances that strongly
suggest the use of torture.  The Government has not conducted a
public inquest into any of these cases.
     b.  Disappearance
There were no reports of new disappearances.  In September the
Minister-Delegate for Human Rights announced that his office
had begun a review of 50 to 60 alleged disappearances, some
dating back several years.  He added that approximately 30 of
the dossiers presented strong prima facie cases of
disappearance.  At year's end, his office had not released any
results of this review.
Human rights organizations have published higher estimates of
the number of persons who disappeared permanently after last
being seen in the custody of security forces.  Many of the
additional disappeared persons are Sahrawis, the natives of
Western Sahara, who publicly advocated independence for that
territory.  The Government has never directly acknowledged that
Sahrawis have disappeared--even though it released some 300
Sahrawis in 1991 after periods of detention ranging up to 15
years.  However, the King expressly excluded Sahrawi
nationalists from the prisoner amnesty program announced in
July, thus indirectly acknowledging that some of them remain
imprisoned.
Rashid Benhayoun, a resident of the Casablanca suburb of
Mohamadia, disappeared on March 19 under circumstances
implicating a powerful local figure with strong associations
with the police.  This figure should be a prime suspect but
seems to have successfully prevailed upon police contacts to
quash any investigation.  In response to a request from OMDH,
the Minister of Justice publicly agreed to investigate the
disappearance.  This rare public statement from the Minister
was greeted enthusiastically by local human rights groups.  At
year's end, the Minister had not announced any further action.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although Morocco ratified the United Nations' Convention
Against Torture in 1993, security forces continued to subject
detainees to abuse--including the use of torture in cases
involving state security.  Reliable sources report that
Ministry of Interior interogation methods in state security
cases were modified in 1992.  The guidelines proscribe the use
of methods likely to leave visible marks or permanent
disabilities.  Hence, the most common methods include sleep
deprivation, the chemical inducement of vomiting fits, and
beatings under immobilizing restraint.
A detainee alleging police abuse must sign an application for
medical examination, naming the officers involved, and submit
it to the court.  Very few detainees take this step.  In a case
where evidence of abuse is strong, reliable reports suggest
that the police typically offer to drop the underlying charges
in exchange for a detainee's agreement to drop the allegation
of abuse.
In June a military tribunal tried several persons for smuggling
guns to Muslim fundamentalists in Algeria.  At trial, the
defendants moved to exclude their confessions from evidence as
having been obtained by torture.  The trial court and an
appeals court denied the motion without a hearing, despite
strong circumstantial evidence of abuse.
In May the authorities arrested seven teachers for
participating in a rally advocating teaching the Berber
language in public schools.  All detainees alleged they were
mistreated in detention and several, according to press
accounts, bore physical marks attributable to abuse.  Three
defendants were convicted of posing a "threat to the sanctity
of the State," but the court did not rule on the allegation of
abuse.
In cases that do not involve state security, witnesses report
that individual police officers abuse detainees with impunity
on an ad hoc basis.
Harsh treatment continues after conviction, especially for
prisoners serving sentences for state security crimes.  Several
political prisoners released in the July amnesty reported that
they suffered years of abuse from their guards, including
random assaults, deprivation of sleep, and prohibition of
family visits.  Prison guards have reportedly suspended inmates
against walls as punishment for violating some prison rules.
     d.  Arbitrary Arrest, Detention, or Exile
Prison conditions are harsh.  Eleven persons reportedly died in
a 6-month period in one Casablanca prison due either to
illnesses contracted from unhealthy conditions or lack of
medical care for preexisting conditions.  The Government,
citing budgetary restraints, has not substantially implemented
the reforms recommended by the Royal Consultative Council on
Human Rights (CCDH), an advisory body whose members are
handpicked by the King, regarding prison overcrowding, medical
care, and nutrition.  Prisoner hunger strikes, although fewer
in number in 1994, were common, especially among Islamist
prisoners.  In a display of openness, the Government granted
access by representatives of Amnesty International (AI) to its
prisons.
Legal provisions for due process have been revised extensively
in recent years, but the authorities frequently ignore them.
Although arrests usually take place in public, the police
sometimes refuse to identify themselves and do not always
obtain warrants.  The law requires that a detainee be brought
before a judge within 48 hours of arrest--extendable to 96
hours upon approval of the prosecutor--and informed of the
pending charges.  Incommunicado (garde-a-vue) detention is
limited to 48 hours, with a one-time 24-hour extension at the
prosecutor's discretion.
An accused person must be brought to trial within 2 months of
arrest, but prosecutors may order five additional extensions of
pretrial detention of 2 months each.  Detainees are denied
counsel during the initial period of detention when abuse is
most likely to take place.  Counsel is allowed only as of the
first cross-examination, but many cases are resolved without
cross examination.
Some members of the security forces, long accustomed to
indefinite precharge access to detainees, continue to resist
the new rules.  Lawyers are not always informed of the date of
detention and are thus unable to monitor compliance with the
garde-a-vue detention limits.  Although the trend towards
compliance with the rules continued in 1994, there were several
exceptions, especially in state security cases, the most
publicized of which involved the gun-running and Berber speech
cases (see Section 1.c.).
The law provides for a limited system of bail, but it is rarely
used.  Nevertheless, the courts sometimes release defendants on
their own recognizance.  The law does not provide for habeas
corpus or its equivalent.  Under a separate code of military
justice, military authorities may detain members of the
military without warrants or public trial.
In March the Minister-Delegate for Human Rights announced that
the Government had begun making payments of 5,000 dirhams
(about $550) per month to 28 former inmates who survived
incarceration at the notorious Tazmamart Prison.  He also
acknowledged that 30 other prisoners had died there.  In
November the Minister-Delegate announced that the Government
would issue death certificates to families of the deceased
prisoners.  All 58 former inmates had been sentenced, after
mass trials, as accomplices in attempts on the King's life in
1971 and 1972.  The typical member of the Tazmamart group was
convicted of passive involvement in the plots--those convicted
of active participation were executed--and sentenced to a
3-year prison term.  Notwithstanding those sentences, the
survivors each served 18 to 20 years in solitary confinement,
with a complete absence of sanitary facilities and medical
care.  The Government offered no information on the prisoners
to their families during their confinement, and even refused to
confirm the existence of the detainees.
The Government released the Tazmamart group without explanation
in 1991, on condition that they do not publicly discuss the
circumstances of their confinement.  The former inmates have
quietly sought redress with the assistance of Moroccan human
rights groups, particularly the Moroccan Association for Human
Rights (AMDH).  No government official has been accused of
misfeasance in connection with Tazmamart.  No public
investigation is underway nor is any known internal government
investigation.
In the June gun-running case (see Section 1.c), the authorities
placed several suspects in incommunicado detention.  They
surfaced in a Rabat jail weeks later, after charges were
brought.  At their trial, the defendants moved for dismissal of
the case for gross violation of the garde-a-vue detention
limits.  In contradiction to available evidence, the court
found that the fugitives had spent most of the time after their
disappearance--and before charges were brought--in flight from
the authorities.  It therefore ruled that the detention limits
were not exceeded.
The authorities held the defendants in the Berber language case
(see Section 1.c.) in garde-a-vue detention for more than 2
weeks.  Although the three convicted defendants received
reduced sentences on appeal and were released in the July
amnesty, the obvious violation of garde-a-vue limits was not
subject to court ruling.
By contrast, in investigating incidents of violent crime in
August, the authorities evidently observed the due process
rules.  The incidents included a shooting at a Marrakech hotel
which left two dead, and an attempted armored car holdup in
Casablanca.  In the aftermath of those events, police
discovered several weapons caches, and investigations in
foreign countries linked the suspects to terrorist groups
abroad.  Despite the national security implications of these
discoveries, no evidence of illegal detention or physical abuse
has surfaced.  In fact, one of the principal suspects, after
disparaging the judicial system in a court hearing, later
withdrew a request for foreign counsel, stating that he had
been treated fairly and represented professionally.
Abdessalem Yassine, leader of the banned Islamist organization
Justice and Charity, entered his fifth year of house arrest.
Aside from rare meetings with his lawyers and family members,
the authorities do not allow him to have visitors, nor have
they filed formal charges against him.  However, two members of
the CCDH publicly acknowledged the illegality of Yassine's
continued detention.  Neither the Ministry of Justice nor the
Deputy Ministry for Human Rights has initiated a review.
There are no known instances of government-imposed exile.  As
part of the 1994 amnesty, the Government indicated that any
citizen living abroad in self-imposed exile would be welcomed
to return after taking an oath that acknowledged the legitimacy
of the monarchy and the nation's claim to the Western Sahara.
Several Moroccans living in Holland have been repatriated in
this fashion, and in December the Government began to process
claims from Moroccans living in France as well.
     e.  Denial of Fair Public Trial
In theory there is a single court system for all nonmilitary
matters, but family matters such as marriage, divorce, child
support and custody, and inheritance are adjudicated by judges
trained in Islamic law, or Shari'a.  Judges considering
criminal cases or cases in nonfamily areas of civil law are
generally trained in the French legal tradition.  All judges
appointed in recent years are alumni of the National Institute
for Judicial Studies (INEJ) where they undergo 2 years of study
heavily focused on human rights and the rule of law.
The law does not distinguish political and security cases from
common criminal cases.  In general, detainees are arraigned
before a court of first instance.  If the infraction is minor
and not contested, the judge may order the defendant released
or impose a light sentence.  If an investigation is required,
the judge may release defendants on their own recognizance.
Cases are often adjudicated on the basis of confessions
obtained during incommunicado detention.  Some of these
confessions, according to reliable sources, are obtained under
duress.
All Moroccan courts are susceptible to extrajudicial
pressures.  Salaries paid to judges are modest; cash payments
to unscrupulous judges are sometimes made in routine cases.  A
more subtle, but doubtless more profound, corruption derives
from the judiciary's relationship with the Ministry of
Interior.  The Ministry, through its network of local
officials, or caids, who serve in tandem with local elected
officials, interacts regularly with local judges.  Through this
interaction, the caids transmit both general procedures for
various types of cases and advice regarding particular cases as
needed to the judges.  Credible sources report that judges who
expect enhanced remuneration and career progression do not
stray far from that guidance.  Attorneys report that newly
appointed judges, notwithstanding their INEJ training, are even
more willing to profit from this arrangement than their
predecessors.
In serious state security cases, communications between the
Ministry of Interior and the court are more direct.  In the
gun-running case (see Section 1.c.), if the court had applied
the due process rules, the defendants may have been
acquitted--a result that might have encouraged local
Islamists.  To avoid that possibility, security officers were
given virtually unlimited access to the suspects while they
were in pretrial detention, and were able to extract
confessions.  The trial court cooperated in the Ministry's
effort by retroactively adjusting the date of arrest to comport
with the garde-a-vue detention limits--an adjustment that
allowed the confessions to be admitted into evidence.
In late 1993, the King appointed Idrissi Machichi as Minister
of Justice.  A legal scholar and teacher, Machichi has an
international reputation for integrity.  While there were no
fundamental changes in the legal system, Machichi has
instituted some significant reforms.  For example, judges in
drug trafficking cases are now assigned on the day of trial;
traffickers are thus unable to approach corrupt trial judges to
arrange a pretrial dismissal of charges.  Machichi's presence
in office is cited by virtually every part of the legal
community as hope that the judicial system will eventually
achieve the independence mandated by the Constitution.
Aside from external pressures, the court system is also subject
to resource constraints.  Consequently, criminal defendants
charged with less serious offenses often receive only cursory
hearings, with judges relying on police reports to render
decisions.  Although the Government provides an attorney at
public expense for serious crimes--i.e., when the offense has a
maximum sentence of over 5 years--these attorneys often provide
inadequate repesentation.
In July the Government took two important steps to address the
problem of political prisoners.  First, the Parliament
abrogated a 1935 decree which authorized the authorities to
detain any person regarded as a "threat to the sanctity of the
State."  Originally promulgated during the French Protectorate
to suppress nationalists, the decree had become the principal
legal basis for jailing political opponents.
Second, the King granted royal amnesty to 424 prisoners, all of
whom were convicted under the 1935 decree.  Of the freed
prisoners, CCDH determined that 11 were political prisoners and
413 were criminals motivated by political concerns.  Most of
the group of 413 persons were convicted of crimes of violence
or vandalism in mass trials following the 1984 civil
disturbances in Tetouan, Casablanca, and Fes, as well as the
1990 disturbances in Fes and Tangier.  However, several were
imprisoned for exercising free speech and may also be
considered political prisoners.  Many of the prisoners granted
amnesty had rejected government overtures for pardons in
previous years because any pardon, under applicable law, would
have been granted only after an admission of guilt.
The released prisoners included human rights activist Ahmed
Belaichi, imprisoned in 1992 for televised comments critical of
the armed forces, and Islamist leader M'barek Missouni,
imprisoned in 1991 for distributing Islamist tracts.  More than
100 of those released are Islamists.  The human rights
community uniformly praised the abrogation of the 1935 decree
and the amnesty as significant efforts to turn the page on a
dark era in Moroccan history.
OMDH estimates that some 110 non-Sahrawis remain in prison.  Of
these, some 60 are Islamists.  Estimates of the number of
persons imprisoned for advocating independence for the Western
Sahara vary from the Government's position that none are held
to the claims of some international NGO's that several hundred
remain.
     f.  Arbitrary Interference with Privacy, Family, Home or
         Correspondence
The Constitution states that the home is inviolable and that
the police may not conduct a search without a warrant.  The law
stipulates that search warrants may be issued by a prosecutor
for good cause.  However, there continue to be reports of
illegal searches of the homes and offices of suspected
political activists.
Government security services monitor the activities of certain
persons and organizations, including their telephones and
mail.  Government informers also monitor activities on
university campuses.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression, but the
law and tradition prohibit criticism on three topics:  the
monarchy, the Government's claim to the Western Sahara, and the
sanctity of Islam.
In 1994 a court sentenced union leader Ahmed Mlakgatt to 2
years for questioning the fairness of the 1993 legislative
elections.  Five residents of the coastal town of Bouznika were
sentenced to 2 years for committing the same offense.  In other
cases, the courts sentenced three Berber activists from 1 to 2
years for displaying a banner calling for the teaching of
Berber language courses in schools (see Section 1.c.), and 14
members of the "Unemployed Graduate Students Association" were
sentenced from 1 to 2 years for demonstrating against high
unemployment.  The Government released Mlakgatt, the Bouznika
residents, and the Berber activists in a royal amnesty in
July.  The students were freed prior to the amnesty.
The Government significantly restricts press freedom, though
the limits are not clearly defined.  A 1958 decree gives the
Government the authority to register and license domestic
newspapers and journals.  It uses this licensing power to
prohibit the publication of materials deemed to cross the
threshold of tolerable dissent.  The authorities may seize
offending publications and suspend the publisher's license.
Article 55 of the Press Code empowers the Ministry of Interior
to censor newspapers directly by ordering them not publish
reports on specific issues.
In 1994 the Government closed the independent Arabic tabloid,
Asrar, without explanation.  The paper circumvented the closure
by reorganizing as a new periodical, Asda.  Security officials
prohibited the distribution of one issue of Nouvelles du Nord
because it contained an article critical of the human rights
situation in Tunisia.
The Government tolerates satirical and often stinging
editorials in the opposition parties' dailies.  Particularly
sharp editorials in 1994 charged a lack of political leadership
regarding the recognition of Israel and a perceived
capitulation to the West in opening a liaison office in Israel,
both areas in which policy has been orchestrated by the Royal
Palace.  On the other hand, the Government restricted press
coverage of the gun-smuggling case (see Section 1.c.).
The Government owns the only television station receivable
nationwide without a decoder or satellite dish antenna; it does
not impede reception of foreign broadcasts.  Satellite dishes
are available, at prices that decreased dramatically in 1994,
and make available a wide variety of foreign broadcasts.  The
sole private television station may be received in most urban
areas with the rental of an inexpensive decoder.  Northern
residents may receive broadcasts from Spain with standard
antennas.
A great number of foreign news publications are available,
particularly from Europe and the United States.  The Government
generally tolerates a broad spectrum of opinion in the foreign
press.  This was especially true in 1994 as the Government
hosted several international events, including the conference
on the General Agreeement on Tariffs and Trade and the Middle
East Economic Summit, which attracted hundreds of foreign
journalists.
Despite the trend in recent years towards noninterference with
the foreign press, the Government continued to prohibit the
distribution of publications containing articles regarded as
offensive.  For example, the authorities seized the March 23
and April 28 editions of the French weekly Jeune Afrique
because they contained articles respectively urging greater
government support for a Moroccan national accused of murder in
France, and reporting alleged contacts between the Polisario
Front (a group seeking independence for the Western Sahara) and
Algerian Islamists.  The authorities temporarily blocked the
distribution of the September 9 edition of the French daily Le
Monde because it contained an interview in which a Moroccan
Islamist questioned the King's status as a spiritual leader.
The edition was allowed full distribution a few days later.
Universities enjoy relative academic freedom.  The Ministry of
Interior controls the hiring of instructors, the curriculum in
the Faculty of Law, and the physical plant, including the
residences in all faculties.
MOROCCO2
eTITLE: MOROCCO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
     b.  Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly and
association, this right is significantly limited by three
decrees--promulgated in 1935, 1939, and 1958--that permit the
Government to suppress peaceful demonstrations and mass
gatherings.  Organizers for most conferences and demonstrations
require the prior authorization of the Ministry of Interior,
ostensibly for security reasons.
In February the Ministry of Interior denied without explanation
authorization for a conference on women's issues planned by
three major political parties.  The conferees were to consider
the impact of recent changes in the Code of Personal Status,
which concerns marriage, divorce, and child custody.  In April
and June, the Ministry denied permission to AMDH to hold
conferences on human rights and democracy.  In May the Ministry
refused to allow a planned rally in Rabat in support of Bosnian
Muslims.  On June 14, the authorities arrested activists from
the Unemployed Graduate Students Association, an unregistered
group tolerated by the Government, in connection with an
unauthorized demonstration at a union headquarters in a small
eastern city (see Section 1.e.).  The authorities did not
permit OMDH to hold a reception in Casablanca in honor of the
prisoners amnestied in July.  The authorities also denied
organizers to proceed with Berber cultural conferences in
Agadir and Nador.  The police forcibly dispersed several
demonstrations organized by blind students to call attention to
their poverty.  There were a number of injuries.
The Government limits the right to establish organizations.
Under the 1958 decree, persons wishing to establish an
organization must obtain the approval of the Ministry of
Interior before holding meetings.  In practice, the Ministry
uses this requirement to prevent persons suspected of
advocating causes opposed by the Government, particularly
Islamist and leftist groups, from establishing legal
organizations.  There are 29 active Islamist groups, but the
Government has prohibited membership in two of them--Justice
and Charity and Jama'a Islamia--because of their rhetoric
deemed inimical to the monarchy.  The Ministry of Interior must
approve political parties--a power which the Government uses to
control participation in the political process.
     c.  Freedom of Religion
Islam is the official religion.  Ninety-nine percent of the
population is Sunni Muslims, and the King bears the title
"Commander of the Faithful."  The Jewish community of
approximately 6,000 is permitted to practice its faith, as is
the somewhat larger foreign Christian community.  For the first
time in memory, the Ministry of Interior in 1994 permitted the
broadcast of Yom Kippur services on national television.
Although the Constitution provides for freedom of religion,
only Islam, Christianity, and Judaism are tolerated, since the
King has pronounced all other religions to be heresies.  The
Government has prohibited the Baha'i community of 150 to 200
people from meeting since 1983.  Islamic law and tradition call
for strict punishment of any Muslim who converts to another
faith.  Any attempt to induce a Muslim to convert is similarly
illegal.
Foreign missionaries limit their proselytizing to non-Muslims
or conduct their work quietly.  Evangelical missionaries do not
turn away Muslims who appear at services and Bible meetings.
In January the Government quietly released from prison Mustapha
Zmamda, a Muslimsentenced to 3 years in prison in 1993 for
corresponding with Christian missionaries.
The Ministry of Islamic Affairs monitors Friday mosque sermons
and the Koranic schools to ensure the teaching of approved
doctrine.  The authorities sometimes suppress the activities of
Islamic fundamentalists, but generally tolerate activities
restricted to the propagation of Islam, education, and
charity.  Security forces commonly close mosques to the public
shortly after Friday services to prevent use of the premises
for unauthorized political activity.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Although the Constitution provides for freedom of movement, in
practice security forces set up roadblocks throughout the
country and stop traffic at will.  In some regions, roadblocks
have been maintained in the same places for years.  Some
observers characterize these as internal frontiers.  Police
regularly extract gratuities at the roadblocks, particularly
from truck drivers.  In a move to improve their image, the
police arrested more than 1,000 travelers in 1994 for attempted
bribery at the roadblocks.  In the aftermath of the August
violence and discovery of arms catches (see Section 1.d.), the
authorities established additional temporary roadblocks, closed
the border with Algeria, and subjected Algerian nationals to
repeated interrogations.
In the Morocco-administered portion of the Western Sahara, the
Government restricts movement in areas regarded as militarily
sensitive.
The Ministry of Interior restricts freedom to travel abroad in
certain circumstances.  It has refused to issue passports to
certain citizens, including political activists, former
political prisoners, and Baha'is.  However, the Government has
dramatically eased these restrictions in recent years.  OMDH
currently lists only 22 citizens declared ineligible to obtain
passports.  Some former political prisoners, after being issued
passports, were denied exit at border points on the ostensible
basis that government computers had not been changed to reflect
their eligibility to leave.
Women must have permission from either their fathers or
husbands to obtain a passport.  A divorced woman must have her
father's permission to obtain a passport and, if she has
custody of the children, she must have permission of the
children's father to obtain passports for them.  Although the
King has said that the male consent requirement is contrary to
Islam and the Constitution, the Government took no action to
ease the travel requirements for women.
There are frequent allegations of corruption in the passport
offices; applicants are reportedly forced to pay gratuities to
obtain application forms and to make sure the forms are not
lost.  All civil servants must obtain written permission from
their ministries each time they seek to travel abroad.
Moroccans may not renounce their citizenship, but the King
retains the power--rarely used--to revoke it.  Tens of
thousands of Moroccans hold more than one citizenship and
travel with passports issued by other countries.  However,
while residing in Morocco, the authorities consider them
Moroccan citizens.  The Government has sometimes refused to
recognize the right of embassy officials to act on behalf of
"dual nationals" or even to receive information concerning
their arrest and imprisonment.  Dual nationals also complain of
harassment from immigration inspectors.
The law encourages voluntary repatriation of Moroccan Jews who
have emigrated.  Jewish emigres with Israeli citizenship freely
visit Morocco.  The Government also encourages the return of
Saharans who departed Morocco due to the conflict in the
Western Sahara--provided they recognize the Government's claim
to the region.  The Government does not permit Saharan
nationalists who have been released from prison to live in the
disputed territory.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government
Practically speaking, the citizens do not enjoy the right to
change their government by democratic means.  The King, as Head
of State, appoints the Prime Minister, who is the titular head
of government.  The Parliament has the theoretical authority to
effect change in the system of government, but has never
exercised it.  The Constitution may not be amended without the
King's approval.  The Ministry of Interior appoints provincial
governors and local caids.  The latter undergo a 2-year
training course in the Ministry's "Ecole de Formation de
Cadres."  Municipal councils are elected bodies.
Constitutional changes in 1992 authorized the Prime Minister to
nominate other government ministers, but the King retains the
right to replace any minister at will.  Any significant
surrender of power from the Crown to the Prime Minister's
office was further obviated when the King decreed to the
secretaries general, who serve at the King's pleasure, many of
the powers previously vested in the ministers.
Allegations of fraud and manipulation in the 1993 parliamentary
election are pending before the Constitutional Council, the
designated body adjudicating the disputes.  Challenges have
been filed for more than 100 of the 333 seats in Parliament.
Although 17 reelections have been ordered and carried out,
often with new credible allegations of irregularity, human
rights groups do not expect the Council to adjudicate the
remaining cases.
Sixteen parties have members in Parliament.  In a rare display
of political independence, a coalition of major parties refused
in 1994 to accept the King's invitation to accept ministerial
posts--absent significant political and electoral reform,
including control of the Ministry of Interior.  As a
consequence, most present ministers are technocrats named by
the King as caretakers pending the formation of a longer-term
government.  In 1994 the Parliament authorized the televised
broadcasts of ministerial question periods in Parliament.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are three officially recognized nongovernmental human
rights groups:  the Moroccan Human Rights Organization (OMDH),
the Moroccan League for the Defense of Human Rights (LMDH), and
the Moroccan Human Rights Association (AMDH).  LMDH is
associated with the Istiqlal Party, and AMDH is associated with
the Party of the Socialist Avant Garde.  They have formed a
coordinating committee and generally issue joint communiques.
OMDH is nonpartisan.  LMDH and OMDH participate in some
activities of the Royal Consultative Council on Human Rights.
In January OMDH issued a communique stating that the Ministry
of Justice had formed a partnership with OMDH, AMDH, and LMDH
to investigate alleged violations of human rights.  However, at
year's end, there had been no significant follow-up on this
initiative.  While the Ministry of Justice held occasional
meetings with the NGO's, the Ministry of Interior continued to
refuse to acknowledge their inquiries directly.
In comments before Parliament in February, reiterated in
November, the Minister of Interior made clear that he resented
inquiries from human rights groups and that neither of the two
ministries would respond to them, even if such inquires came
from Parliament or other ministries.
The Royal Consultative Council on Human Rights (CCDH), an
advisory body to the King, exists in sometimes uneasy
coordination with the Deputy Ministry of Human Rights (DMHR),
which was established by Parliament.  While their common
missions often provoked an adversarial relationship, a clearer
division of labor emerged in 1994.  CCDH has concentrated on
the reports written by its various working groups, most notably
its recommendations for prison reform.  DMHR's activities have
been more executive:  identifying Tazmamart Prison victims for
compensation and studying the dossiers of disappeared persons
for possible compensation to their families.  The two bodies
worked together on the royal amnesty program:  CCDH formulated
the criteria for eligibility, and DMHR compiled a list of
potentially eligible prisoners.
Amnesty International (AI) established an office in Casablanca
after its representatives visited Morocco in 1994.  While
citing a continuation of human rights abuses, AI commended the
Government's openness in affording access to prisons and
prisoners.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women suffer various forms of legal and cultural
discrimination.  Under the Criminal Code, women are generally
accorded the same treatment as men, but are not accorded equal
treatment under family and estate law, which is based on the
Malikite school of Islamic law.  Under this law, husbands may
more easily divorce their wives than vice versa.  Women inherit
only half as much as male heirs.  Moreover, even where the law
guarantees equal status, cultural norms often prevent a woman's
exercise of those rights.  When a woman inherits property, for
example, male relatives may pressure her to relinquish her
interest.
The civil law status of women is governed by the Moudouwana, or
Code of Personal Status, which is based in part on the Koran.
With the active support of the King, limited reforms of the
Moudouwana, consistent with the Koran, were effected in 1993.
The amendments allow a wife to divorce a husband who announces
an intent to take a second wife; grant a wife unspecified
allowance rights, based on the husband's income, in cases where
a husband files for divorce without legal justification; and
recognize a wife's priority of right to custody of young
children after a divorce.
Women's groups unsuccessfully requested that the Moudouwana
changes include expanded rights to combat spousal violence, a
problem human rights groups confirm is commonplace.  Although a
battered wife has the right to complain to the police, as a
practical matter she would do so only if prepared to file for
divorce.  Spousal abuse is grounds for divorce, but even if
abuse is proven, divorced women do not have the right to
financial support from their former spouses.  Hence few victims
report abuse to authorities.
The law and social practice concerning violence against women
reflects the importance society places on the honor of the
family.  The Criminal Code includes severe punishment for men
convicted of rape or violating a woman or girl.  The defendants
in such cases bear the burden of proving their innocence.
However, sexual assaults often go unreported because of the
stigma attached to the loss of virginity.  A rapist may be
offered the opportunity to marry his victim in order to
preserve the honor of the victim's family.  The law excuses the
murder or injury of a wife caught in the act of committing
adultery; however, a woman would not be excused for killing her
husband under the same circumstances.
While many well-educated women pursue careers in law, medicine,
education, and government service, few make it to the top
echelons of their professions.  Women comprise approximately 24
percent of the work force, with the majority of them in the
industrial, service, and teaching sectors.
Women suffer most from inequality in the rural areas.  Rural
women perform most hard physical labor; the rate of literacy,
particularly in the countryside, is noticeably lower for women
than for men.  Girls are much less likely to be sent to school
than are boys.  Women who earn secondary school diplomas,
however, have equal access to university training.
     Children
The Government has taken little action to end child labor (see
Section 6.d.).  Young girls in particular are exploited as
domestic servants.  Orphanages are often party to the practice
of adoptive servitude, in which families adopt young girls who
perform the duties of domestic servants in their new families.
Credible reports of physical abuse are widespread.  The
practice is often justified as a better alternative to keeping
the girls in orphanages.  It is ingrained in society, attracts
little criticism, even from human rights groups, and is
unregulated by the Government.  In 1994 the Government
continued a campaign to vaccinate children against preventable
diseases.
     National/Racial/Ethnic Minorities
The Constitution affirms, and the Government respects, the
legal equality of all citizens.
The official language is Arabic.  The languages of instruction
and the news media are both Arabic and French.  Science and
technical curriculums are taught in French, thereby eliminating
the large monolingual Arabic-speaking population from these
programs.  Educational reforms in the past decade have stressed
use of Arabic in secondary schools.  Failure to similarly
transform the university system has functionally disqualified
many students, especially those from poorer homes where French
tutoring is not practicable, from higher education in lucrative
fields.
Some 60 percent of the population claim Berber heritage.
Berber cultural groups contend that the three remaining Berber
languages and Berber traditions are rapidly being lost.  Their
repeated requests to the palace to permit the teaching of
Berber languages in the schools have finally produced a royal
decree to effect the necessary curriculum changes.  The King
ordered the limited broadcast of Berber-language news programs
on radio and televison; the broadcasts commenced in 1994.
However, the Government convicted Berber activists and canceled
two conferences on Berber culture (see Section 1.c. and 1.f.).
The moves suggest that the Government regards the Berber
revival as a threat to state security.
     People with Disabilities
Morocco has a high incidence of disabling disease.  Polio is
especially prevalent.  While the Government contends that it
seeks to integrate the disabled into society, most special
education activities are provided by private charities and are
generally affordable only to families with private means.
Disabled persons typically survive by begging.  In 1994 the
Government continued a pilot training program for the blind,
sponsored in part by a member of the royal family.  There are
no laws mandating physical changes to buildings to facilitate
access for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
Although workers are free to establish and join trade unions,
the unions themselves are not completely free from government
interference.  Perhaps a half million of Morocco's 9 million
workers are unionized in 17 trade union federations.  Three
federations dominate the scene:  the Union Marocain de Travail
(UMT), the Confederation Democratique de Travail (CDT), and the
Union Generale des Travailleurs Marocains (UGTM).  The UMT has
no political affiliation, but the CDT is linked to the
Socialist Union of Popular Forces, and the UGTM to the Istiqlal
Party.  Unions belong to regional labor organizations and
maintain ties with international trade secretariats.
In practice, the internal intelligence services of the Ministry
of Interior are believed to have informants within the unions
who monitor their activities and the election of officers.
Sometimes union officers are subject to government pressure.
Union leadership does not always uphold the rights of members
to select their own leaders.  There has been no case of the
rank and file voting out its current leadership and replacing
it with another.
Workers have the right to strike and do so.  In February the
CDT called a 1-day general strike to protest government social
policies.  However, it quickly postponed the strike
indefinitely after the Prime Minister moved to ban it on
grounds that there is no legislation implementing the
constitutional provision for the right to strike.  The
Government maintained that since legal strikes are not defined
by law, the CDT's general strike was outside the scope of
legitimate union activity and hence illegal.  Critics countered
that the ban was an infringement of the Constitution.
During the May 1 Labor Day celebrations, 12 union members
around the country were arrested for shouting political
slogans.  Three were convicted and imprisoned.  They were
released from prison in the general amnesty in July.
     b.  The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is implied in
the constitutional provisions on the right to strike and the
right to join organizations.  The many trade union federations
compete to organize workers.  Any group of eight workers may
organize a union and a worker may change union affiliation
easily.  A work site may contain several independent locals or
locals affiliated with more than one labor federation.
In general, the Government ensures the observance of labor laws
in larger companies and in the public sector.  In the informal
economy, and in the textile and handicrafts industries, labor
laws and regulations are routinely ignored by the Government
and management.  As a practical matter, unions have no judicial
recourse to oblige the Government to enforce labor laws and
regulations.
The laws governing collective bargaining are inadequate.
Collective bargaining has been a long-established tradition in
some parts of the economy, but the practice is not spreading.
Wages and conditions of employment are generally set in
discussions between employer and worker representatives.
Employers unilaterally set wages for the majority of workers.
Employers wishing to dismiss workers are required by law to
notify the provincial governor through the labor inspector's
office.  In cases where employers plan to replace dismissed
workers, a government labor inspector provides replacements and
mediates the cases of workers who protest their dismissal.  Any
worker dimissed for committing a serious infraction of work
rules is entitled by law to a court hearing.
There is no law specifically prohibiting antiunion
discrimination.  Employers commonly dismiss workers for union
activities regarded as threatening to employer interests.  The
courts sometimes order the reinstatement of such wokers, but
are unable to ensure that employers pay damages and back pay.
Ministry of Labor inspectors serve as investigators and
conciliators in labor disputes, but they are few in number and
do not have the resources to investigate all cases.  Unions
have increasingly resorted to litigation to resolve labor
disputes.  In 1994 the International Labor Organization (ILO)
again cited the Government for failing to respond adequately to
such abuses as the dismissals and arrests of trade unionists
and the prohibition on union demonstrations.
The Labor Law applies equally to the small Tangier export
zone.  The proportion of unionized workers in the export zone
is about the same as in the rest of the economy.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by ILO Convention 29,
which was adopted by royal decree.
     d.  Minimum Age for Employment of Children
Abuse of the child labor laws is common nationwide.  The law
prohibits the employment or apprenticeship of any child under
12 years of age.  Education is compulsory for children between
the ages of 7 and 13.  Special regulations govern the
employment of children between the ages of 12 and 16.  In
practice, children are often apprenticed before age 12,
particularly in the handicraft industry.  The use of minors is
common in the rug-making industry and also exists to some
extent in the textile and leather goods industries.  Children
are also employed informally as domestics and usually receive
little or no wages.  Safety and health conditions as well as
salaries in enterprises employing children are often
substandard.
Ministry of Labor inspectors are responsible for enforcing
child labor regulations which are generally well observed in
the industrialized, unionized sector of the economy.  However,
the inspectors are not authorized to monitor the conditions of
domestic servants.
     e.  Acceptable Conditions of Work
The minimum wage does not provide a decent standard of living
for a worker and his family--even with government subsidies for
food, diesel fuel, and public transportation subsidies.  In
many cases, several family members combine their income to
support the family.  The minimum wage was raised by 10 percent
on July 1 to about $167 (1,510 dirhams) a month, the first
increase in 2 years.  Labor unions call for a minimum monthly
wage of about $220 to $230.
The minimum wage is not enforced effectively in the informal
and handicraft sectors of the economy, and even the Government
pays less than the minimum wage to workers at the lowest civil
service grades.  To increase employment opportunities for
recent graduates, the Government allows firms to hire them for
a limited period for less than the minimum wage.  Most workers
in the industrial sector earn more than the minimum wage.  They
are generally paid between 13 and 16 months' salary, including
bonuses, each year.
The law provides a 48-hour maximum workweek with not more than
10 hours any single day, premium pay for overtime, paid public
and annual holidays, and minimum conditions for health and
safety, including the prohibition of night work for women and
minors.  As with other regulations and laws, these are not
universally observed in the informal sector.
Occupational health and safety standards are rudimentary,
except for a prohibition on the employment of women in certain
dangerous occupations.  Labor inspectors endeavor to monitor
working conditions and accidents, but lack sufficient
resources.  In 1994 five teenaged workers were paralyzed by
glue fumes in a poorly ventilated shoe workshop.
MOZAMBIQ1
veveTITLE: MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           MOZAMBIQUE
Following decades of war, Mozambique enjoyed in 1994 its second
year of peace and a significantly improved human rights
situation.  In the country's first multiparty elections October
27-29, President Joaquim Chissano and the National Front for
the Liberation of Mozambique (FRELIMO, which has ruled
Mozambique since independence in 1975) won 53.3 percent of the
presidential vote and 44 percent of the parliamentary vote (129
of 250 legislative seats).  Afonso Dhlakama, the leader of the
former insurgent movement, the Mozambique National Resistance
(RENAMO), received 33.7 percent of the presidential vote
and--with a popular majority in half the provinces--38 percent
of the parliamentary vote (112 seats).  Although Dhlakama
threatened to pull out of the elections at the last minute and
later charged that there were serious irregularities in the
voting process, he said RENAMO would abide by the results.  The
U.N. Special Representative and other international observers
declared the elections generally free and fair.
On December 8-9, Chissano and the Parliament-elect were sworn
in.  At year's end, political tensions resurfaced after
Chissano declined to appoint any RENAMO members to the Cabinet
and resisted RENAMO's demands that they be consulted in the
naming of governors for the provinces in which RENAMO won a
majority of the vote.  RENAMO walked out of the opening
parliamentary session, protesting that FRELIMO was attempting
to continue one-party government as usual.  It remains to be
seen whether the new multiparty legislature will have any more
resources, authority, or independence than its predecessors.
Despite occasional lapses by both FRELIMO and RENAMO in
adhering to the General Peace Accord of October 1992 which
ended the civil war, the U.N. peacekeeping force (ONUMOZ)
successfully oversaw the cease-fire and the 2-year transition
to multiparty elections.  ONUMOZ's mandate ended December 9
with the swearing in of President Chissano; its withdrawal from
Mozambique is scheduled to be completed by January 31, 1995.
The status of the military and security apparatus remained in
flux for most of the year.  The Peace Accord specified that
FRELIMO and RENAMO would each transfer 15,000 soldiers to a
new, unified army.  However, in an attempt to keep a military
option open, both the Government and RENAMO made efforts to
slow the planned demobilization of their 75,000 (total) troops
and the establishment of the new Mozambique armed defense force
(FADM).  However, the pace of demobilization was forced when
thousands of disaffected soldiers, having waited months in
assembly areas, mutinied or simply deserted.  At year's end,
the FADM was comprised of only about 11,500 soldiers according
to the Government.  Given this downsized military establishment
and the absence of any threat from its neighbors, all of whom
are ruled by democratically elected governments, Mozambique
should find it possible to drastically reduce military
expenditures.
FRELIMO internal security forces included the controversial
intelligence arm, the State Information and Security Service
(SISE), the Criminal Investigation Police (PIC), the Mozambique
National Police (PRM), and the Rapid Reaction Police (PIR).
The Peace Accord placed SISE under the supervision of a
21-member monitoring committee (COMINFO) of government and
RENAMO representatives and independent citizens, and a 1993
Chissano-Dhlakama agreement gave ONUMOZ responsibility for
overseeing the Mozambican police force.  As part of this
agreement, almost 1,000 international civilian police (CIVPOL)
monitors arrived to monitor police activities.  Despite the
presence of the latter, police forces committed a number of
human rights abuses, and prior to the elections the Government
violated the Peace Accord by transferring a significant
quantity of arms and men to the police, including to the
presidential security force.
The economy is largely agricultural, with approximately 80
percent of the population involved in small scale, subsistence
farming.  Major exports are shrimp, sugar, cotton, and cashew
nuts.  While near normal rains and continuing peace permitted
many Mozambicans, including returning refugees and the
internally displaced, to farm their lands again, the economy
remained heavily dependent on foreign aid.  Mozambique,
continuing the transition from a centrally planned economy to a
market-based system, is privatizing many government-owned
companies and attempting to attract foreign investment.
Nevertheless, Mozambique, remains one of the world's poorest
countries, with a per capita income of only $80 annually.
Although the overall human rights situation in Mozambique
continued to improve in 1994, the Government, and to a lesser
extent RENAMO, continued to commit serious human rights
abuses.  Despite the presence of international police trainers,
police continued to commit abuses, including instances of
extrajudicial killings and excessive use of force, and
routinely beat and otherwise abused detainees.  The Government
rarely investigated such abuses or punished those responsible.
Citizens sometimes turned to mob justice as a way to counter
the ineffective and corrupt police force.  The weak judiciary
continued to be unable to implement constitutional guarantees
of individual human rights or provide an effective check on the
power of the executive branch.  Early in the year RENAMO and
FRELIMO traded accusations that they could not operate in areas
under each other's control.  Throughout the year, freedom of
movement was severely hampered at times by armed bandits and
FAM and RENAMO soldiers awaiting demobilization, who
contributed to criminal activity by blocking roads, detaining
civilians, and extorting money and food.  Other human rights
problems included harsh prison conditions, press restrictions,
and violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known reports of political killings by the
Government or RENAMO.  However, the Mozambique National Police
committed a number of extrajudicial killings.  For example, in
January in Nampula province, an off-duty police officer
arrested and subsequently beat to death a pharmacy owner.
Also, in July, in Quelimane in Zambezia province, police beat
to death a RENAMO guard, Andre Filipe, while he was in
custody.  As far as known, the Government took no action
against the officers involved in this incident.
The rise of criminal activity, combined with police corruption
and a weak judicial system (see Section l.e.) led to an
increase in mob-vigilante killings, often involving necklacing,
a method of killing and torture in which gasoline-filled tires
are placed around a victim's neck and set alight.  A medical
journal reported that doctors had treated 18 young men in
Maputo's central hospital over a 12-month period for severe
burns caused by necklacing.  Most of the 18 did not survive.
The local press frequently reported instances of angry mobs
beating or even lynching suspected thieves.
     b.  Disappearance
There was one report of an alleged government-perpetrated
disappearance.  In a complaint filed with the Cease-Fire
Commission (CCF), one of the commissions established to oversee
implementation of the Peace Accord, RENAMO accused the
Government of responsibility for the disappearance in May of
Renuge Paconote, a former government soldier, who claimed to
have evidence that the Government was training troops in
Tanzania in violation of the cease-fire.  The Government denied
the allegation and requested that the CCF suspend the
investigation.  The investigation proceeded but failed to reach
any conclusions about Paconote's whereabouts.
A number of members of the Presidential Guard, including
Alberto Gomes, remained missing in 1994, following government
suppression of a 1993 mutiny in the Guard.  The Government
reportedly refused to respond to a request by former soldiers
that it establish a commission of inquiry.   To date, there has
been no news of Gomes' whereabouts or any indication that there
will be an investigation into the matter.
In another case, a government soldier held by RENAMO at a base
in Zambezia in 1993 remained missing in 1994.  RENAMO claims
the soldier fled before he could be transferred to government
custody in October 1993.
The fate of thousands of Mozambicans who disappeared during the
civil war remain unresolved.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution expressly prohibits torture, there
were credible reports that the Mozambique Police Forces
routinely beat and whipped detainees, which sometimes resulted
in death (see Section 1.a.).  Police routinely assaulted those
suspected of even minor crimes.
In Montepuez, Cabo Delgado province, three RENAMO members were
detained by police in September for 3 days and severely beaten
before being released without charges.  In December RENAMO
leaders also maintained that their supporters were being
detained, harassed, and beaten by police in a number of
provinces, but these charges could not be confirmed.
Corruption in the police forces extended throughout the ranks;
the PRM also used threats of violence and detention to
intimidate people from reporting abuses, as in the case of
Rosario Sweleke, a Radio Mozambique journalist who reported on
alleged police criminal activity (see Section 2.a.).  On
occasion, the Government has taken action to counter police
abuses.  For example, in January the Interior Minister
announced that 100 police had been expelled because of
corruption and abuse of authority.  In December the Police
Commander of Maputo announced that 50 policemen were being
prosecuted for "irregularities" committed during the election
period.
Harsh prison conditions continued to deteriorate during the
year.  Medical and food supplies were often insufficient, and
overcrowding remained a serious problem.  In some provincial
prisons, men and women do not have separate facilities, and
violence against women, particularly rape by guards and other
prisoners, was a serious problem.  At year's end, Machava
prison, the largest in Mozambique, located on the outskirts of
Maputo, held over twice the number of inmates for which it was
built, and others held up to four times their intended
capacity.  The Government permitted international human rights
groups, including the International Committee of the Red Cross
(ICRC) access to prisons.
During 1994 RENAMO began to allow nongovernmental organizations
(NGO's) much greater access to children in their custody, some
of whom had been forced to become soldiers (see Section 5).
     d.  Arbitrary Arrest, Detention, or Exile
The law requires that most detainees be charged or released
within 30 days.  However, persons accused of the most serious
crimes, i.e. security offenses or those requiring a sentence of
more than 8 years, may be detained for up to 84 days without
being formally charged.  With court approval, such detainees
may be held for two additional periods of 84 days while the
police complete their investigation.  In practice, however,
these rules are often ignored.  The detainee's constitutional
rights to counsel and to contact relatives or friends are also
frequently not respected.  The Government has broad latitude
for determining what constitutes a security offense.
Citizens are also often unaware of their rights, particularly
those granted under the 1990 Constitution, and detainees may
spend many months, even years, in pretrial status.  In some
cases, detainees may be released from prison while the
investigation proceeds, but the bail system remains poorly
defined, and the police often take bribes to effect the release
of those who can afford to pay.  The law provides that if the
prescribed period for investigation has been completed and no
charges have been brought, the detainee must be released.  In
practice, however, this law is often ignored, in both regular
and security cases, in part because of the severe lack of
administrative personnel, trained judges, and sufficient
lawyers to monitor the judicial system (see Section 1.e.).
Throughout 1994 the serious backlog of pretrial detainees
continued, and the Government made little effort to address
this problem.  A Mozambican human rights organization, the
League of Human Rights (LDH), found that Machava prison alone
had over 500 prisoners awaiting trail beyond the
constitutionally mandated legal detention period.  In one case,
an attorney reported that a client had been held for 15 months
without trial only to be found not guilty when he was finally
able to stand trial.  In another case, the LDH reported that a
52-year-old woman, accused of her husband's murder, was still
awaiting trial after 3 years of detention.
In May the Nampula police detained Rosario Sweleke, a Radio
Mozambique journalist, on charges of defaming the local police
for reporting on alleged criminal police activity.  He was held
for several hours.
The 1990 Constitution expressly prohibits exile, and the
Government does not use exile as a means of political control.
     e.  Denial of Fair Public Trail
The 1990 Constitution formally established an independent
judiciary and specifically states that the decisions of the
courts take precedence over all other authorities and
individuals and must be obeyed.  Nevertheless, the executive,
and by extension the FRELIMO party, dominates the judiciary.
In general, judges are beholden for their positions to the
ruling FRELIMO party, which exercises significant influence on
all aspects of public life through the executive and through
party organs.  Moreover, the President appoints the members of
the most important tribunal, the Supreme Court, and prior to
the October elections, these were automatically ratified by the
FRELIMO-appointed National Assembly.  At year's end, it was
unclear whether the newly elected National Assembly would
assert it prerogatives and strengthen the independence of the
judiciary.
The Government has also ignored court decisions.  For example,
in August the Defense Ministry refused to obey a court order
that it compensate a goods vehicle driver for the loss of his
truck when an army driver ran into him in 1986.
There are two complementary formal justice systems--the
civil/criminal, which includes customary courts and the
military justice system.  At the apex of both systems is the
Supreme Court.  A 1991 law empowered the Supreme Court to
administer the civil/criminal system; it also hears appeals,
including military cases, although the Ministry of Defense
administers the military system.  In addition, local customary
courts handle matters such as estate and divorce cases.  In the
regular courts, all accused persons are in theory presumed
innocent and have the right to legal counsel and appeal, but
the authorities do not always respect these rights.
Since the establishment of the Supreme Court in 1988 and the
abolition of the Revolutionary Military Tribunal, persons
accused of crimes against the State are tried in common
civilian courts under standard criminal judicial procedures.  A
judge may order a trial closed because of national security
interests or to protect the privacy of the plaintiff in rape
cases.
RENAMO continued during the year to administer the areas under
its control through a rudimentary form of civil administration
and traditional courts, often using RENAMO commanders as judges.
The issue of political prisoners remained controversial.  In
1992 the Government held an estimated 400 to 550 national
security prisoners, most of whom were accused of sympathizing
with, or committing crimes on behalf of, RENAMO.  The October
1992 Rome Accords provided for the release of such prisoners,
and the National Assembly passed an amnesty law in 1992
allowing over 300 prisoners to be released.  In 1994, as in
1993, the Government claimed that there were no national
security prisoners.
However, in August  the National Information Commission
(COMINFO), established under the Peace Accord to monitor the
activities of SISE, accused the Government of continuing to
hold political prisoners.  COMINFO's RENAMO-appointed chairman
alleged that a RENAMO prisoner, Alexandre Niquisse, had been
released from prison only in August.  The COMINFO chairman
accused SISE of "hiding" approximately 60 political prisoners,
including Niquisse, in Inhambane province by reclassifying them
as criminals.  The chairman further speculated that more
political prisoners continued to be held in detention
throughout the country.  When interviewed by the press about
the allegations, the Minister of Justice downplayed the
seriousness of the charge, but he admitted that bureaucratic
mistakes could have occurred.  The Government's handling of the
Niquisse case lends credence to the COMINFO findings.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The 1990 Constitution provides for the right to privacy and
expressly prohibits the use of surveillance techniques.  By
law, police need a warrant to enter homes and businesses, but
in practice most policemen routinely operate without them.
During the war, police and security forces entered homes at
will, used a variety of surveillance techniques, and often
forced civilians to move into government-protected villages.
However, since the signing of the Rome Accords, the number of
reported incidents of intrusive government actions declined
markedly.
Although there are fewer reports of such activity, incidents of
illegal telephone wiretapping by Government intelligence
agencies allegedly still occur.  In November the independent
weekly Savana reported what it considered convincing evidence
that a telephone conversation between two of its journalists
was tapped.  The SISE denied the charge.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution, the 1991 Press Law, and the 1992 Rome Peace
Accords provide for freedom of expression and the press, except
in cases involving national defense considerations.  In
practice, however, the Government restricts these freedoms.
Although criticism of the President is not legally prohibited,
the 1991 Press Law holds that, in cases of defamation against
the President, truth is not a sufficient defense against
libel.  Although this law had not been tested in court, it
resulted in considerable media self-censorship and almost no
direct criticism of the President.
The Government dominates the media through direct control of
the most important means of reaching the public, radio and
television.  The Government owns Radio Mozambique and
Television Mozambique, TVM, and also controls, either directly
or indirectly, the most important newspapers such as Domingo
and Noticias.  Radio Mozambique reaches the largest number of
Mozambicans.  The official media do not criticize government
officials or policies, even though corruption at the
ministerial level is common knowledge.  The only independent
television station began its second year of broadcasts in
1994.  While independent administratively and financially from
the Government, the station is owned by a FRELIMO Central
Committee member, and programming has not taken an independent
political line.
The government-controlled media frequently ignored or distorted
Rome Accord issues and regularly criticized RENAMO military and
political leaders for alleged violations of the Accord.  The
government media also targeted the U.N. Special Representative
and various members of the diplomatic community, particularly
as the October elections approached.  They were subjected to an
orchestrated campaign which impugned their motives and falsely
alleged various conspiracies against the peace process.
There were several incidents in which security officials
harassed the press.  For example, in May the Nampula Chief of
Police castigated the media for criticizing the police, and the
police arbitrarily detained Radio Mozambique announcer Rosario
Swelke for several hours (see Section 1.c.).  The Governor
intervened to release Swelke, and the Higher Council of Social
Communications (CSCS), an oversight organ mandated by the Press
Law, and the Independent National Organization of Journalists
investigated the incident.
Notwithstanding the dominance of the official media, there is a
small, but growing independent press that includes several
daily facsimile (FAX) newsletters which carry opposition
viewpoints.  However, the influence of this independent press
and, for that matter, of the official press as well, is limited
largely to Maputo and the provincial capitals.
During the official 33-day election campaign, all parties,
including RENAMO and other opposition parties, had an
opportunity to present their views on Radio Mozambique and
television at no cost, in accordance with the Electoral Law,
and the guidelines established by the nonpartisan National
Elections Commission.  The media also featured nonpartisan
voter education programs.
RENAMO published a magazine, Novos Tempos, and its radio
station, Voz de Renamo, began nationwide shortwave and
Maputo-only FM broadcasts in 1994.  RENAMO continually
criticized the Government, often without any factual basis.
There are no formal restrictions on academic freedom, but, in
practice, teachers routinely adhere to self-censorship since
their employment depends on the State.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly, and there
were no known incidents of the authorities denying permission
for groups to hold public marches or demonstrations.  However,
security forces used excessive force on several occasions in
controlling unauthorized demonstrations, killing and wounding
several persons.  In July in Xai-Xai, Gaza province, rapid
intervention forces fired on crowds demanding the return of
possessions from PRM members they suspected of theft, injuring
several demonstrators.
During 1994, 18 registered political parties, including the two
largest, FRELIMO and RENAMO, held congresses and press
conferences and traveled in areas under government control.
Although the electoral campaign was generally peaceful, there
emerged a pattern of FRELIMO harassment of opposition parties
throughout the country.  This often involved heckling and
stoning opposition candidates and systematic defacing of
opposition campaign material.  FRELIMO also made extensive use
of state resources in its campaign and used governmental powers
to coerce campaign contributions from local businessmen.
FRELIMO accused RENAMO of preventing government campaigners
from going into RENAMO areas, but there was little independent
evidence to support these allegations.  RENAMO accepted the
electoral outcome, although it claimed that many irregularities
had prevented the process from being "fair."
     c.  Freedom of Religion
The Constitution mandates strict separation of church and
state.  It provides for the freedom to "practice or not
practice a religion" and also gives religious institutions the
right to own property and operate schools.  The Government
respects these rights in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of travel within the
country and abroad.  The Government no longer requires citizens
to obtain permits from local authorities in order to travel
within the country.  The Government began to enforce a law
requiring disproportionately heavy fines for foreigners who
overstayed their visas.
The unstable security situation in the country remained the
greatest threat to freedom of movement.  In mid-1994,
government and RENAMO soldiers demanding immediate
demobilization frequently detained and robbed travelers along
major highways.  Using trumped-up charges, police also
frequently stopped truck drivers and foreign visitors and
demanded bribes from them.
During the year, RENAMO permitted increased travel to its
controlled areas, although it insisted that in order to ensure
safety, relief workers and others had to carry RENAMO passes.
During the initial phases of the voter registration campaign,
electoral workers hesitated to enter RENAMO zones unless
security guards were escorting them, but later they entered all
RENAMO zones freely.
With the end of the civil war and the return of the rains after
the worst drought on record in 1992, citizens who had been
internally displaced or had sought refuge in neighboring
countries, began to return in large numbers.  Under the
auspices of the United Nations High Commissioner for Refugees
(UNHCR) and with the assistance of the International
Organization of Migration, over 1.5 million refugees and most
of the 3.6 million displaced persons had returned to their
homes by year's end.
At the end of 1994, there were few refugees from other
countries, although 343 asylum seekers were awaiting
determination of their status.  There were no reported cases in
which refugees were forced to return to countries where they
might have a well-founded fear of persecution.
MOZAMBIQ2
5050TITLE: MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
During 1994 the President, the FRELIMO leadership, and the
Council of Ministers continued to control policymaking and to
influence implementation of the Rome Peace Accords.  The 1992
Accords established a timetable for elections and an
independent monitoring system to ensure their fairness.  On
October 27-29, Mozambicans freely exercised for the first time
their right to vote in multiparty elections.  President
Chissano and FRELIMO won the presidential and legislative
elections, gaining 53 percent of the presidential vote and 129
seats in the 250-seat National Assembly.  RENAMO defeated
FRELIMO in 5 of the country's 10 provinces, including in the
2 most populous provinces, Zambezia and Nampula.  Dhlakama took
33.7 percent of the vote, and RENAMO won 112 legislative
seats.  A third party coalition, the Democratic Union, won the
remaining 9 seats.  While RENAMO charged that the Government
had engaged in ballot-rigging, Dhlakama accepted the outcome,
and the U.N. and other observers declared the election results
free and fair.
While there are no legal restrictions hindering women's
involvement in the political process, cultural factors have
inhibited women's participation and advancement.  At year's
end, there was one female minister (for Coordination and Social
Action) and four female vice ministers in the Government.  The
21-member National Elections Commission included 2 women to
oversee the elections.  Of the 250 newly elected National
Assembly deputies, 62 are women (48 of 129 for FRELIMO, 13 of
112 for RENAMO, and 1 of 9 for the Democratic Union.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no legal obstacles to the formation of local human
rights groups, and two groups formed in 1993 continued to
operate throughout the year.  The Mozambican League for Human
Rights focuses particularly on the rights of prisoners.  On at
least one occasion in 1994 it openly criticized the Government
in the press for judicial delays affecting prisoners' rights.
The Government was receptive to visits by international human
rights monitoring groups, including the ICRC and Amnesty
International.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
religion, or disability, but the Government does not ensure in
practice that citizens may exercise all these rights.
     Women
Despite constitutional prohibition of discrimination based on
sex, women suffer both legal and societal discrimination.
Mozambique has civil and commercial legal codes which predate
independence and frequently contradict each other and the
Constitution.  Among these laws are discriminatory measures
based on traditional African practices which limit widow's
inheritance rights, with estates reverting to the deceased
husband's relatives.
Women continue to be underrepresented in the professions and
have less access than males to educational institutions at all
levels.  Discrimination against women is most apparent in rural
areas where over 80 percent of the population live, and where
women are engaged mainly in subsistence farming and
child-rearing, with little opportunity for schooling or access
to health care.
According to medical and other sources, violence against women,
especially wife beating and rape, is fairly widespread in
Mozambique, especially in rural areas.  The police do not
normally intervene in domestic disputes, and cases are rarely
brought before the courts.  The Government has not specifically
addressed the issue of violence against women.  While rape can
theoretically be prosecuted in the courts, cultural pressures
would make it difficult for most women to do so.
The Justice Ministry and an NGO organization, the Association
of Women, Law, and Development (MULEIDE), which aims to promote
and defend the legal rights of women, are collaborating to
identify those outdated laws that conflict with rights granted
women by the 1990 Constitution.  However, at year's end MULEIDE
had not taken concrete action on the problems with the legal
code.  In addition to MULEIDE, a Zimbabwe-based group, Women in
Law and Development in Africa, opened a Mozambique chapter in
1994 to focus on women's legal rights.
     Children
The Government has not made children's rights and welfare a
priority.  It has made little attempt to reintegrate into
society the large numbers of child soldiers that served in the
military and RENAMO forces or alleviate the plight of the
increasing numbers of urban street children, many of whom were
orphaned by the war.  During the year, RENAMO began allowing
the ICRC and other NGO's greater access to children in its
custody, some of whom had been forced to be soldiers.  Of the
3,500 children who had been in RENAMO custody, approximately
500 had served as soldiers.  At year's end, all but a minority
of problem cases (where parents were no longer alive or could
not take their children back) had been resolved, and the ICRC
announced plans to close its operation.
     National/Racial/Ethnic Minorities
There is no systematic persecution or discrimination on the
basis of race, but the FRELIMO Government included at all
levels a disproportionate number of southerners, mostly from
the Shangaan ethnic group.  RENAMO leadership is predominantly
Shona-ethnic.  There is no indication that the conflict between
the FRELIMO Government and RENAMO was primarily motivated by
ethnicity, although ethnic and regional factors played some
role and explain some of the civil war violence.
     People with Disabilities
Although the Constitution expressly states that "disabled
citizens shall enjoy fully the rights enshrined in the
Constitution," the Government has made few resources available
to assist the disabled and has not passed legislation mandating
accessibility to public buildings or transportation.  In 1991
the Association of Mozambican Disabled (ADEMO) was created to
address the social and economic needs of the disabled.
Although poorly funded, ADEMO provides training, raises public
awareness of the need to integrate disabled persons into
society, and lobbies the Ministry of Labor to initiate
legislation to support the working rights of disabled persons.
The Electoral Law governing the first multiparty elections
specifically addressed the needs of disabled voters in the
polling booths by stipulating that sick or disabled persons
could go to the front of the line and be assisted by another
voter to vote if necessary.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution specifies that all workers are free to join a
trade union.  A labor law passed in December 1991 further
protects workers' rights to organize and to engage in union
activity at their place of employment.  The legislation gave
existing unions the right to register independently from the
then FRELIMO-dominated Organization of Mozambican Workers
(OTM).  Three unions broke away from the OTM in 1992 and formed
the Organization of Free and Independent Unions in 1994.
While still considered to be under strong government influence,
at its third National Congress in May the OTM membership for
the first time elected its President and Secretary General;
previously both were government appointees.  New OTM statutes
call for independence from all influence by companies,
governments, political parties, and religious groups.
The Constitution explicitly provides workers with the right to
strike, with the exception of government employees, police,
military personnel, and employees of other essential services
(which include sanitation, firefighting, air traffic control,
health care, water, electricity, fuel, post office, and
telecommunications).  While no general strikes occurred in
1994, there were numerous wildcat strikes, with workers
protesting low or long overdue salaries.  A downturn in
Mozambique's industrial sector resulted in many factory
closures and employers unable to meet payrolls.  Clashes
between protesting workers and police sometimes turned violent,
as in May in Nampula at the Modemo Wood Company, when police
wounded several workers demanding their unpaid wages.
The 1991 Labor Law forbids retribution against strikers, the
hiring of substitute workers, or lockouts by employers.  There
were no known instances during 1994 of employer retribution
against striking workers.  Specific labor disputes are
generally arbitrated through ad hoc workers' committees,
formally recognized by the Government.
The Constitution and labor legislation provide unions with the
right to join and participate in international bodies.  The OTM
is a member of the Organization of African Trade Union Unity
and the Southern African Trade Union Coordinating Council.  In
1994 Parliament ratified four International Labor Organization
(ILO) conventions, including those on collective bargaining and
protection of trade union rights.
     b.  The Right to Organize and Bargain Collectively
The Labor Law protects workers' rights to organize and engage
in collective bargaining.  In practice, the Government
dominates the industrial sector through state-owned enterprises
and is deeply involved in the bargaining process, even though
in late 1991, the Government decreed that it would no longer
set all salary levels.  During the year the OTM, the three
independent unions, and business organizations met with the
Government to negotiate a "social pact," which resulted in an
increased minimum wage and the setting of voluntary price
ceilings on certain food staples.  The more activist
independent unions and, to a lesser extent the OTM, utilized
the threat of a general strike to compel the Government and
business organizations to establish a formal tripartite "social
pact" committee to negotiate labor issues.
The Labor Law expressly prohibits discrimination against
organized labor, although antiunion discrimination has not been
an issue since, until recently, unions were
government-controlled organizations.
While Mozambique has enacted legislation for the establishment
of export processing zones, no zones have been created.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and there have
been no reports of such labor practices.
     d.  Minimum Age For Employment of Children
Child labor is regulated by the Ministry of Labor.  In the wage
economy, the minimum working age is 16.  Because of high adult
unemployment, few children are employed in regular wage
positions.  However, children commonly work on family farms or
in the urban informal sector, where they perform such tasks as
guarding cars, collecting scrap metal, or selling trinkets and
food in the streets.
     e.  Acceptable Conditions of Work
The Government sets minimum wage rates administratively.  The
minimum wage at year's end was less than $20 (117,500 meticais)
per month.  The Ministry of Labor is responsible for enforcing
the minimum rates in the private sector and the Ministry of
Finance in the public sector.  Violations of minimum wage rates
are usually investigated only after workers register a
complaint.  It is customary for workers to receive fringe
benefits such as transportation and food.  The minimum wage is
not considered sufficient to sustain an average urban worker's
family.  Many workers must turn to a second job, if available,
as well as work garden plots to survive.
The standard legal workweek is 44 hours, with a 24-hour rest
period stipulated.  In the small industrial sector, the
Government has enacted health and environmental laws to protect
workers.  On occasion, the Government has closed firms for
noncompliance with these laws, but the Ministry of Labor
enforces the laws ineffectively.
NAMIBIA1
iTITLE:  NAMIBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            NAMIBIA
Namibia is a multiparty, multiracial democracy, headed by
President Sam Nujoma, leader of the South West Africa People's
Organization (SWAPO), which won Namibia's first free elections
in November 1989 and the National Assembly and presidential
elections in December 1994.  President Nujoma and the SWAPO
party received just over 70 percent of the vote in the December
1994 presidential and National Assembly elections, which were
generally regarded as free and fair.
The Namibian police, supervised by the Ministry of Home
Affairs, and the Namibian Defense Force (NDF), supervised by
the Ministry of Defense, share responsibilities for internal
security.  NDF soldiers reportedly killed two civilians along
the country's border with Angola, and police members were
accused of human rights abuses against civilians, including
beatings of detainees.  The authorities punished some police
officers or charged them in court for committing such abuses.
Namibia's modern market sector produces most of its wealth
while a traditional subsistence agricultural sector (mainly in
the north) supports most of its labor force.  Mining, ranching,
and fishing, the mainstays of the market sector, are still
largely controlled by white Namibians and foreign interests.
However, government policy is to "Namibianize" the increasingly
important fishing sector, so that more indigenous entrepreneurs
are able to participate.  In September the Government
introduced legislation to redistribute underutilized, privately
owned farmland, with owners to be compensated at fair market
value.
Namibians enjoy a wide range of constitutionally provided
civil, political, and economic liberties.  Nevertheless, there
continued to be credible reports that police tortured or
otherwise abused criminal suspects.  SWAPO continued to delay
providing a complete accounting for missing detainees held
during the preindependence period.  The Government refused
initially in August to permit former counterinsurgency fighters
to return to Namibia, but it abided by a subsequent High Court
ruling that Namibian citizens had the constitutional right to
return to their homeland.  Inherited problems of racial
discrimination and disparities--especially in education,
health, employment, and working conditions--continued in 1994,
despite sustained efforts by the Government to reduce them.
Although the Constitution prohibits discrimination based on
race and gender, women continued in practice to experience
serious legal and cultural discrimination.  Women also
experienced widespread societal violence.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings during 1994.  However, there were
credible reports that NDF soldiers killed two unarmed civilians
in late 1994 along the river boundary between northern Namibia
and southeastern Angola.  Reportedly, NDF members shot the two
while they were attempting to evade capture, as officially
authorized by their commanders.  The NDF actions may have been
in response to an October campaign speech.  At year's end, the
Government had not taken any disciplinary action against the
soldiers responsible for the shootings.
While several cases of preindependence political killings
remained unsolved, in June, following lengthy inquest
proceedings, the High Court determined that SWAPO activist
Anton Lubowski, assassinated in 1989, had in all likelihood
been killed by Irish citizen Donald Acheson at the behest of
the former South African Civil Cooperation Bureau (CCB).  The
Government expressed its intention to put Acheson and his
accomplices on trial for the murder, but extradition
proceedings had not been initiated by year's end.  The Court
also determined that high-ranking officials of the
preindependence police and military forces, accused in 1993 by
a local newspaper of planning Lubowksi's killing, had not been
involved in the act.
     b.  Disappearance
There were no reports of disappearances in 1994.  Nevertheless,
the public and political parties again focused on the
unexplained disappearances of persons detained by SWAPO prior
to independence.  The number of SWAPO detainees still
unaccounted for range between 154 and 256.  In April senior
SWAPO officials promised a complete accounting before the end
of the year of everyone who had died or disappeared during the
liberation struggle, but it had not done so by year's end.
This issue will likely remain controversial until the
Government conducts and releases the results of a full
investigation.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution states that "no persons shall be subject to
torture or to cruel, inhuman, or degrading treatment or
punishment."  There were credible allegations, however, that
members of the police beat or otherwise abused civilians,
primarily during arrest and initial interrogation.  For
example, in one case in 1994, an NDF soldier sued the
Government for his unlawful arrest by four police officers in
October 1993.  He was reportedly kicked and punched repeatedly
by police at the Katutura police station before being released
without charge.  His case was pending trial at year's end.  The
authorities suspended at least four police officers from the
police force for beating prisoners in the Oshakati police
cells.  At year's end their cases had not yet been prosecuted
in court.
In connection with past offenses, in July the Windhoek
magistrate's court ruled in favor of a person who charged that
a joint police/NDF patrol had falsely arrested, beaten,
threatened, and interrogated him in early 1993, based on his
former status as a SWAPO detainee.  At year's end, he was
pursuing in the High Court a civil damages suit against the
police and NDF members involved in the incident.  Court
proceedings also continued against three NDF members who
carried out the June 1993 unprovoked assault and beating of a
farming couple near the town of Outjo.  In the meantime, the
three accused were initially dishonorably discharged from the
military but were subsequently reinstated.
Prison conditions are harsh but do not generally threaten the
life or health of prisoners.  During the year, the National
Society for Human Rights charged that police and prison cells
were overcrowded and that food was inadequate, particularly in
Windhoek and Oshakati.  Despite admitting its resource
constraints in addressing this problem, the Government did take
an important step in ending the practice of holding youthful
offenders in the same cells as adult criminals.  It also
stepped up the training of police and prison officials and
continued to grant legal counsel, local nongovernmental
organizations (NGO's), and diplomatic officials regular access
to prisoners.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution forbids arbitrary arrest or detention, and the
Government has generally respected these provisions in
practice.  According to the Constitution, persons who are
arrested must be informed of the reason for their arrest, and
they must be brought before a magistrate within 48 hours of
their detention.  A trial must take place within "a reasonable
time," or the accused must be released.  The accused are
entitled to defense by a legal counsel of their choice; the
State provides counsel for the indigent.
Some traditional leaders reportedly continued to detain and
imprison persons accused of minor offenses without recourse to
police or judicial review.  The Government repeatedly condemned
these actions and called upon the public to report such
practices to the authorities.  It also began training
traditional leaders on the legal limits to their powers.
As far as known, the Government held no political detainees or
prisoners at year's end.  The Government does not use exile for
political purposes, but it temporarily blocked the return of
former members of the preindependence counterinsurgency group,
"Koevoet," who were in self-exile in South Africa (see Section
2.d.).
     e.  Denial of Fair Public Trial
The constitutional right to a fair trial, with a presumption of
innocence until proven guilty, is generally afforded by an
independent judiciary.  However, problems in the traditional
system and the long delays in hearing some cases in the regular
courts limit this right in practice.  The formal system
consists of three levels:  magistrate's court, the High Court,
and the Supreme Court.  The latter also serves as the court of
appeals and as a constitutional review court.
Most rural Namibians first encounter the legal system through
the traditional courts which deal with minor criminal offenses,
such as petty theft and infractions of local customs, among
members of the same ethnic group.  A special commission,
created to make recommendations on the prospective jurisdiction
of traditional courts, concluded in 1993 that traditional
cultural practices and structures should be maintained,
provided they were consistent with constitutional protections
and existing laws.  The Government had not yet presented its
draft enabling legislation to Parliament at year's end.
The lack of qualified magistrates and other court officials has
resulted in a serious backlog of criminal cases.  There is also
a shortage of attorneys; there were only 100 lawyers engaged in
private practice in Namibia in 1994.  As a result, as of August
31, the Government had a backlog of over 2,000 cases, which in
some instances translated into a 6-month delay between arrest
and trial.  To address these problems, the Government, together
with the University of Namibia, provided in-service legal
training to magistrates and other court officials at the
University's Training Center.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution grants all citizens the right to privacy and
requires arresting officers to secure a judicial warrant for
certain listed offenses before conducting a search.  These
rights were respected in practice.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for these freedoms, including
academic freedom, and the Government respected them in practice.
The government-owned Namibian Broadcasting Corporation (NBC)
operates most radio and television services.  Although the NBC
routinely gave prominent coverage to the activities of
government officials, it also provided significant coverage to
the opposition and viewpoints critical of the Government.
There are two private radio stations.  A variety of privately
owned newspapers operate without government restriction and no
apparent self-censorship.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  Police or municipal permits are required for
large, publicized public gatherings but are granted routinely.
During 1994 various organizations, including political parties
and religious groups, held large meetings and public gatherings
without interference.
     c.  Freedom of Religion
There is no state religion, and the Government does not
restrict the exercise of religious freedom.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides citizens the rights to travel freely,
both domestically and abroad, to reside and settle in any part
of the country, and to repatriate.  In practice, the Government
respected these freedoms.  However, in one controversial
incident in early August, the Government denied entry to a
group of Namibian former counterinsurgency fighters and
dependents, who attempted to return home from South Africa,
because of their preindependence military activities as members
of the notorious Koevoet counterinsurgency unit, organized by
the South African army, which many believe committed egregious
human rights abuses.  Two weeks later, the High Court ruled
that the Government had acted illegally and unconstitutionally
in refusing them the right to return to Namibia.  The
Government honored the Court's decision and allowed the group,
plus other former counterinsurgency members who could document
their Namibian citizenship, to return home.
Local NGO's and opposition political parties continued to
criticize the Government for its alleged lack of a consistent
refugee or asylum policy.  At midyear, the Government acceded
to several U.N. conventions on refugees.  Although it expressed
initial reservations over Article 26 of the 1951 U.N.
Convention (concerning freedom of movement and residence), the
Cabinet subsequently ruled that skilled, recognized refugees
would be allowed to work or study on a case-by-case basis, and
this policy was in effect as the year ended.  It was unclear,
however, whether this policy would have any impact on the
numbers of refugees allowed outside the camps.  Some 90 percent
of the approximately 1,500 recognized refugees in Namibia are
Angolans.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this constitutional right for the second
time in free and fair presidential and parliamentary elections
in 1994.  The Constitution established a bicameral Parliament
and provides for general elections every 5 years and regional
elections every 6 years.  Incumbent President Nujoma was
reelected to a second 5-year term of office during the
country's first postindependence elections for the National
Assembly and the President in December 1994.  The ruling SWAPO
party won 53 of the 72 elected National Assembly seats, the
Democratic Turnhalle Alliance (DTA, the major opposition party)
secured 15 seats, and the three smaller parties obtained a
total of 4 seats.
Women are increasingly involved in Namibia's political process
but are seriously underrepresented.  During 1994 women held
three positions at the Cabinet or subcabinet level and seven
seats in the two houses of Parliament.  An additional three
women were elected to the National Assembly as a result of the
December elections.  Historic economic and educational
disadvantages have served to limit the participation of the
indigenous San ethnic group in politics.  For example, the only
San member of the current National Assembly has been unable to
participate effectively because he cannot read or write in
English and could not obtain a reliable San-English interpreter.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local organizations, such as the National Society for Human
Rights and the Legal Assistance Centre, operated freely,
criticizing the Government's handling of the SWAPO detainee
issue, the treatment of refugees, misconduct by members of the
police, and other matters.
International human rights organizations traveled to Namibia
and discussed human rights issues with governmental and
nongovernmental representatives.  The Government also invited
international observers to witness its December elections.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, creed,
gender, or religion, and specifically prohibits "the practice
and ideology of apartheid."
     Women
Despite constitutional protections, women faced persistent
discrimination in both formal and customary law and, most
importantly, in deep-rooted societal practices by all ethnic
groups.  A number of unfair preindependence statutes continued
to discriminate against women in such areas as property,
business, and employment.  For example, a woman may not open a
bank account without the approval of her husband or other close
male relative.  Also, under existing community property laws,
married women of all groups are defined as legal minors and
need the written consent of their husbands before they may
legally acquire or purchase property.  Traditional practices
also permit family members to confiscate the property of
deceased men from their widows and children, particularly in
northern Namibia.
The Government, prodded by women's groups, began to address
these inequalities, and in October the Government announced its
intention to introduce in Parliament in early 1995 a "married
persons equality bill" aimed at removing provisions of law that
discriminate against married women, but not single women.
Violence against women remained widespread, most commonly in
the form of beatings and rape.  Because of traditional
attitudes regarding the subordination of women, many incidents
of abuse are never reported to the authorities.  However, in
those few grave abuse cases where legal action has been
initiated, the courts often sentenced male offenders, including
spouses, to long terms of imprisonment.  The courts sentenced
convicted rapists to prison terms averaging 6 to 9 years.
During the year, the Namibian police opened new "women and
child abuse centres" in the towns of Oshakati and Keetmanshoop,
with specially trained female officers to assist victims of
sexual assaults.  The first facility of this kind was opened in
Windhoek in mid-1993.
     Children
Children's rights, including those of protection from economic
exploitation and from work that is hazardous or harmful to
their health, education, mental, spiritual, moral, or social
development, are enumerated in the Constitution.  In practice,
the Government has been able to commit only limited resources
to the protection of children's welfare.  Child abuse is a
serious problem.  The authorities vigorously prosecuted cases
involving crimes against children, particularly rape and
incest, and encouraged discussion and the issuance of printed
materials in the schools.  Women and child abuse centers (see
above) also worked to reduce the trauma suffered by abused
children and provided training to police officials on handling
this problem.
     Indigenous People
The San people, Namibia's earliest known inhabitants,
historically have been exploited by other ethnic groups.  The
Government has taken a number of measures to end this societal
discrimination against the San, including seeking their advice
about proposed legislation on communally held lands and
increasing their access to primary education.  By law, all
indigenous groups in Namibia are able to participate equally in
decisions affecting their lands, cultures, traditions, and
allocations of natural resources.  Nevertheless, the San and
many other indigenous Namibians have been unable to exercise
fully these rights as a result of historically minimal access
to education and economic opportunities under colonial rule,
coupled with their relative isolation in remote areas of the
country.
     National/Racial/Ethnic Minorities
The Constitution prohibits discrimination based on race and
other factors and specifically prohibits "the practice and
ideology of apartheid."  Nevertheless, as a result of more than
70 years of South African administration, societal, racial, and
ethnic discrimination persists, and some apartheid-based
statutes have not been repealed or replaced by the Parliament.
Many nonwhites continued to complain that the Government was
not moving quickly enough to lessen the continuing and serious
inequalities in education, health, housing, employment, and
access to land.
Also, some opposition parties, including members of the Herero
and Nama ethnic groups, claimed that the SWAPO-led Government
provided more development assistance to the numerically
dominant Ovambo ethnic group of far northern Namibia than to
other groups or regions of the country.  The application by the
"Baster" community for the Government to return its traditional
land in the Rehoboth area was still being considered by the
courts as the year ended.
     People with Disabilities
There were no reports of official discrimination on the basis
of disability, and the Government continued its efforts to
provide the disabled with appropriate treatment and education.
The Government does not legally require special access to
public buildings for the disabled.  However, some municipal
governments have installed ramps and special curbing at street
crossings for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for freedom of association, including
the right to form and join trade unions.  The 1992 Labor Act
extended that right to public servants, farm workers, and
domestic employees.  Trade unions have no difficulty
registering, and there are no government restrictions on who
serves as a union official.  No union has been dissolved by
government action.
Unions are independent of government and may form federations
and confederations.  The two principal trade union umbrella
organizations are the National Union of Namibian Workers
(NUNW), and the Namibia People's Social Movement (NPSM).
Roughly half of the wage sector is organized to some degree,
although less than 20 percent of full-time wage earners are
organized.
Except for those providing essential services (e.g., jobs
related to public health and safety), workers enjoy the right
to strike once conciliation procedures have been exhausted.
Under the Labor Act, strike action may be used only in disputes
involving worker interests, such as pay raises.  Disputes over
worker rights, including dismissals, must be referred to a
labor court (which is convened on an ad hoc basis in the
existing magisterial districts) for arbitration.  The Labor Act
protects legally striking workers from unfair dismissal.
Trade unions are free to exchange visits with foreign trade
unions and to affiliate with international trade union
organizations.  The unions have exercised this freedom without
interference.  The American Federation of Labor-Congress of
Industrial Organization, through its African-American Labor
Center representative based in South Africa, provided technical
assistance to the NUNW during regular visits to Namibia in 1994.
     b.  The Right to Organize and Bargain Collectively
The 1992 Labor Act provides employees the right to bargain
individually or collectively.  Collective bargaining is not
widely practiced outside the mining and construction
industries; wages are usually set by employers.  As unions
become more active, however, informal collective bargaining is
becoming more common.
The Labor Act provides a process for employer recognition of
trade unions and protection for members and organizers.  The
law also empowers a labor court to remedy unfair labor
practices and explicitly forbids unfair dismissals, which may
also be appealed to the labor court.
At present, the Labor Act also applies in the only existing
export processing zone (EPZ), located at the town of Arandis.
News reports that the Ministry of Trade and Industry might
exempt an EPZ in Walvis Bay from the provisions of the Labor
Act prompted the NUNW to come out strongly in opposition to any
area of Namibia being declared "union free."  Draft EPZ
legislation was presented to the Parliament in late 1994 but
had not been debated or enacted as the year ended.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law.  Although there were no
formal complaints filed with the Ministry of Labor in 1994,
there were continuing reports that farm workers sometimes
receive inadequate compensation for their labor and are subject
to strict control by farm owners.  Ministry of Labor inspectors
sometimes encountered problems in gaining access to Namibia's
expansive, privately owned commercial farms in order to
document possible Labor Code violations.
     d.  Minimum Age for Employment of Children
Under the 1992 Labor Act, the minimum age for employment is 14
years, with higher age requirements for certain sectors such as
mining and construction and night work.  Ministry of Labor
inspectors generally enforce minimum age regulations, but
children below the age of 14 often work on family and
commercial farms and in the informal sector.  Boys in the rural
areas traditionally start herding livestock at age 7.
     e.  Acceptable Conditions of Work
There is no statutory minimum wage law.  In Windhoek's nonwhite
townships, many workers and their families have difficulty
maintaining a minimally decent standard of living.  White
Namibians earn significantly more on average than their black
compatriots, in large part because whites own most of the
country's productive resources and had preferential access to
education that enabled them to take advantage of the skilled
labor shortage.
After independence, the standard legal workweek was reduced
from 46 to 45 hours, and includes at least one 24-hour rest
period per week.  An employer may require no more than 10 hours
per week of overtime.  The law mandates 24 consecutive days of
annual leave, at least 30 workdays of sick leave per year, and
3 months of unpaid maternity leave.  In practice, however,
these provisions are not yet rigorously observed or enforced by
the Ministry of Labor.
Government-mandated occupational health and safety standards
are set by law.  The Labor Act empowers the President to
enforce them through inspections and criminal penalties.  The
Government carried out a national survey of health and safety
standards but had not released any report or upgraded standards
by year's end.  The law requires employers to ensure the
health, safety, and welfare of their employees and provides for
their right to remove themselves from dangerous work
situations.
NAURU1
]5]5TITLE:  NAURU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             NAURU
The Republic of Nauru, a small Pacific island with about 9,900
inhabitants, gained independence in 1968, at which time it
adopted a modified form of parliamentary democracy.
Nauru has two levels of government, the unicameral Parliament
and the Nauru Island Council (NIC).  Parliamentary elections
must be held at least triennially.  The Parliament, consisting
of 18 members from 14 constituencies, is responsible for
national and international matters.  It elects the President,
who is both Head of State and Head of Government, from among
its members.  The NIC acts as the local government and is
responsible for public services.  The judiciary is
independent.
Nauru has no armed forces, though it does maintain a small
police force (less than 100 members) under civilian control.
The economy depends almost entirely on the country's rich
phosphate deposits, mined by the government-owned Nauru
Phosphate Corporation (NPC).  The Government places a large
percentage of the NPC's earnings in long-term investments meant
to support the Nauruans after the phosphate reserves have been
exhausted, which, using current extraction techniques, will
probably occur by the year 2000.  The Governments of Nauru and
Australia reached a $70.4 million out-of-court settlement in
July 1993 for rehabilitation of the Nauruan lands ruined by
Australian phosphate mining.
Fundamental human rights are provided for in the Constitution
and generally respected in practice.  Discrimination and
violence against women continue to be the principal human
rights problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of political disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits these practices, and this
prohibition is respected.
     d.  Arbitrary Arrest, Detention, or Exile
The constitutional prohibition against arbitrary arrest and
detention is honored.  The police may hold a person for no more
than 24 hours without a hearing before a magistrate.  Exile is
not practiced.
     e.  Denial of Fair Public Trial
Nauru maintains an independent judiciary, and constitutional
provisions for both a fair hearing and a public trial are
respected.  Defendants may have legal counsel, and a
representative will be appointed when required "in the interest
of justice."  However, many cases never reach the formal legal
process, as traditional reconciliation is used--usually by
choice, but sometimes under communal (not government)
pressure.  Guest workers from Kiribati and Tuvalu are
particularly at a disadvantage in complaints against Nauruan
citizens.  Nauru has only two trained lawyers, and many people
are represented in court by "pleaders," trained paralegals
certified by the Government.
There are no political prisoners.
     f.  Arbitrary Interference With Privacy, Family, Home, or
          Correspondence
The Constitution generally provides protection from these
abuses.  Searches not sanctioned by court order are prohibited,
and there is no surveillance of individuals or of private
communications.  Nauruan citizenship and inheritance rights are
traced through the female line.  Until very recently, laws
restricted intermarriage of Nauru men and women with
non-Nauruans.  Although the laws have changed and such
intermarriage is practiced and permitted, intermarriage between
Nauru women and foreign males still draws substantial social
censure.  The spouses--male or female--of Nauru citizens have
no automatic right of abode in Nauru.  They are, however,
normally granted short-term "visits" sponsored by the Nauru
spouse or they may apply for longer-term work permits.  Foreign
spouses are not eligible for Nauru citizenship.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression.  News and
opinion circulate freely, rapidly, and widely by the press and
word of mouth.  The country has two regular publications:  the
private, fortnightly newspaper, the Central Star News, which
operates and editorializes freely; and the Government Gazette,
which contains mainly official notices and announcements.  The
sole radio station, also owned and operated by the Government,
broadcasts Radio Australia and British Broadcasting Corporation
news reports but not local news.  Pay television, broadcast
from New Zealand, is received by satellite.  Foreign
publications are widely available.
There are no prohibitions or restrictions on academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The constitutional right of peaceful assembly and association
is honored.  No limitations exist on private associations, and
no permits need be obtained for public meetings.
     c.  Freedom of Religion
The constitutional protection of freedom of religion is
observed in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Nauruans are free to move and travel both domestically and
internationally.  Nauru does not revoke citizenship for
political reasons.  Citizens who have left the country have the
right to return, and repatriates receive the same treatment as
other citizens.  No restrictions on emigration exist.
Foreign workers must apply to their employers for permission to
leave during the period of their contracts.  They may break the
contract and leave without permission but would lose their
positions and, often, a sizable bond as a result.  In most
cases, foreign employees whose contracts are terminated by
their employers must leave Nauru within 60 days.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have, and exercise, the right to change their
government.  Though Nauru has no organized political parties,
persons with diverse points of view run for and are elected to
Parliament and to the NIC.
Parliament elects the President.  Nauru has had seven changes
in presidential leadership since independence in 1968.  Power
has always been transferred peacefully and in accordance with
the Constitution.  Continuing this tradition, Bernard Dowiyogo
was reelected to his parliamentary seat and the Presidency in
November 1992.  Voting, by secret ballot, is compulsory for all
citizens over age 20 for parliamentary elections.  There have
been multiple candidates for all parliamentary seats during
recent elections.  The approximately 3,000 guest workers in
Nauru have no voice in political decisions.  There are no legal
impediments to participation in politics by women, and women
have in the past served in Parliament.  However, there are no
women among the current 18 parliamentarians.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no restrictions on establishing local groups that
concern themselves specifically with human rights, but to date
none has been formed.  There have been no allegations by
outside organizations of human rights violations in Nauru, nor
any requests for investigations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Constitutional provisions assuring women the same freedoms
and protections as men are not fully observed in practice.  The
Government provides equal opportunities in education and
employment and women are free to own property and pursue
private interests.  However, both the Government and society
still give women clear signals that their ultimate goal should
be marriage and raising a family.  Nauru's population has been
almost eliminated on several occasions, first by disease and
drought, then during World War II as a result of massive
removals by the Japanese.  The Government has gone to great
lengths to encourage large families, and Nauruan women complain
that emphasis on their reproductive role reduces their
opportunities.  For example, young women studying abroad on
scholarship and contemplating marriage face review and possible
termination of their educational grants as it is assumed that
they will leave the work force and thus not require additional
academic training.
Previous Nauruan governments have shown little interest in the
problems of women.  Nauruan authorities give high priority to
improved health care and education, but the island has no
gynecologists.  The Government has not addressed the physical
abuse of women and does not collect statistics on it.  Some
credible reports indicate that the abuse that occurs, which is
often aggravated by alcohol abuse, sometimes results in serious
injury.
     Children
Child abuse statistics do not exist, but alcohol abuse
sometimes leads to child neglect or abuse.  The NIC dealt with
one child abuse case in 1994, treating it as a serious communal
matter.  The Government devotes considerable attention to the
welfare of children, with particular stress on their health and
educational needs.
     National/Racial/Ethnic Minorities
Foreign laborers, mainly from Vanuatu, Kiribati, and Tuvalu,
experience some discrimination.  While guest workers are
provided free housing, the shelters they are given are often
poorly maintained and overcrowded.  Some guest workers have
alleged that Nauruan police rarely act on complaints they make
against Nauruan citizens.
     People with Disabilities
There is no reported discrimination in employment, education,
and the provision of state services to persons with
disabilities.  There is, however, no legislation or mandated
provisions of accessibility to public buildings and services
for the disabled.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right to assemble and
associate peacefully and to form and belong to trade unions or
other associations.  However, Nauru has virtually no labor
laws, and there are currently no trade unions.  Past efforts to
form them were officially discouraged.  The transient nature of
the mostly foreign work force and the relative prosperity of
the Nauruans have also served to hamper efforts to organize the
labor force.  The right to strike is neither protected,
prohibited, nor limited by law.  No strikes took place in
1994.  Nauru is not a member of the International Labor
Organization.
     b.  The Right to Organize and Bargain Collectively
While there are no legal impediments to collective bargaining
and organizing the former does not take place, and, as noted
above, the latter has been unsuccesful.  The private sector in
Nauru employs only about 1 percent of Nauru's salaried
workers.  For government workers, public service regulations
determine salaries, working hours, vacation periods, and other
employment matters.  There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids forced or compulsory labor, and there
have been no instances of either.
     d.  Minimum Age for Employment of Children
Education is compulsory until age 16; Nauruan law sets 17 as
the minimum age of employment.  This is honored by the only two
large employers, the Government and the NPC.  Some children
under age 17 work in the few small family-owned businesses.
     e.  Acceptable Conditions of Work
Minimum wages paid on Nauru vary considerably between office
workers and manual laborers, but they suffice to provide an
adequate, if modest, standard of living.  Thanks to yearly
dividends paid to Nauruans by the NRC, most families live in
simple but adequate housing, and almost every Nauruan family
owns at least one car or truck.  The Government sets the
minimum yearly wage for Nauruans administratively for both
public and private sectors.  Since November 1992, that rate has
been $6,562 ($A9,056) for those 21 years of age or older.  The
rate is progressively lower for those under 21 years of age.
Employers determine wages for foreign contract workers based on
market conditions and the consumer price index.  Usually
foreign workers and their families receive free housing,
utilities, medical treatment, and often a food allowance.  By
regulation the workweek for office workers is 36 hours and for
manual laborers 40 hours in both the public and private
sectors.  Neither law nor regulations stipulate a weekly rest
period; however, most workers observe Saturdays and Sundays as
holidays.
The Government sets health and safety standards.  The NPC has
an active safety program that includes worker education and the
use of safety helmets, safety shoes, respirators for dusty
conditions, and other safety measures.  The NPC has a safety
officer, specifically responsible for improving safety
standards and compliance throughout the company.
NEPAL1
8e8eTITLE: NEPAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                             NEPAL
Nepal is a constitutional monarchy with a parliamentary form of
government.  In 1990 the King, formerly an absolute monarch,
legalized political parties and an interim government
promulgated a new Constitution.  The King retains important
residual powers but has dissociated himself from the day-to-day
excercise of governing.  The democratically elected Parliament
consists of the House of Representatives and the National
Council.  A parliamentary election was held on November 15.
Observers considered it free and fair.  The election resulted
in a victory for the United Marxist and Leninist party (UML),
which formed a new government.
The national police force maintains internal security, assisted
as necessary by the Royal Nepalese Army.  Local officials have
wide discretion in maintaining law and order.  A positive
development was police exercise of considerable restraint in
handling violent political demonstrations.  However, police
mistreatment of criminal suspects continued.
Nepal is an extremely poor country, with an annual per capita
gross domestic product estimated at around $210.  Over 80
percent of its 20 million people support themselves by
subsistence agriculture.  The export of carpets and garments,
along with tourism are the major sources of foreign exchange.
Foreign aid covers more than half of the development budget.
The Government seeks to liberalize the economy and provide a
greater role for the private sector.
Since the beginning of political reform in 1990, Nepal has
progressed in its transition to a more open society with
greater respect for human rights.  However, problems remain.
Police continue to torture detainees.  The Government's
unwillingness to investigate allegations of police brutality or
take actions against those involved remaines a serious
concern.  The Govenment continues to impose some restrictions
on freedom of expression, and trafficking in women and child
labor remain serious problems.  Women and the lower castes also
suffer widespread discrimination.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
In January an angry crowd attacked police after a police
subinspector poured boiling water on a woman shopkeeper in
Jhapa.  The police fired on the crowd, killing 1 person and
wounding 30.  The authorities later suspended the subinspector
but took no other actions against him or other officers.
The Government refused to investigate police officers
responsible for the 1993 killing of more than two dozen persons
in leftist-inspired political demonstrations and strikes.
However, the Government has compensated the families of some of
the victims.
Killings by political groups increased during and after the
November 15 general elections.  In September several members of
the radical leftist United People's Front killed a Nepali
Congress Party (NCP) worker on his way to a party meeting in
Rukum District.  On October 27, unknown assailants killed an
NCP worker in Dang District.  One week later, eyewitnesses
claim that senior NCP workers were among those who shot dead
three Communist Party workers marching in a procession toward
the NCP's office in Dang District.  An NCP worker was shot dead
on November 5 in Ilam District; the authorities arrested eight
members of the National Democratic Party for the killing.
According to unconfirmed reports, the police killed two members
of the radical United Peoples Front on November 27, after they
fired on the police officers in Rolpa District.
Reported political killings continued after the election.  In
December the NCP reported that six of its workers were killed
in political violence after the formation of the new Government.
     b.  Disappearance
In June police removed from a Kathmandu hospital a student on a
hunger fast in protest over government inaction on pollution;
the student has not been seen since.  In October the Supreme
Court issued a writ of habeas corpus, but the police maintained
that they were not holding the student.  The case remains
unsolved.  The case of a student activist taken into custody by
police in June 1993 also remains unsolved, despite an ongoing
inquiry by the Supreme Court.
The Government continues to refuse to publish the report of the
Disappearances Commission, a body established to investigate
all disappearances in the period from December 1960 to the
beginning of the political transformation in 1990.  Human
rights monitors remain skeptical of the Government's claim that
the report's findings do not warrant governmental action.  They
express concern that persons responsible for disappearances
remain in positions of authority.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture, the law does not
define torture as a criminal offense.  The police commonly use
physical abuse to punish suspects or extract confessions.  The
Government failed to conduct thorough and independent
investigations of reports of police brutality, nor did it take
significant disciplinary action against officers involved.  The
Constitution provides for compensation for victims, but a
compensation bill introduced in Parliament in 1993 remains in
committee.
Charges of cruel treatment by police continued in 1994.  During
periods of political unrest in the spring and summer, the
police reportedly abused several persons arrested at
leftist-sponsored political protests.  However, there were
several clear incidents of torture.  Police in Patan
headquarters kicked and beat on the soles of the feet a
foreigner arrested in January for drug trafficking.  Several
policemen held a stick across his thighs and jumped on it
repeatedly, causing temporary paralysis.  Police denied that
any such abuse occurred, but a doctor examined the man and
judged that his allegations were credible.
In January a group of policemen beat the hand and leg joints of
a man from Bara who filed a complaint against a police officer
who allegedly had had an affair with the man's mother.  In
response, an angry crowd gathered outside the station.  The
police opened fire and wounded six persons.  The authorities
transferred the police officer involved in the affair but took
no other action.
In October the authorities arrested a man in Ilam District and
charged him with illegally cutting wood.  To extract a
confession, forest guards reportedly beat the man, inserted
pins under his fingernails, and beat the soles of his feet.
The man was released from custody after a court found him not
guilty.
The authorities continued to harass Tibetan asylum seekers who
tried to cross the border from China.  In February security
forces badly beat a Tibetan apprehended crossing the border
near Kodari.  Approximately a dozen soldiers repeatedly kicked
the man in the face and beat him with rifle butts, which
resulted in temporary blindness and the loss of several teeth
(see Section 2.d.).
Political groups also engaged in physical abuse.  Shopkeepers
and bus drivers were stoned and beaten by members of leftist
opposition parties after they refused to honor nationwide
strikes.
Overcrowding is common in prisons and authorities sometimes
handcuff or fetter detainees.  Women are incarcerated
separately from men, in equally poor conditions.  The
Government has not implemented a provision in the 1992
Children's Act calling for the establishment of a juvenile home
and juvenile court.  Consequently, children are sometimes
incarcerated with adults--either as criminals or with an
incarcerated parent.  In May the Jail Management Department
reported that 83 children below the age of 12 years were in
prison.
There has been improvement in prison conditions.  The
authorities are more likely to transfer sick prisoners to
hospitals than they were in the past.  However, because of the
inadequacy of medical facilities in the country, the
authorities often place the mentally ill in jails under
inhumane conditions.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides that a suspect must be arraigned or
released within 24 hours of arrest, but the police often
violate this provision.  Under the Public Offenses Act of 1970,
the police must obtain warrants for an arrest unless a person
is caught in the act of committing a crime.  For many offenses,
the case must be filed in court within 7 days of arrest.  If
the court upholds detention, the police are authorized up to 25
days, with a possible 7-day extension, to complete their
investigation.  The Supreme Court on occasion has ordered the
release of detainees held longer than 24 hours without a court
appearance.
Detainees do not have the legal right to be visited by family
members and are permitted access to lawyers only after the
authorities file charges.  Instead, the granting of access is
haphazard and varies from prison to prison.  There is a system
of bail, but bail is too expensive for most citizens.
Under the Public Security Act, the authorities may detain
persons who allegedly threaten domestic security and
tranquility, amicable relations with other states, and
relations between citizens of different classes or religions.
Persons detained under the Act are considered in preventive
detention and are not brought to trial.  In 1994 the
authorities used the Act primarily to detain groups of youths
and mob leaders in advance of scheduled demonstrations.  They
released most detainees within 48 hours.
Human rights groups report that supporters of the leftist
parties are sometimes arrested and detained arbitrarily and
subjected to unwarranted criminal investigations because of
their political affiliation.
Under the 1991 amendments to the Public Security Act, the
police are authorized to extend periods of detention after
submitting written notices to the Home Ministry.  The district
court must be notified of a detention within 24 hours and may
order an additional 6 months of detention before official
charges must be filed.
Other laws, including the Public Offenses Act, permit arbitrary
detention.  This Act and its many amendments cover such crimes
as disturbing the peace, vandalism, rioting, and fighting.
Under this Act, the Government detained hundreds of civil
servants during a 55-day antigovernment strike in 1991.  Human
rights monitors express concern that the Act vests too much
discretionary power in the Chief District Officer (CDO), the
highest ranking civil servant in each of the 75 districts.
Under the Act, he is authorized to order detentions, issue
search warrants, and specify fines and other punishments for
misdemeanors without judicial review.  Detainees may appeal the
decisions of the CDO's.
The Constitution prohibits exile, and it is not practiced.
     e.  Denial of Fair Public Trial
The judicial system consists of three levels:  district courts,
appellate courts, and the Supreme Court.  The King appoints the
judges on recommendations from the Judicial Council, a
constitutional body chaired by the Chief Justice.  The Council
is also responsible for the assignments of judges, disciplinary
action, and other administrative matters.
The Constitution provides for the right to counsel, protection
from double jeopardy and retroactive application of the law,
and public trials, except in some security and customs cases.
All lower court decisions, including acquittals, are subject to
appeal.  The Supreme Court is the court of last appeal, but the
King may grant pardons or suspend, commute, or remit any
sentence.
The Supreme Court has increasingly demonstrated its
independence.  It has ruled that important provisions in the
1992 Labor Act and the 1991 Nepal Citizenship Act are
unconstitutional.  Appellate and district courts have become
increasingly independent, although they sometimes bend to
political pressure.
Military courts adjudicate cases concerning military personnel
who are immune from prosecution in civilian courts.  In 1992
the Supreme Court ruled that civilians may no longer be tried
in military courts for crimes involving the military.
The authorities may prosecute terrorism or treason cases under
the Treason Act.  Such trials are closed and are heard by
specially constituted tribunals.  However, there were no such
trials in 1994.
There is no credible evidence that the Government holds
political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government generally respects the privacy of the home and
family.  Search warrants are required before search and
seizure, except in cases involving suspected security and
narcotics violations.  Under the Police Act of 1955, as
amended, the police are authorized to issue warrants for search
and seizure.  Such warrants must be approved within 24 hours by
the Chief District Officer in misdemeanor cases and court
judges in felony cases.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution specifies that all citizens shall have freedom
of thought and expression, and that no news article or any
other reading material shall be censored.  Nevertheless, the
Constitution prohibits speech and writings that would threaten
the sovereignty and integrity of the Kingdom; disturb the
harmonious relations among people of different castes or
communities; promote sedition, defamation, contempt of court,
or instigation to commit crime; or contradict decent public
behavior or morality.
The Press and Publications Act provides for the licensing of
publications and the granting of credentials to journalists.
The Act includes penalties for violating these requirements.
The Act also prohibits publication of material that, inter
alia, promotes disrespect toward the King or royal family or
undermines the dignity of the King, the integrity and
sovereignty of the Kingdom, and security, peace, and order;
creates animosity among the different castes amd religions; or
adversely affects the good conduct or morality of the public.
In 1992 the Government issued regulations amending the Act
which established requirements for education and work
experience to hold particular jobs in journalism.  The
regulations also provide a basis for banning foreign
publications.
There are scores, if not hundreds, of independent newspapers
representing points of view across the political spectrum.  The
two dailies with the largest circulation are government
sponsored.  Their editors generally reflect government policy,
but they occasionally publish articles critical of the
Government and recommend alternative policies.  The Ministry of
Communication occasionally provides editors with guidance.  The
Government subsidizes newsprint materials to allow
un-profitable papers to stay in business.
The Government owns and controls the sole radio and television
stations.  Programming currently reflects a broader range of
interests and political viewpoints than before the beginning of
the political transformation in 1990, but still closely follows
the government line.  The Government does not restrict access
to foreign radio broadcasts or to the purchase of television
satellite dishes.  The Broadcast Act of 1993 allows private
parties to broadcast television and FM radio.  No private FM
radio license was granted in 1994 although an application has
been pending for months.  Two private television cable services
began operations in Kathmandu in 1994, carrying foreign
entertainment programs only.
The Government limits academic freedom to the same parameters
as the media.  No overt efforts to enforce these limitations
were reported in 1994.
     b.  Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly,
this right may be restricted by law on such vague grounds as
undermining the sovereignty and integrity of the State or
disturbing law and order.  There were no reports of arrests or
detentions for exercising these freedoms in 1994.  However,
hundreds of persons were arrested before and during violent
strikes and demonstrations organized by leftist parties.
Protest leaders from radical leftist groups were placed in
preventive detention before scheduled demonstrations on a
number of occasions.  Most were released after the
demonstrations finished.
     c.  Freedom of Religion
The majority of citizens are Hindu.  The Constitution describes
Nepal as a Hindu kingdom, although it does not establish
Hinduism as the state religion.  The Constitution permits the
practice of all religions and prohibits discrimination on the
basis of caste except for traditional religious practices at
Hindu temples.  The Government has not interfered with the
practice of other religions.  There is concern among
non-Hindus, however, that a constitutional prohibition against
converting another person could be used to limit expression of
religious beliefs.  The authorities arrested 11 Christians in
Ilam District in October for proselytizing near the entrance of
a Hindu temple and blocking public access.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement and
residence, and the Government generally does not restrict
travel abroad.  However, the Government restricts travel to
some areas on the Chinese border to foreign tourists and
foreign residents, such as Tibetan refugees.  The Government
allows citizens abroad to return home and is not known to
revoke citizenship for political reasons.
The Government has no official refugee policy and is not party
to the 1967 Protocol Relating to the Status of Refugees.
However, in the past, the Government accepted and assimilated
approximately 18,000 Tibetan refugees who still reside in
Nepal.  In the mid-1970's, the Government ceased issuing
identification cards to over 12,000 Tibetan residents.  They do
not have legal proof that they live in Nepal.  Some of these
undocumented residents who wished to travel abroad in 1994
faced difficulties from authorities.
The United Nations High Commissioner for Refugees (UNHCR) has
maintained an office in Kathmandu since 1989.  The Government
aids UNHCR's efforts by facilitating access to refugees from
both China and Bhutan.
The Governments of Nepal and China tightened movement across
their border in 1986, but both sides observe such restrictions
haphazardly.  The authorities continued to harass Tibetan
asylum seekers who tried to cross the border with China.  In
some cases, border officials demand bribes from would-be
refugees (see Section 1.c.).  In some instances fighting has
occurred between would-be refugees and the police.
In August the police fired on a group of 10 Tibetans who
crossed the border in the Humla District, injuring 3 persons.
One man was wounded by gunfire below the knee and his leg was
later amputated.  The police claim that they were forced to
open fire after the Tibetans attacked them and grabbed their
weapons in an attempt to escape  The Tibetans claim that the
police attempted to rob them.
As in previous years, the Government continued to use force to
repatriate Tibetans to China against their will.  Reliable
information is unobtainable, but some reports suggest the
problem increased in 1994.
Ethnic Nepalese fleeing Bhutan continued to arrive in 1994 (see
the report on Bhutan).  At year's end, the camps in
southeastern Nepal housed 86,000 refugees, with another 15,000
to 20,000 residing outside the camps.  These residents
represent over one-sixth of Bhutan's estimated population
before the exodus.
The UNHCR monitors the condition of the Bhutanese refugees and
provides assistance for their basic needs.  The Government
accepts the refugee presence on humanitarian grounds but is
able to offer little more than a place to stay.  Living
conditions in the camps have improved dramatically since 1992.
Adequate clean water is available and health, sanitation, and
nutrition standards are acceptable.  Conditions are actually
somewhat better than those found in nearby areas.  Consequently
violence has sometimes broken out between camp residents and
the local population.  Relief organizations working in the
camps sometimes distribute token relief supplies to local
communities to defuse the situation.
In 1993 the Governments of Nepal and Bhutan formed a joint
committee to resolve the refugee problem and to determine
different categories of refugees in preparation for their
future repatriation to Bhutan.  However, four rounds of talks
have led to little concrete progress.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
After a parliamentary defeat in July, the Prime Minister
requested the dissolution of Parliament and called for new
elections.  The second parliamentary election in three decades
was held on November 15.  Citizens exercised their right to
change their government by voting out the NCP and returning the
UML party to power.  Although there were some irregularities,
observers concluded that overall the elections were free and
fair.  The UML won 88 seats, the NCP 83, the National
Democratic Party 20, the Nepali Workers and Peasants Party 4,
and Sadbhavana Party 3, and independents 7.  The King invited
the UML to form a new government in November.
The people, through their elected representatives, have the
right to amend the Constitution with the exception of certain
basic principles which they may not changed--sovereignty vested
in the people, the multiparty system, fundamental rights, and
the constitutional monarchy.
Parliamentary elections are scheduled every 5 years.  Midterm
elections may be called if the ruling party loses its majority,
or loses a vote of no confidence, or if it calls for
elections.  Suffrage is universal to all citizens of age 18 and
over.
The House of Representatives, the lower house, may send
legislation directly to the King by a 50-percent vote.  The
upper house, or the National Council, may amend or reject lower
house legislation--although it may introduce legislation and
send it to the lower house for consideration.
The King exercises certain powers with the advice and consent
of the Council of Ministers.  These powers include exclusive
authority to enact, amend, and repeal laws relating to
succession to the throne.  The King's income and property are
tax-exempt and inviolable, and no question may be raised in any
court about any act performed by the King.  The Constitution
also permits the King to exercise emergency powers in the event
of war, external aggression, armed revolt, or extreme economic
depression.  In such an emergency, the King may suspend without
judicial review many basic freedoms including the freedoms of
expression and assembly, freedom from censorship, and freedom
from preventive detention.  However, he may not suspend the
right to form associations and of habeas corpus.  The King's
declaration of a state of emergency must be approved by a
two-thirds majority of the lower house of Parliament.  If the
lower house is not in session, the upper house exercises this
power.  A state of emergency may be maintained for up to 3
months without legislative approval and up to 6 months,
renewable only once for an additional 6 months, if legislative
approval is granted.
The Constitution bars the registration and participation in
elections of any political party based on "religion, community,
caste, tribe or region," or that does not operate openly and
democratically.
There are no specific laws that restrict indigenous peoples,
women, or minorities from participating in the Government or
political parties, but lingering conservative traditions limit
the influence of women and some castes and tribes in the
political process.  The Constitution requires that each
registered party must nominate at least 5 percent of its
candidates for the House of Representatives.  Women constituted
5 percent of party candidates in the November election.  Seven
of 250 Members of Parliament are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are a dozen nongovernmental human rights organizations,
including the Human Rights Organization of Nepal (HURON) and
the Informal Sector Services Center (INSEC).  The Nepal Law
Society also monitors human rights problems, and a number of
single-issue nongovernmental organizations (NGO's) focus on
specific problem areas such as torture, child labor, women's
rights, or ethnic minorities.
The police regularly lend vehicles to human rights monitors to
observe political demonstrations.  However, human rights
organizations contend that at times the Government interferes
with their operations.  For example, in May government
personnel entered and inspected the offices of the Kathmandu
chapter of Amnesty International.  The authorities claimed that
they carried out a survey of the office in accordance with
administrative norms, but several human rights groups
maintained that a warrant was required for such a survey and
organized a protest march.
NEPAL2
y3y3TITLE: NEPAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution specifies that the State shall not
discriminate against citizens on grounds of religion, race,
sex, caste, or ideology.  However, there is a caste system.
Discrimination against lower castes and women is common,
especially in the rural areas of western Nepal.
     Women
Although the Constitution strengthened provisions regarding
women, including equal pay for equal work, the Government has
not taken effective action to implement this provision.  Women
have benefited from various changes in marriage and inheritance
laws.  In 1994 the Supreme Court struck down as
unconstitutional provisions of the Citizenship Law that
discriminated against foreign spouses of Nepalese women.
However, many laws remain discriminatory.  The law grants women
the right to divorce--but on narrower grounds than those
applicable to men.  The Law on Property Rights also favors men
in a number of ways, including the division of family property,
inheritance, and land tenancy.
Women face discrimination, particularly in rural areas, where
religious and cultural tradition, lack of education, and
ignorance of the law remain severe impediments to their
exercise of basic rights, such as the right to vote or hold
property in their own names.
According to the 1991 census, the literacy rate among females
is 26 percent, compared with 57 percent among males.  Human
rights groups report that girls attend secondary schools at a
rate half that of boys.
Women's rights groups report that wife beating is common.
Little public attention is given to violence against women in
the home and the Government made no special efforts to combat
Trafficking in women is a deeply ingrained social problem in
several of the poorest areas.  Estimates of the number of
Nepalese girls and women working as prostitutes in India range
between 150,000 to 200,000, although prostitution in the
Kathmandu Valley is also a problem.  A children's human rights
group states that 20 percent of the prostitutes are younger
than 16 years old.  Women and girls are usually coerced into
prostitution, but the extent of coercion is difficult to
determine.  Newspapers occasionally report the arrest of those
attempting to abduct young women or dupe them into going to
India.  Economic incentives entice many other women.  In many
cases, parents or relatives sell women and young girls into
sexual slavery.  Among the Badini and Devaki of western Nepal,
religious prostitution is a continuing problem.
The Government prosecutes some cases of coercive trafficking
but takes few measures to stop it.  The spread of the acquired
Immunodeficiency syndrome (AIDS) in India's red-light districts
has discouraged the Government from promoting the return and
rehabilitation of Nepalese prostitutes.
Government efforts focus more on preventing voluntary
prostitution than on rehabilitation or prevention of coercive
trafficking.  The Ministry of Labor and Social Welfare sponsors
job and skill training programs in several poor districts known
for sending prostitutes to India.  Several NGO's have similar
programs.
There is a growing number of women's advocacy groups, and
nearly all political parties have their own women's groups.
Female Members of Parliament have begun working for the passage
of tougher laws for crimes of sexual assault, but have had
little success so far.
     Children
The Child Act of 1992 provides legal protection for children in
the workplace and in criminal proceedings.  Although it calls
for the establishment of child welfare committees and
orphanages, few such facilities have been established.  The
Labor Act of 1992 prohibits employment of minors under 14 years
of age, but employees widely ignored the law.
Children under the age of 16 work in all sectors of the
economy.  Children's rights groups estimate that up to half of
Nepal's children are engaged in income-generating activities.
At the beginning of 1994, child labor in the carpet industry
was prevalent, but the problem lessened by year's end.
Government officials and carpet manufacturers concerned about
negative publicity moved to eliminate child labor and some
factories are establishing schools to retrain child laborers
(see Section 6.d.).
Prostitution and trafficking in young girls are serious
problems (see Section 5.).
Approximately 80 innocent children under the age of 12 are
incarcerated with their parents because the Government has not
established juvenile homes (see Section l.c.).
     National/Racial/Ethnic Minorities
Nepal has over 75 ethnic groups speaking 50 languages.  The
Constitution provides that each community "shall have the right
to preserve and promote its language, script, and culture."  It
further specifies that each community has the right to operate
schools up to the primary level in its mother tongue.
Discrimination against lower castes is especially common in the
rural areas of western Nepal.  Although the public shunning of
"untouchables" has been outlawed, an exception was retained for
traditional practices at Hindu religious sites.  Economic,
social, and educational advancement tend to be a function of
historical patterns, geographical location, and caste.  The
spread of education and higher levels of prosperity, especially
in the Kathmandu valley, are slowly reducing caste distinctions
and increasing opportunities for lower socioeconomic groups.
Although higher and better educated urban-oriented castes
(Brahmin, Chhetri, and certain elements of the Newar community)
continue to dominate in politics and senior administrative and
military positions, the representation of other castes and
ethnic groups is slowly increasing.
The Government has moved slowly in establishing programs for
ethnic minorities and has not enacted any legislation to
safeguard their rights.  Most government officials are Brahmin,
Chhetri, or Newar.  Other groups or castes not in the governing
elite are unable to participate fully in decisions affecting
their lands, cultures, traditions, and the allocation of
natural resources in their territories.
In remote areas, school lessons and national radio
transmissions are often conducted in the local language.
However, in areas with nearby municipalities, education at
primary, secondary, and university levels is conducted almost
exclusively in Nepali.  Human rights groups report that the
languages of the small Kusunda, Dura, and Meche communities are
nearly extinct, and that non-Hindu peoples are losing their
culture.
     People with Disabilities
There are no government programs specifically designed to deal
with the problems faced by disabled persons, nor has
legislation been enacted to mandate accessibility to public
buildings or to employment, education, and other state
services.  Persons who are physically disabled normally rely on
family members to assist them.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the freedom to establish and join
unions and associations.  It permits restrictions of unions
only in cases of subversion, sedition, or similar conditions.
Following the beginning of the political transformation in
1990, trade unions are still developing their adminstrative
structures to organize workers, bargain collectively, and
conduct worker education programs.  Although trade unions were
initially associated with political parties, they are becoming
increasingly independent.
Union participation in the formal sector is significant, but
this sector employs a very small portion of the labor force.
In 1992 the Parliament passed the Labor Act and the Trade Union
Act and formulated enabling regulations.  However, the laws
have not yet been fully implemented.  The Trade Union Act
establishes the procedures for establishing trade unions,
associations, and federations.  It also protects unions and
officials from lawsuits arising from any actions taken in the
discharge of union duties, including collective bargaining.
The law permits strikes, except by employees in "essential
services" such as water supply, electricity, and
telecommunications.  The Government is empowered to halt a
strike or suspend a union's activities if the union disturbs
the peace or adversely affects the nation's economic
interests.  Under the Labor Act, a legal strike must be
approved by 60 percent of a union's membership in a vote by
secret ballot.  However, several illegal strikes took place in
1994, especially to protest retrenchment in public enterprises
under the Government's administrative reform program.  Most
received little publicity and were ineffective.
Even though implementing legislation is not yet in place, some
unions are moving ahead quickly.  The Nepal Trade Union
Congress, a national federation representing nearly 200,000
members, held its first national convention in February.
The Government does not restrict unions from joining
international labor bodies.  Several trade federations and
union organizations maintain a variety of international
affiliations.
     b.  The Right to Organize and Bargain Collectively
The Labor Act provides for collective bargaining.  Although the
organizational structures (e.g., labor courts) to implement the
Act's provisions have not been established, collective
bargaining has been the primary mechanism for setting wages
since April 1990.  An estimated 20 percent of wage earners in
the organized sector are covered by agreements.
Other than the Trade Union Act, there are no legal provisions
prohibiting discrimination against union members or organizers
by employers.  There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits traffic in human beings, slavery,
serfdom, or forced labor in any form.  The Department of Labor
enforces laws against forced labor in the small formal sector
but is unable to enforce the law outside that sector.
Large numbers of women are forced to work against their wills
as prostitutes (see Section 5).  Bonded labor is a continuing
problem, especially in agricultural work.  Bonded laborers are
usually members of lower castes.  Over 25,000 ethnic Tharu
families are estimated to be under the "Kamaiya" or bonded
labor system in the Terai region.  The Government has not yet
enacted legislation or taken other significant steps to address
the problem.
     d.  Minimum Age for Employment of Children
The Constitution stipulates that children shall not be employed
in factories, mines, or similar hazardous places.  The law
establishes a minimum age for employment of minors at 16 in
industry and 14 in agriculture.  Children between the ages of
14 and 16 are limited to a 36-hour workweek.  Despite the law,
child workers are found in all sectors of the economy (see
Section 5).
Up to half of Nepal's children are engaged in income generating
activities, mostly in agriculture.  At the beginning of 1994,
children constituted as much as one-third of the workers in the
export-oriented carpet industry.  This figure dropped to about
5 percent at year's end after negative publicity prompted the
Government and manufacturers to move to eliminate child labor
in carpet factories.  The Government is working with the carpet
industry to establish a certification for carpets made without
child labor.
The Department of Labor's enforcement record is improving.  In
the urban formal sector, it has had some success in enforcing
laws relating to permanency, minimum wage, and holidays.
Government inspectors are also increasing their monitoring of
the abuse of child labor in carpet factories.
     e.  Acceptable Conditions of Work
The Labor Act sets a minimum monthly wage of $23 (1,150 rupees)
in factories and in the organized labor sector.  This wage is
sufficient only for the most minimal standard of living.  Rates
in the unorganized service sector and in agriculture are often
as much as 50 percent lower.  The International Labor
Organization has noted that the Government has undertaken an
effort to ensure that female workers receive equal pay for
equal work.
The Labor Act calls for a 48-hour workweek, with 1 day off per
week, and limits overtime to 20 hours per week.  Health and
safety standards, and other benefits such as a provident fund
and maternity benefits, are also established in the Act.
Implementation of the new Labor Act has been slow, as the
Government has not created the necessary regulatory or
administrative structures to enforce its provisions.  Workers
do not have the right remove themselves from dangerous work
situations.  Although labor officers are authorized to order
employers to rectify unsafe conditions, enforcement of safety
standards has been minimal.
NETHERL1
PTITLE:  THE NETHERLANDS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        THE NETHERLANDS
The Netherlands is a constitutional monarchy with a
parliamentary legislative system.  Executive authority is
exercised by the Prime Minister and Cabinet.  The bicameral
Parliament is elected through nationwide proportional voting.
The military, police, royal constabulary, and investigative
organs concerned with internal and external security are
effectively subordinated to the executive and judicial
authorities.
The economy is based on private enterprise, but also features
extensive involvement by governmental entities.  A complex
social welfare system provides a high level of social benefits.
The Netherlands attaches great importance to human rights.
Dutch law protects individual rights, and both the state and
the general public respect them.  The press, public interest
groups, and domestic and international human rights
organizations are quick to challenge practices which they
believe violate established human rights norms.  Such
complaints are thoroughly discussed by the media and in
Parliament and are often subjected to a judicial process.
In 1994 the treatment of minorities, immigrants, and asylum
seekers was the subject of much debate, particularly in the
context of the campaign for the May parliamentary elections.
The racist political parties fared poorly in those elections,
and there has been increased public concern about isolated
incidents of violence against minorities.
In most respects, there are no significant differences in human
rights practices between the Netherlands proper and the
autonomous regions of the kingdom, i.e., Aruba and the five
islands of the Netherlands Antilles.  The exception appears to
be, according to persistent reports, excessive use of force by
police in the islands.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing.
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture and cruel or inhuman punishment are prohibited by law
and were not known to occur in the Netherlands proper.
However, in response to persistent reports of police
mistreatment of suspects and prisoners in the Netherlands
Antilles and Aruba, the Government of the Netherlands Antilles,
at the instigation of the Dutch Government, established a
commission in 1991 to investigate the subject.  This commission
reported in 1992 that there was no pattern of police brutality,
but that verifiable incidents had occurred on every island but
Saba.  In 1994 the Netherlands Antilles Government responded to
this report by establishing an independent commission with
investigatory powers to respond to complaints from the public
alleging police brutality, and by initiating a training program
to professionalize the police force, with substantial financial
support from the Government of the Netherlands.
There were complaints about prison conditions on Curacao and
St. Maarten in 1993, including allegations of beatings, lack of
access to medical personnel, and overcrowding.  In 1994 these
complaints prompted an official investigation by the Public
Prosecutor on St. Maarten and a program of prison improvements
on Curacao.  In March the investigation formally cleared the
prison guards of the charges of brutality.  In another response
to the complaints, the Antillean Government persuaded the Dutch
Ministry of Justice to send a mission to study the prison
system on the islands.  The mission reported its findings in
September, and the Antillean Minister of Justice has pledged to
follow the reorganization plan outlined in the report.
     d.  Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest is provided for by law and
respected in practice.  Preventive detention is permitted only
if national or municipal authorities declare an emergency.  On
such occasions, however, the detention may only be for a
limited time.  Under normal circumstances a suspect may be held
for no longer than 6 hours (or 9 hours if arrested at night)
before charges must be brought.  The Public Prosecutor may
allow a 48-hour detention of persons suspected of having
committed serious crimes, and has authority to extend it to 96
hours.  An investigating judge must authorize any further
extensions.  There are no political prisoners.  The Netherlands
does not practice forced exile.
     e.  Denial of Fair Public Trial
The Constitution provides for an independent judiciary and a
right to a fair public trial.  The Dutch court system provides
for the right of appeal.  Charges must be formally stated, and
the accused is presumed innocent until proven guilty.
Defendants have the right to counsel; free or low-cost legal
assistance is provided for the indigent.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
In most criminal cases, a judicial warrant is required to enter
a person's home or to monitor private correspondence or
telephone conversations.  The State respects individual freedom
of choice in family matters.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
A functioning democratic political system, an independent
press, and an effective judiciary ensure freedom of speech and
press.  Dutch media policy allocates broadcast time to a wide
range of social, political, and ethnic groups, ensuring that
minority viewpoints are heard.
There are no prepublication restraints on the media.  A
traditional consensus effectively prevents the mainstream media
from disseminating sensitive information involving national
security, defense, or the royal family.  Violent or sensational
crimes are treated discreetly, with suspects and victims often
identified only by their initials.  In ongoing investigations,
only minimal personal data are released on criminal suspects.
The law prohibits incitement of hatred.  Courts may ban a
political party at the request of the Public Prosecutor on the
grounds of the party's discriminatory, racist, or violent
character; but this provision has never been invoked.
     b.  Freedom of Peaceful Assembly and Association
Freedom of assembly and association is virtually unrestricted.
For large assemblies and political demonstrations, permits from
local authorities are required.  These permits are routinely
granted unless authorities believe that "public order and
safety" cannot be guaranteed.  Public meetings of extreme
rightist or racist groups have been prohibited from time to
time.  The Government does not arbitrarily impede membership
in, or the formation of, organizations.
     c.  Freedom of Religion
There is full freedom of religion.  State subsidies are
provided to religious organizations that maintain educational
facilities.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There is full freedom of domestic and foreign travel,
emigration, and repatriation.
The Netherlands has elaborate asylum procedures which take into
account conditions in the applicant's country of origin.
Applicants who do not meet the criteria for political asylum
are nevertheless permitted to stay, without refugee status, if
conditions in their country of origin would place them in
danger.  In January a new asylum law came into effect,
proscribing consideration of asylum requests by applicants
whose previous requests were turned down by the Netherlands.
Despite some tightening of regulations and procedures, asylum
is still relatively easy to obtain.  The number of asylum
seekers trended dramatically higher than in 1993.  After polls
showed that the public considers this a major domestic problem,
the Pa1liament passed legislation in December making applicants
ineligible for asylum if they come from a country the law
designates as a "safe country of origin" or if they arrive by
way of a "safe third country" where asylum is possible.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Netherlands is a functioning multiparty democracy.
Elections are based on proportional representation.  There is
universal suffrage for citizens aged 18 and older.  Foreign
residents may vote in municipal elections after 5 years of
legal residence.  Citizens elect the second chamber (House of
Representatives) of Parliament every 4 years (sooner if a
government resigns or falls).
There are no restrictions in law or in practice on the
participation of women and minorities in government and
politics.  The Government continues to seek to increase the
number of female candidates for elected office.  Only modest
gains have been scored on the local level over the last 3
years, but women have fared better on the national level, due
in part to efforts by political parties to feature more women
on their election lists.  The second chamber of Parliament now
counts 49 women among its 150 members, up from 44 before the
recent elections.  In the Cabinet of the new Government, a
record 4 of 13 ministers are women.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Human rights groups, the media, and other interested parties
are free to pursue inquiries into human rights issues, and
Dutch authorities readily assist international and
nongovernmental organizations in their investigations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law bans discrimination on the basis of any of these
factors or on sexual orientation or political preference.  A
new Equal Treatment Act came into force on January 1, 1994,
which allows complainants to take offenders to court under
civil law.
     Women
There is increased awareness in the Netherlands that abuse of
women is a problem that needs to be aired and addressed.
Accordingly, the Government materially supports programs to
reduce and prevent violence against women.  Battered women find
refuge in a network of government-subsidized shelters offering
the services of social workers and psychologists.  Battered
women who leave their domestic partners become eligible for
social benefits, including an adequate basic subsidy as well as
an allowance for dependent children.  There are also
organizations that advise and assist women who have been
victims of sexual assault.  Spousal rape or abuse each carry
the same penalty as the same crime against other persons.
The Social Ministry, citing recent research indicating that
one-third of all working women have experienced sexual
harassment in the workplace, initiated legislation to address
this problem.  In July the first chamber of Parliament passed
an antiharassment amendment to the Workers' Conditions Act
requiring employers to take measures to protect workers (of
either sex).  The Government--the nation's largest
employer--has instituted such measures in the civil service,
and it runs an ongoing campaign to publicize the problem.
Women are increasingly entering the job market, despite
traditional constraints and inadequate child-care facilities.
Although more than 40 percent of the Dutch work force is now
female, many women work only part time.
The social welfare system provides considerable assistance to
working women with families.  Women are eligible for 16 weeks
of maternity leave at full pay.  The parental leave law allows
parents (of either sex) to work only 20 hours a week over a
6-month period; since the enactment of the law in 1991, 27
percent of eligible women have used this benefit, and 11
percent of eligible men.
On the other hand, many women work in low-level administrative
or service jobs, and women often have less chance of promotion
than male colleagues.  The unemployment rate of women
reentering the labor market is high.  Legislation mandates
equal pay for equal work; prohibits dismissal because of
marriage, pregnancy, or motherhood; and provides for equality
in other matters regarding employment.  A legislatively
mandated equal-treatment commission deals with complaints on
these matters.
Women have the same legal and judicial rights as men.  Upon
marriage, a couple may sign a prenuptial agreement to preserve
individual ownership of their respective assets, or they may
declare their assets joint property.
     Children
The Government is committed to ensuring the well-being of
children through numerous well-funded health, education, and
public information programs.  The Council for the Protection of
Children, which operates under the Ministry of Justice,
enforces child-support orders, investigates cases of child
abuse, and recommends remedies ranging from counseling to
withdrawal of parental rights.  In addition, the Government has
set up a popular hot-line for children, along with a network of
pediatricians who look for indications of child abuse and also
track suspected cases.
     National/Racial/Ethnic Minorities
A study by the University of Leiden and the Dutch Public Safety
Service found that the number of incidents of violence against
foreigners and ethnic minorities has increased over recent
years.  The study tallied about 350 reported racially motivated
1993 incidents, and estimated that there were a significant
number of unreported incidents as well.
The Government has been trying, through publicity campaigns and
legislative initiatives, to increase public awareness of racism
and discrimination.
The main immigrant groups in the Netherlands are from the
former Dutch colony of Suriname, the Netherlands Antilles,
Aruba, Turkey, and Morocco.  Concentrated in the larger cities,
they suffer high unemployment.  The Government has been working
for several years with employers' groups and unions to reduce
this to the national average rate.  As a result, over the past
year the rate of job creation among ethnic minorities has been
higher than among the general population.  But with the influx
of immigrants still growing, the unemployment problem remains
difficult to overcome, especially during the current recession
in the Netherlands.
The municipalities of Rotterdam and Amsterdam have a number of
programs, many funded in part by the national Government, to
promote integration of ethnic minorities.  Several focus on
education and vocational training for minority children.
Others seek to bring persons of different cultures together and
prevent flare-ups in certain neighborhoods.
A law effected July 1 requires employers with over 35 employees
to register with the local Chamber of Commerce the number of
their employees who identify themselves as members of a
non-Dutch ethnic group.  People who do not wish to be
identified as ethnically non-Dutch are not required to
register.  Employers must submit confidential affirmative
action plans, including recruitment targets and proposed means
of attaining them.
     People with Disabilities
Government-funded programs for the disabled include subsidies
to adapt housing and public transportation, day-activity
centers, and incentives to employers to hire the handicapped.
Local governments are increasingly mandating access to public
buildings for the disabled.  Since 1992, there has been a
national telephone line to report structural obstacles to
handicapped access or mobility on public property.
Section 6  Worker Rights
     a.  The Right of Association
Membership in labor unions is open to all workers, including
military, police, and civil service employees.  People are
entitled to form or join unions of their own choosing without
previous government authorization, and unions are free to
affiliate with national trade union federations.  This right is
freely exercised.
Unions are entirely free of control by the Government and
political parties.  They may and do participate in political
activities.
All workers have the right to strike, except most civil
servants (who have other institutionalized means of protection
and redress).  The right to strike is exercised freely, but the
number of strikes each year is very low.  There is no
retribution against striking workers.
     b.  The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized
and well established.  Discrimination against workers because
of union membership is illegal and does not occur.
Collective bargaining agreements are negotiated in the
framework of the social partnership developed among trade
unions and private employers.  Representatives of the main
union federations, employers' organizations, and the Government
meet each autumn to discuss labor issues, including wage levels
and their relation to the state of the economy and to
international competition.  The discussions aim to develop a
"central accord" with social as well as economic goals for the
coming year.  Under this umbrella agreement, unions and
employers in various sectors negotiate sectoral agreements,
which the Government usually extends to all companies in the
respective sector.  As a result, collective bargaining
agreements cover three-quarters of the labor force.
Antiunion discrimination is prohibited.  Union federations and
employers' organizations form the "social partnership" and are
represented, along with independent experts, on the Social and
Economic Council.  The Council is the major advisory board to
the Government on its policies and legislation regarding
national and international social and economic matters.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Constitution
and does not occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16, and for full-time work it
is conditioned on completion of the mandatory 10 years of
schooling.  Those still in school at age 16 may not work more
than 8 hours per week.  People under age 18 are prohibited by
law from working at night, overtime, or in areas dangerous to
their physical or mental well-being.  The laws are effectively
enforced by the Labor Commission, which monitors hiring
practices and conducts inspections of work sites.
     e.  Acceptable Conditions of Work
The minimum wage for adults is established by law and may be
adjusted every 6 months to changes in the cost-of-living
index.  Since 1982 few adjustments have been made, and the rise
in the minimum wage has lagged well behind the rise in the
index.  The minimum wage is $1,243 (2,163 Dutch guilders) per
month.  Fewer than 3 percent of all workers get the minimum
wage.  Sectoral wage contracts usually fix a minimum that is
high above the legislated minimum wage.
For workers under age 23 the minimum ranges from 33 percent of
the adult minimum (for those aged 16) to 85 percent (for those
aged 22).  The legislated minimum wage, together with social
benefits available to all who receive only that, provides an
adequate living for workers and their families.
The standard workweek in the Netherlands is 40 hours.  The
workday, fixed by law, cannot exceed 8 1/2 hours a day.  There
are legislated curbs on work during nights and weekends.  In
December, Parliament approved some deregulation of workhours to
encourage flexible work schedules, and delegated limited
authority to localities to make decisions on workhours.
Working conditions, including all safety and health standards
set by law and regulations, are actively monitored and
effectively enforced by the Labor Commission.  The Ministry of
Social Affairs also polices standards, through its Labor
Inspectorate.  Workers may refuse to continue work at a
hazardous site.
NEW_ZEAL1
\TITLE:  NEW ZEALAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          NEW ZEALAND
New Zealand is a parliamentary democracy, with executive
authority vested in a 20-member cabinet led by a prime
minister.  Four seats in the 99-member legislature are reserved
for those persons from the native Maori minority population who
wish to be included on a separate electoral roll.
Approximately 13 percent of New Zealand's population of
3,541,600 consider themselves Maori.  Immigrants from the
Pacific islands (5 percent) and Asia (2.5 percent) leaven a
population of primarily European descent and play an important
role in New Zealand's increasingly multicultural makeup.  The
rights of Maori and, to a lesser extent, Asians have received
increasing public attention in recent years.
Niue and the Cook Islands are self-governing countries in free
association with New Zealand.  In 1994 the New Zealand island
dependency of Tokelau informed the United Nations that it is
contemplating an act of self-determination on the basis of free
association with New Zealand.  Parliament is considering
legislation which would expand the lawmaking authority of
Tokelau's local assembly.  Inhabitants of all three areas hold
New Zealand citizenship and are entitled to New Zealand
passports.  Local law in the Cook Islands, Niue, and Tokelau is
compatible with New Zealand and British common law.
New Zealand's police and defense forces are responsible to and
firmly controlled by civilian officials.
New Zealand is a highly efficient producer of agricultural
products.  The mainstay of its economy is the export of wool,
meat, and dairy products.  An expanding manufacturing sector is
engaged primarily in food processing, metal fabrication, and
the production of wood and paper products.  Niche industries
are developing in such high technology sectors as software
production.  Recent structural reforms have transformed New
Zealand from one of the world's most protected economies to one
based on free trade and market principles.  Disparities in
wealth are very small (though increasing), and most New
Zealanders have a comfortable standard of living.
New Zealanders enjoy a wide range of freedoms, and basic human
rights are guaranteed by law and respected in practice.
Minority rights are given special legislative protection, and
provision is made for the economically deprived.  A new Human
Rights Act, which took effect in February, incorporates
existing prohibitions against discrimination, and adds new bans
in several areas.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
     b.  Disappearance
There were no reports of politically motivated disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
New Zealand law prohibits torture and other forms of
mistreatment, and these prohibitions are generally respected in
practice.  In response to allegations that prison officials had
mistreated inmates at two jails, a police investigation was
initiated and is still under way.  Some officials have already
been disciplined, and several procedural reforms are being
undertaken to prevent recurrence.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides for freedom from arbitrary arrest, detention,
and exile, and this is respected.  It also provides for
judicial review of the legitimacy of arrests and requires that
people arrested be charged promptly.  The court provides legal
aid to those who cannot afford to pay for a private attorney.
The law prohibits preventive detention.
     e.  Denial of Fair Public Trial
The independent and impartial judiciary assures a prompt and
fair public trial.  Final appeal in some instances may be made
to the Privy Council in London, although this is rarely
invoked.  The authorities meticulously observe the rights of
the accused.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law protects the right to privacy.  The Government does not
violate personal privacy, the sanctity of the home, or the
integrity of correspondence.  The Office of the Privacy
Commissioner hears complaints involving violation of personal
privacy by individuals or the Government.  The Privacy
Commissioner is a statutory member of the Human Rights
Commission.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for freedom of speech and press, and these are
respected in practice.  Several hundred newspapers and
magazines reflect a wide spectrum of political and social
thought.  Numerous state and privately owned radio stations
operate.  One private and two state television channels
broadcast nationally, and international satellite broadcasts
are available.  The Government makes no attempt to censor the
press, and opposition viewpoints are freely expressed.
Academic freedom is not limited.
     b.  Freedom of Peaceful Assembly and Association
The law provides for the rights to peaceful assembly and
association, and these are respected in practice.
     c.  Freedom of Religion
New Zealand enjoys a long tradition of religious freedom.  The
law treats all faiths equally.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law places no limitations on internal movement or
resettlement, nor does it restrict foreign travel or the right
to return.  Within the limits of its resources, New Zealand
accepts and resettles refugees and asylum seekers.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The people freely elect their government.  The law provides for
universal suffrage at age 18.  No restrictions based upon sex,
creed, or national origin limit participation in the political
process.  Four seats have been reserved in Parliament for Maori
who wish to be included on a separate electoral role.
Currently, of the 99 members of Parliament, 21 are women, 6 are
Maori (including the 4 reserved seats), and 1 is of Pacific
Island origin.  Two major parties, National and Labour,
dominate the political scene and have formed governments chosen
in triennial elections for more than 50 years.  Voting rates
are high, and participation in political groups is common.
Opposition groups freely voice their views and can influence
government policies.
Responding to complaints that the "first-past-the-post"
electoral system, or simple majority system, unfairly
disadvantaged small parties, the Government asked voters in a
referendum held at the same time as the 1993 general election
to determine whether to adopt proportional representation.  A
majority of voters chose to adopt a form of this known as
mixed-member-proportional representation (MMP).  Under this
system, each voter will cast two votes: one for the local
constituency candidate and one for a political party.
Candidates elected by constituencies and nominees selected from
party lists will be combined to achieve proportionality in the
Parliament, which will be expanded to 120 seats after the first
MMP elections are held sometime in 1995 or 1996.  The change
resulted in the formation of several new political parties in
1994.
Under MMP, the number of seats reserved for indigenous people
was determined during a 2-month registration period in which
Maori were given the option to register on either the general
or Maori electoral roll.  Some Maori leaders accused the
Government of providing inadequate support to the enrollment
campaign when low registration led to Maori gaining only 5
seats in the new 120-seat Parliament (vice 4 in the current
99-seat house.)  In October the New Zealand High Court
dismissed a legal challenge by three of New Zealand's main
Maori organizations which sought to order the Government to
conduct a new registration period with additional resources.
The Maori groups are appealing the High Court's decision.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local and international human rights organizations operate
freely.  New Zealand allows individuals to request an
independent U.N. Human Rights Committee investigation of
alleged abuses of human rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The New Zealand Human Rights Commission hears complaints of
discrimination based on sex, marital status, national or ethnic
origin, and religious or ethical belief.  The Race Relations
Conciliator, a statutory member of the Human Rights Commission
but empowered under separate legislation, hears complaints
based upon racial discrimination.  New Zealand's new Human
Rights Act, which was enacted in 1993 and took effect in
February 1994, replaced and expanded the Human Rights
Commission Act of 1977 and the Race Relations Act of 1971.  The
legislation incorporates existing bans against discrimination
on the basis of sex (including pregnancy and sexual
harassment), marital status, religious or ethical belief, race,
color, or ethnic or national origin.  It adds new bans against
discrimination on the grounds of physical or psychological
disability (including disability or impairment due to the
presence in the body of organisms capable of causing illness),
age, political opinion, employment status, family status, or
sexual orientation.
The Act prohibits such discrimination in employment, education,
access to public places, provision of goods and services, and
housing and accommodation.  The New Zealand defense force ended
its ban on homosexuals in the armed services shortly after the
Act took effect in February.  The military's new order
prohibits unacceptable sexual behavior, regardless of the sex
involved.
     Women
Nationwide police data for the 12-month period ending in June
1994 show 8,471 assaults by males on females as compared to
5,562 in the previous reporting year.  Reported instances of
male rape of females showed a less dramatic increase, 1,205
compared to 1,193.  Informed observers state that these figures
should be interpreted with caution.  They attribute much of the
increase to a heightened level of awareness by the public and a
greater willingness to report such abuses.
The Government actively combats violence against women in a
number of ways, including the issuance of nonmolestation and
nonviolence orders against abusive spouses, civil protection
orders issued in family courts, or suit for compensation for
some forms of negligent harm.  A crime prevention unit under
the Prime Minister coordinates national policy on domestic
violence.  The law penalizes spousal rape.
Victims of domestic violence may stay in one of the 50
government-funded shelters operated by the National Collective
of Independent Women's Refuges (NCIWR), or the half-dozen
shelters run by church or private groups.  One nongovernmental
organization (NGO) reported that 80 percent of women in refuges
refuse to take out nonviolence orders either because they are
too frightened, don't believe they will be effective, or think
the order will further anger the spouse.
NGO's unanimously praise the police for their commitment to
fight domestic violence, including their policy of arresting
offenders instead of attempting mediation at the scene, their
coordination with victim support services, and their response
to concerns raised by refuge workers.  In March the police
launched a nationwide campaign on spousal abuse by sponsoring a
television documentary on domestic violence.
     Children
A 1989 law increased specific safeguards for children's rights
and made special provisions for the treatment of children by
the legal system, including creation of the independent office
of the Commissioner for Children with broad powers of audit and
inquiry into all aspects of children's rights.
The number of reports of assaults on children under age 14 rose
from 709 in the reporting period ending June 1993 to 990 in the
year ending June 1994.  (These figures do not differentiate
between those committed by children and those by adults.)
Police statistics also contain a general category of abuse
against children, and these showed an increase from 3,144 to
3,309.  Again, as with abuse of women, informed observers
believe that the increase in reported abuses comes from greater
public awareness of such abuses and a greater willingness to
report them, and they attribute this largely to the
effectiveness of the Government's intensified efforts to
publicize the need to be aware of and report domestic violence.
     Indigenous People
Approximately 13 percent of New Zealand's population claim at
least one ancestor from the country's indigenous Maori or
Morioni minorities.  Despite a legal prohibition on
discrimination, significant portions of the indigenous
population remain marginally educated and economically
disadvantaged.  Maori experience high rates of infant crib
death and child abuse and are less likely to graduate from high
school.  A relatively high percentage of Maori are unemployed
and receive state assistance.  Maori also figure
disproportionately in crime statistics and among the prison
population.
In 1975 a special tribunal was empowered to hear Maori tribal
claims to land and other natural resources stemming from the
Treaty of Waitangi.  While major agreements between the
Government and Maori leaders resolving Maori claims to fishing
rights have been reached, progress on resolving land disputes
has been slow.  In early December, the Government proposed a
package  of around $612 million to settle all outstanding Maori
land claims.
Government policy recognizes a special role for indigenous
people and their traditional values and customs, including
cultural and environmental attitudes that have an impact on
issues of commercial development.
     People with Disabilities
The Human Rights Act prohibits discrimination on the grounds of
physical and intellectual or psychological disability or
impairment.  The Disabled Persons Community Welfare Act of 1976
mandates community support, equipment, access to buildings,
transportation to treatment centers and places of employment,
and guidelines for modifications to workplaces and homes, and
there are provisions in place for the delivery of these
services.  In December the Human Rights Commission ordered
Stagecoach Wellington, the city bus company, to cancel an order
for 40 buses deemed insufficiently accessible to persons with
physical disabilities.
Section 6  Worker Rights
     a.  The Right of Association
New Zealand workers have unrestricted rights to establish and
join organizations of their own choosing and to affiliate these
organizations with other unions and international
organizations.  The principal labor organization, the New
Zealand Council of Trade Unions (NZCTU), is affiliated with the
International Confederation of Free Trade Unions (ICFTU).  A
second, smaller national labor federation, the New Zealand
Trade Union Federation (TUF), was established in 1993.  There
are also a number of independent labor unions.
Labor organization is rudimentary in the New Zealand dependency
of Tokelau (population 1,800) and in the Freely Associated
State of Niue (population 2,000).  In the more developed New
Zealand Associated State of the Cook Islands (population
18,000), most workers in the public sector, the major employer,
belong to independent local unions inspired by New Zealand
models.  Industrial relations in the Cooks are governed by a
simplified version of older New Zealand legislation.
The law protects unions from governmental interference,
suspension, and dissolution.  Unions, in fact, influence
legislation and government policy.  They operate independently
of political parties but can and do support parties whose
policies they favor.  Some unions are affiliated with the
opposition Labour Party.  They have and freely exercise the
right to strike.
The law prohibits strikes designed to force an employer to
become party to a multicompany contract.  Under the Police Act
of 1958 and amendments, "sworn police officers," i.e., all
uniformed and plainclothes police but excluding clerical and
support staff, are barred from striking or taking any form of
industrial action.  Police, however, do have freedom of
association and the right to organize and to bargain
collectively.  Issues which cannot be settled between the
Police Association and management through negotiation are
subject to compulsory, final-offer arbitration.
     b.  The Right to Organize and Bargain Collectively
The law provides for the right of workers to organize and
bargain collectively, and this is observed in practice in New
Zealand and its dependencies.  The law prohibits uniformed
members of the armed forces from organizing unions or
bargaining collectively.
The Employment Contracts Act (ECA) of 1991 initiated labor
market deregulation, intended to make New Zealand more
competitive internationally.  This marked a sharp break with
almost a century of prounion industrial legislation.  Under the
ECA, unions lost their special legal status and have no
inherent right to represent any particular group of workers.
The Act abolished compulsory unionism, the closed shop,
monopoly union coverage, and requirements forcing workers to
join a particular union.  As a consequence, union membership
plummeted.
Unions now represent fewer than half of all wage earners.
Under the ECA, employment relationships are based on
contracts.  Individual employees and employers may choose to
conduct negotiations for employment contracts on their own
behalf or may authorize any other person or organization to do
so as their representative.  Although choosing a union as
bargaining representative is entirely voluntary, unions have
remained the most common agent used by workers to negotiate
with employers.  Employers must recognize a representative
authorized by an employee or employees.  Neither employers nor
employees are required, however, to negotiate or to agree to an
employment contract.  In March, pursuant to a complaint by the
NZCTU, the Freedom of Association Committee of the
International Labor Organization (ILO) criticized provisions in
the ECA as contrary to ILO Convention 87 on freedom of
association and ILO Convention 98 on the right to organize and
to bargain collectively.  To obtain firsthand information on
the working of the ECA, an ILO mission visited New Zealand in
September for discussions with unions, employer
representatives, and government officials.
The Freedom of Association Committee's final report, issued in
November, recommended that the New Zealand Government keep it
informed of judicial rulings on industrial relations issues,
suggested the holding of tripartite consultations to promote
collective bargaining, criticized only the ECA's prohibition on
strikes to force a multiemployer contract, and offered the
ILO's advisory services to the Government of New Zealand.  The
Government has asked the NZCTU and the Employers Federation for
their comments on the report, but it has rejected the ILO's
criticism of the ban on strikes to force multiemployer
contracts.
The Government does not control mediation and arbitration
procedures.  The employment court hears cases arising from
disputes over the interpretation of labor laws.  A less formal
body, the employment tribunal, is available to handle wage
disputes and assist in maintaining effective labor relations.
Firing an employee for union activities is grounds for a
finding of unjustified dismissal and may result in
reinstatement and financial compensation.
There are no export processing zones in New Zealand, Tokelau,
Niue, or the Cook Islands.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor in New Zealand and
its dependencies.  Inspection and legal penalties ensure
respect for these provisions.
     d.  Minimum Age for Employment of Children
Department of Labour inspectors effectively enforce a ban on
the employment of children under age 15 in manufacturing,
mining, and forestry.  Children under the age of 16 may not
work between the hours of 10 p.m. and 6 a.m.  In addition to
explicit restrictions on the employment of children, New
Zealand's system of compulsory education ensures that children
under the minimum age for leaving school (now 16) are not
employed during school hours.  By law children enrolled in
school may not be employed even outside school hours if such
employment would interfere with their education.
     e.  Acceptable Conditions of Work
The law provides for a 40-hour workweek, with a minimum of
3 weeks' annual paid vacation, and 11 paid public holidays.
Under the Employment Contracts Act, however, employers and
employees may agree to longer hours than the 40-hour per week
standard.  While New Zealand law does not specifically provide
for a 24-hour rest period weekly, the practice is accepted by
management and labor, and it is the norm.  The government-
mandated hourly minimum wage of approximately $3.75 ($NZ 6.125)
applies to workers 20 years of age and older.  Combined with
other regularly provided entitlements and welfare benefits for
low-income earners, this wage is adequate to provide a decent
standard of living for a worker and his family.  Effective
April 1, 1994, a youth minimum wage for younger workers was
introduced at 60 percent of the adult minimum.  A majority of
the work force earns more than the minimum wage.
New Zealand has an extensive body of law and regulations
governing health and safety issues, notably the Health and
Safety in Employment Act of 1992.  Under this legislation,
employers are obliged to provide a safe and healthy work
environment, and employees are responsible for their own safety
and health as well as ensuring that their actions do not harm
others.  The New Zealand Council of Trade Unions has criticized
the Act, however, for not providing sufficient employee
involvement in workplace decisions affecting health and
safety.  Under the Employment Contracts Act, workers have the
legal right to strike over health and safety issues.  Unions
and members of the general public may file safety complaints on
behalf of workers.  Department of Labour inspectors enforce
safety and health rules, and they have the power to shut down
equipment if necessary.  The Department of Labour standard is
to investigate reports of unsafe or unhealthy working
conditions within 24 hours of notification.  Workers have the
right to withdraw from a dangerous work situation without
jeopardy to continued employment.
NICARAGU1
cTITLE:  NICACARAGUA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           NICARAGUA
Nicaragua is a constitutional democracy, with a directly
elected President, Vice President, and a 92-member unicameral
National Assembly.  President Violeta Barrios de Chamorro was
elected in a free and fair election in 1990, defeating the
incumbent Sandinista National Liberation Front (FSLN).  She has
delegated significant executive authority to her son-in-law,
Presidency Minister Antonio Lacayo.  The executive branch
coexists with an increasingly independent National Assembly,
which has become the central forum for political debate.  With
an unprecedented degree of cooperation among the FSLN, key
parties belonging to the National Opposition Union (UNO)
coalition that had supported President Chamorro's election in
1990, and several moderate parties, the Assembly passed
significant legislation on labor, civil-military relations, and
property compensation bonds, and is currently working on
constitutional reforms.
The President, in her capacity as commander in chief and
Minister of Defense, and the Ministry of Government are legally
responsible for overseeing the Sandinista Popular Army (EPS)
and the National Police, respectively.  In practice, however,
in the absence of a defense ministry, Nicaragua's security
forces continued to be led by senior officers who maintained
ideological and political links to the FSLN and who operated
with substantial institutional and legal autonomy.
Nevertheless, civilian control over the National Police was
more evident in 1994, particularly during two transportation
strikes.  Moreover, on September 2, President Chamorro signed
into law a Military Code, passed by the National Assembly,
which established institutional mechanisms intended to
strengthen civilian control of the security apparatus.  The law
provides for the retirement of current EPS Commander General
Humberto Ortega in February 1995, presidential appointment of
his successor to a term limited to 5 years, civilian court
jurisdiction over common crimes committed by military and
police personnel, prohibition of "political intelligence
activities" by the EPS's Defense Intelligence Directorate
(DID), and civilian oversight of the newly created military
social security system and of EPS-operated private
enterprises.  By the end of 1994, it was not clear whether all
of these provisions would be implemented sucessfully.
The economy is predominantly agricultural, dependent on sugar,
beef, seafood and banana exports, with some light manufacturing.
After years of hyperinflation and negative growth, the
inflation rate was about 20 percent and real growth
approximately 3 percent in 1994; per capita annual income was
estimated at $410.  Unemployment and underemployment totaled
over 50 percent, while the investment climate remained
unsettled.  Although the Government's fiscal deficit has been
cut by 80 percent since 1990, Nicaragua remained heavily
dependent on foreign aid.
The security forces persisted in committing significant human
rights abuses, although they are declining in number.  Murders,
extrajudicial killings, torture, widespread mistreatment of
detainees, and violence by paramilitary and criminal bands in
rural areas were common.  Since President Chamorro assumed
office, the focus of international attention has been on
safeguarding the human rights of former members of the
Nicaraguan Resistance (RN) since most human rights observers,
including the Sandinista human rights organization CENIDH,
acknowledge that more ex-RN than FSLN members have been
homicide victims.  The Organization of American States
International Support and Verification Commission (OAS/CIAV)
estimates that 270 ex-RN were killed from June 1990 through
1994.  The conviction rate among killers of ex-RN is so low
that a state of impunity for abuses committed against ex-RN can
still be said to exist.
The Tripartite Commission, composed of the Government, the
Catholic Church, and OAS/CIAV, has issued recommendations which
the security forces continued to resist implementing in 1994.
The Commission, whose meetings the Government convenes, met 18
times during the year, a reduction from 48 meetings in 1993,
and failed to produce any reports.
A weak judiciary continued to hamper prosecution of human
rights abusers.  An office of human rights within the Attorney
General's office, created in 1992, remained unstaffed;
discussions about creating a human rights ombudsman independent
of the executive continued during the year.  Violence against
women, including rape and domestic violence, continued to be a
serious problem, with the Government taking little effective
action to counter it.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Extrajudicial Killing
The civil war formally concluded in June 1990 with the
demobilization of the Nicaraguan Resistance.  However,
politically motivated or connoted violence continued into 1994,
as Nicaraguan society continued to be both politically
polarized and heavily armed.  The police, army, and Sandinista
militants continued to kill demobilized RN combatants, but the
number of such murders dropped from a monthly average of 6.1 in
1990 to 4.0 in 1994.  With the demobilization of the 380
Northern Front (FN-380) in April and smaller bands of rearmed
ex-RN (recontras) in August, the situation in the
trouble-ridden north calmed somewhat.  According to OAS/CIAV,
the National Police or EPS killed 7 former combatants through
November 1994, unknown assailants killed 11, and rearmed EPS
veterans (known as recompas) killed 3.  However, it attributed
the majority--23 deaths--to other ex-RN members or recontras.
The total of 44 deaths in 1994 brought to 270 the number of
ex-RN members who died under violent circumstances since the
beginning of the Chamorro administration.  OAS/CIAV and
national human rights group continued to report details of
these human rights abuses to the Government and the media.
To address the issue of ex-RN deaths, President Chamorro
established the Tripartite Commission in late 1992.  The
Commission, composed of the civilian Government, the Catholic
Church, and CIAV, issued three reports during 1993, covering
investigations of 88 deaths and including 120 recommendations
for government followup action, ranging from arrest of known
perpetrators to investigations for obstruction of justice.  Of
these, the Commission has verified that the Government complied
fully with three of the recommendations in the first report.
Consistent with an expanded mandate granted to CIAV by the June
1993 OAS General Assembly, a fourth Commission report discusses
33 additional cases of both Sandinista and ex-RN deaths, plus
an evaluation of the compliance level of all the recommendations
contained in the 1993 reports.  This report was expected to be
released in late 1994 but was delayed into 1995.  Senior EPS
and police officials continued to impede the work of the
Commission by their refusal to implement its recommendations or
respond to its requests for information.  Only a handful of
officials named in the first report, dated January 1993,
received criminal or administrative sanctions.  Although the
EPS claimed that it had punished several soldiers named by the
Commission's report as wrongdoers, by year's end the Commission
had not received any confirming documentation to this effect.
Of those perpetrators named by the Commission, CIAV later
listed five who later committed additional human rights
abuses.  They are police officers Johny Jose Rugama (cases 110
and 113), Captain Benito Diaz Perez (case 149), and Santiago
Irias (mentioned in the special case of La Trinidad in the
third Tripartite Commission report) as well as Etnio Obregon
Ruiz of the EPS (case 61).  In December the Nicaraguan
Association for Human Rights (ANPDH) released the names of four
police officials and three EPS officials who were involved in
five separate human rights incidents.  It said the military
convicted and sentenced them, but none is behind bars.  One
soldier, EPS Lieutenant Jose Antonio Barberena, had been
sentenced once before for killing a fellow soldier.  In neither
instance has he served time in prison.
Human rights groups such as CIAV and CENIDH have witnessed
continued violence in rural areas of northern Nicaragua,
primarily as a result of land disputes and criminal activity.
Since July 1993, CIAV has calculated that 45 percent of the
homicides it investigated were committed by rearmed former
Resistance members (recontras).  The majority of the victims
were demobilized resistance members or their families who lived
in the community.  CENIDH reported that during the first
quarter of 1994, there were 3 homicides of FSLN members,
bringing the total number of FSLN homicides from May 1990
through March 1994 to 169.  During the same period, CENIDH
reported that 513 "ex-RN and recontras" were homicide victims.
Due to the remoteness of many of the conflict zones, coupled
with popular fear of retribution or apparent frustration with
the inability to bring the perpetrators to justice, an
undetermined number of other deaths are believed by some
resistance members to go unreported.
Other incidents of political and extrajudicial killing dating
from 1990 remained unsolved.  On March 21, a band of renegade
recontras led by Jose "Omar" Castro kidnaped Javier Barahona, a
prominent local FSLN offical and ex-mayor of Wiwili in Juigalpa
department.  They seized Barahona from a public bus in broad
daylight and later tortured and murdered him, despite
negotiation efforts by both the church and CIAV to secure
Barahona's release.  At year's end, the authorities had not
brought Barahona's killers to justice.  In November 1991, the
Government dissolved the special presidential commission
charged with investigating the February 16, 1991, assassination
of former RN commander Enrique Bermudez, claiming a lack of
evidence.  A British investigative team found no new evidence
in 1993, and the Government took no further action in the case
in 1994.
In June 1994 a military court declared EPS General Humberto
Ortega and his bodyguards innocent of organizing or covering up
the 1990 killing of high school student Jean Paul Genie, but
declared the case still unresolved.  This followed the December
1993 decision of the Supreme Court to remand the case to the
military courts.  Several human rights groups criticized both
the Supreme Court's ruling, which rejected an appeal by Raymond
Genie, the boy's father, to order the case tried in a civilian
court, and the military court's acquittal.  They cited numerous
irregularities, including the nonadmissibility or disappearance
of certain key pieces of evidence, as well as the conflict of
interest of one of the Supreme Court judges who, after his
retirement, acted as defense attorney for the bodyguards.
Raymond Genie filed two appeals with the military court:  The
court rejected an appeal regarding the June verdict, but in
August it accepted the second, requesting the trial be sent to
the Supreme Court where the case currently awaits judgment.  At
the same time, the Inter-American Commission on Human Rights
referred the Genie case to the Inter-American Court of Human
Rights, which heard the case on November 18 on the issue of
delay of justice and is expected to render a decision in the
spring of 1995.  The Government had argued that the Court could
not rule on the murder itself, as it took place prior to
Nicaragua's acceptance of the Court's special jurisdiction.
On March 10, the Leon appellate court reinstated the 20-year
prison sentence given to former EPS Lt. Colonel Frank Ibarra,
leader of a pro-FSLN paramilitary group, Punitive Forces of the
Left (FPI), for the November 23, 1992 assassination of Dr.
Arges Sequeira Manga, then director of the Association of
Nicaraguan Confiscated Property Owners.  The same court
overturned an earlier ruling granting Ibarra immunity under an
August 1993 amnesty.  Ibarra's lawyer appealed the matter to
the Supreme Court, which had not ruled by year's end.  Ibarra
remained at large, and no apparent effort has been made to
capture him; the police at one point claimed there was no
warrant out for his arrest.  The Government petitioned the Leon
appellate court to obtain such a warrant, although it continued
to argue that Ibarra's conviction made this step superfluous.
On March 12, the EPS publicly denounced the Leon court's
ruling, claiming it would lead to instability regarding those
who had received previous amnesties from the Government.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Nicaraguan Association for Human Rights recorded 118 cases
of inhuman and degrading treatment in 1994.  In the majority of
the cases, those accused of the abuses were the National
Police, who often held the victims for days, only to release
them without formally charging them with any crime.  There were
other credible reports during the year that the police beat and
otherwise physically mistreated detainees, often to obtain
confessions.
Three nongovernmental organizations (NGO's) worked together in
1994 to improve prison conditions as a result of innumerable
complaints regarding police brutality in prisons as well as in
police holding cells.  Following complaints of mistreatment in
police detention cells, representatives from the Nicaraguan
Center for Human Rights (CENIDH) visited the holding cell of
the criminal investigation office and found the cells poorly
ventilated due in part to solid metal doors and metal sheeting
in the ceiling.
In June the prison population was 2,900, of which more than 10
percent were between ages 15 and 18, owing to the complete lack
of juvenile detention facilities.  The prisons had overcrowded
cells, medical attention was nonexistent, and there was
extensive malnutrition.  Following accusations that prisoners
received dietary intake of only 500 calories per day, the
Government announced plans to increase the budget by $1
million, allowing each prisoner an average of $0.91 per day for
food.  Ministry of Government officials stated that they did
not have sufficient funds to improve the conditions of prisons
under their jurisdiction.  The office of civil inspection for
professional responsibility of the Ministry of Government,
established in 1991, is charged with monitoring prison
conditions.  However, due to the unit's small budget and staff,
it is able to investigate few complaints.
     d.  Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention by the police were common.  The
Police Functions Law establishes procedures for the arrest of
criminal suspects, which require police to obtain a warrant
from a police official prior to detaining a suspect.  The law
requires police to notify family members of a detainee's
whereabouts within 24 hours, but the police rarely comply.
Detainees do not have the right to an attorney until they have
been formally charged with a crime.  Local human rights groups
criticized the law for providing inadequate judicial oversight
of police arrests.
The Constitution declares that all detained persons have the
right to be brought before a judge within 72 hours, but the
authorities frequently ignored this in practice.  Local human
rights groups reported that the authorities routinely detained
suspects far beyond the limits established under the
Constitution.
The civil inspection unit also monitors police wrongdoing,
including illegal detention.  Through October 1994, the civil
inspection unit received 360 complaints of abuse of power,
illegal detention, and negligence.  Victims filed 80 percent of
the complaints against the police and the other 20 percent
against prison guards, immigration officials, and other
enforcement authorities.  No internal mechanism exists to
verify what official actions, if any, the Ministry of
Government takes against these officials, once the unit submits
the complaint to it.  The location of the civil inspection unit
in the Ministry building, which during the Sandinista era was
the site of the feared Interior Ministry, is cited by members
of the unit as an intimidating factor for those seeking to
lodge complaints of police or prison abuse.
Although the Constitution provides access to legal counsel for
detainees after they have been charged with a crime, in
practice police do not act to protect this right.  The Reform
Law of Penal Procedures provides for the release on bail of
persons accused of certain crimes.  Previously, the law
permitted detainees to remain at liberty prior to trial only
for compelling personal reasons, such as ill health.
ANPDH recorded 183 complaints of illegal detention through
1994.  Over half of the incidents of illegal detention occurred
in the north central region of the country, most of which were
attributable to the National Police.  CENIDH also criticized
the police, noting that, from January 1993 to March 1994,
48 percent of all complaints involved abuses by the police.
CENIDH and other observers cited many impediments to improved
police performance and responsiveness to the public, including
the lack of professional training, low salaries, and inadequate
resources, as well as the physical remoteness of judicial
centers that prevented relatives of prisoners from personally
inquiring into the status of ongoing cases.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The judicial system, comprising both civilian and military
courts, is headed by a nine-member Supreme Court of Justice.
The Supreme Court names appeals court and lower court judges.
On December 13, 1993, the National Assembly approved the
nominations of four Supreme Court replacements, giving the
court a non-Sandinista majority for the first time since
President Chamorro took office.  Nonetheless, the inability to
obtain a working quorum hampered the work of the Supreme Court,
in part due to internal divisions in the Court and in part due
to the Assembly's refusal to act on an executive branch
nomination in May to fill a vacancy on the Court.  Two of the
nine seats on the Supreme Court remained vacant at the end of
the year.
The Ministry of Government and Attorney General's office
attempted several times during 1993 and 1994 to issue summonses
to former Sandinista Ministry of the Interior and Immigration
Service official Luis Guzman to testify in the Santa Rosa arms
cache investigation.  The Sandinista judge in charge of the
case has repeatedly failed to meet legal deadlines for
rendering a decision on whether or not the authorities should
arrest Guzman for refusing to appear for questioning.
Police authorities commonly refused to implement decisions of
lower court judges with which the police disagreed.  Many
Nicaraguans who returned to the country following the 1990
election after a decade in exile sued for the return of their
properties confiscated under the Sandinista regime.  In several
cases, after the presiding magistrate ordered the return of an
illegally confiscated property to the original owner, the
police refused to enforce eviction orders against occupants,
who were frequently prominent members of the FSLN or security
forces.  In the widely reported case of Jaime Solorzano, police
repeatedly refused to arrest the illegal occupants even after
they fired on the judge who attempted to serve the eviction
order and wounded Mr. Solorzano's son.  This case remains
unresolved.  The Inter-American Commission on Human Rights
ruled on February 1 that the Government had violated the
American Convention on Human Rights by refusing to return
properties owned by the Marin family which the Government
illegally seized in 1979.  The Libyan-Nicaraguan Friendship
Association--an arm of the Libyan Government--currently
occupies the properties.
Until the enactment of the new Military Code on September 2,
the military court system was responsible for investigating,
prosecuting, and trying common crimes committed by or against
members of the armed forces or police.  Military courts often
failed to investigate complaints or try cases against members
of the military brought under the old code.  They frequently
imposed only light sentences against soldiers, and military
authorities often failed to enforce them (see Section 1).  The
military court's acquittal of General Ortega and his bodyguards
of the murder of Jean Paul Genie and the military's lack of
compliance with the recommendations of the Tripartite
Commission are cases in point.  The new Military Code specifies
that all common crimes committed by members of the military
will be tried in civil court.  By year's end, the authorities
had begun processing three cases, two involving the police and
one involving the EPS, under the new Code.
In all criminal cases, the accused has the right to legal
counsel, and defendants are presumed innocent until proven
guilty.  Publicly funded attorneys to represent indigent
defendants do not exist.  Obtaining justice is a slow,
uncertain process, and the authorities regularly arrested
persons and held them without bail for months before they
appeared in court.  The CPDH estimated that nearly half of all
those incarcerated in the prison system had been awaiting trial
for between 6 months and 2 years.
There were no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution establishes that all persons have the right to
privacy of their family and to the inviolability of their home,
correspondence, and communications.  It also requires warrants
for searches of private homes and excludes from legal
proceedings illegally seized letters, documents, and private
papers.  However, in April the police burst into the home of
the Bishop of Leon looking for the driver of an illegally
parked truck.  The driver and two workmen were delivering
material to a nearby chapel and had sought refuge in the
Bishop's residence after being chased by the police.  The
police entered the residence without a warrant, caught the
workmen, and beat them in front of the Bishop.  The police
later released the three uncharged persons, and Vice Minister
of Government Frank Cesar personally visited and apologized to
the Bishop (the police also apologized).  The Bishop made no
formal complaint.
Article 26 of the new Military Code prohibits the Defense
Intelligence Directorate from undertaking "political
intelligence activities" and places it under the authority of
the President as head of all armed forces.  Despite the new
law, several political parties have complained that
infiltration by the DID into their groups has not ceased.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
In several instances, police and the EPS used indiscriminate or
unnecessary force, resulting in deaths or injuries to
civilians.  Despite the efforts of local human rights
organizations, the authorities took no action to discipline
senior officials nor to punish those who committed the abuses.
An EPS patrol wounded 11 persons on February 8 when it
indiscriminately opened fire with machine guns and rocket-
propelled grenades on the town of Tomayunca in the mistaken
belief that it harbored an armed recontra group.  In fact, the
group had passed through hours earlier.  Both CPDH and ANPDH
later testified to the absence of combatants in the village.
The EPS publicly acknowledged the attack and accused the patrol
leader of "negligence" but took no further action.
On May 2, some 300 police officers armed with clubs and guns
violently evicted 450 families of squatters, many of whom were
former members of the EPS and the RN, and destroyed their
makeshift homes in an area known as "Villa Reconciliacion."
The land was claimed by a cooperative represented by a former
Sandinista official, Oscar Loza, accused of murdering two
prisoners during his tenure as operations chief of the FSLN
security service.  Although the police maintained that they
were acting under official orders, the magistrate publicly
stated that he had never issued an eviction order, and the
police never produced any evidence that one existed.
A group of EPS soldiers reportedly chasing a group of local
bandits entered the village of Puerto Viejo on April 23 and
claimed that several men fired at them from the house of
Porfirio Rayo.  Mrs. Rayo later said the army opened fire
without warning, killing a stranger and her husband, mortally
wounding her 23-year-old son and injuring her two other
children.  She denied any involvement of her family in criminal
activity; investigations by ANPDH, CIAV, and CPDH supported
Mrs. Rayo's testimony.  The authorities took no action to
resolve this incident.
NICARAGU2
OdOdTITLE:  NICACARAGUA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and a free
press, and the Government in large measure respects these
rights.  Diverse viewpoints were freely and openly discussed in
public discourse, in the privately owned print media, in the
broadcast media, and in academic circles.
The news medium with the largest audience is radio, but polls
show that television is the primary source of news,
particularly in the cities.  Listeners can receive a wide
variety of political viewpoints, especially on Managua's
45 radio stations.  In 1994 there were no incidents of radio
stations being attacked or subjected to incidents of sabotage,
as occurred in previous years.  There are seven television
stations, five of which carry news programming with marked
political overtones.  The remaining two stations carry no local
news.  There is no official state censorship, nor is
self-censorship practiced.
As a consequence of the lack of complete civilian control over
the police, police harassment of journalists has continued.  In
July police attacked journalist Melba Sanchez as she covered
the assault by ex-RN members on local government buildings in
Chinandega.  The police beat her with fists and rifle butts and
destroyed her camera.  Partly as a result of this action, the
representatives of the two journalists' unions, the three main
human rights NGO's, the president of the National Assembly's
human rights commission, and the chief of police signed a
cooperative agreement for the protection of the human rights of
journalists on July 27.  In an unprecedented move, the
Inspector General of Police disciplined the officer involved in
the Sanchez beating.  The punishment of 15 days' confinement to
desk duty, however, was widely regarded as too light to be an
effective deterrent.
Freedom of the press is also potentially qualified by several
constitutional provisions, one of which stipulates that
Nicaraguans have a right to "accurate information," thereby
providing a legal basis by which the freedom to publish
information the Government deems inaccurate could be abridged.
Although the right to information cannot be subject to
censorship, there is retroactive liability established by law,
defined as a "social responsibility," implying sanctions
against irresponsibility by the press.  Finally, the
Constitution provides that "the mass media are at the service
of the national interests," implying that the Government may
suppress media activity it decides is not in the national
interest.  There were no instances of the Government citing
these provisions to suppress the media, although in early
October the Government closed down an independent news show on
government-owned Radio Nicaragua for 24 hours after it
unfavorably reported a meeting of the Social Democratic Party
attended by Minister of the Presidency Antonio Lacayo.  The
Government gave no justification for the closure, nor for the
quick reopening under heavy press pressure.
The Constitution recognizes, and the Government respects in
practice, academic freedom in higher education.
     b.  Freedom of Peaceful Assembly and Association
The Constitution recognizes the right to peaceful assembly
without prior permission.  It also recognizes the right to
public assembly, demonstration, and mobilization "in conformity
with the law."  Demonstrators must obtain permission for a
march after registering its planned size and location with
police.  The authorities routinely grant such permission.
The Constitution provides for the right to organize or
affiliate with political parties, and opposition and
independent associations functioned freely without government
interference or restriction.  Private associations do not have
legal status until they receive this designation from the
National Assembly, which it routinely confers.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right to travel and reside
anywhere in Nicaragua and to enter and exit the country
freely.  There are no government restrictions on movement
within the country.  The right of citizens to return to
Nicaragua is not specifically established in the Constitution,
but, in practice, the Chamorro Government has not restricted
anyone's return.  The Constitution provides for asylum, and
political refugees expelled from Nicaragua cannot be sent back
to the country persecuting them.  In 1994 there were no reports
of political violence against any returning Nicaraguan citizens.
In 1993 the Government attempted to strip former Red Brigade
terrorist, Alessio Cassimirri, of his citizenship and to deport
him.  Cassimirri has been accused in the 1978 murder of Italian
Prime Minister Aldo Moro.  At year's end, the Supreme Court was
still debating the case, which must decide whether the
annulment of the citizenship which the Sandinista government
granted him in 1988 was legal.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised their right peacefully to change their
government in the first election under the 1987 Constitution,
which took place in February 1990.  The 14-party UNO coalition,
the FSLN, and several smaller parties contested the election,
which international observers declared free and fair.  The
Constitution centers political power in the executive branch,
which consists of the President, Vice President, and a Cabinet
appointed by the President.  The President is both Head of
State and Head of Government, as well as commander in chief of
the defense and security forces.  Currently the President is
also Minister of Defense, but this is not constitutionally
mandated.  The Vice President has no constitutionally mandated
duties or powers.  Both are elected for 6-year terms by direct
popular vote.
The National Assembly exercises legislative power.  Its members
also serve 6-year terms.  Ninety members are elected under a
proportional representation system from nine departments or
regions; defeated presidential candidates, of which there are
two, also receive seats in the Assembly, provided they won a
certain minimum percentage of votes in the previous
presidential election.  In December 1993, the National Assembly
resumed operation following a 15-month period during which the
withdrawal of the UNO coalition, which had moved into
opposition to President Chamorro's Government, denied the
legislature a working quorum.  Deputies from the FSLN, the
center group (former UNO deputies who had defected to a
progovernment stance in mid-1992), and three parties which had
either defected or been expelled from UNO joined to reactivate
the Assembly and consider a legislative agenda that included
constitutional reform.  Although the remaining UNO members
continued to insist that only a special constituent assembly
should enact constitutional reform, the UNO deputies gradually
rejoined the Assembly in January.  Later in the year, the
coalition espoused constitutional reform by the Assembly in
which the UNO deputies participated.
Local elections held in the two Atlantic Coast departments in
February were witnessed by over 150 international election
observers and judged free and fair.
An independent branch of government, the Supreme Electoral
Council, administers elections.  All elections are by secret
ballot, with all citizens aged 16 and over having the right to
vote.  There are no restrictions in law or practice against
women, indigenous groups, or other minorities voting or
participating in politics.  A woman serves as President of the
Republic, and women hold a ministerial-level post and other
senior positions in government.  Two members of the National
Assembly are Miskitos; indigenous people are represented in
government at both the local and national levels.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Four major local nongovernmental human rights organizations
operate freely without government interference:  the Nicaraguan
Center for Human Rights, the Permanent Commission for Human
Rights, the Nicaraguan Association for Human Rights, and
Cardinal Miguel Obando y Bravo's verification commission.  In
addition, CIAV, pursuant to its expanded mandate authorized by
the June 1993 OAS General Assembly, carries out human rights
related activities covering all those affected by the
Nicaraguan civil war, whatever their political affiliation.
Human rights groups operated without impediment in Nicaragua.
However, their reports of human rights abuses committed by EPS
and police personnel to responsible officials of these
institutions or to concerned civilian authorities seldom
elicited concrete responses.  The Government took no action
regarding the unsolved March 1993 murder of CENIDH activist
Leonel Gonzalez despite repeated requests from that
organization to reopen the case.
Since its establishment in September 1992, the Tripartite
Commission has been the most effective mechanism for raising
human rights allegations to an official level and eliciting a
response from government authorities.  However, the Government
has implemented only three of the Commission's recommendations.
On December 1, police lieutenant Julio Cesar Toledo threatened
a CIAV official attempting to serve a judge's release order for
a former resistance member being illegally detained in a Somoto
prison.  The day before, Lieutenant Javier Martinez and Captain
Denis Tinoco had threatened the judge who signed the order.
Despite formal complaints lodged by both CIAV and the judge,
the three police officials received only mild administrative
reprimands.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of
"birth, nationality, political belief, race, gender, language,
religion, opinion, national origin, economic condition, or
social condition."
     Women
While there is no legal discrimination against women, they
continued to suffer discrimination in the male-dominated
culture prevalent in much of society.  Women occupy senior
positions in government, the trade union movement, and social
organizations, but are underrepresented in management positions
in the private sector.  They are the majority of workers in the
traditionally low-paid educational, textile, and health service
sectors.  A report the International Foundation for Global
Competitiveness published in August claimed that women worked
on average 21 more hours per week than men, 77 hours to
56 hours.  Moreover, the report concluded, 41 percent of all
households headed by women in 1993 lived in a state of poverty
(up from 32 percent in 1992).
In a July report covering the southwestern portion of the
country, the Nicaraguan Social Security Institute (INSSBI)
stated that "every 24 hours five women are sexually assaulted
by strangers, five more by members of their own family."  The
report claimed that the majority of the assaults took place in
the countryside and in the poorer areas of the cities.  CENIDH
quoted police statistics for 1993 of 1,741 cases of assault
against women, of which 40 percent were crimes of rape.
Because victims often were reluctant to publicize their
charges, it is likely that such abuse was significantly
underreported.
Local human rights groups reported that police sometimes
intervene to prevent injury in cases of domestic violence but
that they rarely charge the perpetrators because they consider
domestic violence a "private" crime for which the victim, not
the State, should press charges.  A victim wishing to prosecute
must first have an injury examined and registered by a forensic
doctor; women's groups complained of the scarcity and
inaccessibility of female forensic doctors.  Most domestic
violence cases thus go unreported, not only because of the
difficulty of prosecution but also for fear of spousal
reprisal.  Those cases that actually make it to court usually
result in a not guilty verdict due to judicial inexperience
with and lack of legal training related to such violence.
The Ixchen centers and the Luisa Amanda Association of
Nicaraguan Women, a Sandinista mass organization, provided
medical and psychological counseling to women, as well as legal
advice in divorce cases and to victims of rape and other
violence.  In November these groups joined with some 20 other
Nicaraguan NGO's dedicated to women's issues to create the
"Women's Network Against Violence" to promote women's rights
and to pressure the Government to ratify the Inter-American
Convention for the Prevention, Punishment, and Eradication of
Violence Against Women, which Nicaragua signed on June 9, 1994.
Judging from available statistics, women appear to have equal
or better access to education than men.  For example, net
enrollment for girls in the primary grades is 79 percent,
compared to 76 percent for boys.  An the secondary level, it is
33 percent for girls and 26 percent for boys.
     Children
Children 15 years and younger make up 46 percent of Nicaragua's
population.  The Government is publicly committed to children's
human rights and welfare, but resources for programs for
children are inadequate.  The INSSBI estimated that it receives
from 5,000 to 6,000 cases of mistreatment annually for children
under the age of 10.  The authorities conduct investigations if
a parent makes a formal complaint, but this rarely happens.
Every year the media carry stories of dozens of children
abandoned or killed by parents who are too poor or otherwise
unable to take care of them.  Because of the economic situation
of many families, thousands of children must work in the fields
alongside their parents or in the streets as vendors or beggars.
     Indigenous People
The indigenous people are concentrated in four major areas.  On
the Atlantic coast and in the eastern highlands are the Miskito
(numbering 160,000), the Sumu, the Rama, and the black Carib
(these last three exist in very small numbers).  The Government
considers these peoples identifiable tribes.
The Miskito tribe is the largest ethnic group in the North
Atlantic Autonomous Region (the RAAN, one of two such regions
created in 1987 from the former department of Zelaya).  The
indigenous people of the RAAN (the Miskito and the Sumu) have
their own political party, the Yatama, with strong
representation in regional and municipal councils.  Indigenous
people participate in government at both the local and national
levels.  However, in many instances, the Government makes
decisions at the national level without adequate departmental
or community consultation.  Therefore, as in previous years,
there were complaints that the authorities exclude the
indigenous peoples of the Atlantic coast from meaningful
participation in decisions affecting their lands, cultures,
traditions, and the allocation of natural resources.
The fledgling, Atlantic coast-based Center for Human, Citizen,
and Autonomous Rights strongly links autonomous rights with
human rights for the inhabitants of the region and contends the
central Government has granted business concessions in the
autonomous regions without consulting the two relevant regional
governments.  The 1987 autonomy law deals with the ethnic
minorities of the Atlantic Coast.  It pledges that indigenous
people shall have the right to participate in the exploitation
of the resources of the region.  While the law stipulates the
structure of the Atlantic Coast governments, it does not
outline any specific mechanism or regulations the central
Government should employ to determine use of local resources.
     National/Racial/Ethnic Minorities
Most Nicaraguans are of mixed mestizo background, and ethnicity
does not appear to be a barrier to political or economic
success.  Various indigenous groups from both the northern and
the southern Atlantic regions have criticized the Government
for its failure to expend resources in support of the Atlantic
coast population, which mainly comprises ethnic, racial, and
religious minorities (particularly, members of the Moravian
church).  Successive central governments in Managua have
traditionally neglected the minorities on the Atlantic coast.
This has often taken the form of making decisions on
exploitation of resources in the region without adequate
consultation.
     People with Disabilities
The Government has not legislated or otherwise mandated
accessibility for the disabled.  In August the FSLN's
Organization of Handicapped Revolutionaries joined with the
ex-RN-based Institute of War Victims in petitioning the Social
Security Institute to provide aid to victims of Nicaragua's
civil war--some of whom have been waiting over 30 months for
such help.  The Social Security Institute says that it pays
benefits to some 30,000 victims of the civil war, including
partly or totally handicapped victims, widows, orphans, and
mothers of war victims, each of whom receives an average of
$21 monthly.  The Institute claims that those who protested in
August either had verification cases pending or are ineligible
for the benefits because they have outside employment or other
disqualifications.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution guarantees the right of workers to organize
voluntarily in unions.  Legally, all public and private sector
workers, except those in the military and the police, may form
and join unions of their own choosing, and they exercise this
right extensively.  New unions must register with the Ministry
of Labor, which must grant legal status before they may engage
in collective bargaining; some labor groups report occasional
delays in obtaining this status.  It is likely that in some
cases, the Labor Ministry has deliberately interfered with the
already lengthy bureaucratic process to make it lengthier.
Nearly half of the work force, including agricultural workers,
is unionized, according to labor leaders.
Nicaragua's unions are independent of the Government.
Affiliation to or activity in political parties or associations
is grounds for dissolution of a trade union under the existing
Labor Code; however, the Government does not enforce this
provision.  Many unions and federations are affiliated with
political parties, most notably with the FSLN, the Nicaraguan
Socialist Party, the Christian Democratic Union, and, until
1992, the Nicaraguan Communist Party.
The Constitution recognizes the right to strike.  The Labor
Code requires a 60-percent majority of all the workers in an
enterprise to call a strike.  It also restricts strikes in
rural occupations where produce may be damaged.  Workers may
strike legally only after they have exhausted other methods of
dispute resolution, including mediation by the Ministry of
Labor and compulsory arbitration.  As a result, unions regard
these lengthy procedures as too expensive and time-consuming
and frequently ignore them when initiating a strike; this
practice continued in 1994, with the majority of strikes
declared illegal.
The Labor Code prohibits retribution against strikers and union
leaders for legal strikes.  However, this protection may not
extend to illegal strikes.  In June the Supreme Court voted to
uphold a 1993 government decision to fire 144 customs workers.
The Court justified its decision in part by citing an unrelated
1992 strike, in which the authorities claimed lives were
endangered when demonstrators blocked the runway of the
international airport.  Transportation strikes to protest high
fuel prices occurred in January and August, with relatively
little violence.
The 1994 International Labor Organization's (ILO) Committee on
Freedom of Association issued a report critical of the
Government for various 1992 arrests of union officials without
sufficient cause, who were later released without charge.  The
ILO's Committee of Experts (COE) noted that the draft text of
the new Labor Code (which the National Assembly passed on
December 22 but was not signed into law by year's end) did not
remove restrictions on the right to strike of rural workers,
grant the right to associate of public servants, or reduce the
number of workers in an enterprise required to call a strike to
a simple majority.
Unions freely form or join federations or confederations and
affiliate with and participate in international bodies.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right to bargain
collectively.  The Chamorro Government's labor negotiations
continued primarily to be ad hoc efforts to resolve pressing
labor conflicts, usually in the public sector.  Despite
unfavorable economic conditions and unfamiliarity with the
practice, following 10 years of central planning, collective
bargaining is becoming more common in the private sector.  In
1994 the ILO's COE argued that the labor law provision
requiring Ministry of Labor approval of collective agreements
violates Convention 98 on the Right to Organize and Collective
Bargaining ratified by Nicaragua in 1967.
During 1994 13 firms, employing some 5,000 workers, operated in
the single export processing zone.  Although the zone's firms
receive tax concessions, Nicaraguan law does not exempt them
from compliance with any of its labor provisions.  Nevertheless,
of the 13 enterprises, only 1 (a state-owned firm) has a
union.  Labor leaders and employers have provided conflicting
accounts as to why unions do not represent workers in the other
firms.  Labor leaders contend that employers have told workers
that they will be fired if they join a union.  Free trade zone
officials maintain that no union has received sufficient
support from the workers to allow one to form and that the
workers already receive more than adequate benefits.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there is no evidence that it is practiced.  In 1991 the
Assembly repealed the decree which empowered the police to
impose penalties involving compulsory labor, a move
specifically applauded in the ILO's 1994 COE report.
     d.  Minimum Age for Employment of Children
The Constitution prohibits child labor that may affect normal
childhood development or interfere with the obligatory school
year.  Education is compulsory to age 12, and the law prohibits
employment of children under the age of 14.  Nevertheless,
because of the prevailing economic conditions, more than
100,000 children reportedly work up to 12 hours a day.  Many
are employed on family farms.  Many children aged 10 or older
work for less than $1.00 per day on the same cotton farms,
banana plantations, and coffee plantations where their parents
are employed.  Many small children work in the busy streets of
Managua hawking merchandise, cleaning automobile windows, and
begging.  Although the Ministry of Labor rarely enforces it,
the child labor law is generally observed in the small modern
sector of the economy.
     e.  Acceptable Conditions of Work
Over the objections of the labor representatives, a commission
made up of representatives from government, labor, and the
private sector set sectoral minimum wages in mid-1991.  The
labor groups argued that the monthly minimum wage rates
(ranging from $30 in the agricultural sector, through $39 for
central government employees, to $65 in the banking sector)
were inadequate, given the high cost of living.  According to a
1991 estimate by the Government's National Commission on the
Standard of Living, the minimum wage did not provide a family
of four with the income to meet its basic needs.  Enforcement
of the minimum wage is lax, and some employers reportedly pay
less, particularly in the agricultural sector.  However,
Ministry of Labor surveys indicated that some 86 percent of
urban area workers earned more than the minimum wage.
The Constitution establishes an 8-hour workday with weekly rest
and establishes the right to a safe and healthy workplace.  The
standard legal workweek is a maximum of 48 hours, with 1 day of
rest.
The Ministry of Labor's Office of Occupational Health and
Safety is responsible for verifying compliance with health and
safety standards.  The Office lacks adequate staff to enforce
these extensive standards.  The ILO's COE criticized the
Government for the Ministry's failure to enforce standards
Nicaragua has committed to implement regarding the threat of
occupational cancer, including measures for special protection
for workers at risk and periodic medical examinations of these
workers during and after their exposure.  Workers have no
specific right to remove themselves from dangerous work
situations without jeopardy to continued employment.
NIGER1
mrmrTITLE:  NIGER HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             NIGER
Niger conducted its first multiparty elections in 1993, when a
coalition of eight parties joined to elect Mahamane Ousmane
President.  International observers judged both the
presidential and legislative elections to be free and fair.
The Alliance of the Forces of Change (AFC), itself a coalition
of six parties led by Prime Minister Mohamadou Issoufou, held
50 of the 83 seats in the National Assembly through September
when Prime Minister Issoufou resigned, withdrawing his party
from the governing coalition.  A new Constitution, which
established the Third Republic in 1992, provides for numerous
freedoms as well as an independent judiciary.
The Tuareg separatist insurgency in the North continued, as
ethnic minority forces attacked both civilian and military
targets, killing soldiers as well as noncombatants.  Several
rounds of negotiations mediated by France, Algeria, and Burkina
Faso failed to resolve the differences between the Government
and the insurgents.
Security forces consist of the army, the gendarmerie
(paramilitary police), and the national police.  Despite the
experience of almost two decades of military rule up to the
national conference in 1991, Niger's armed forces backed the
transition to democratic government and have accepted civilian
political authority.  On one occasion, troops intervened to
quell violence inspired by religious differences.  The
military's security zone in the Tuareg area is reportedly
established in part to obscure the army's activities from
public scrutiny.
The economy is made up largely of traditional subsistence
farming, herding, petty trading, and informal markets.  Uranium
is the most important export.  Persistent drought, low
literacy, a declining uranium market, and burdensome debt
further weakened the already troubled economy.
Government troops continued to abuse human rights.  Clashes
between security and rebel forces caused civilian deaths.
Police violated laws governing searches, treatment of
prisoners, and length of detention.  The overloaded judicial
system and delays in trials resulted in long periods of
pretrial confinement.  Societal discrimination and domestic
violence against women continued to be serious problems; the de
facto disfranchisement of many women limits their right to
change their government.  The private press and radio expanded
during 1994.  Labor unions actively bargained for wages and
better working conditions, and civic organizations organized
freely.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.   Political and Other Extrajudicial Killing
Prison officials reportedly tortured and killed two Tuareg men
in Agadez in May (see Section 1.c.).
Government armed forces killed two Muslim fundamentalists
during a melee in Bani Bangou.  Fundamentalists had killed
seven gendarmes who had been sent to arrest their leader and
later killed one militiaman in the violence that led to the
deaths of two fundamentalists.  A large force of gendarmes sent
to respond exercised restraint and negotiated the surrender of
those suspected of involvement in criminal acts.  Both
government and insurgent forces killed civilians during clashes
throughout the year (see Section 1.g.).  The Government
continued its investigation into the 1990 and 1991 incidents in
which security forces killed civilians during political
demonstrations but did not arrest or prosecute anyone by year's
end, despite its promises to do so.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
During a rebel attack on an electric plant at Tchighozerine in
August, eight rebels and several defending soldiers were
reportedly killed (see Section 1.g.).  According to reports,
gendarmes illegally took into custody the 25 Tuaregs who worked
at the plant, questioning, beating, and attempting to
intimidate them.  A company nurse suffered broken ribs.
Prisoners are segregated by sex.  Family visits are allowed,
and prisoners receive supplemental food and other necessities
from their families.  There are no reports of unduly harsh
treatment.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Constitution prohibits arbitrary detention, and
laws officially prohibit detention without charge in excess of
48 hours, police violate these provisions in practice.  If
police fail to gather sufficient evidence within the detention
period, the prosecutor gives the case to another officer, and a
new 48-hour detention period begins.
The judicial system is seriously overloaded.  There are no
statutory limits on pretrial confinement of indicted persons;
detention frequently lasts months or years.  As many as 80
percent of prisoners in Niamey are awaiting trial.  The
government created new regional tribunals to handle civil cases
on the local level.
The Government held 4 Niger citizens accused of the October
1993 hijacking of a Nigeria Airways flight for nearly 6 months
before submitting the case to judicial authorities.  More than
1 year after the event, they remain in pretrial confinement
despite the objections of local human rights groups. A fifth
Nigerien, turned over to Niger by authorities, has also been
detained for more than a year for investigation of his alleged
role in masterminding the air piracy.
The law provides for a right to counsel, although there are no
defense attorneys outside the capital.  A defendant has the
right to a lawyer immediately upon detention.  The State
provides a defense attorney for indigents.
Bail is available for crimes carrying a penalty of less than 10
years' imprisonment.  Widespread ignorance of the law and lack
of financial means prevent full exercise of these rights.
The Constitution prohibits exile, and there were no reports of
its use.
     e.  Denial of Fair Public Trial
The Constitution provides for an independent judiciary.
Defendants and prosecutors may appeal a verdict, first to the
Court of Appeals, then to the Supreme Court.  The Court of
Appeals reviews questions of fact and law, while the Supreme
Court reviews only the application of law and constitutional
questions.
Although the Supreme Court has on occasion asserted its
independence (see Section 2.b.), human rights groups assert
that family and business ties influence the lower courts and
undermine their integrity.  Judges sometimes fear reassignment
or having their financial benefits reduced if they render a
decision unfavorable to the Government, though such practices
are reportedly reduced.
A traditional chief or a customary court try cases involving
divorce or inheritance.  Customary courts, located only in
large towns and cities, are headed by a legal practitioner with
basic legal education who is advised by an assessor
knowledgeable in the society's traditions.  The judicial
actions of chiefs and customary courts are not regulated by
code, and defendants may appeal a verdict to the formal court
system.  Women do not have equal legal status with men and do
not enjoy the same access to legal redress (section 5).
The law provides that the Government constitute a State
Security Court to try high crimes against the State in secret,
although due process provisions still apply.  Civil and
criminal trials are public except in security-related cases.
Defendants have the right to counsel, to be present at trial,
to confront witnesses, to examine the evidence against them,
and to appeal verdicts.  The Constitution affirms the
presumption of innocence.
The law provides for counsel at public expense for minors and
indigent defendants charged with crimes carrying a sentence of
10 years or more.  Although lawyers comply with government
requests to provide counsel, there are generally not
remunerated by the Government.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The law requires that police have a search warrant, normally
issued by a judge.  Police may search without warrants when
they have strong suspicion that a house shelters criminals or
stolen property.  However, human rights organizations report
that police often conduct routine searches without warrants.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Government security forces and rebel Tuareg groups engaged in
bloody encounters until October when a truce was signed.  There
were numerous reports that government forces used excessive
violence against both rebels and noncombatants.  For example,
the army killed eight rebels during an attack in August on the
electric power plant at Tchighozerine in which several soldiers
were wounded.  Government forces used excessive force in
questioning civilians, particularly those of Tuareg background
(see Section 1.c.).  Human rights groups maintain that the
military established a security zone in the north to restrict
the access of journalists and to obscure its activities from
public scrutiny.  Judicial authorities deny mistreatment of
rebels detained by the courts but admit that soldiers may have
mistreated prisoners in transit from the battlefield.  Although
the Government did not expressly forbid journalists to enter
the security zone, in practice reporters seldom ventured
there.
Although some of the attacks were simple banditry, rebels
continued a pattern of attacking civilian targets to obtain
vehicles and other supplies.  In August the rebels began to
attack economic targets and government facilities in the
north.  To demonstrate the Government's inability to protect
civilians and key facilities, rebels attacked an electric power
plant, a communications ground station, and two large uranium
mines.  During these raids, rebels killed a number of civilians
as well as government troops.  Rebel raids resulted in the
death of at least 6 civilians as well as 29 government troops
and 37 rebels.  Since the Government established a security
zone in the north and restricted the access of journalists and
others, the number of casualties on all sides remains
unconfirmed.
Tuaregs raided sedentary camps of relatively prosperous
Nigerien Arabs in the North until early 1994.  Arabs, in turn,
formed militias that actively battled Tuaregs.  Human rights
groups charged that the military tolerated, and may have been
an accomplice in, the formation of these Arab militias.
Tuaregs killed a senior Arab militia leader in February.
Fearing an escalation of violence, the armed forces exercised
tighter controls over the Arab militias but continued to use
them as guides.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
While the Government did not routinely bring suits for the
apparent purpose of intimidating the press, the Government sued
a major newspaper--and later imprisoned its publisher--for
fomenting ethnic division by publishing a provocative letter
from one of its readers.  The Secretary of State of Government
(Prime Minister's Office) charged the independent paper with
fomenting ethnic division, a civil crime under Nigerien law.
Authorities detained the publisher for 35 days.  The same
publisher was sued for libel on other occasions by various
government officials, but none of the several suits has been
resolved.  In another prominent lawsuit brought by a high
ranking officer accused of plotting a coup, two newspapers were
found guilty of libel and fined.  The finances and existence of
small newspapers are threatened by such suits, although to date
no newspaper has ceased publication.
Foreign journals circulate and report freely.  However, one
foreign journalist, who entered the country without passing
through border controls, then spent 3 weeks with Tuareg rebels,
had her passport seized and was held under house arrest for 1
week.  She was questioned about rebel activity and her
intentions in Niger before having the passport returned and
being allowed to leave the country.  She was not mistreated.
The permanent Superior Council of Communication (CSC) provided
for in the Constitution is charged with guaranteeing free and
fair access to the media.  CSC members were finally elected and
installed, but the organization is hobbled by a limited budget
and lack of political direction.  The CSC's activities were
limited to granting broadcast licenses.  It granted the first
broadcasting license in February to the local affiliate of
Radio France International followed in April by a local music
and call-in station.
The most important public medium is the government-operated
multilanguage National Radio Service, which reported on
opposition activities.  The Government publishes the daily Le
Sahel and its weekend French edition.  There are 12 private
French and Hausa language and additional political party
weeklies or monthlies.  Newspapers openly criticized the
Government and gave access to publication by Tuareg and labor
leaders.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association.  Although the Government routinely grants permits
for demonstrations, it retains the authority to prohibit
gatherings either under tense social conditions or if
sufficient advance notice (48 hours) is not provided.
In April a court found 13 opposition party members guilty of
illegally carrying arms and damaging public property after
their demonstration protesting the celebration of the first
anniversary of the President's investiture.
Under the Constitution, Nigeriens may form political parties of
any kind, except those that are based on ethnicity, religion,
or region.
     c.  Freedom of Religion
The Government respects freedom of religion.  Most Nigeriens
practice Islam.  Christians (including Jehovah's Witnesses) and
Baha'i practice freely.  Foreign missionaries work freely, but
must be members of an internationally recognized organization
and registered as a Nigerien association.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law provides for freedom of movement.  Among the Hausa and
Fulani peoples in eastern Niger, some women are cloistered, and
can leave their homes only if escorted by a male and usually
only after dark.  Security forces at checkpoints monitor travel
of persons and the circulation of goods, particularly near
major population centers and sometimes demand extra payments.
Attacks by rebels or bandits on major routes to the north
severely restricted movement.  Neither emigration nor
repatriation are restricted.
There are 3,600 Chadian refugees in Eastern Niger.  In
addition, several thousand Tuaregs from Mali reside in Niger
but are not officially registered as refugees.  The Government
cooperates with the U.N. High Commissioner for Refugees and
other humanitarian organizations in assisting refugees; there
were no reports of forced repatriation of refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this right in early 1993 in three rounds of
elections judged free and fair by international observers,
after adopting a new Constitution establishing the Third
Republic in 1992.  Citizens aged 18 years and over can vote and
balloting is by secret ballot.  The Constitution provides for a
political system with checks and balances, a strong Presidency,
an ethnically representative 83-seat National Assembly, and an
independent judiciary.  Despite a worsening economic situation,
a coalition Government functioned well until a rift developed
in mid-1994 between the Prime Minister and his party and the
remainder of the coalition.  The Prime Minister took his party
out of the Government in September, leaving a new Prime
Minister from the President's party to lead a minority
Government.
Women do not traditionally play a role in politics.  The
societal practice of husbands' voting their wives' proxy
ballots effectively disfranchises many women.  This practice
was widely used in the presidential and National Assembly
elections in 1993.  In the National Assembly, 5 of
the 83 members are women, and the Government appointed 5 women
to ministerial positions.  Special electoral districts are
designed to ensure that minority ethnic groups (Toubou, Fulani,
Tuareg, and Arabs) are represented.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several independent human rights groups and associations
operate without governmental hindrance, dominant among which
are the Nigerien Association for the Defense of Human Rights,
Democracy, Liberty, and Development; the National League for
Defense of Human Rights; Adalci ("dignity" in Hausa); and the
Network for the Integration and Diffusion of Rights in the
rural milieu (known as "RIDD-FITLA").  There are several active
women's rights groups which, with the withdrawal of the draft
family code and increased intimidation, lost membership and
became increasingly beleaguered during the year (see Section
5).  The International Committee of the Red Cross is active in
Niger and Amnesty International also visited.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination based on sex, social
origin, race, ethnicity, or religion.  In practice, however,
there is discrimination against women, children, ethnic
minorities, and disabled persons, including limited economic
and political opportunities.
     Women
Despite the Constitution's provisions for women's rights, the
deep-seated traditional belief in the submission of women to
men results in discrimination in the political process (see
Section 3), in education (see below), and in employment and
property rights.  Discrimination is worse in rural areas, where
women do much of the subsistence farming as well as child
rearing.  Women have made modest inroads in civil service and
professional employment but remain underrepresented.
Women's inferior legal status, for example, is evident in that
while a male head of household has certain legal rights,
divorced or widowed women, even with children, are not
considered the head of their household.  The Government
considered a draft family code modeled on codes in other
African Muslim countries which intended to eliminate gender
bias in inheritance rights, land tenure, and child custody, as
well as end the practice of repudiation, which permits a
husband to obtain an immediate divorce with no further
responsibility for his wife or children.  In June, when Islamic
associations condemned it, the Government suspended discussions
of the proposed code.  Islamic militants reportedly threatened
women who supported the code with physical harm.
Domestic violence against women is widespread, although firm
statistics are lacking.  Wife beating is reportedly common,
even in upper social strata.  Families often intervene to
prevent the worst abuses, and women may (and do) divorce
because of physical abuse.  While women have the right to seek
redress in the customary or modern courts, few do so out of
ignorance of the legal system, fear of social stigma, and fear
of repudiation.  Women's rights organizations report that
prostitution is often the only economic alternative for a woman
who wants to leave her husband.
There continued to be isolated incidents of violence against
women attributed to religious motivation.  In one widely
reported incident in Maradi in April, religious extremists
physically abused African women wearing Western clothing
because a religious leader blamed the failure of the rains on
immoral women.
     Children
Although the Constitution provides that the State promote
children's welfare, financial resources are limited.  Only
about 25 percent of children of primary school age actually
attend school and about 60 percent of those finishing primary
school are boys.  The majority of young girls are kept at home
to work and rarely attend school for more than a few years,
resulting in a female literacy rate of 7 percent, versus 18
percent for males.  Tradition among some ethnic groups allows
young girls from rural families to enter marriage agreements on
the basis of which girls are sent at the age of 10 or 12 to
join their husband's family under the tutelage of their
mother-in-law.  There are credible reports of underage girls
being drawn into prostitution, sometimes with the complicity of
the family.
According to international experts, female genital mutilation
(FGM) is practiced by several ethnic groups in the extreme
western parts of Niger and in the far eastern areas.  While
clitoridectomy is sometimes practiced in these two groups, the
most extreme form, infibulation, is not practiced.
     National/Racial/Ethnic Minorities
Ethnic minorities--Tuareg, Fulani, Toubou, Kounouri and
Arab--continue to assert that the far more numerous Hausa and
Djerma ethnic groups discriminate against them.  The Hausa and
Djerma dominate government and business.  The Government has
supported greater minority representation in the National
Assembly and increased education and health care.  However,
nomadic peoples, such as Tuaregs and many Fulani, continue to
have less access to government services.
In July, the criminal court in Maradi condemned to life
imprisonment 42 Hausa farmers found guilty of the 1991 murder
of 103 Fulani herders.  The Hausa farmers, bent on vengeance
for the presumed murder of one of their kinsmen, slaughtered
and burned to death the Fulanis in a punitive expedition.  The
court ordered prison sentences ranging from 2 to 20 years for
an additional 14 people.
     People with Disabilities
The Constitution mandates that the State provide for people
with disabilities.  However, the Government has yet to
implement regulations which call for accessibility and
education for those with special needs.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides formal recognition to workers'
longstanding right to establish and join trade unions.
However, more than 95 percent of Niger's work force is employed
in the nonunionized subsistence agricultural and petty trading
sectors.
The National Union of Nigerien Workers (USTN), a federation
made up of 42 unions, represents the majority of salary and
wage earners; most are government employees, such as civil
servants, teachers, and employees in state-owned corporations.
The USTN and the Affiliated Teachers' Union, SNEN, profess
political autonomy, but like most unions, have informal ties to
political parties.  During the year, labor challenged the
Government on the its budget and a new law regulating strikes.
The International Labor Organization (ILO) criticized the law
requiring that all union management officials be citizens,
asserting that this provision serves to restrict the full
exercise of the right to elect representatives in full
freedom.  The Constitution provides for the right to strike,
except for security forces and police.  However, the police did
stage a brief strike in March.
Also in March, the National Assembly passed a new strike law
specifying that labor must give notice and begin negotiations
before work is stopped; that public workers must maintain a
minimum level of service during a strike; that the Government
can requisition workers to guarantee minimum service; and that
striking public sector workers will not be paid for the time
they are on strike.  The latter condition already prevails in
the private sector.
USTN staged general strikes over pay throughout the first half
of the year, and a 2-month general strike which crippled public
administration and reportedly decreased government revenue.
Critics alleged USTN corruption led it to terminate this strike
unsuccessfully, compromising future collective bargaining
power.  Information workers and researchers, customs workers,
and the transport sector each struck over unpaid wages or
working conditions.  All these strikes were legal.
The USTN is a member of the Organization of African Trade Union
Unity and abides by that organization's policy of having no
formal affiliations outside the African continent.  However, it
enjoys assistance from some international unions, and
individual unions such as the Teacher's Union are affiliated
with international trade secretariats.
     b.  The Right to Organize and Bargain Collectively
In addition to the Constitution and the Labor Code, there is a
Basic Framework Agreement, negotiated by the USTN's
predecessor, employers, and the Government, which defines all
classes and categories of work, establishes basic conditions of
work, and defines union activities.  In private and state-owned
enterprises, unions widely use their right to bargain
collectively with management without government interference
for wages over and above the statutory minimum as well as for
more favorable work conditions.  Collective bargaining also
exists in the public sector.  However, since most organized
workers, including teachers, are government employees, the
Government is actually involved in most bargaining agreements.
The USTN represents civil servants in bargaining with the
Government, and labor/management agreements apply uniformly to
all employees.
The Labor Code is based on ILO principles; it protects the
right to organize and prohibits antiunion discrimination by
employers.  Labor unions reported no such discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, except for
legally prosecuted prisoners.  There were no reports of
violations.
     d.  Minimum Age for Employment of Children
Child labor in nonindustrial enterprises is permitted by law
under certain conditions.  Children under 14 must obtain
special authorization to work, and those aged 14 to 18 years
are subject to limitation on hours (a maximum of 4.5 hours per
day) and types of employment (no industrial work) so that
schooling may continue.  Minimum compulsory education is 6
years, but fewer than half of school-age children complete 6
years of education.
The law requires employers to ensure minimum sanitary working
conditions for children.  Law and practice prohibit child labor
in industrial work.  Ministry of Labor inspectors enforce child
labor laws.  Child labor is practically nonexistent in the
formal (wage) sector, although children work in the unregulated
agricultural, commercial, and artisan sectors.
     e.  Acceptable Conditions of Work
The Labor Code establishes a minimum wage for salaried workers
of each class and category within the formal sector.  After the
January devaluation of the CFA franc and April wage scale
increases, the lowest minimum is approximately $38 (20,500 CFA
francs) per month.  Additional salary is granted for each
family member and for such working conditions as night shifts
and required travel.  Minimum wages are not sufficient to
provide a decent living for workers and their families.  Most
households have multiple earners (largely informal commerce)
and rely on the extended family for support.
The legal workweek is 40 hours with a minimum of one 24-hour
rest period.  However, for certain occupations the Ministry of
Labor authorizes longer workweeks--up to 72 hours.  There were
no reports of violations.
The Labor Code also establishes occupational safety and health
standards; Ministry of Labor inspectors enforce these
standards.  Due to staff shortages, however, inspectors focus
on safety violations only in the most dangerous industries:
mining, building, and manufacturing.  Although generally
satisfied with the safety equipment provided by employers,
citing in particular adequate protection from radiation in the
uranium mines, unions say workers should be better informed of
the risks posed by their jobs.
NIGERIA1
lTITLE:  NIGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          NIGERIA
General Sani Abacha, who seized power in a palace coup on
November 17, 1993, remained Head of State throughout 1994.
Under Abacha, the main decisionmaking organ is the
military-dominated Provisional Ruling Council (PRC), which
rules by decree.  The PRC oversees the 32-member Federal
Executive Council composed of some of Nigeria's most prominent
politicians.  Like previous military regimes, Abacha and the
PRC claimed they would eventually hand over power to a civilian
government, but the PRC did not reveal a timetable, although it
initiated a "constitutional conference" over which it had
strong influence.  Pending a new constitution, some provisions
of the 1979 Constitution were observed, although the decree
suspending it was not repealed.  The regime failed to clarify,
however, which aspects of the Constitution remained in effect.
Although the regime occasionally made reference to rights or
guarantees outlined in the Constitution to suit a particular
purpose, it just as often reminded the public of the continued
suspension of constitutional rights.
Despite several positive initial steps, the PRC showed little
respect for human rights after its first month in power, and
the political and economic climate steadily deteriorated
throughout 1994.  New political forces steadily gathered in
support of Chief Moshood K. O. Abiola, who on June 12, l993,
had won the presidential election, in what national and
international observers characterized as the most free and fair
election in Nigeria's history, but which was quickly annulled
by then military head, General Ibrahim Babangida.  In
particular, opposition figures united in a new organization
called the National Democratic Coalition (NADECO), which
campaigned for an immediate return to civilian rule through a
"sovereign" national conference.  Abiola declared himself
President of Nigeria on June 11, 1994.
The Government continued to enforce its authority through the
Federal Security System (the military, the state security
service, and the national police--all of whom were responsible
for serious human rights abuses) and through decrees blocking
action by the opposition in the courts.  Starting in May and
June, the Government cracked down hard on the opposition,
arresting NADECO members.  With Abiola in prison awaiting
trial, General Abacha convened a constitutional conference, but
the labor movement, led by the National Union of Petroleum and
Natural Gas Workers (NUPENG) and the National Labor Congress
(NLC), responded with massive strike action, demanding that
General Abacha release Abiola and hand over power to a civilian
government.  The ensuing strikes brought economic life in Lagos
and much of the southwest to a standstill for almost 8 weeks.
By the middle of September, the military Government became
increasingly confident, escalating further the crackdown on its
opponents.  In the face of the Government's tough actions, most
striking workers, fearing arrest and dismissal, soon returned
to work, and most of the fight went out of organized labor.  At
the end of the year, the economy continued its downward slide.
While Nigerian elites continued to prosper, unemployment,
underemployment, and inflation increased markedly.  Nigeria
depends on oil exports for over 90 percent of its foreign
exchange earnings and 75 percent of its budget revenues.  In
order to cope with reduced oil revenues, Nigeria implemented an
indigenous structural adjustment program (SAP) from 1986 to
1991.  While the SAP was a success in some respects, economic
conditions for the average Nigerian remained very difficult,
and successive military governments increasingly abandoned
reform by printing money that fueled inflation.
Nigeria's human rights record remained dismal in 1994.  General
Abacha's policies heightened episodic civil unrest in urban
areas.  Security forces used excessive force to control the
situation, killing and wounding a number of persons, including
peaceful protesters.  The Abacha Government regularly relied on
arbitrary detention and mass arrest as a means of silencing its
many critics.  To consolidate its hold on power, the regime in
August announced a series of harsh decrees restricting press
freedom and civil liberties which, like other military decrees,
contained clauses prohibiting judicial review of any government
action.  Security services stepped up routine harassment of
human rights and prodemocracy groups, including labor leaders,
journalists, and student activists.
Other human rights problems throughout the year included
extrajudicial killings; police torture; dangerous and
unsanitary prison conditions with many deaths; violence and
discrimination against women; and infringements on freedom of
speech, press, travel, and political and labor affiliation.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
As in previous years, police and security services commonly
engaged in extrajudicial killings and excessive use of force to
quell antimilitary and prodemocracy protests.  The most deadly
incidents occurred in July and August after the Government
deployed police and military units to put down protests in
Lagos and other cities in the southwest.  There were credible
reports that security forces may have killed from 20 to 50
people in the Lagos area alone.  Government reports of deaths
resulting from the riots were much lower, and the Government
asserted that security forces intervened only when confronted
by violent criminals.  While the victims included hoodlums and
looters, who used the protests as cover to engage in violent
criminal activities, eyewitness accounts indicated that
security forces often fired randomly into crowds, killing
innocent bystanders and peaceful demonstrators.
Nigerian human rights groups maintain that scores of people die
annually while in police custody, though there are no
definitive statistics, and the claims are difficult to
substantiate.  They are, however, accepted by the Nigerian
public and remain consistent with other credible reports of
police abuse, including the use of torture to extract
confessions.  The Civil Liberties Organization (CLO), a
nongovernmental organization (NGO), publicized the case of
Anthony Imo, who died while in police custody in February.
Police arrested Imo, a "patent medicine" seller, in Kano and
accused him of selling fake pharmaceuticals.  Reportedly
tortured by police while in custody for several hours, Imo was
taken by police to a local hospital where he later died,
apparently from brain damage.
The Government seldom holds police and security services
accountable for the use of excessive, deadly force or the death
of individuals while in custody; it made no effort to
investigate the conduct of security forces during the July and
August prodemocracy protests and denied that protesters died at
the hands of government forces.  The Government has thus
fostered a climate of impunity in which these abuses flourish.
According to the Committee for the Defense of Human Rights
(CDHR) and the CLO, in January a police patrol in Delta state
shot seven men they suspected of being armed robbers.  The
police maintain the seven fired upon them while trying to run a
checkpoint near Warri.  In an exchange of fire, the police shot
two of the men and arrested the rest of the party.  The police
then reportedly executed all seven prisoners soon after,
including a 70-year-old man.
Extrajudicial killing remained common in eastern Nigeria,
particularly as conflict between members of the Movement for
the Survival of the Ogoni People (MOSOP) and government forces
escalated throughout the year.  In April, spurred by increased
violence in the oil-producing area, the Government deployed
large numbers of police and military to Ogoniland.  Credible
reports of increased killings and beatings at police
checkpoints and other areas accompanied the deployment.  To
quell the upsurge of violence in the area, the military
administration of Rivers state promulgated a draconian decree
imposing the death sentence for "civil disturbances occasioning
death," and also for crimes such as "attempted murder."  The
administration set up a special court, the Civil Disturbances
Tribunal, to try such cases.
Human rights groups and the press corroborated MOSOP claims
that hundreds of people died in the violence which continued
unabated despite the military presence and the actions of the
Rivers state government.  The commander of the military forces
in Ogoniland, Major Paul Okuntimo, admitted publicly his forces
killed six people from June to August, stating that two were
shot when they fired on soldiers, one while trying to escape
from detention, and "the remaining three...as a deterrent to
their like."
     b.  Disappearance
There were no reports of politically motivated disappearances;
however, government detention practices have the effect of
causing many detainees to be "missing" for extended periods
(see Section 1.d.).
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The 1979 Constitution (suspended) and the 1989 Constitution
(never implemented) prohibit torture and mistreatment of
prisoners and provide criminal sanctions for such excesses, and
the Evidence Act of 1960 prohibits the introduction of evidence
obtained through torture.  Nevertheless, detainees frequently
die while in custody (see Section 1.a.), and there were
credible reports that police seeking to extract confessions
regularly beat and torture suspects.  For example, reports
circulated in September that the military beat and nearly
tortured to death detained NADECO members.  Detainees are
regularly kept incommunicado for long periods of time (see
Section 1.d.).
In its early months in power, the Abacha regime formed the
Lagos State Environmental Task Force as part of its "war on
indiscipline and corruption."  Under the direct supervision of
the Lagos state administrator, Colonel Olagunsoye Oyinlola, the
Task Force grew increasingly brutal in its attempts to rid
Lagos of illegal street traders and mountains of garbage.  Task
Force soldiers routinely beat and arrested anyone they
perceived as being "undisciplined," usually unarmed market
women and traders, but also including jaywalkers, errant
drivers, children, and young traders who hawk goods on Lagos
streets.  The Constitutional Rights Project publicized the case
of one of its lawyers, Kolawole Olaniyan, who was beaten and
horsewhipped after protesting being pressed into a work gang by
Task Force soldiers on March 16.  Armed soldiers reportedly
stopped the bus in which he was commuting and forced the
occupants to clean up piles of refuse nearby.  Soldiers also
targeted young women in short skirts or trousers, humiliating
them and sometimes stripping them naked for wearing "immodest
clothing."  The Government neither acknowledged nor denied that
such practices occurred; the perpetrators went unpunished.
Conditions in Nigeria's prisons remain life threatening.  Lack
of potable water, sewage facilities, and medical supplies
contribute to deplorable sanitary conditions.  Disease runs
rampant in the cramped, poorly ventilated facilities.  Prison
inmates are seldom allowed outside their cells for recreation,
and many must provide their own food.  In those cases, only
those with money or whose relatives bring food regularly have
something to eat.  Poor inmates rely on handouts from others to
survive.  There are credible reports that prison officials and
police deny inmates food and medical treatment as a form of
punishment or to extort money from them.  For example, the
prison authorities denied Ken Saro-Wiwa, leader of MOSOP, who
suffers from a heart condition, access to medical care and food
appropriate to his medical condition during his detainment in
January and again during his subsequent detention, while
ignoring continued requests by Saro-Wiwa's personal physician
to see him (see Section 1.d.).  There were also credible
reports that prison officials kept Saro-Wiwa in chains for at
least part of his detention.
Severe overcrowding in Nigerian prisons remains a serious
problem.  For example, Ikoyi prison in Lagos, built to house
about 800 inmates, holds over 2,000.  The CDHR estimated that
2,000 people die each year in prisons from disease, although
the Government admits only to a much lower mortality rate.  A
correspondent for the Vanguard newspaper reported the death of
40 inmates from tuberculosis in the Warri federal prison since
the end of 1993.  The Ita Oko detention camp was most likely
reopened to ease the burden on other overcrowded facilities.
The Government derives considerable savings from the practice
of leaving many children born in prison with their jailed
mothers rather than placing them in foster homes.
     d.  Arbitrary Arrest, Detention, and Exile
The regime repeatedly engaged in arbitrary arrest and detention
(see below).  Police are empowered to make arrests without
warrants if there is reasonable suspicion of an offense and
often abuse this power.  Nigerian law requires the arresting
officer to inform the accused of charges at the time of arrest
and take him or her to the station for processing within a
reasonable time.  Suspects must be given the opportunity to
engage counsel and to post bail.  However, police do not
generally adhere to these safeguards.  They often hold suspects
incommunicado under harsh conditions for extended periods
without charge; arbitrary detention occurs frequently.  Police
also commonly place relatives and friends of wanted suspects in
detention without charge in an effort to induce the accused to
turn themselves in.
The State Security (Detention of Persons) Decree of 1984
(Decree Two) provides that the Government may detain without
charge persons suspected of acts prejudicial to state security
or harmful to the economic well-being of the country.  When
invoked by the Vice President, the decree suspends the
detainee's civil liberties and precludes judicial review.  Many
Nigerians still consider Decree Two the main threat to their
basic freedoms because the judicial ouster clause encourages
arbitrary detention and fails to define what constitutes acts
prejudicial to state security or the nation's economic
well-being.
During the year, the Government expanded its authority to
detain opponents by promulgating a series of new decrees.  One
of them, Decree 11, authorizes the PRC Vice Chairman or the
Commissioner of Police to detain persons for up to 3 months.
Another, Decree 14, forbids courts to order the Government to
produce prisoners in court, effectively suspending the right of
habeas corpus.  The PRC relied heavily on arbitrary arrest and
detention throughout the year in an effort to silence its
critics.  In February, after the Government announced a ban on
regional political organizations, security forces arrested and
detained without charge retired general and former presidential
candidate Shehu Musa Yar'Adua.  In March the Government cracked
down on human rights groups' activities throughout the nation.
The authorities arrested Femi Falana, chairman of the National
Association of Democratic Lawyers and two members of the
Campaign for Democracy (CD) in Lagos on March 11, but never
charged them.  Security operatives earlier in the month
arrested Oyo state chairman of the CD, Gbenga Awosode, and
Kwara state CDHR chairperson, Josephine Okei.  Security forces
broke up an antiwar rally organized by the CD on March 15 and
arrested and detained eight CD members, including Femi Falana
and founding member Frederick Fasehun.
In the wake of protests against the constitutional conference
in May and June, the Government expanded its crackdown,
arresting hundreds of prodemocracy agitators.  In the wave of
arrests, the Government detained and charged with treason
several former senators, who declared they had reconvened the
disbanded National Assembly, including Senate President Ameh
Ebute and Senators Bola Tinubu, Polycarp Nwite, N.A. Okorofor,
and Abu Ibrahim.  They were released on bail, but the charges
against them remained pending.  The authorities also arrested
and released Tokunbo Afikuyomi, member of the disbanded House
of Representatives and former aide to General Abacha's Minister
of Foreign Affairs Baba Gana Kingibe, and a number of NADECO
members, such as former governor of Plateau state Air Commodore
Dan Suleiman; former governor of Benue state Air Commodore
Jonah Jang; former governor of Anambra state C.C. Onoh; former
governor of Oyo state Bola Ige; and the highly respected
politician and statesman, Anthony Enahoro.  The authorities
detained human rights figures around the country, including CD
chairman and NADECO member Beko Ransome-Kuti, who went on a
hunger strike to protest the conditions of his detention.
The Government arrested on charges of treasonable offenses in
late June Chief Moshood K.O. Abiola, widely believed the winner
of the annulled June 12, 1993, elections, who declared himself
President and Commander in Chief of the Armed Forces of
Nigeria.  The Government kept Abiola in isolation for weeks
before moving him to Abuja and commencing his trial (see
Section 1.e.).  Credible reports emerged that Abiola had been
humiliated while in custody, and that his family and doctor
were only sporadically allowed access to him.  In September the
regime allowed Abiola's personal physician and other doctors to
examine him.  Despite the doctors' findings of a serious heart
condition, the regime refused pleas from his family and others
that he be released for urgent tests that could be performed
only in Lagos or abroad.
In August and September the regime continued to silence
opposition to its rule.  It arrested again Chief Anthony
Enahoro on August 18, jailing him in the Port Harcourt prison.
His family complained that security forces refused them access
to see him and that his doctor was unable to assess the
75-year-old Enahoro's medical condition.  Enahoro was released
without charge in late December after being moved to the Port
Harcourt military hospital.  Beko Ransome-Kuti was again
arrested without charge on September 15, after security
operatives entered the offices of the CDHR with a warrant and
seized a number of documents.  After holding Ransome-Kuti
incommunicado for 1 week, the Government charged him with
writing threatening letters to the managing directors of Agip
and Shell oil companies and released him on bail.  In early
November, the federal High Court in Lagos ruled that only the
federal Attorney General could prosecute cases of treasonable
felony, and that because the Government's case against
Ransome-Kuti had been filed at the state court level, it was
invalid.  The Government ignored the ruling, rearresting
Ransome-Kuti on November 9, this time also accusing him of
receiving 6 million Naira from Abiola to "bomb government
installations and strategic buildings."  The new Attorney
General of the Federation, Michael Agbamuche, defended the
Government's actions, saying that the Government had the right
to overturn judicial decisions "in certain circumstances."
Ransome-Kuti was released on bail soon after, and the case
continued at year's end.  Noted civil rights activist and
lawyer Gani Fawehinmi was arrested on October 1 after
announcing the formation of a new political party, the National
Conscience (NC).  He was released several days later.
Throughout the year, government forces harassed and detained
from time to time other members of MOSOP, including Ken
Saro-Wiwa's brother, Owens Wiwa.  Saro-Wiwa also remained in
prison at year's end, without access to a lawyer, his family or
a doctor.  In November the Government announced the formation
of a military tribunal to try Saro-Wiwa and other MOSOP members
for complicity in the murders of four Ogoni chiefs (see Section
The labor movement confirmed that the following labor leaders
were in detention at year's end:  Frank Kokori, General
Secretary of NUPENG; R. Addo, first president of the Petroleum
and Natural Gas Senior Staff Association (PENGASSAN); P.
Aidelomon, a PENGASSAN branch chairman; Wariebi Kojo Agamene,
president of NUPENG; and Olu Aderibegbe, Chairman of the Edo
state NLC.
The above cases were not isolated.  The Government routinely
detained human rights monitors, journalists (see Section 2.a.),
and political opponents throughout the year for making or
publishing statements critical of the Government.  Most often
the authorities did not charge the detainees with a crime, held
them for brief periods, and questioned them about their
activities and statements.  Nigeria's total prison population
is estimated at 65,000.  Human rights groups estimate that as
much as 46 percent of this population awaits trial.  A precise
figure for the number of persons detained without charge is
unavailable, and there are no credible estimates of the number
of political detainees.
There were no known instances of forced exile as a means of
political control, although several NADECO members were in
self-imposed exile in the United States and the United Kingdom
at year's end.
     e.  Denial of Fair Public Trial
In its efforts to suppress opposition to its rule, the regime
first bypasssed the regular courts in favor of "tribunals" and
then declared itself above the law by prohibiting court review
of any government action (see below).
Decree One of 1984, the Basic Constitution (Modification and
Suspension) Decree, the first decree promulgated by the
military officers who overthrew the civilian regime of
President Shagari in 1983, left the institutional framework of
the judiciary relatively intact.  However, it established a
parallel system of military tribunals with sole jurisdiction
over certain offenses, such as coup plotting, corruption, armed
robbery, and illegal sale of petroleum.  A 1991 decree amended
Decree One by providing that only sitting or retired civilian
judges may preside over tribunals hearing nonmilitary cases.
The PRC retained the tribunal framework.
In most cases before the tribunals, the accused have the right
to legal counsel, bail, and appeal, though some tribunals
substitute a presumption of guilt for the presumption of
innocence, and conviction rates in the tribunals reportedly
exceed conviction rates in the regular courts.  Sentences are
generally severe.  The Government's reliance on tribunals,
which operate outside the constitutional court system,
seriously undermines the judiciary's independence and often
results in legal proceedings that deny defendants due process.
The Government's frequent refusal to respect court rulings also
undercuts the independence and integrity of the judiciary.  In
November the federal Government circumvented a ruling by the
Kaduna High Court granting Abiola bail by filing an appeal to
the Supreme Court, further calling into question the relevance
of judicial decisions.  The Government ignored court orders in
July requiring that it allow Punch, a daily newspaper closed
down by security forces, to reopen.  In August a federal High
Court ruled the Government in contempt of court for ignoring
the ruling.  The Court declared the closure of the paper
illegal and unconstitutional and ordered the police to vacate
the premises, which they did after an additional 11 days.
Within 2 weeks, the Government shut down Punch by decree.
Seriously damaging the shred of credibility the judiciary
retained, the regime in August declared itself above the law.
Decree 12 of 1994, enacted on August 18, states that "no act of
the federal military government may be questioned henceforth in
a court of law," and "divests all courts of jurisdiction in all
matters concerning the authority of the federal government."
When Attorney General Olu Onagoruwa criticized the decrees as
being unconstitutional, the PRC fired him.
The regular court system is composed of both federal and state
trial courts, state appeals courts, the federal Court of
Appeal, and the federal Supreme Court.  Under the 1979
Constitution, courts of the first instance include magistrate
or district courts, customary or area courts, Shari'a (Islamic)
courts, and for some specified cases, the state high courts.
The nature of the case usually determines which court has
jurisdiction.  In principle, customary and Shari'a courts have
jurisdiction only if both plaintiff and defendant agree to it.
In practice, fear of legal costs, delay, and distance to
alternative courts encourage many litigants to choose these
courts.
Criminal justice procedures call for trial within 3 months of
arraignment for most categories of criminals.  Inefficient
administrative procedures, petty extortion, bureaucratic
inertia, poor communication between police and prison
officials, and inadequate transportation continue to result in
considerable delays, often stretching several years in bringing
suspects to trial.
Trials in the regular court system are public and generally
respect constitutionally protected individual rights, including
a presumption of innocence, the right to be present, to
confront witnesses, to present evidence, and to be represented
by legal counsel.
There are no legal provisions barring women or other groups
from testifying in civil court or giving their testimony less
weight.  The testimony of women is, however, accorded less
weight in Shari'a courts.  There is a widespread perception
that judges are easily bribed, or "settled," and that the
courts cannot be relied upon to render an impartial judgment.
An internal government report submitted to General Abacha in
June, later printed in the press, called the judiciary a
"disaster institution" and recommended that the federal
Government correct the institution's lack of independence and
funding, as well as put an end to corruption and bribery among
judges.
The number of political prisoners (as distinct from political
detainees) held by the Government was also unknown.  At year's
end, M.K.O. Abiola remained in prison, despite a November
ruling by the Kaduna federal High Court of Appeals granting him
bail on the condition that he "not disturb the peace."  The
regime refused to honor the ruling, however, and appealed the
decision to the Supreme Court.  Abiola's trial on treason
charges remained suspended indefinitely on orders from the
regime.  Other long-term political detainees, such as Ken
Saro-Wiwa, continued to be held without trial.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Provisions of the 1979 and 1989 Constitutions provide for the
rights to privacy in the home, in correspondence, and in oral
electronic communications.  However, the military Government
regularly interfered in the lives of its citizens, and if the
authorities desired to use a warrant in a particular search
case, they often secured it from a military tribunal rather
than a regular court.  Human rights leaders reported that
security agents regularly followed them and cut or tapped their
organizations' telephones.
NIGERIA2
LrLrTITLE:  NIGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
There is a large and vibrant press, which is frequently
critical of the Government.  Nonetheless, the Government
directly owns or controls many newspapers and has shut down
several others.  The Government granted broadcasting rights to
private radio stations for the first time in 1994.
Constitutional provisions providing for freedom of speech and
the press are not enforceable since no constitution is in
effect.  The Abacha regime often publicly declared its support
for these freedoms; however, the Government attempted to
confine public political dialog to the constitutional
conference.  The regime also increased its systematic
intimidation of the press through legal and extralegal means
throughout 1994.
The regime used a variety of methods to muzzle its many
critics.  In January it seized the entire print run of the
weekly newsmagazine Tell, and soon after indicted the editor in
chief of Razor magazine for sedition and three Newswatch
magazine executives on other spurious charges.  During the week
building up to the anniversary of the June 12 election, the
Government detained and otherwise harassed dozens of
journalists, along with prodemocracy activists.  Security
forces on June 11 occupied the offices of M.K.O. Abiola's
Concord group newspaper Punch, charging that the buildings were
used to store weapons.  On August 14, security forces occupied
the offices of the Guardian, Nigeria's most respected daily
newspaper, disrupting its production.
Following a number of court decisions favoring the press over
the summer, in August the Government issued a series of decrees
proscribing for 6 months three newspaper publishing houses.
These new decrees granted the Abacha regime and its agents
legal immunity from challenges to any actions taken to
implement the decrees, even when the action predated the decree
itself.  In December the Government extended the decrees
indefinitely.
The Government also summarily deported foreign journalists,
including two correspondents of Cable News Network.
The military Government used a number of other means to
intimidate the press.  These included a regulation banning
government offices from advertising in nongovernment media,
periodic directives to government offices forbidding the
purchase of certain publications, personal attacks in
government-controlled media against journalists and others who
challenged government policies, and threats of harassment
against potential advertisers and financial backers of
antigovernment newspapers and magazines.
While academic freedom is generally respected, the military
Government closed universities sporadically due to continued
social unrest and strikes by the Academic Staff Union of
Universities and other university unions calling for
implementation of the June 12, 1993, elections, a return to
civilian democracy, and improved funding for the university
system.  Some student groups believe university authorities
follow government directives to suspend or expel activist
students.
     b.  Freedom of Peaceful Assembly and Association
The two Constitutions provide citizens the right to assemble
freely and associate with other persons in political parties,
trade unions, or other special interest associations.  However,
the Government proscribed all political activity one day after
coming into power in 1993.  On August 17, General Abacha
announced that "individuals or groups may henceforth canvass
political ideas, but they cannot form political parties for
now."
Permits are not normally required for public meetings indoors,
and permit requirements for outdoor public functions are often
ignored.  However, the Abacha Government retained the authority
of Decree Five of the Babangida government, which banned
gatherings whose political, ethnic, or religious overtones
might lead to unrest.  Open-air religious services away from
places of worship remain prohibited in most states due to
religious tensions in various parts of the country.
Religious, professional, and other organizations need not
register with the Government and are generally permitted free
association with other national and foreign bodies.  The PRC
retained a ban on several political organizations which it
contended were founded primarily along ethnic, tribal,
religious, or other parochial lines for the purpose of
sponsoring various political candidates.
     c.  Freedom of Religion
Decree One (suspending most of the 1979 Constitution) and the
suspended 1989 Constitution prohibit federal and state
governments from adopting an official state religion.  The PRC
reaffirmed the secular nature of the State in its instructions
to the constitutional conference.  The 1979 and 1989
constitutional provisions for freedom of belief, practice, and
education in regard to religion are generally respected.  The
Government instituted a ban in 1987 (which is still in effect)
on religious organizations on campuses of primary schools,
though individual students retain the right to practice their
religion in recognized places of worship.
Distribution of religious publications is generally
unrestricted.  There is a lightly enforced ban on published
religious advertisements, and religious programing on
television and radio remains closely controlled by the
Government.  Both Christian and Muslim organizations allege
that the Ministry of Foreign Affairs and the Immigration
Department continue to restrict the entry into the country of
certain religious practitioners, particularly persons suspected
of proselytizing.  While it has not officially outlawed the
practice, the Government discourages proselytizing in the
belief that it stirs up religious tensions, particularly in the
north.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The two Constitutions entitle citizens to move freely
throughout the country and reside where they wish.  However,
increasing violent crime in many parts of the country prompted
police to set up roadblocks and checkpoints, where officials
commonly engaged in extortion, violence, and excessive use of
force.
Those Constitutions also prohibit expulsion or the denial of
exit or entry to any Nigerian citizen.  However, women must
often provide permission from a male family member before they
are granted a passport, and the Government, like its
predecessors, occasionally prevented travel for political
reasons.
For example, in July the Government seized the passport of an
opposition leader, Chief Sobo Sowem Imo, as he attempted to
exit the country through the Lagos airport.  In September the
Government confiscated the national passport of noted social
critic and Nobel Laureate Wole Soyinka, who, a few days before,
had filed a suit against the Abacha regime challenging its
legal right to rule.  In October immigration authorities again
prevented Soyinka from leaving the country, seizing the U.N.
laissez-passer issued to him as a UNESCO goodwill ambassador.
Soyinka subsequently left the country clandestinely.  In
November the Government seized Bar Association President
Priscilla Kuye's passport, preventing her from traveling after
she had already boarded an international flight.
Journalists reported harassment at the nation's airports by
security officials throughout the year, including having to
fill out a special exit and entry form detailing their
movements abroad, reasons for making their trip, and friends
and associates overseas.  Security officials temporarily
confiscated the passports of journalists who refused to
complete the form.
Nigerian law and practice permit temporary refuge and asylum
for political refugees from other countries.  The Government
cooperates with the Lagos office of the United Nations High
Commissioner for Refugees (UNHCR) in dealing with  an estimated
3,000 Liberian and an undetermined number of Chadian refugees.
There were no reported cases of forced repatriation of refugees
in 1994.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens could not exercise this right in 1994, and there was
little indication that General Abacha's military regime was
willing to permit them to do so on any basis other than a
process tightly controlled by the regime.  Throughout the year,
the regime committed numerous, repeated, and egregious human
rights abuses in its effort to prevent citizens from opposing
it by peaceful political means.
After coming to power, the Provisional Ruling Council headed by
General Abacha promised a return to civilian, democratic rule
but did not provide a timetable.  The regime instead announced
the convening of a constitutional conference to prepare a
transition program.  Citizens were not to be given the
opportunity peacefully to change their government at any level
until the constitutional convention completed its work.  As
protests against the regime mounted in May and June, the
Government arrested a number of ex-politicians who attempted to
reconvene disbanded democratic institutions.  Those arrested
included Chief M.K.O. Abiola, the acclaimed winner of the
aborted June 12, 1993, election, who declared himself President
on June 11.
In July the National Union of Petroleum and Natural Gas Workers
called a strike demanding that General Abacha release Abiola
and hand over power to a civilian government.  Other unions
joined NUPENG, and the ensuing strikes brought life in Lagos
and much of the southwest to a standstill for almost 8 weeks,
while rioting and civil disobedience erupted throughout the
country, particularly in the southwest.  By September the
regime cracked down on its opponents, and most elements of
resistance dissolved.  As noted, it committed numerous,
repeated, and egregious human rights abuses in its effort to
prevent citizens from opposing it by peaceful political means.
At the end of the year, the regime continued to consolidate its
hold on power, although General Abacha indicated that he might
lift the ban on political activity early in the new year.  He
also repeated his commitment to "respect the decision of the
constitutional conference" regarding a transition to civilian
rule, but stated that the Government "reserved the right" to
review any decision made by the conference.  His promises
encouraged many members of the so-called political class to
form associations and quasi-political parties in anticipation
of another transition program.  However, most Nigerians,
preoccupied by increasing economic hardship and ethnic
polarization, and weary of repeated military promises of
democratic rule, remained politically impassive.
Nigerian politics remain dominated by men.  However, there are
no legal impediments to political participation or voting by
women or any other minority group.  One woman served in the
91-member Senate, and 6 women served in the 589-member House of
Representatives.  There is one woman in the PRC's Federal
Executive Council.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government permitted local human rights groups to operate
but often interfered with their activities, detaining their
members and preventing them from criticizing the Government's
human rights record (see Sections 1.d. and 2.a.).  High-level
government officials regularly denounced the activities of
Nigeria's human rights community, often accusing its members
and the independent press of participating in foreign-inspired
plots to destabilize the country.
Notwithstandng the Government's hostile attitude, human rights
groups remained engaged in a vocal and public campaign for the
promotion of human rights.  Among the most active are:  The
Civil Liberties Organization; the Committee for the Defense of
Human Rights; the Campaign for Democracy; the Constitutional
Rights Project; the National Association of Democratic Lawyers;
Human Rights Africa; the Legal Research and Resource
Development Center; the National Association of University
Women; the International Federation of Women Lawyers; and the
Human Rights Committee of the Nigerian Bar Association.  A
number of prominent authors, including Nobel Laureate Wole
Soyinka, artists, educators, and jurists, in addition to
professional and labor organizations, spoke out frequently on
human rights issues as well.
The Government sometimes prevented foreign human rights
monitoring groups and individuals from visiting Nigeria or
mistreated them while they were there.  For example, in April
the Government refused visa requests by representatives of the
Unrepresented Nations and Peoples Organization, invited by
Shell Oil and MOSOP to investigate the situation in Ogoniland.
In June security agents beat and detained for 4 days Nick
Ashton-Jones, a representative of the British environmental
awareness group Pronatura, and two Nigerian human rights
activists, Oronto Douglas and Uche Onyeagocham, reportedly for
meeting with detained MOSOP secretary Leedum Mitee in Port
Harcourt.  The Government admitted Amnesty International
representatives to the country in December but denied them
access to detainees.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Both the 1979 and 1989 Constitutions provide citizens the right
to freedom from discrimination based on "community, place of
orgin, ethnic group, sex, religion, or political opinion."
However, customary and religious discrimination against women
persists, while tension between the Government and disaffected
minority ethnic groups is on the rise.
     Women
There are no laws barring women from particular fields of
employment, but women often experience discrimination because
the Government tolerates customary and religious practices
which adversely affect them.  While the number of women in the
formal sector increases every year, women do not receive equal
pay for equal work and often find it extremely difficult to
acquire commercial credit or obtain tax deductions or rebates
as the heads of households.  While some women have made
considerable individual progress, both in the academic and
business world, most are underprivileged.  Though women are not
legally barred from owning land, under customary land tenure
systems in some parts of Nigeria only men own land, and women
gain access to it through marriage or family.  In addition,
many customary practices do not recognize a woman's right to
inherit her husband's property, and many widows are rendered
destitute when their in-laws take virtually all of the deceased
husband's property.  In other areas, the widow herself is
considered part of the property, and she too may be "inherited"
by the husband's eldest male relative.  Polygyny is widely
practiced among all ethnic groups in both Christian and Islamic
communities.
Reports of wife abuse are common, especially wife beating in
polygynous families.  Police do not normally intervene in
domestic disputes, and they are seldom discussed publicly.  In
more traditional areas, it is questionable whether the courts
and police actively intervene to protect women who formally
accuse their husbands if the level of alleged abuse does not
exceed customary norms in the area.  Purdah, the Islamic
practice of keeping girls and women in seclusion from men
outside the family, is prevalent in parts of Nigeria's far
north.  Women also bear the brunt of attacks for social and
religious reasons, particularly for "immodest" or
"inappropriate" behavior.
     Children
The Government only occasionally condemns child abuse and
neglect and makes little effort to stop customary practices,
such as the sale of children into marriage.  It remains only
sporadically committed to children's welfare.  While the amount
of money spent on children's health projects has increased in
recent years, laws designed to protect the rights of children
are often obsolete, inadequate, and seldom enforced.  Although
the law stipulates that "no child shall be ordered to be
imprisoned," juvenile offenders are routinely denied bail and
incarcerated along with hardened criminals.
There are credible reports that poor families often sell their
daughters into marriage as a means of supplementing their
incomes.  There are also reports that many young girls are
forced into marriage as soon as they reach puberty, regardless
of age, to prevent "indecency" associated with premarital sex.
The Government publicly opposes female genital mutilation
(FGM), and Nigeria cosponsored a resolution at the 46th World
Health Assembly calling for the elimination of harmful health
practices, including FGM.  However, it has taken no action to
abolish the procedure, and nearly all ethnic groups subject
young females to it.  Nigerian experts estimate that as many as
50 percent of Nigerian women, primarily in the Christian south
but less in the Muslim north, have undergone FGM, which varies
from simple removal of the clitoral hood or labia minora to
excision of the clitoris and the most painful and harmful form,
infibulation.
The age at which females are subjected to FGM varies from the
first week of life to after a woman delivers her first child.
The federal Ministry of Health and NGO's sponsor public
awareness and education projects to inform communities of the
health hazards associated with FGM, and the press openly
condemned the practice on a number of occasions.
     National/Racial/Ethnic Minorities
There is no official policy of discrimination against any of
Nigeria's 250 ethnic groups, and laws do not favor one group
over another.  However, Nigeria has a long history of tension
among its diverse ethnic groups.  Clashes continued between
rival ethnic groups in Delta, Rivers, Benue, Cross River, and
Taraba states, often resulting in bloodshed.  Tradition
continues to impose considerable pressure on individual
government officials to favor their own ethnic group, and
ethnic favoritism persists.  The Ogoni, an ethnic group
indigenous to Rivers state in eastern Nigeria (Nigeria's
oil-producing region), maintain that the Government continues
to engage in a systematic campaign to deprive them of their
land and its wealth.
The Ogonis claim that the Government seizes Ogoni property
without fair compensation, ignores the environmental impact of
oil production on Ogoni land, and fails to provide adequate
social services, such as water and electricity.  MOSOP, which
campaigns for greater Ogoni autonomy, often describes
government policy towards the Ogoni as genocide.  The
confrontation between the Government and the Ogoni has
increasingly turned violent (see Section 1.a.), and Ogoni
concerns about environmental degradation and the quality of
social services in the oil-producing region have some merit.
Despite this, accusations that the Government is engaged in a
genocidal campaign against the Ogoni are unfounded.
Other ethnic minorities, particularly in Delta, Rivers, and
Akwa Ibom states, have echoed Ogoni claims of environmental
degradation and government indifference to their development.
Groups such as the Ijaw, Itsekiri, and Urhobo have grown
increasingly vocal in expressing their unhappiness, while the
prevalence of ethnic conflict and confrontation with government
forces increased in these areas.
     Religious Minorities
Nigerian law prohibits religious discrimination.  Nonetheless,
it is commonly reported that government officials often
discriminate against persons practicing a religion different
from their own.  Religious tensions often lead to violence, as
in April when clashes between Muslims and Christians in the
northern city of Jos resulted in hundreds of deaths and the
partial destruction of the city's main market.  A predominantly
Christian city in a Muslim-dominated part of the country, Jos
had long been championed as an example of Nigerian religious
tolerance.  Residents in an overwhelmingly Christian part of
the city rioted when the military administrator of Plateau
state (a Muslim from Kano) chose a Muslim rather than a
Christian for the position of local government administrator.
In September Muslims attacked and killed some Christian
residents of the northern town of Potiskum, capital of Yobe
state.  In response, the Christian Association of Nigeria
issued a strong statement condemning the killings and alleging
official indifference to the incident.
     People with Disabilities
While the Government called for private businesses to institute
policies ensuring fair treatment to the 2 percent of the work
force that it claims is disabled, it has not enacted any laws,
including on accessibility to buildings and public
transportation, nor formulated any policy which specifically
ensures the right of the disabled to work.
Section 6  Worker Rights
     a.  The Right of Association
The Abacha Government has left basic labor legislation in
place, essentially the 1974 Labor Decree.  However, there are
no constitutional safeguards preventing the Government from
interfering in the administration of labor unions, and the
Government added new decrees further restricting worker
rights.  Nigeria has signed and ratified the International
Labor Organization's (ILO) Convention on Freedom of
Association.  On November 3 and 4, the ILO Committee on Freedom
of Association heard a complaint by the International
Confederation of Free Trade Unions, the World Confederation of
Labor, and the Organization of African Trade Union Unity
against the Nigerian Government's labor policy.  The ILO ruled
that the Government's interference in the administration of
labor unions and its restriction of worker rights is in direct
contravention of ratified conventions.  The Committee
recommended that the Government remove appointed administrators
from labor bodies, restore suspended union executives and allow
them access to the premises of union headquarters, and restore
dues check-off.  At year's end the Government had not responded.
Workers, except members of the armed forces and employees
designated essential by the Government, may join trade unions.
Essential employees include firefighters, police, employees of
the central bank, the security printers (printers of currency,
passports, and government forms), and customs and excise
staff.  In May 1993, the Government promulgated the Teaching
Essential Services Decree, declaring education an essential
service.  The Decree did not, however, proscribe education
sector unions.  The National Labour Congress (NLC), Nigeria's
umbrella labor federation, has repeatedly called on the
Government to reinstate unions in all sectors of the economy
except for the armed forces, firefighters, and the police.
The vast majority (approximately 72 percent) of the work force
is employed in agriculture.  Agricultural workers are not
unionized.  Most of the informal sector and practically all
small industries and businesses remain nonunionized.
Approximately 11.5 percent of the total work force belong to
unions.
In contravention of the ILO Convention on Freedom of
Association, the Government has decreed a single central labor
body, the NLC, and deregistered other unions.  Government
interference makes it difficult for the NLC to represent
Nigerian workers effectively.  The NLC claims 3 million members
out of a total work force of 30 million, but this figure is
difficult to verify.  The Government continued to resist
attempts by senior government staff to form and register as an
independent labor association the Senior Staff Consultative
Association of Nigeria (SESCAN).
The right to strike is recognized by law, except in the case of
essential services.  There are no laws prohibiting retribution
against strikers and strike leaders, but strikers who feel they
are facing unfair retribution may submit their cases to the
Industrial Arbitration Panel, whose decisions are binding on
all parties.
In 1994 the labor movement engaged in large-scale strike
action, including two general strikes, in support of K.O.
Abiola and the prodemocracy movement.  In response, the
Government enacted decrees dismissing the executives of the
NLC, PENGASSAN, and NUPENG and prohibiting legal challenges by
offended unions to these decrees.  The courts subsequently
cited the latter in dismissing an NLC legal suit asking the
courts to declare these decrees null and void.
The crippling strike by petroleum workers began on July 4 and
officially ended on August 17, when the Government dismissed
the petroleum unions' executives.  In the strike's aftermath,
the Government continued to detain petroleum union leaders,
including NUPENG General Secretary Frank Kokori and a number of
other ranking labor leaders.  By September, petroleum workers,
frustrated by a lack of support from other Nigerians, returned
to their jobs.
Under the labor laws, any nonagricultural enterprise which
employs more than 50 employees is obliged to recognize trade
unions and must pay or deduct a dues checkoff for employees who
are members.  The NLC has complained that some employers
deliberately organize their industries into multiple units
employing less than 50 workers to avoid unionization.  The
Government threatened to withdraw the dues checkoff provision
and make the payment of union dues completely voluntary if
unions pursue strikes.  This was the case in August 1993 when
the NLC called a general strike and again in September 1994 at
the conclusion of the petroleum strike.
In August 1991, the Government's Decree 32 amended a policy in
effect since 1975 that permitted international labor
affiliation only with the Organization of African Trade Union
Unity and affiliated pan-African labor federations.  Decree 32
allowed affiliation with non-African international labor
organizations, but only for training and educational
assistance.  Since Decree 32, the NLC and SESCAN opened
negotiations with the International Confederation of Free Trade
Unions seeking formal affiliation.  The removal of the NLC
executive and the protracted political confrontation have
precluded further progress on these applications.
     b.  The Right to Organize and Bargain Collectively
The labor laws provide for both the right to organize and the
right to bargain collectively between management and trade
unions.  Collective bargaining is, in fact, common in many
sectors of the economy.  Laws further protect workers against
retaliation by employers for labor activity through an
independent arm of the judiciary, the National Industrial
Court, which handles complaints of antiunion discrimination.
The NLC has complained, however, that the judicial system is
often slow to handle labor cases and that this constitutes a
denial of redress to those with legitimate complaints.
There have been no significant reforms in labor practice since
January 1991, when the Government abolished the uniform wage
structure for all government entities.  This allowed each tier
of government--federal, state, local, and state-owned
firms--freedom to negotiate its own level of wages, benefits,
and conditions of employment.  As a result, negotiations
previously conducted on a nationwide basis under the direct
supervision of the Labor Ministry, are now conducted on a
local, often plantwide, basis with less government involvement.
At year's end, there were no functioning export processing
zones.
     c.  Prohibition of Forced or Compulsory Labor
The 1974 Labor Decree and the 1989 Constitution prohibit forced
or compulsory labor.  While this prohibition is generally
observed in practice, the Lagos Task Force soldiers used forced
labor to clean up community streets (see Section 1.c.).  The
ILO, noting that with the 1989 Constitution suspended Nigeria
may not be able to enforce the ILO Convention against Forced
Labor in the absence of constitutional guarantees, pressed the
Government for its views on this point, but at year's end the
Government had not replied.
     d.  Minimum Age for Employment of Children
The 1974 Labor Decree prohibits employment of children under
15 years of age in commerce and industry and restricts other
child labor to home-based agricultural or domestic work.  The
law further stipulates that children may not be employed in
agricultural or domestic work for more than 8 hours per day.
The Decree allows the apprenticeship of youths aged 13 to 15
under specific conditions.  The Government does not
specifically regulate service of apprentices over the age of 15.
NIGERIA3
TITLE:  NIGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Primary education is compulsory, though rarely enforced, and
recent studies showed declining enrollment due mainly to the
continuing deterioration of public schools.  This lack of
sufficient primary school infrastructure has ended some
families' access to education, forcing them to place their
children on the employment market.  The ILO and the U.N.
Children's Fund, in consultation with the NLC, have concluded
that child labor, while not yet endemic, is increasing and
could become a serious problem (see Section 5).
     e.  Acceptable Conditions of Work
The 1974 Labor Decree sets a minimum wage, which is reviewed on
an ad hoc basis.  The last review in 1991 was undertaken by a
tripartite group consisting of representatives of the NLC, the
Nigeria Employers' Consultative Association, and the Ministry
of Labor.  It raised the monthly minimum wage from 250 naira to
450 naira per month, but the rapid fall in the true market rate
of the naira (down to approximately 100 to the dollar by year's
end), rendered the legislation essentially meaningless.  The
minimum wage as currently stipulated does not keep pace with
inflation and does not provide a decent living for a worker and
family.  The deteriorating economy, coupled with a high
inflation rate, has reduced the buying power of workers,
leading to a marked decline in their standard of living.  The
high inflation rate is a frequent cause of strikes demanding
large wage increases.
The 1974 Labor Decree also establishes a 40-hour workweek,
prescribes 2 to 4 weeks of annual leave, and stipulates that
workers are to be paid extra for hours worked over the legal
limit.  The Decree also states that workers who work on Sundays
and statutory public holidays must be paid a full day's pay in
addition to their normal wages.  There is no law prohibiting
excessive compulsory overtime.
The 1974 Decree contains general health and safety provisions,
some aimed specifically at young or female workers.  Employers
must compensate injured workers and dependent survivors of
those killed in industrial accidents.  The Labor Decree does
not provide workers the legal right to excuse themselves from
dangerous work situations without loss of employment.  The
Labor Ministry, which is charged with enforcement of these
laws, has been largely ineffective, and violations are common
and go largely unpunished.  The Government has failed to act on
various ILO recommendations since 1991 to update its moribund
inspection and accident-reporting program.
NORWAY1
`K`KTITLE:  NORWAY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             NORWAY
Norway is a parliamentary democracy and constitutional monarchy
with King Harald V as the Head of State.  It is governed by a
Prime Minister, Cabinet, and a 165-seat Storting (Parliament)
which is elected every 4 years and cannot be dissolved.
The police, security forces, and the military scrupulously
protect human rights.  Civilian authorities effectively control
these organizations, and investigate thoroughly any allegations
of human rights violations.
Norway is an advanced industrial state with a mixed economy
combining private, public, and state ownership.  Personal
freedoms, such as freedom of association and of speech and the
right to pursue private interests and to hold private property,
are protected by the Constitution and respected in practice.
Deeply rooted democratic principles, a strong egalitarian
tradition, an independent press, and highly developed
educational and social welfare systems have made Norway a
notable practitioner of human rights.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing

There were no reports of such killings.
     b.  Disappearance

There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of torture or other cruel, inhuman, or
degrading treatment or punishment on the part of law
enforcement or armed services personnel.  Generous furlough and
visitation rights characterize the penal system, which
emphasizes rehabilitation.  The maximum sentence for any crime
is 21 years.
     d.  Arbitrary Arrest, Detention, or Exile
Norwegian law provides for arrest warrants, which are used
except in circumstances such as hot pursuit.  Persons may be
detained for up to 4 hours without being charged.  A person
charged with a crime has the right, observed in practice, to
appear before the judge for arraignment within 24 hours.  If
charges are sustained at the arraignment, the judge then
determines whether the detainee should be kept in custody or
released pending trial.  Bail need not be posted.  A strong
case must be made to justify detention.  Possible grounds
include fear of flight, the needs of the investigation, and
fear that a detainee will commit further crimes.
Any person held in pretrial detention appears before a judge
every 4 weeks for a determination of the necessity of continued
detention.  There is no legal limit on the time a prisoner may
be held before trial; however, lengthy pretrial detention is
rare.  Preventive detention also exists but is used
infrequently.  There is no exile.
     e.  Denial of Fair Public Trial
The right to a fair, public trial is ensured by law and honored
in practice.  Only in certain cases, including those involving
state security or private family matters, are trials closed.
In criminal cases, all Norwegian citizens and aliens are
entitled to free counsel.  Indigent persons are granted free
counsel in certain civil cases as well.
Norway has a three-tiered system of district and city courts,
high courts, and the Supreme Court--all of which deal with both
criminal and civil cases--as well as special courts, including
the Labor Disputes Court and the Social Insurance Court.  The
judiciary is independent of both the legislative and the
executive branches of the Government and tries military and
security as well as civil and criminal cases.
Persons refusing both military service and alternative civilian
service have been held in prison for up to 16 months (a period
equivalent to military service) without a trial.  Detention is
based on an administrative rather than a judicial decision, and
throughout such detention the prisoner receives the salary and
benefits normally accorded to a military recruit.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The privacy of the family and the person is free from arbitrary
interference by the Government.  Police may conduct searches of
the home only with court approval and in instances of hot
pursuit or when they fear evidence is being destroyed.  There
were no allegations of forced entry into homes in 1994.  In
most cases, wiretaps are prohibited by law, but they may be
used in cases involving state security or narcotics offenses
when officially approved by the court within carefully drawn
legal guidelines.  Correspondence may be opened only by court
order in cases involving state security.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and respected in practice.  In addition to restrictions on
slander and libel, the law forbids racist or sexist remarks in
print or public speech, and it also prohibits publication of
sensitive information concerning national defense.
Norway has an active and diversified press, and many papers are
sustained by government subsidies.  Some newspapers are loosely
connected to various national political parties.  Norway's
state broadcasting company is the more prominent of two
national television networks (the other is private) but the
Government does not exercise editorial control over programming.
Private local radio stations and one private national radio
station exist, as do privately owned local and national cable
television stations.  Foreign television networks are also
available on cable throughout Norway.  The Film Control Board,
appointed by the Ministry of Culture, has authority to censor
or ban any film deemed overly violent, pornographic, or
blasphemous.  The law on blasphemy, however, has not been
invoked in over 20 years.  There is no evidence that any films
have been censored because of political content.
     b.  Freedom of Peaceful Assembly and Association
Norwegians exercise these freedoms without restraint.  Permits
for public demonstrations are granted routinely.
     c.  Freedom of Religion
The state church is the Evangelical Lutheran Church of Norway,
which is financially supported by the State, and to which some
93 percent of the population nominally belongs.  There is a
constitutional requirement that the King and half of the
Cabinet belong to this church.  The Workers' Protection and
Working Environment Act permits prospective employers to ask
applicants for jobs in private or religious schools, or in
day-care centers, whether they respect Christian beliefs and
principles.
Other denominations operate freely.  A religious community is
required to register with the Government only if it desires
state support, which is provided to all registered
denominations on a proportional basis in accordance with
membership.  Although the state religion is taught in all
public schools, children of other faiths are allowed to be
absent from such classes upon parental request.  If there are
enough students of the same faith, the school will arrange
classes in that faith.  Workers belonging to minority
denominations are allowed leave for religious holidays.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not impede foreign or domestic travel.  The
right to voluntary repatriation is guaranteed.  Refugees and
asylum seekers are provided generous benefits, including social
services, free medical care, and education while awaiting
decisions on their asylum applications.  A thorny issue in
Norway has been the Government's treatment of rejected asylum
seekers from the province of Kosovo in Serbia.  Some were
involuntarily repatriated; others were expelled to a prior
country of first asylum; and many who were denied asylum sought
and found sanctuary in the Norwegian Lutheran churches.
In 1994 the Government began implementing an agreement,
announced by the Minister of Justice in November 1993, whereby
it would review the cases of the approximately 2,500 Kosovans
in Norway whose applications had previously been rejected,
including some 650 who had taken sanctuary in Lutheran
churches.  By year's end about 1,500 of these cases had been
reviewed, and all of these were granted asylum on humanitarian
grounds except 50 or so who had criminal records or had made
serious misrepresentations or fraudulent claims.  After
Norway's November 1993 announcement a separate group of 2,500
Kosovans, whose asylum requests had been denied by Sweden,
entered Norway from there; but, with the Swedish Government's
consent, Norwegian authorities started returning them to
Sweden, and by the end of 1994 few were still in Norway.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Norway is a multiparty democracy.  Members of the Storting are
elected on the basis of universal suffrage, and secret
balloting, for citizens over age 18.  If a government loses a
vote on a major issue of confidence, it resigns and a new
government is formed, without resort to dissolution of the
Parliament and the holding of new elections.  Elections are
regularly held every 4 years.
Foreigners who have resided in Norway for at least 3 years, and
are otherwise eligible, have the right to vote in local
elections only.
In addition to participating freely in the national political
process, Norwegian Sami (Lapps) elected their own constituent
assembly, the Sameting, in 1993 for the second time.  Under the
law establishing the 39-seat body, it is a consultative group
which meets regularly to deal with "all matters which in (its)
opinion are of special importance to the Sami people."  In
practice, the Sameting has been most interested in protecting
the group's language and cultural rights and in influencing
decisions on resources and lands where Sami are a majority.
There are no restrictions, in law or in practice, on the
participation of women in government or in the political arena
generally.  Norway has a female Prime Minister, and a woman
leads the principal opposition party.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
A number of public and private organizations monitor alleged
human rights abuses either inside or, more often, outside the
country.  The Government cooperates with nongovernmental
investigations of alleged violations of human rights and, in
recent years, has cooperated with both the European Commission
of Human Rights and the United Nations High Commissioner for
Refugees.  Norway is an active participant in international
human rights organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Through a highly developed social welfare system that reflects
a long tradition of egalitarianism, the Government provides for
the health, education, retirement, and other needs of its
people, regardless of race, religion, sex, ethnic background,
physical disability, or political opinion.
     Women
The rights of women are protected under the Equal Rights Law of
1978 and other regulations.  Under that law, "women and men
engaged in the same activity shall have equal wages for work of
equal value."  An Equal Rights Council monitors enforcement of
the 1978 law, and an Equal Rights Ombudsman processes
complaints of sexual discrimination.  There were 277 complaints
in 1993 and 233 in 1994 as of November.
Crimes against women are not widespread.  Police authorities
believe that increases in reported rapes and wife beatings in
recent years have been largely due to greater willingness among
women to report these crimes.  The police vigorously
investigate and prosecute such crimes, and have instituted
special programs to prevent rape and domestic violence and to
counsel victims.  Public and private organizations run several
free shelters which give battered wives an alternative to
returning to a violent domestic situation.
     Children
The Government is highly committed to the welfare of children,
reflecting a similarly profound commitment in Norwegian
society.  An independent Children's Ombudsman Office assures
the protection of children in law and practice.
     Indigenous People
Apart from a tiny Finnish population in the northeast, the Sami
constituted Norway's only significant minority group until the
influx of immigrants during the 1970's.  In recent years, the
Government has taken steps to protect the Samis' cultural
rights by providing Sami-language instruction at schools in
their areas, radio and television programs broadcast or
subtitled in Sami, and subsidies for newspapers and books
oriented toward the Sami (see Section 3).
     National/Racial/Ethnic Minorities
There is continuing political debate on whether current
restrictions on non-Nordic immigration, in effect since 1975,
are racially motivated and whether immigrant minority groups
such as Pakistanis, Vietnamese, Turks, and Africans are
accorded equal rights by Norwegian authorities.  Eligibility
for citizenship is based on residency.  The Government provides
legal protection for the rights of all minorities and has taken
active measures to help these groups adjust to Norwegian
society, including free Norwegian-language instruction for any
foreign resident and funding of nongovernmental organizations
such as the Antiracism Center.
The Storting in 1988 significantly revised the immigration law
in order, among other things, to make the processing of refugee
and asylum cases more consistent with the provisions of the
U.N. Convention on Refugees.  The current law provides that
asylum may no longer be granted solely on humanitarian grounds
to those applicants who had been determined not to have a
well-grounded fear of persecution.  The law, while limiting the
number of those granted asylum, continues to safeguard the
rights of those asylum seekers allowed to remain in Norway.
Refugee policy continues to be a significant political issue;
some groups call for reducing the inflow of refugees and
others--human rights groups and political parties--urge the
Government to accept more refugees.
Some asylum cases have caused problems, but Norway has a
well-organized system which includes advance planning, careful
dispersion of refugees throughout the populace, and generous
welfare, educational, and vocational training programs.
     People with Disabilities
The physically disabled are fully integrated into society, and
are protected from discrimination in employment, education, and
the provision of any state service.  Accessibility is mandatory
in new construction.  In existing buildings accessibility is
mandatory if the building is refitted for new uses.
Section 6  Worker Rights
     a.  The Right of Association
The law provides workers the right to associate freely and to
strike.  Strikes in 1994 were few, brief, and settled through
negotiations.  The Government has the right, with the approval
of the Storting, to invoke compulsory arbitration under certain
circumstances.  This procedure, which was invoked several times
in the 1980's, particularly in the oil industry, was criticized
repeatedly by the Committee of Experts of the International
Labor Organization (ILO), which argued that the situations were
not a sufficient threat to public health and safety to justify
the actions.  At year's end the ILO had before it a case in
which the Seamen's Union and offshore workers accused the
Government of ordering compulsory arbitration without the
required justification.
With membership totaling about 60 percent of the work force,
unions play an important role in political and economic life,
and are consulted by the Government on important economic and
social problems.  Although the largest trade union federation
is associated with the labor party, all unions and labor
federations are free of party and government control.  Unions
are free to form federations and to affiliate internationally.
They maintain strong ties with such international bodies as the
International Confederation of Free Trade Unions.
     b.  The Right to Organize and Bargain Collectively
All workers, including government employees and military
personnel, exercise the right to organize and bargain
collectively.  Collective bargaining is widespread, with most
wage earners covered by negotiated settlements, either directly
or through understandings which extend the contract terms to
workers outside of the main labor federation and the employers'
bargaining group.  Any complaint of antiunion discrimination
would be dealt with by the Labor Court, but there have been
none in recent years.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Compulsory labor is prohibited by law and does not exist.  The
Directorate of Labor Inspections ensures compliance.
     d.  Minimum Age for Employment of Children
Children aged 13 to 18 may be employed part-time in light work
that will not adversely affect their health, development, or
schooling.  Minimum-age rules are observed in practice and
enforced by the Directorate of Labor Inspections.  Nine years
of education is compulsory in Norway.
     e.  Acceptable Conditions of Work
Normal working hours are mandated by law and limited to 37 1/2
hours per week.  The law also provides for 25 working days of
paid leave per year (31 days for those over age 60).  A 28-hour
rest period is legally mandated on weekends and holidays.
There is no minimum wage as such, but wages normally fall
within a national wage scale negotiated by labor, employers,
and the Government.  The average annual per capita income, not
including extensive social benefits, is adequate to provide a
worker and family a decent living.
Under the Workers' Protection and Working Environment Act of
1977, all employed persons are assured safe and physically
acceptable working conditions.  Specific standards are set by
the Directorate of Labor Inspections in consultation with
nongovernmental experts.  According to the Act, working
environment committees composed of management, workers, and
health personnel must be established in all enterprises with 50
or more workers, and safety delegates must be elected in all
organizations.  Workers enjoy strong rights to remove
themselves from situations which endanger their health.  The
Directorate of Labor Inspections ensures effective compliance
with labor legislation and standards.
OMAN1
lTITLE:  OMAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              OMAN
The Sultanate of Oman is a monarchy which has been ruled by the
Al Bu Sa'id family since the middle of the 18th century.  It
has no political parties or elected representative
institutions.  The current sultan is Qaboos Bin Sa'id Al Sa'id
who acceded in 1970.  Although the Sultan retains firm control
over all important policy issues, he has brought tribal leaders
and other notables into the Government.  Much decisionmaking is
by consensus among these leaders according to longstanding
tradition.  In 1991 the Sultan established a 59-seat
Consultative Council, or Majlis Ash-Shura, which replaced an
older advisory body.  Council members are selected from lists
of nominees proposed by each of the 59 wilayats (regions).
After the country's first national census in 1993, the Sultan
expanded the membership of the new Council to 80 seats.  The
Council has no formal legislative powers, but may question
government ministers and recommend changes to new laws on
economic and social policy.
The entire security apparatus falls under the authority of the
Ministry of Palace Office Affairs which coordinates all
intelligence and security policies.  The internal security
service investigates all matters related to internal security.
The Royal Oman Police performs regular police duties, provides
security at airports, acts as immigration officials, and
maintains a small coast guard.  There were no confirmed reports
indicating that these agencies were involved in human rights
abuses in 1994.
Since 1970, Oman has used its modest oil revenue to make
impressive economic progress and improve public access to
health care, education and social services.  The Government
seeks to diversify the economy and stimulate private investment.
The Government continues to restrict or deny important human
rights.  In 1994 the Government detained 200 people in
connection with an alleged plot to destabilize the country.
The Government charged 131 of these suspects with sedition and
tried them in secret before the State Security Court.  The
detentions and secret trials raised serious questions about
freedom from arbitrary arrest and the right to due process.
Other human rights restrictions included infringements on the
freedoms of expression and association.  The Government does
not guarantee full rights for workers and women.  As a
practical matter, the people do not have the right to change
their government.
Nonetheless, the Government took several steps in 1994 to
address human rights concerns.  It increased the number of
seats on the Consultative Council and allowed women to take
part in nominations for Council members.  In November the
Government selected two women to serve on the Council.  The
Government also joined the International Labor Organization
(ILO) and began to draft a new labor law that addresses worker
rights.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no confirmed reports of torture.  However, there
were unconfirmed reports that security forces physically
mistreated an undetermined number of persons arrested for
subversion.  These reports were not confirmed.
The Government severely restricts access to prisons.  However,
prison conditions reportedly meet internationally recognized
minimum standards.
     d.  Arbitrary Arrest, Detention, or Exile
In general the police obtain warrants prior to making arrests
but are not required by law to do so.  The authorities must
obtain court orders to hold suspects in pretrial detention.
Within 24 hours of arrest, the police are required to file
charges or ask a magistrate judge to order continued
detention.  The police do not always follow these procedures,
and in one confirmed case in 1994 an individual was detained
for more than 72 hours without charge.  Judges may order
detentions for 14 days to allow investigation and may grant
extensions if necessary.  There is a system of bail.
The police do not routinely notify a detainee's family or in
the case of a foreign worker, the worker's sponsor of the
detention.  The authorities post a list of persons scheduled
for trial near the magistrate court building in Muscat.  While
there were no reports of incommunicado detention in 1994, the
police do not always permit attorneys and family members to
visit detainees.  Judges occasionally intercede to ensure that
security officials allow such visits.
In May, June, and September, security forces detained at least
200 persons, and questioned at least a hundred more, for their
alleged membership in a subversive group.  The Government later
tried 131 of the detainees for conspiracy to subvert national
unity and security and the misuse of Islam (see Section 1.e.).
The authorities stated that the police obtained the necessary
court orders for the detentions and that formal charges were
brought as quickly as possible.  However, the lack of public
information about the cases has raised questions about the
possible arbitrary nature of the arrests and detentions--and
the fairness of the trials.  In December the authorities
announced that family members and friends may visit the
prisoners, but had earlier denied such visits.
The Government does not practice exile as a form of punishment.
     e.  Denial of Fair Public Trial
The judicial system does not always ensure fair trials based on
internationally accepted norms.  The judiciary comprises the
magistrate courts, which adjudicate misdemeanors and criminal
matters; the Islamic, or Shari'a, courts, which adjudicate
personal status cases such as divorce and inheritance; the
Authority for the Settlement of Commercial Disputes (ASCD); the
Labor Welfare Board; and the Real Estate Committee, which hears
tenant-landlord disputes.  A State Security Court tries cases
involving national security.  Although it is administratively
distinct from the other courts, magistrate court judges have
presided over trials in the State Security Court.
The various courts are subordinate to the Sultan and subject to
his influence.  The Sultan appoints all judges, acts as a court
of final appeal, and intercedes in cases of particular
interest, especially in national security cases.  However,
there have been no reported instances in which the Sultan has
overturned a decision of the ASCD or the magistrate courts.
The Criminal Code does not specify the rights of the accused.
There are no written rules of evidence, or codified procedures
for entering cases into the criminal system, or any legal
provision for a public trial.  Criminal procedures have
developed by tradition and precedents in the magistrate
courts.  In criminal cases, the police provide defendants with
the written charges against them, defendants are presumed
innocent, and have the right to present evidence and confront
witnesses.  The prosecution and the defense question witnesses
through the judge, who is usually the only person to question
witnesses in court.
There are no jury trials:  a single judge tries misdemeanors; a
panel of three judges tries felonies and security offenses.
Magistrate court judges must be citizens.  Public prosecutors
are senior police officers.  They may bring additional charges
after defense attorneys have inspected the charge sheet or
during trial.
A detainee may hire an attorney but has no explicit right to be
represented by counsel.  The Government does not pay for the
legal representation of indigents.  Judges often pronounce the
verdict and sentence within 1 day after the completion of a
trial.  Defendants may appeal jail sentences longer than 3
months and fines over the equivalent of $1,300 to a three-judge
panel.  Defendants accused of national security offenses and
serious felonies do not have the right of appeal.  Death
sentences, which are rare, require the Sultan's approval.
The Government tried 131 persons for subversion in secret
before the State Security Court, which issued verdicts on
November 12 (see Section 1.d.).  The Court sentenced two
defendants to death and the others from 3 to 15 years in
prison.  The Sultan later commuted the death sentences to
prison terms.  The defendants did not receive a fair trial by
international norms.
There are no known political prisoners.  However, the secrecy
of the subversion trials prevents any independent assessment of
the Government's assertion that the defendants were actual
subversives found guilty of plotting to destabilize the country.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The police are not required by law to obtain search warrants.
There is a widespread belief that the Government eavesdrops on
both oral and written communications, and Omanis are guarded in
both areas.  Citizens must obtain permission from the Ministry
of Interior to marry foreigners.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
There is no legal protection for free speech or press.  The law
prohibits any criticism of the Sultan in any form or medium.
The authorities tolerate criticism of government officials and
agencies, but such criticism rarely receives media coverage.
The 1984 Press and Publication Law authorizes the Government to
censor all domestic and imported publications.  Ministry of
Information censors may act against any material regarded as
politically, culturally, or sexually offensive.  However,
journalists and writers generally censor themselves to avoid
government harassment.  Editorials reflect the Government's
views, although the authorities tolerate some criticism on
foreign issues.  The Government discourages in-depth reporting
on controversial domestic issues, and seeks to influence
privately owned dailies and periodicals by subsidizing their
operating costs.  In late August, all four daily newspapers
reported the arrest of the 200 alleged subversives only
once--by publishing the dispatch of the government-owned Oman
News Agency without further comment.
On several occasions in 1994, the Government prohibited the
entry onto the market of several foreign newspapers.  The
authorities prevented distribution of the August 6 edition of
the London-based Arabic daily Al-Hayat, reportedly because it
contained some statements regarded as critical of the Majlis
Ash-Shura, and of the November 7 edition of the Financial
Times, reportedly because it contained an article critical of
the Government's economic policy.  Customs officials sometimes
confiscate video cassette tapes and erase offensive material.
The tapes may or may not be returned to their owners.
The Government controls the local radio and television
companies.  They do not air any politically controversial
material.  The Government does not allow the establishment of
privately owned radio and television companies.  However, the
availability of satellite dishes has made foreign broadcast
information accessible to the public.
The appropriate government authority, such as the Sultan Qaboos
University, the police, or the relevant ministry must approve
cultural events, including plays, concerts, lectures, and
seminars.  Most organizations avoid controversial issues for
fear the authorities may cancel their events.  Academic freedom
is restricted, particularly regarding controversial matters,
including politics.  Professors may be dismissed for going
beyond acceptable boundaries.
     b.  Freedom of Peaceful Assembly and Association
The law does not guarantee freedom of assembly.  The Government
regards all private associations as illegal unless lawfully
registered.  The Ministry of Social Affairs and Labor must
approve the establishment of all associations and their
by-laws.  The Government uses the power to license associations
as the power to control the political environment.  It does not
license groups regarded as a threat to the predominant social
or political views of the Sultanate.
All public gatherings require government sponsorship.  The
authorities do not always enforce this requirement, and
unauthorized gatherings take place without government
approval.  In 1994 the Government increased restrictions on
most types of public gatherings (see Section 2.c.).
     c.  Freedom of Religion
Islam is the state religion.  Most Omanis are Ibadhi or Sunni
Muslims, but there is also a minority of Shi'a Muslims.
Non-Muslims are free to worship at churches and temples built
on land donated by the Sultan.  There are many Christian
denominations which utilize two plots of donated land on which
two Catholic and two Protestant churches have been built.  The
Government prohibits non-Muslims from proselytizing Muslims.
It also prohibits non-Muslim groups from publishing religious
material, although imported printed material may be brought
into the country.  Members of all religions and sects are free
to maintain links with coreligionists abroad and undertake
foreign travel for religious purposes.
The 1994 restrictions on most types of public gatherings
resulted in a substantial curtailment of non-Muslim religious
celebrations.  For example, the authorities did not grant
permission to the Hindu and Zoroastrian communities to
celebrate some of their religious festivals in public.
The police monitor mosque sermons to ensure that the preachers
do not discuss political topics and stay within the
state-approved orthodoxy of Islam.  Security forces reportedly
arrested a mosque preacher in the city of Salalah for his
alleged association with an unauthorized Islamic group.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict travel within the country
except to military areas.  While a man may travel abroad
freely, a woman must have authorization from her husband,
father, or nearest male relative to obtain a passport.
The Government does not have a policy on refugees or a
tradition of harboring stateless or undocumented aliens.  Tight
control over the entry of foreigners into the country has
effectively screened out would-be refugees.  However, in 1994
the Government offered temporary refuge to several thousand
Yemenis displaced by the civil war in Yemen.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Oman is an autocracy in which the Sultan retains the ultimate
authority on all important foreign and domestic issues.  The
country has no formal democratic political institutions, and
its citizens do not have the ability peacefully to change their
leaders or the political system.
There is no constitution, political parties, or elections.
Citizens have indirect access to senior officials through the
traditional practice of petitioning their patrons, usually the
local governor, or wali, for redress of grievances.  Successful
redress depends on the effectiveness of the patron's access to
appropriate decisionmakers.  The Sultan appoints the
governors.  The Sultan makes an annual 3-week tour of the
country, accompanied by his ministers, to listen directly to
his subjects' problems.
In 1991 Sultan Qaboos established a Consultative Council, or
Majlis Ash-Shura.  In 1994 he expanded the number of Council
seats to 80 from the original 59, a move which allocated two
members for districts with a higher population.  The Government
selected the Council members from several nominees elected in
caucuses of prominent persons in each district.  In 1994 four
women were nominated for Council seats; two of them were
selected to serve.
The Council has no formal legislative powers.  The Council is
not an effective check on the Sultan who issues all laws by
decree.  However, it serves as a conduit of information between
the people and the government ministries.  No serving
government official is eligible to be a Council member.  The
Council may question government ministers, review all draft
laws on social and economic policy, and recommend legislative
changes to the Sultan, who makes the final decision.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government prohibits the establishment of human rights
groups.  The existing restrictions on the freedom of speech and
association do not permit any activity or speech critical of
the Government.  There were no known requests by international
human rights organizations to visit Oman in 1994.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
Women face many forms of discrimination.  Most women live their
lives within the confines of the home.  Widespread illiteracy
hampers women's ability to own property, participate in the
modern sector of the economy, or even inform themselves of
their own rights.  Government officials frequently deny women
land grants or housing loans, and prefer to conduct business
with a woman's husband or other male relative.  Many educated
women face job discrimination because prospective employers
fear they might quit to marry or raise families.  Government
grants for study abroad are limited almost exclusively to males.
Many aspects of Islamic tradition also discriminate against
women.  Islamic law favors male heirs in adjudicating
inheritance claims.  Many women are reluctant to take an
inheritance dispute to court for fear of alienating the family.
Some educated women have attained positions of authority in
government, business, and the media.  An estimated 14 percent
of all civil servants are women.  Two women also serve in the
Consultative Council.  In both the public and private sectors,
women are entitled to liberal maternity leave and equal pay for
equal work.  The bureaucracy, the country's largest employer of
women, observes such regulations, as do many private sector
employers.  Women constitute roughly half of the 3,000 students
at the Sultan Qaboos University and are a majority in the
colleges of arts, education, science, business, and Islamic
studies.
There is no evidence of a pattern of spousal abuse but
information is scant and difficult to collect.  Doctors do not
have a legal responsibility to report either spouse or child
abuse cases to the courts.  Battered women may file a complaint
with the police, but more often seek family intervention to
protect them from violent domestic situations.  There have been
reports that employers or male coworkers have sexually harassed
foreign females employed in such positions as domestic servants
and hospital nurses.  Foreign women employed as domestic
servants and garment workers have complained that their
employers have withheld their salaries and that government
officials have been unresponsive to their grievances.
     Children
The Government has made the health, education, and general
welfare of children a budgetary priority.  There is no pattern
of familial or other child abuse.  Communities in the interior
and in the Dhofar region still practice female genital
mutilation.  Experts believe that the number of such cases is
small and declining annually.
     National/Racial/Ethnic Minorities
Citizens of East African origin complain that they frequently
face job discrimination in both the public and private
sectors.  Some public institutions reportedly favor hiring
members of one or another regional, tribal, or religious
group.  However, no group is banned from employment.
     Religious Minorities
Some members of the Shi'a Muslim minority claim they face
discrimination in employment and educational opportunities.
     People with Disabilities
The Government has mandated parking spaces and some ramps for
wheelchair access in private and government office buildings
and shopping centers.  Compliance is voluntary.  Students in
wheelchairs have easy access to Sultan Qaboos University.  The
Government has established several rehabilitation centers for
handicapped children.  Handicapped people, including the blind,
work in government offices.  Free government medical assistance
to all citizens includes physical therapy for the handicapped.
Section 6  Worker Rights
     a.  The Right of Association
In 1994 the Ministry of Social Affairs and Labor drafted a new
labor law, and the Consultative Council recommended some
changes.  Although consensus on the final draft has not yet
been reached, government officials said that the new labor code
will be consistent with international labor standards.  It will
reportedly contain a provision for the establishment of worker
committees in the workplace and remove the prohibition against
strikes.  The current law stipulates that "it is absolutely
forbidden to provoke a strike for any reason."
Labor unrest is rare.  Although strikes are technically
illegal, workers sometimes stage job actions.  In general,
these disputes are settled without police intervention.  In
1994 the Government joined the International Labor
Organization.  The Government received an ILO representative
who provided advice on the draft labor law.
     b.  The Right to Organize and Bargain Collectively
The current law does not provide for the right to collective
bargaining.  It requires that employers of more than 50 workers
form a joint labor-management committee as a communication
forum between the two groups.  The implementation of this
provision is uneven, and the effectiveness of these committees
is questionable.  In general the committees discuss such
questions as living conditions at company-provided housing.
They are not authorized to discuss wages, hours, or conditions
of employment.  Such issues are specified in the work contracts
signed individually by workers and employers and must be
consistent with the guidelines of the Ministry of Social
Affairs and Labor.
The current law defines conditions of employment for some
Omanis and foreign workers.  It covers domestic servants and
construction workers, but not temporary workers or those with
work contracts that expire within 3 months.  Foreign workers
constitute at least 50 percent of the work force and as much as
80 percent of the modern-sector work force.
Work rules must be approved by the Ministry of Social Affairs
and Labor and posted conspicuously in the workplace by
employers of 10 or more workers.  Similarly, any employer with
50 or more workers must establish a grievance procedure.
Regardless of the size of the company, any employee, including
foreign workers, may file a grievance with the Labor Welfare
Board.  Sometimes worker representatives file collective
grievances, but most grievances are filed by individual
workers.  Lower paid workers use the procedure regularly.
Plaintiffs and defendants in such cases may be represented by
legal counsel.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits compulsory labor but foreign workers
sometimes find themselves in situations amounting to forced
labor.  In such cases, employers withhold letters of release, a
document releasing the worker from his employment contract,
thus allowing him to switch jobs.  Without the letter, a
foreign worker must continue to work for his current employer
or become technically unemployed--which is sufficient grounds
for deportation.  Many foreign workers are not aware of their
right to take such disputes before the Labor Welfare Board.
Others are reluctant to file complaints for fear of retribution
by unscrupulous employers.  In most cases, the Board releases
the grievant from service and awards compensation for time
worked under compulsion.  Employers face no other penalty than
to reimburse the worker's back wages.
     d.  Minimum Age for Employment of Children
The law prohibits children under the age of 13 from working.
The Ministry of Social Affairs and Labor effectively enforces
this prohibition.  Children between 13 and 16 years of age may
be employed but must obtain the Ministry's permission to work
overtime, at night, on weekends or holidays, or perform
strenuous labor.
     e.  Acceptable Conditions of Work
The Ministry of Social Affairs and Labor issues minimum wage
guidelines for various categories of workers.  The minimum wage
for nonprofessional workers was about $156 a month (60 rials).
Minimum wage guidelines do not cover domestic servants,
farmers, government employees, or workers in small businesses.
Many foreigners work in fields exempt from the minimum wage
statute.  The Government is lax in enforcing minimum wage
guidelines for foreign workers employed in menial jobs.
However, foreign workers with high skills are frequently paid
more than their Omani counterparts.
The minimum wage is sufficient to provide a decent standard of
living for a worker and family.  The compensation for foreign
manual laborers and clerks is sufficient to cover living
expenses and to permit some savings to be sent home.
The private sector workweek is 40 to 45 hours and includes a
rest period from Thursday afternoon through Friday.  Government
officials have a 35-hour workweek.  While the law does not
designate the number of days in a workweek, it requires at
least one 24-hour rest period per week and mandates overtime
pay for hours in excess of 48 per week.  Government regulations
on hours of employment are not always enforced.  Employees who
have worked extra hours without compensation may file a
complaint before the Labor Welfare Board, but the Board's
rulings are not binding.
Every worker has the right to 15 days of annual leave during
the first 3 years of employment and 30 days per year
thereafter.  Employers provide many foreign nationals,
including maids, with annual or biannual round-trip tickets to
their countries of origin.
All employers are required by law to provide first aid
facilities.  Work sites with over 100 employees must have a
nurse.  Employees covered under the Labor Law may recover
compensation for injury or illness sustained on the job through
employer-provided medical insurance.  The health and safety
standard codes are enforced by inspectors from the Department
of Health and Safety of the Directorate of Labor.  As required
by law, they make frequent on-site inspections.
The law states that employers must not to place their employees
in situations involving dangerous work.  However, the law does
not specifically grant a worker the right to remove himself
from dangerous work without jeopardy to his continued
employment.
PAKISTAN1
oTITLE:  PAKISTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            PAKISTAN
Pakistan is an Islamic republic in which power is shared
between the Prime Minister, as the leader of the National
Assembly, and the President.  The Chief of Army Staff also
wields considerable influence on many major policy decisions
and is the third member of the unofficial "troika" which
governs the nation.  During 1994, Prime Minister Benazir Bhutto
dominated political policymaking, with President Farooq Leghari
playing a complementary role.  Chief of Army Staff General
Abdul Waheed consulted closely with the Government but avoided
active involvement in governing.
Responsibility for internal security rests primarily with the
police, although paramilitary forces, such as the Rangers and
Frontier Constabulary, are responsible for maintaining law and
order in frontier areas.  On November 30, the Army and
paramilitary forces ended their operation, begun in 1992, to
help restore law and order in Sindh province.  Provincial
governments control the police and paramilitary forces when
they are assisting in law and order operations.  Both forces
committed abuses in 1994.
Pakistan is a poor country, with great extremes in the
distribution of wealth, an extremely high rate of illiteracy,
and a per capita income of $400.  Its economy includes both
state-run and private industries and financial institutions.
The Constitution assures the right to private property and the
right of private businesses to operate freely in most sectors
of the economy.  The Government continues to pursue economic
reform, emphasizing the privatization of government-owned
financial institutions, industrial units, and utilities.
Cotton, textiles and apparel, rice, and leather products are
the principal exports.
Although the Government made strong public commitments to
address human rights concerns, particularly those involving
women, child labor, and minority religions, most human rights
abuses are rooted deeply in the social fabric.  At year's end,
these efforts had not resulted in a significant change in the
overall human rights situation.  Serious problems continue in
many areas.  Government forces continued to use arbitrary
arrest and detention, and have tortured or otherwise abused
prisoners and detainees.  They are unchecked by any serious
government effort to reform the police or judicial systems or
to prosecute those responsible for abuse.  This Government, as
did previous ones, continued to harass political opponents and
to repress the Sindh-based Mohajir Qaumi Movement (MQM)
political party.
Islamic religious zealots continued to discriminate against and
persecute religious minorities, basing their activities in part
on discriminatory legislation against those religious
minorities.  The Government proposed changes in the enforcement
of the so-called blasphemy law to limit its abuse, but no
changes were enacted and abuse continued.  However, in November
the Lahore High Court overturned the 1992 blasphemy conviction
of a Christian, Gul Masih.
Religious and ethnic-based rivalries resulted in numerous
murders, mosque bombings, and occasional civil disturbances.
Traditional social and legal constraints kept women in a
subordinate position in society.  They continued to be
subjected to murder, torture, rape, and other forms of
degradation both by agents of the State and societal elements.
The Government and employers continued to restrict workers'
rights significantly.  The use of child and bonded labor
remained widespread in spite of both legislation to restrict
these practices and the signing of a Memorandum of
Understanding (MOU) on child labor with the International Labor
Organization (ILO).  Little was done to improve basic
conditions for women and children.  Female children continued
to fall behind their male counterparts in such measures as
levels of health care and education.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Extrajudicial killings, often in the form of staged "police
encounters" in which the police or military shoot and kill the
suspects--many of them unarmed--continued in 1994.  Most of
these killings occurred in rural Sindh Province as part of the
Army's law and order program, "Operation Cleanup," which ended
on November 30.  A survey conducted in June by the Human Rights
Commission of Pakistan (HRCP) reported that the incidence of
excesses committed by or attributed to the Army and the police
in Sindh had diminished in early 1994.  However, the frequency
of extrajudicial killing throughout Pakistan reported in the
press indicates that this continues to be a serious problem.
A typical case occurred on May 3, when police killed five men
in Sukkur, Sindh province.  An HRCP investigation determined
that the men were rounded up, brought to a police clerk's
residence, tied up and killed with automatic weapons in a
well-planned operation.  The Government denied this allegation,
saying the victims were dangerous criminals who were killed
during a 2-hour "encounter" with police.
The HRCP reported 32 extrajudicial deaths in Sindh between
January and May.  Many are believed to have died as a result of
police torture.  The Government did not charge or try any law
enforcement personnel for these killings.
The Government used excessive force to control political
demonstrations in Karachi.  At least 13 people were killed and
87 injured during police clashes with MQM demonstrators from
April 29 to May 1.  The opposition claims that the police
killed two demonstrators in October during an
opposition-organized strike in Punjab.
Ethnic and sectarian tensions rose during 1994.  Members of
Shi'a and Sunni Muslim organizations targeting rival groups set
off numerous bombs, especially in Sindh and Punjab provinces,
causing over a dozen deaths.  The Government made few arrests.
Some of the bombs were set off following inflammatory sermons
delivered during Friday prayers.  Ethnic and religiously
motivated riots continued to occur.  In Karachi, people were
killed almost daily in fighting among factions of the MQM, and
between the MQM and Sindhi nationalists.  The rate of killings
increased in the second half of the year.
     b.  Disappearance
There were no reported disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There continued to be credible evidence that police tortured
and otherwise mistreated detainees.  For example, the HRCP
reported that Bakhshan Khan Bhatti died in jail on July 25.
Prisoners claim that Bhatti was hung upside down and beaten.
However, the authorities maintained that he died from illness
and internal pain.
In other cases, 13 police officers were charged with torturing
to death Pervez Akhtar in a police lockup on June 17 in Gujar
Khan, Punjab.  The Government arrested four officers in
connection with Akhtar's death, but released them on bail and
took no further action.  According to a May 25 press report, a
Christian boy was tortured to death while in Gojra Sadar police
custody.  In one egregious case, security forces arrested a
25-year-old MQM activist in Sindh province on June 21,
reportedly blindfolded and stripped him, and questioned him
about the location of MQM weapons.  The activist died in
custody.  After family members recovered the man's body, they
reported that his eyes had been gouged out, his neck drilled,
his ears chopped off, and his shoulder and backbone broken.
Police and jailers so routinely use force to elicit confessions
and compel detainees to incriminate others that the practice
has become standard procedure.  Torture methods included:
beating, burning with cigarettes, whipping the soles of the
feet, sexual assault, prolonged isolation, electric shock,
denial of food or sleep, hanging upside down, forced spreading
of the legs, and public humiliation including stripping in
public.  Some magistrates and doctors helped cover up the abuse
by issuing investigation and medical reports that the victims
died of natural causes.
Police frequently use the threat of abuse to extort money from
prisoners and their families.  In some cases, the authorities
have detained whole families to force a relative, the subject
of an arrest warrant, to surrender.
Upon assuming his position, the superintendent of the Karachi
central jail reportedly ordered 450 prisoners stripped, and
many of them beaten, injuring at least 50.  During this period
from January 13 to 15, the prisoners were kept in a 24-hour
lockup, with no toilet facilities, no water, and little food.
The superintendent justified his actions as part of his mandate
to clean up corruption at the jail.  Abuse is reported to have
continued in the jail throughout the year.
Despite regulations that prohibit the police from detaining
women overnight, some women continue to be arbitrarily detained
overnight and sexually abused.  The police reportedly gang
raped five women in a village in Sindh province on January 18.
Although there is increasing coverage of rape in the
English-language press, rape victims often do not file reports
because of social taboos, police intimidation, and family
pressure.  There are few policewomen to perform matron duties,
despite regulations requiring that policewomen must be present
in station houses during the questioning or detention of
females.  To address this problem, the Government opened
"women's police stations" in several cities staffed by female
personnel.  However, the press has reported that the staff is
poorly trained.  The Government is offering these officers
additional training.
Rape, along with other forms of police and military abuse,
takes place in a climate of impunity caused by the failure of
successive Governments to prosecute and punish the abusers.
This failure is the single largest obstacle to ending or even
reducing the incidence of abuse.  The authorities transfer or
arrest offending officers, but seldom prosecute or punish
them.  There were no known court convictions of abusive police
officers in 1994.  In general, investigating officers shield
their colleagues.  Persons who attempt to bring charges against
police officers are often threatened by other officers and drop
the charges.  However, according to one human rights advocate,
the Government took action in several cases--a move which
reportedly resulted in a decline of such sexual abuse cases in
1994.
The incidence of torture and abuse was not restricted to the
security forces.  There were reports that different factions of
the MQM tortured and killed members of rival groups.  Three
persons were killed on July 16 in Karachi.  According to the
press, two of the victims were members of the MQM's Altaf
group.  Their bodies were discovered in a field with marks of
torture, including burn wounds and broken bones.  The other
victim, a member of the MQM's Haqiqi group, was gunned down in
the street along with his 5-year-old niece.  MQM gunmen are
also suspected of murdering six Karachi policemen on June 28.
The Hadood Ordinances, promulgated by the central Government in
1979, were an attempt to make the Penal Code more Islamic.
These Ordinances provide harsh punishments for violating
Islamic law, or Shari'a, including death by stoning for
unlawful sexual relations and amputation for some other
crimes.  In practice, the standards of evidence for imposing
these punishments are exceptionally high, and to date they have
never been carried out.
Nonetheless, these laws apply to Muslims and non-Muslims alike
and weigh most heavily on women.  Under these ordinances, a
woman who reports that she has been raped or files for divorce
may find herself charged with adultery.  All consensual
extramarital sexual relations are considered violations of the
Hadood Ordinances.  However, according to a lawyer from the
HRCP, the Government has brought fewer charges against women
under the Hadood Ordinances than in the past, and the courts
have shown greater leniency toward women in their sentences and
in the granting of bail.
There are three classes of prison facilities:  Class "C" cells
generally hold common criminals--convicts and those in pretrial
detention.  Such cells often have dirt floors, no furnishings,
and poor food.  The use of handcuffs and fetters is common.
Prisoners in these cells reportedly suffer the most abuse, such
as beatings and being forced to kneel for long periods.
Conditions in "B" and "A" cells are markedly better.  The
authorities reserve the latter for "prominent" persons.
There were several reports in 1994 that wealthy landlords or
political parties operated private jails.  Many such jails are
believed to exist in tribal and feudal areas.  Some of the
prisoners have reportedly been held in them for many years.
The police raided several such jails in 1994 and released the
prisoners.  In February the police raided a private jail
operated by a local landlord in Umerkot, Sindh province.  They
released 13 men, 11 women, 9 girls, and 7 boys.  The police
arrested four persons during the raid.
     d.  Arbitrary Arrest, Detention, or Exile
The law permits a Deputy Commissioner (DC) of a local district
to order detention without charge for 30 days of persons
suspected of threatening public order and safety.  The DC may
renew detention in 30-day periods, for a total of 90 days.  For
other criminal offenses, the police may hold a suspect for 24
hours without charge.  If the police can provide material proof
that detention is necessary for an investigation, a court may
extend detention for a total of 15 days.
In practice, the authorities do not strictly observe the limits
on detention.  The police are not required to notify anyone
when an arrest is made, and often hold detainees without charge
until they are challenged by a court.  The police sometimes
detain individuals arbitrarily without charge, or on false
charges, in order to extort payment for their release.  The law
stipulates that detainees must be brought to trial within 30
days of their arrest.  However, in many cases trials do not
start until about 6 months after the filing of charges.
The authorities generally permit family members and lawyers to
visit inmates.  However, in some cases the authorities refuse
such visits, even though the detainee has been held for years
awaiting trial.  A report published by the HRCP on a visit to a
prison in Sukkur, Sindh province, in July cited 11 detainees
who had been awaiting trial from 1 to 3 years.  HRCP officials
speculate that detainees in other areas may have been held for
over 10 years.
The Government uses mass arrests to quell civil unrest.  The
army arrested over 800 MQM party workers from May 4 to 7,
following 5 days of violence in Karachi.  The arrested included
3 MQM Senators and 11 MQM members of the Sindh Provincial
Assembly.  Almost all were released within 1 week.  The
authorities established detention facilities near the
Provincial Assembly building to allow jailed assembly members
to attend sessions.
The Federally Administered Tribal Areas have a separate legal
system, the Frontier Crimes Regulation, which recognizes the
doctrine of "collective responsibility."  Under this
regulation, the authorities are empowered to detain the fellow
members of a fugitive's tribe, or to blockade the fugitive's
village, pending his surrender or punishment by his own tribe,
as is the local tradition.  The Government exercised such
authority in 1994.  After the Supreme Court ruled that all
federal laws extend to tribal areas, the tribes in the Malakand
Division of the Northwest Frontier province clashed with
government forces, demanding a return to Islamic law.  The
tribes blockaded roads and an airport, killed a member of the
Provincial Assembly, and held numerous officials hostage.  In
response, government forces were called in to pacify the area,
and burned several houses belonging to the leaders of the
unrest.  In November the provincial government agreed to a
return to Shari'a law in Malakand Division after 30 Islamic
activists and soldiers were killed in the fighting.
In August the Inter-Services Intelligence Agency (ISI), the
Government's military intelligence organization, detained
Shaukat Ali Kashmiri, the Secretary General of the Jammu and
Kashmir People's National Party.  In September the ISI released
Mr. Kashmiri from Attock Fort Detention Center, but denied that
it had held him in detention.
The authorities arrested more than 1,100 political opponents of
Prime Minister Bhutto, including 45 members of the provincial
and national assemblies, prior to or during the October 11
general strike.  The authorities charged only a few of them and
released most within a month.  The Government filed criminal
charges, ranging from murder to possession of illegal weapons,
against five opposition members of the National Assembly who
were arrested on October 11.  Three were later released on bail
but two refused to apply for bail and remained in custody at
year's end.
     e.  Denial of Fair Public Trial
The judicial system involves several different court systems
with overlapping and sometimes competing jurisdictions.  There
are civil and criminal systems with special courts for
high-profile cases, as well as the Federal Shari'a appeals
courts for certain Hadood offenses.  The appeals process in the
civil system is:  civil court, district court, high court, and
Supreme Court.  In the criminal system, the progression is:
magistrate, sessions court, high court, and Supreme Court.
The civil judicial system provides for an open trial,
cross-examination, representation by an attorney, and appeal of
sentences.  Attorneys are appointed for indigents only in
capital cases.  There are no jury trials.  Owing to the limited
number of judges, the heavy backlog of cases, and outdated
court procedures, cases routinely drag on for years.  In both
the Hadood and standard criminal codes, there are bailable and
nonbailable offenses.  According to the Criminal Procedures
Code, the accused in bailable offenses must be granted bail and
the accused in "nonbailable" offenses should be granted bail if
accused of a crime where the sentence is less than 10 years.
Bail is set, often purposely, at unreasonably high levels for
indigent defendants.
The Federal Shari'a Court,and the Shari'a Bench of the Supreme
Court serve as appeals courts for certain convictions in the
criminal court under the Hadood Ordinances.  The Federal
Shari'a Court also may overturn legislation judged to be
inconsistent with the tenets of Islam.  However, these cases
may be appealed to the Shari'a Bench of the Supreme Court.
The judicial process continued to be impeded by bureaucratic
infighting and inactivity and the overlapping jurisdictions of
the different court systems.  Scores of positions in the lower
magistracy remained unfilled.  Persons in jail awaiting trial
are sometimes held for periods longer than the sentence they
would receive if convicted.
Cases involving bombings, sabotage, highway robberies,
banditry, or kidnaping may be brought before three types of
special courts.  These include the special courts established
by the Suppression of Terrorist Activities Act of 1975 to try
"terrorist" cases and the "speedy trial courts," established by
a 1987 ordinance to circumvent the judicial backlog.  The
Government abolished both of these courts in July.  A third
type of court, established in 1991 by the Constitution's 12th
amendment, adjudicates heinous crimes.  In 1991 the President
promulgated new ordinances which gave the Federal Government
the exclusive authority to refer cases to these courts.  In
practice, the Government refers cases involving violent
criminal offenses to these courts.
Many legal experts believe the special courts do not provide
for a fair trial.  They maintain that the short time for
investigations and trials detract from the accused's right to
prepare an adequate defense.  Some observers maintain that
trial procedures have effectively repudiated the presumption of
innocence.  They also cite the encroachment by federal
authorities on the provincial government's constitutional
authority to administer justice and the inherent unfairness of
parallel courts to which cases may be assigned arbitrarily.
Moreover, the special courts may deny bail if the judges decide
that the accused may have reasonably committed an offense.
Government officials and some attorneys maintain that despite
the deficiencies, the special courts are necessary because of
the judicial backlog.  They also maintain that the rules of
evidence apply in the courts, defendants have the right to
counsel, and the judges must meet the same standards as those
appointed to a high court.  Defendants also have the right to
appeal, but only one appeal is allowed.
In late 1993, the Government announced that it would allow the
speedy trial courts ordinance to lapse in July 1994.  After
that date, the Government transferred all pending cases and
investigations before the speedy courts to the regular courts.
The special terrorist courts still exist.
The judiciary is not independent.  Through the President's
power to transfer High Court justices and grant tenure to new
appointees, the executive branch is able to influence the
provincial High Courts, and especially the lower levels of the
judicial system.  Judges in the special courts are retired
jurists, who are hired on renewable contracts.  The desire to
maintain their positions influences many of their decisions.
Despite the Government's promise to strengthen judicial
independence, it took several measures regarded as efforts to
influence the court for political reasons.  In February, in a
ruling regarded as politically motivated, the Supreme Court
upheld the right of two members of the Northwest Frontier
Provincial Assembly, who were members of the Muslim League
Nawaz group, to join the Pakistan People's Party (PPP).  Their
move allowed the PPP to gain control of the assembly.  In other
moves regarded as politically motivated, the PPP government and
the President transferred the well-respected chief justice of
the Sindh High Court to the Federal Shari'a court, replacing
him with a judge considered loyal to the PPP.  There was also
criticism of the appointment of 20 new judges to the Lahore
High Court.  The Government also refused to confirm six judges
named to the High Court in Sindh province, and several High
Court judges in Punjab, who had been appointed when the
opposition party was in power.
After dissolving the first Bhutto government in 1990, President
Ghulam Ishaq Khan established special "accountability"
tribunals to try members of previous federal and provincial
governments on criminal and corruption charges.  However, only
members of the Bhutto government--all of whom belong to the
PPP--were charged with corruption and misconduct.  No members
of other political parties were brought to trial.  In 1994 the
tribunals acquitted the accused.
In 1994 the Government brought numerous criminal cases against
members of the former Nawaz Sharif government, their
businesses, and their political supporters.  The Government
also filed cases to have Nawaz Sharif and other members of his
party disqualified from the National Assembly.  The Government
incarcerated several accused persons, including Nawaz Sharif's
75-year-old father, who was arrested in November for tax
evasion and money laundering.  The authorities released the
father after 4 days, but at year's end his case and those of
the others were pending.
A 1990 Shari'a court decision resulted in the introduction of
the Islamic concepts of Qisas--roughly an "eye for an eye"--and
Diyat--"blood money"--into the Penal Code.  The Qisas and Diyat
Ordinance allows compensation to be paid to a victim's family
in lieu of the accused receiving punishment.  As a result,
wealthy or influential persons sometimes escape punishment for
such crimes as murder and assault.  The right to seek pardon or
commutation is not available to defendants under the
ordinance.  The Hadood and Qisas and Diyat ordinances apply to
both ordinary criminal courts and Shari'a courts.
Appeals of certain Hadood convictions involving penalties in
excess of 2 years' imprisonment are referred exclusively to the
Shari'a courts.  Cases referred to the Federal Shari'a court
are heard jointly by Islamic scholars and High Court judges
using ordinary criminal procedures.  Cases referred to the
Shari'a bench of the Supreme Court are heard jointly by Islamic
scholars and Supreme Court judges using ordinary criminal
procedures.  Judges and attorneys must be Muslim and be
familiar with Islamic law.  Within these limits, defendants in
the Shari'a court are entitled to the lawyer of their choice.
There is a system of bail.
Under the Hadood Ordinances, evidence is given different weight
depending on the religion and sex of the witness.  A non-Muslim
may not be a witness against a Muslim but may offer testimony
against another non-Muslim.  Testimony of females is not
admissible for the harsher punishments (lashing, amputation,
and stoning).  In cases involving financial matters, the
testimony of two women is required for it to be admitted as
evidence.  The evidentiary laws that apply to lesser
punishments are roughly based on English common law.
There continued to be charges that magistrates and police,
under pressure to achieve high conviction rates, persuade
detainees to plead guilty without informing them of the
consequences.  Politically powerful persons also attempt to
influence magistrates' decisions and have used various forms of
pressure on the magistrates, including the threat to transfer
them to other assignments.  Magistrates also perform a wide
variety of administrative functions for the provincial
governments, reducing the time devoted to judicial duties.
Administration of justice in the Federally Administered Tribal
Areas is normally the responsibility of tribal elders and
maliks, or leaders.  They may conduct hearings according to
Islamic law and tribal custom.  In such proceedings, the
accused have no right to legal representation, bail, or
appeal.  The usual penalties consist of fines, even for
murder.  However, the Government's political agents, who are
federal civil servants assigned to local governments, oversee
such proceedings and may impose prison terms of up to 14 years.
In remote areas outside the jurisdiction of the Political
Agents, tribal councils occasionally levy harsher, unsanctioned
punishments, including flogging or death by shooting or
stoning.  Paramilitary forces under the direction of the
political agents frequently perform punitive actions during
enforcement operations.  For example, in raids on criminal
activities the authorities have been known to damage
surrounding homes as extrajudicial punishment of residents for
having tolerated nearby criminal activity.
There are fewer than 10 known political prisoners.  Several are
serving sentences under the laws concerning the Ahmadi
religious sect.  One person is appealing the death sentence for
blasphemy (see Section 2.c.).
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
By law the police must obtain a warrant to search a house but
do not need a warrant to search a person.  However, the police
often enter homes without a warrant.  In the absence of a
warrant, a policeman is subject to charges of criminal
trespass.  However, policemen are seldom punished for illegal
entry.
The Government maintains several domestic intelligence services
which monitor politicians, political activists, suspected
terrorists, and suspected foreign intelligence agents.
Credible reports indicate that the authorities commonly resort
to wiretapping and occasionally intercept and open mail.
PAKISTAN2
qTITLE:  PAKISTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and citizens are generally free to discuss public issues.
However, the Constitution stipulates the death penalty for
anyone who damages the Constitution by any act, including the
publication of statements against the spirit of the
Constitution.  The Constitution prohibits the ridicule of
Islam, the armed forces, or the judiciary.  Moreover, the Penal
Code mandates the death sentence for anyone convicted of
blaspheming the Prophet Muhammad (see Section 2.c.).
Journalists censor themselves on such subjects.
A Print, Press, and Publications Ordinance requires the
registration of printing presses and newspapers and allows the
Government to confiscate newspapers or magazines deemed
objectionable.  Foreign books must pass government censors
before being reprinted, although the importation of books is
freely allowed.  Government censors occasionally ban
publications, usually for objectionable religious content, but
for other reasons as well.  In 1994 the Government banned a
book entitled "The Political Role of Intelligence Agencies in
Pakistan" because it contained a critical view of intelligence
agencies.
A government-owned press trust controls two newspapers--an
English-language and an Urdu daily.  The Ministry of
Information controls one of the two main wire services; the
other is privately owned.  The numerous privately owned
newspapers have a circulation that far exceeds that of the
government-owned newspapers.  The government newspapers and
wire services are circumspect in their coverage of the news and
generally follow the government line.
Nevertheless, the press has enjoyed an increasing level of
freedom since 1989.  Privately owned newspapers freely discuss
public policy and criticize the Government.  They report
remarks made by opposition politicians and their editorials
reflect a spectrum of views.
The Government attempts to influence editorial policy at
privately owned newspapers by its power to allocate duty-free
newsprint and its placement of government advertising--an
important source of newspaper revenue.  In the first half of
1994, the Ministry of Information stopped placing advertising
for several months with two leading Urdu dailies, Khabrain and
Nawa-e-Waqt, claiming they had engaged in irresponsible
journalism.  There were also widespread reports that
journalists took bribes from government or opposition political
parties.
Various political parties and the police harassed journalists
and newspaper companies.  The police arrested Farooq Aqdas,
senior political correspondent of an Urdu daily, Jang, during
the summer and detained him for several hours on charges filed
against him a year and a half earlier by another journalist.
On December 4, unidentified gunmen assassinated Muhammad
Salahuddin, the editor of the weekly Takbeer in Karachi.
Salahuddin was known for his criticism of the MQM and PPP and
he had been the victim of previous attacks on his home and
office in 1990 and 1991.  On December 6, unidentified
assailants shot dead the General Manager of an Urdu daily,
Parcham, in his Karachi office.
The Government owns and operates all radio stations, and all
but one semiprivate television station.  It strictly controls
their news broadcasts.  However, the Shalimar Television
Network (STN), a semiprivate television station, provides
programs including Cable News Network (CNN) and British
Broadcasting Corporation (BBC) programs, with considerable
independence from government oversight.  The Government censors
segments of CNN and BBC considered socially offensive.  The
Ministry of Information monitors the advertisements on STN,
editing or removing those deemed objectionable.
Conservative religious and political groups have been active in
promoting their own code of social morality.  The Shari'a Law
has bolstered such efforts by placing greater pressure on
individuals to conform to Islamic sensibilities.  In 1994 there
were occasional reports of campaigns to remove obscene
materials from video stores, but book and video stores
generally operated without hindrance.
Literary and creative works remain generally free of
censorship.  Obscene literature, a category broadly defined by
the Government, is subject to seizure.  Dramas and
documentaries on previously taboo subjects, including
corruption, social privilege, narcotics, violence against
women, and female inequality, are now broadcast on television.
The Government and universities generally respect academic
freedom.  However, the atmosphere of violence and intolerance
fostered by student organizations, typically tied to political
parties, is a threat to academic freedom.  On some campuses,
well-armed groups of students of varying political persuasions
clash with and intimidate other students, instructors, and
administrators on matters of language, syllabus, examination
policies, doctrine, and dress.
Human rights groups remain concerned about the implementation
of a 1992 Supreme Court ruling that prohibits student political
organizations on campuses.  While they acknowledge the ruling
led to a reduction of campus violence, they question the
legality of school officials expelling students they find
guilty of membership in a political organization.
     b.   Freedom of Peaceful Assembly and Association
The Government generally permits peaceful assembly.  District
magistrates occasionally exercised their power under the
Criminal Procedures Code to ban meetings of more than four
people when demonstrations seemed likely to result in
violence.  This provision was invoked frequently in June during
the Islamic month of Muharram, when tensions between Sunni and
Shi'a Muslims traditionally peak.  Many observers attributed
the relatively peaceful month of Muharram to these measures.
The Government usually did not interfere with large political
rallies, although in an attempt to prevent a strike, it
arrested over 1,000 opposition members in October.
Opposition leader Nawaz Sharif and a large number of supporters
traveled unhindered across the country in September, holding
large rallies critical of the Government.  However, the
authorities sometimes prevented leaders of politico-religious
parties to travel to certain areas if they believed their
presence would increase sectarian tensions.
The Constitution provides for freedom of association subject to
restrictions by government ordinance and law.  There have been
no recent cases of banned groups or parties.
     c.   Freedom of Religion
Pakistan is an Islamic republic in which 97 percent of the
people are Muslim.  The Constitution requires that laws must be
consistent with Islam.  The Government permits Muslims to
convert to other faiths but prohibits proselytizing among
Muslims.
Minority groups fear that the Shari'a Law and its goal of
"Islamizing" government and society may further restrict the
freedom to practice their religion.  Many reportedly live in
terror because the religious legislation has encouraged an
atmosphere of religious intolerance which has led to acts of
violence directed at Ahmadis, Christians, Hindus, Zikris, and
others.  Several incidents in 1994 heightened the sense of
insecurity and fear among the religious minorities.
In April men riding a motorcycle shot and killed Manzoor Masih,
a Christian, as he departed a courthouse in Lahore where he was
being tried for blasphemy.  The authorities had arrested Masih
and two other Christians, including a 13-year-old boy, in 1993
for allegedly writing blasphemous remarks about the Prophet
Muhammad on a wall--even though two of the three were
illiterate.  Two other persons with Manzoor were injured in the
attack.  The police arrested three suspects, among them the
complainants who brought the blasphemy case against Masih.  At
year's end, the suspects were free on bail.  While government
officials condemned the incident, Christian leaders and human
rights groups maintain that the Government reacted weakly and
has done little to discourage extremists or offer increased
protection to religious minorities.  In at least two other
instances, the inhabitants of two villages of Christians,
including Masih's village, were forced to move after receiving
threats from Muslim extremists.
A 1974 constitutional amendment declared Ahmadis to be a
non-Muslim minority because they do not accept Muhammad as the
last prophet of Islam.  However, Ahmadis regard themselves as
Muslims and observe many Islamic practices.  In 1984 the
Government inserted Section 298(c) into the Penal Code which
prohibited an Ahmadi from calling himself a Muslim and banned
Ahmadis from using Islamic terminology.  The punishment is up
to 3 years' imprisonment and a fine.  Since 1984, the
Government has used Section 298(c) to harass Ahmadis.
In 1993 the Supreme Court ruled against the Ahmadis in a case
on the constitutionality of Section 298(c).  The Court upheld
that section of the law, rejecting the argument that it
violated the right of freedom of speech and religion.  The
judge writing for the majority found that Islamic phrases are
in essence a copyrighted trademark of the Islamic religion.  He
reasoned that the use of Islamic phrases by Ahmadis was
equivalent to copyright infringement and violated the Trademark
Act of 1940.  The majority also found that the use of certain
Islamic phrases by Ahmadis was equivalent to blasphemy.
The judgment has emboldened anti-Ahmadi groups and resulted in
more court cases against Ahmadis.  In 1994 the Government
promised that it would defend Section 298(c) from an appeal on
other grounds.  In the first 9 months of 1994, 17 cases under
Section 298(c) were filed against Ahmadis resulting in 1
conviction.  Rashood Ahmad of Sangahr was sentenced to 2 years
in prison and fined $166 for displaying a verse from the Koran
on his wall.
In January the authorities arrested five journalists, including
the septuagenarian editor of Al Fazal, the Ahmadi daily, under
Section 298(c).  The arrests were made because of general
complaints that the writers in Al Fazal had propagated their
faith and passed themselves off as Muslims, thus injuring the
feelings of Muslims.  The five were released on bail on March
7.  At year's end, their case was pending in the courts.
In another incident, the Rawalpindi Development Authority
demolished an Ahmadi center in Rawalpindi on September 15.  The
Government claimed that the land was illegally converted to a
place of worship--despite the fact that the land had been used
for worship for 40 years.  On the building plans submitted to
the city, the Ahmadi community did not describe the building on
the land as a mosque, because that would have violated Section
298(c).  In other incidents, several prominent Ahmadis,
including a university professor, were killed during the year
in what some regard as sectarian murders.  Investigations of
the cases are continuing.
The Government classifies Ahmadis as "non-Muslims" on their
passports.  This has led the authorities in Saudi Arabia to
prevent Ahmadis from performing the religious pilgrimage to
Mecca.  In 1992 the Government ordered national identity cards
to convey the bearer's religion, but so far the Government has
not submitted implementing legislation.
In 1986 the Government inserted Section 295(c) into the Penal
Code which stipulates the death penalty for blaspheming the
Prophet Muhammad.  This provision has been used by litigants
against Ahmadis, Christians, and even Muslims.  In 1992 the
Senate unanimously adopted a bill to amend the Blasphemy Law so
that the death penalty is mandatory upon conviction.
According to Ahmadi sources, 5 blasphemy cases, involving 15
persons, were registered against Ahmadis in the first 9 months
of 1994.  Since 1986 over 100 blasphemy cases have been
registered against Ahmadis with no convictions.  In the same
period, at least nine blasphemy cases have been brought against
Christians and seven against Muslims.
Two persons were convicted of blasphemy and sentenced to
death:  Mohammad Arshad Javaid of Bahawalpur, a 37-year-old
Muslim who is reportedly mentally unsound and remains in
prison, and Gul Masih, a Christian of Sargodha.  However, Gul
Masih was acquitted of blasphemy by the Lahore High Court on
November 27 and released from prison.
The Blasphemy Law has also been used to justify extrajudicial
killings.  In Gujranwala, Punjab, a mob lynched a Muslim in
April in front of the police station after falsely accusing him
of burning a copy of the Koran.  In May a judge sentenced a
Muslim accused of killing a Christian school teacher to 14
years in prison.  Nevertheless, some observers criticized the
ruling because the judge took into account the defendant's
claim that he committed the offense because the teacher had
blasphemed the Prophet Muhammad.  The judge reportedly stated
that blaspheming the Prophet would be conducive to a total loss
of control by every Muslim.
When such religious cases are brought to court, extremists
often pack the courtroom and make public threats against an
acquittal.  As a result, judges and magistrates often continue
trials indefinitely, and the accused is burdened with further
legal costs and repeated court appearances.
A Sunni Muslim group, the Anjuman Sipah-i-Sahaba,
unsuccessfully sought to introduce legislation in 1994 that
would have declared the Zikri sect in Balochistan as a
non-Muslim sect.  There were also continued reports in the year
of attacks by extremists on Hindus.
The security of religious minorities was a major issue of
discussion in the Government and the press in 1994.  The
Government promised to introduce measures to reduce the abusive
litigation under the blasphemy laws, but defended the laws
themselves.  At year's end, the Government had not taken any
remedial action.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Most citizens enjoy freedom of movement within the country and
to travel abroad, but the Government occasionally prohibits
movement of persons within Pakistan through "externment orders"
when it believes their presence will lead to a threat to public
order.  Travel to Israel is legally prohibited.  Government
employees must obtain "no objection certificates" before
traveling abroad.  Students are also required to have these
certificates from their institutions.  Pakistanis have and
regularly exercise the right to emigrate.  Exit control lists
are used to prevent the departure of wanted criminals.
The resumption of civil war in Afghanistan in early 1994
created a new wave of refugees.  In response to this new
influx, the Government closed its borders with Afghanistan and
officially admitted only those Afghans who were properly
documented or in need of humanitarian assistance.  Despite
these restrictions over 66,000 new refugees arrived in the
first 9 months of 1994.
Approximately 1.4 million Afghan refugees remain in Pakistan.
They have limited access to legal protection and depend on the
ability of the leaders of their groups to resolve disputes
among themselves and with Pakistani society.  Women and girls
have obtained better education and health care as group leaders
gradually secured such services.  Many refugees have found
employment but are not covered by the labor laws.
Traffickers in women bought or lured hundreds of women from
Bangladesh with promises of a better life.  They transported
the women across India and placed them with families as
domestic servants or as prostitutes in brothels.  The
authorities detained some of the women for prostitution under
the Hadood Ordinances.  Few are able or willing to return to
Bangladesh.  Many are released into the custody of their
exploiters, who set them to work as prostitutes again.  Efforts
to repatriate Bangladeshis in 1994 were mostly unsuccessful.
The "repatriation" of Biharis continued to be a contentious
issue.  The Biharis are Urdu-speaking people from the Indian
state of Bihar who went to East Pakistan, now Bangladesh, at
the time of partition in 1947.  Since 1971, after Bangladesh
gained its independence, approximately 250,000 Biharis have
been in refugee camps in Bangladesh.  The repatriation of these
people is tied to Pakistan's various ethnic problems.  While
the Mohajir community, made up of Pakistanis who emigrated from
India during partition, supports the repatriation, the Sindhi
community opposes the move.  In 1993 the Government flew 342
Biharis to Pakistan and placed them in temporary housing in
central Punjab.  No further repatriation has occurred.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right and the ability to change their
government peacefully.  With certain exceptions, citizens aged
21 and over have the right to vote.  However, several million
bonded laborers and nomads may not vote because the National
Election Commission has ruled that they do not "ordinarily
reside in an electoral area, nor do they own/possess a dwelling
or immovable property in that area."  Political parties have
been allowed to operate freely since the lifting of martial law
in 1985 and 1986.  In 1988 the Supreme Court struck down a law
banning unregistered political parties from participating in
elections.
The Senate is elected by the members of the four provincial
assemblies.  Senators serve for 6 years.  The President is
indirectly elected by an electoral college consisting of the
members of the national and provincial assemblies and the
Senate.  The President serves for 5 years.  Members of the
national and provincial assemblies serve 5 years, unless the
President dissolves the Assembly.  The Senate may not be
dissolved by the President.  The President has the
constitutional authority to dismiss the Government arbitrarily,
but a 1993 Supreme Court ruling significantly limited that
ability.
The Constitution requires that the President and Prime Minister
be Muslims.  Members of minority religious groups may not vote
in Muslim constituencies.  They cast their ballots for
candidates running for special at-large seats reserved for them
in the national and provincial assemblies.  Most Ahmadis,
disputing their designation as non-Muslims, have refused to
vote for such representatives.  Christians and Hindus note that
this system marginalizes religious minorities, by allowing the
Muslim candidates to ignore them as a voting block.  As a
result, areas where minorities predominate receive
significantly less government development and assistance funds.
Local governments and the provincial and national assemblies
are directly elected.  However, local government bodies were
dissolved in 1993 as the result of a political compromise
between the ruling party and the opposition.  New elections
have not been held.  In the meantime, provincial and federal
officials are responsible for governance.
The more than 2 million Pushtun people living in the Federally
Administered Tribal Areas do not vote for their National
Assembly representatives and have no representation in the
assembly of the Northwest Frontier province.  In keeping with
local traditions, FATA's National Assembly members are elected
by tribal leaders, or maliks, who are appointed in the
Governor's name by the central Government's political agents.
Many people living in this area have expressed dissatisfaction
at having no vote.  However, the majority of Pushtun people
live outside the FATA and, while retaining their tribal
identity, are fully integrated into politics and society.
Because of a longstanding territorial dispute with India, the
political status of the Northern Areas--Hunza, Gilgit, and
Baltistan--is not resolved.  As a result, more than 1 million
inhabitants of the Northern Areas are not covered under any
constitution and have no representation in the federal
legislature.  The area is administered by an appointed civil
servant.  While there is an elected Northern Areas Council,
this body serves in an advisory capacity to the Federal
Government and has no legislative authority.  In 1994 in
response to concerns of lack of representation, the Federal
Cabinet decided that residents of the Northern Areas would vote
in elections for representatives to serve on an expanded
Council.  However, the expanded Council does not have the
authority to change laws or raise and spend revenue.
In 1993 the High Court of Azad Jammu and Kashmir (AJK) ruled
that the Northern Areas should be incorporated into the
semiautonomous state of Azad Jammu and Kashmir and its
inhabitants given a right to be represented in the AJK
legislative assembly.  In August the High Court ruled that the
Federal Government has authority over the Northern Areas until
final status of Jammu and Kashmir is resolved.
Although women participate in government, they are
underrepresented in political life at all levels.  Only 4 women
hold seats in the 217-member National Assembly.  However, for
the first time, the Government appointed at least five women to
the previously all-male high court benches.  While women
participate in large numbers in elections, some women are
dissuaded from voting in elections by family, and religious and
social customs in rural areas.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are several domestic human rights organizations, and new
human rights and legal aid groups continue to form and are
generally free to operate without government restriction.
Senior members of the Bhutto government, including the former
Minister of Law and Justice, have been active members of
respected human rights organizations and participate in human
rights organization functions.
Religious extremists distributed material that accused several
human rights activists of blasphemy and called for them to be
killed.  Various international human rights organizations have
been permitted to visit Pakistan and travel freely.
In 1994 the Government formed a human rights unit in the
Ministry of Interior as a sort of ombudsman for human rights.
The unit brought attention to the problem of spouse abuse by
arranging visits by the Prime Minister to hospitalized abuse
victims.  A human rights committee was also established in the
National Assembly; a similar committee was formed in the Senate
in 1993.  These committees have taken little action to date.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
There are significant barriers to the advancement of women,
beginning at birth.  In general, female children are less
valued and cared for than male children.  According to a United
Nations study, girls receive less nourishment, health care, and
education than their brothers.  According to the Government,
only 23.5 percent of the females over 10 years old are
literate, compared with 48.9 percent for males.  Only 12
percent of women use family planning methods.  As a result, the
fertility rate is six children per woman.  In rural areas,
women in small farm families generally work alongside men in
the fields.  However, they remain subordinate to men and suffer
discrimination in education, employment, and legal rights.
Human rights monitors and women's groups fear that the Shari'a
Law would have a harmful effect on the rights of women and
minorities.  However, the Law states that women's and minority
rights protected under the Constitution would not be affected.
The Law's impact on these groups has been limited because the
Government has not passed enabling legislation.  Nonetheless,
the Law reinforces popular attitudes and perceptions, and
contributes to an atmosphere in which discriminatory treatment
of women and non-Muslims is more readily accepted.
Some Islamic leaders continue to stress a conservative
interpretation of Islamic injunctions to justify discrimination
against women.  Many citizens interpret the Koran's injunctions
on modesty to mean that women should remain either at home or
veiled.  It remains accepted practice to assign women
subordinate roles in the civil, political, and managerial
hierarchies.
Both civil and religious laws protect women's rights in cases
of divorce, but, as in the case of inheritance laws, many women
are unaware of them, and often the laws are not observed.  In
such cases women generally do not receive--or are pressed to
surrender--their due share of the inheritance.  In rural areas,
the practice of a woman "marrying the Koran" is still widely
accepted if her family cannot arrange a suitable marriage or
wants to keep the family wealth intact.  A woman married to the
Koran is forbidden to have any contact with males over 14 years
of age, including her immediate family members.
In 1992 the Supreme Court invalidated the requirement that a
husband must give written notice of a divorce to a local union
council.  The husband's statement, with or without witnesses,
is the defining legal step.  The woman, lacking written proof
of divorce, remains legally and socially vulnerable.  Human
rights organizations expressed concern that a woman could be
charged with adultery if her former spouse were to deny having
divorced her.
Although a small number of women study and teach in
universities, postgraduate employment opportunities remain
largely limited to teaching, medical services, and the law.
Nevertheless, an increasing number of women are entering the
commercial and public sectors.  Karachi lawyers estimate that
the number of female judges in civil courts there has increased
to about 30 percent of the total.  There are reports that women
who apply to professional colleges face discrimination.  Women
may now participate in international athletic competition,
although few do.
There is no reliable information on the extent of domestic
violence, primarily because it is viewed as a private matter
and many women do not acknowledge that it is a serious
problem.  A survey of burn victims at two hospitals in
Rawalpindi and Islamabad conducted by the Progressive Women's
Association from March to October reported 35 cases of burned
women, only 4 of whom survived.  So far the Government has
taken legal action against the perpetrators in seven cases and
obtained two convictions.
While abusive spouses may be charged for assault, cases are
rarely filed.  Police usually return battered wives to their
abusive husbands.  A notable exception occurred in 1994 when a
man convicted of mutilating his wife was sentenced to 30 years
in prison and required to pay $4,000 in compensation.  That
case had received extensive media coverage and the attention of
the Prime Minister.
Rape is a widespread problem, although there was a slight
decline in the reported incidence of rape during 1994 compared
to 1993.  There were about 800 cases of rape reported in the
press during the year.  It is estimated that less than
one-third of all rapes are reported to the police.  Marital
rape is not a crime.  The rape of another man's wife is a
common method for revenge in rural and tribal areas.
The HRCP reports that there were 92 cases of public humiliation
of women during 1994, including stripping in public, dragging
them by the hair through the streets, throwing acid in their
face, or public sexual harassment.  There is little evidence of
efforts by police to stop such activities.
In 1994 the press continued to draw attention to the problem of
so-called dowry deaths in which married women may be killed by
relatives in a dowry dispute.  Most of the victims are burned
to death, allegedly in kitchen stove accidents.  It is
difficult to differentiate criminal conduct from stove
accidents which are common because of the use of unsafe wood or
gas stoves and because women wear garments of highly flammable
material.
There are an increasing number of reports of women killed or
mutilated by male relatives who suspect them of adultery.  Few
such cases are investigated seriously.  An article in the
magazine Newsline alleged that hundreds of men and women from
Balochistan and rural areas of Sindh and Punjab provinces are
killed annually for illicit sexual relations.  While the
tradition of such killing applies equally to offending men and
women, women are more likely to be killed than men.
PAKISTAN3
5TITLE:  PAKISTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Women's organizations operate primarily in urban centers.  Many
concentrate on educating women about existing legal rights.
Other groups concentrate on providing legal aid to poor women
in prison who may not be able to afford an attorney.
The Government began implementation of an internationally
funded program to train and deploy 33,000 female health care
workers in rural areas.  By December, it had hired 1,760
workers.  The Government also produced television documentaries
on women in development and family planning, and promoted
population services in advertisements and by enlisting the
support of religious leaders.  The Prime Minister spoke at the
September 1994 Cairo International Conference on Population and
Development.  All these efforts were seen as important for the
reversal of Pakistan's poor record in this area.
     Children
Legal rights for children are theoretically protected by
numerous laws which incorporate elements of the U.N. Convention
on the Rights of the Child.  However, the Government frequently
fails to enforce these laws.  Federal law allows, but does not
require, offenders under the age of 14 to be placed in reform
schools; however, no such facilities exist.  There is only one
jail in each province for convicted prisoners under age 21.  A
United Nations report estimates that there are 250 children
under the age of 14 in Pakistani prisons at any time.  Although
Punjab and Sindh provinces have laws mandating special judicial
procedures for child offenders, in practice, children and
adults are essentially treated equally.  Very young children
accompany their convicted mothers to jail.
Many children begin working at a very early age.  At the age of
five or six, female children are often responsible for younger
siblings.  Children are sometimes kidnaped to be used as forced
labor, for ransom, or to seek revenge against an enemy.  The
HRCP reported an average of 400 kidnapings of children per
month in Punjab province alone in 1993.  The HRCP also reported
that half of the 4,000 rapes that were registered in Pakistan
in 1993 were of minors or teenagers.
Child prostitution involving boys and girls is widely known to
exist but is rarely discussed.  The Government does little to
deter it.  In Lahore, there are reported to be 2,900 full-time
prostitutes in over 1,200 brothels.  It is estimated that 20
percent of the prostitutes are minors.
In July human rights groups and the press reported that 27 boys
were being kept in chains in an Islamic school in the Punjab.
The boys, who had been turned over to the school by their
parents, often for disciplinary reasons, had been shackled in
groups to wooden blocks.  Some had been chained for several
years.  The school's existence and the chaining was known to
the parents and the community where it had operated for 20
years.  Police raided the facility and cut the chains but no
further action was taken to arrest the school's owner or remove
the children.  There were unconfirmed reports of the existence
of other such institutions.
     Religious Minorities
In addition to the violence and harassment noted in previous
sections of this report, religious minority groups experience
much discrimination in employment and education; Pakistani laws
facilitate discrimination in employment based on religion.  In
Pakistan's early years, minorities were able to rise to the
senior ranks of the military and civil service.  Today, many
are unable to rise above midlevel ranks.  Because of the lack
of educational opportunities for some religious minority
groups, discrimination in employment is believed to be
increasingly prevalent.  Christians, in particular, have
difficulty finding jobs above those of menial labor.  Ahmadis
find that they are prevented from entering management levels in
government service.  Even the rumor that someone may be an
Ahmadi or have Ahmadi relatives can stifle opportunities for
employment or promotion.
Officially designated as non-Muslims, Ahmadis in particular,
suffer from harassment and discrimination and have limited
chances for advancement in the public sector.  Young Ahmadis
and their parents complain of increasing difficulty in gaining
admittance to good colleges, forcing many children to go
overseas for higher education.  Among religious minorities,
there is a well-founded belief that the authorities afford them
less legal protection than they afford Muslim citizens.
Many Christians continue to express the fear of forced
marriages between Muslim males and Christian women, although
the practice is relatively rare.  Christians are also subject
to harassment by the authorities, notably including the
blasphemy laws and difficulty in obtaining permission to build
churches.
     People with Disabilities
Pakistan has no laws requiring equal accessibility to public
buildings for disabled persons.
Section 6  Worker Rights
     a.  The Right of Association
The Industrial Relations Ordinance of 1969 (IRO) enunciates the
right of industrial workers to form trade unions but is subject
to major restrictions in some employment areas.  In practice,
labor laws place significant constraints on the formation of
industrial unions and their ability to function effectively.
For example, the law prohibits workers in export processing
zones (EPZ's) from forming trade unions.  Under the Essential
Services Maintenance Act of 1952 (ESA), workers in sectors
associated with "the administration of the State," which covers
a wide range of government services and state enterprises, such
as education, health care, oil and gas production, and
transport, are allowed to form unions.  However, the ESA
sharply restricts normal union activities, usually prohibiting,
for example, the right to strike in affected industries.
Union members make up only about 13 percent of the industrial
labor force and 10 percent of the total estimated work force.
Contract labor continues to flourish, undercutting the power of
the unions and exploiting workers willing to work on temporary
contracts.  These workers receive fewer benefits and have no
job security.  There is no provision in the law granting the
right of association to agricultural workers.
Legally required conciliation proceedings and cooling-off
periods constrain the right to strike, as does the Government's
authority to ban any strike that may cause "serious hardship to
the community" or prejudice to the national interest.  The
Government may also ban a strike that has continued for 30 days.
Strikes are rare.  When they occur, they are usually illegal
and short.  The Government regards as illegal any strike
conducted by workers who are not members of a legally
registered union.  Police do not hesitate to crack down on
worker demonstrations.  The law prohibits employers from
seeking retribution against leaders of a legal strike and
stipulates criminal penalties for offenders.  The courts may
imprison employers for violating this prohibition but they are
more likely to fine them.  The law does not protect leaders of
illegal strikes.
Unions may belong to federations.  There are seven major
federations which are free to affiliate with international
federations and confederations.  The Government permits trade
unions of all political orientations.  While many unions remain
aloof from party politics, the most powerful are those
associated with political parties.  After the PPP came to power
in 1988, it successfully organized trade unions under the
banner of the People's Labor Bureau (PLB).  The PLB's main
competitors are the Jamaat-i-Islami's National Labor Federation
and the MQM-backed labor unions.
The International Labor Organization (ILO) encourages the
Government to lift prohibitions against union activity in EPZ's
and with respect to radio, television, and hospital employees,
as well as to rescind the existing ban on strikes.  The
Government was also asked to amend any provisions of the
Industrial Relations Ordinance, the Press and Publications
Ordinance, and the Political Parties Act which impose
compulsory prison labor in a manner inconsistent with ILO
Convention 105.  In response to a government request, the ILO
agreed to provide technical assistance to bring the country's
labor laws into conformity with the world body's conventions.
In 1994 a government task force on labor prepared a report
recommending improvements on worker rights problems.
     b.  The Right to Organize and Bargain Collectively
The right of industrial workers to organize and freely elect
representatives to act as collective bargaining agents is
established in law.  The IRO prohibits antiunion discrimination
by employers.  If found guilty of antiunion discrimination,
employers are required to reinstate workers fired for union
activities.
In general, legally constituted unions have the right to
bargain collectively.  However, the many restrictions on
forming unions discussed above preclude collective bargaining
by large sections of the labor force, e.g., agricultural
workers, who are not guaranteed the right to strike, bargain
collectively, or make demands on employers.
The Essential Services Act also restricts collective
bargaining.  For each industry subject to the ESA, the
Government must make a finding, renewable every 6 months, on
the limits of union activity.  In cases in which the Government
prohibits collective bargaining, special wage boards decide
wage levels.
These boards are established at the provincial level and are
comprised of representatives from industry, labor, and the
provincial labor ministry, which provides the chairman.  The
chairman may name additional industry and labor representatives
to the board.  Despite the presence of the labor
representatives, unions are generally dissatisfied with the
boards' findings.  Disputes are adjudicated before the National
Industrial Relations Commission (NIRC).  A worker's right to
quit may also be curtailed under the Essential Services Act.
Dismissed workers have no recourse to the labor courts.  Most
unions call for the abolition of the ESA.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution and the law prohibit forced labor.  However,
critics argue that the ESA's limitation on some worker rights
constitutes a form of compulsory labor.  The Government
informed the ILO's Committee on the Application of Standards in
1990 that amendments were under consideration to rectify the
problem.  However, the Government has taken no further action.
Illegal bonded labor is widespread.  Bonded labor is common in
the brick, glass, and fishing industries and is found among
agricultural and construction workers in rural areas.
Conservative estimates put the figure of bonded workers at
several million.
The Bonded Labor System (Abolition) Act, adopted in 1992,
outlawed bonded labor, canceled all existing bonded debts, and
forbade lawsuits for the recovery of existing debts.  However,
the provincial governments, which are responsible for enforcing
the law, have failed to establish enforcement mechanisms.
Hence, the law is largely ineffective.  Lacking employment
alternatives, many workers have voluntarily returned to bonded
labor.
     d.  Minimum Age for Employment of Children
Child labor is common and results from a combination of severe
poverty, weak laws, and inadequate enforcement of those that do
exist.  A key factor is the absence of any compulsory primary
education.  The Government acknowledges that violations of
existing laws are common.
Unofficial estimates indicate that workers under 18 years old
make up one-third of the total labor force.  While much child
labor is in the traditional framework of family farming or
small business, the employment of children in larger industries
and, according to labor activists, in state-sponsored training
programs, is also widespread.  Child labor is widely employed
in the carpet industry, much of which is family-run.  This
appears to be the only export industry in which child labor is
employed on a significant scale.
In June the Government signed a Memorandum of Understanding
with the ILO on cooperation toward elimination of child labor.
The two sides will conduct a nationwide survey to develop an
accurate assessment of the scale of child labor.
     e.  Acceptable Conditions of Work
Labor regulations are governed by federal statutes applicable
throughout the country.  The monthly minimum wage is
approximately $50 (1,500 rupees).  Although this wage provides
a meager subsistence living for a small family, minimum wage
benefits affects only a small part of the work force.
The law, applicable nationally, provides for a maximum workweek
of 54 hours, rest periods during the workday, and paid annual
holidays.  These regulations do not apply to agricultural
workers, workers in factories with fewer than 10 employees, and
to the small "contract groups," which are subdivisions within
factories of 10 or fewer workers.  Many workers are unaware of
the regulations protecting their rights because of their lack
of education.
The provinces have been ineffective in enforcing labor
regulations, because of limited resources, corruption, and
inadequate regulatory structures.  In general, health and
safety standards are poor.  Although organized labor presses
for improvements, the Government has done little and weakly
enforces existing legal protections.
PANAMA1
cbcbTITLE:  PANAMA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             PANAMA
Panama is a representative democracy with an elected executive
composed of a president and two vice presidents, an elected
72-member legislature, and an appointed judiciary.  President
Ernesto Perez Balladares took office on September 1 at the head
of a multiparty coalition.  He was elected in May in elections
conducted under the auspices of the independent Electoral
Tribunal.  International observers described the elections as
free, fair, and violence-free.
Panama has had no military forces since 1989.  The Legislature
approved a constitutional amendment October 4 to abolish a
standing military.  The amendment went into effect October 24
and contains a provision for forming a "temporary" force under
certain national security circumstances.  The Panamanian
National Police (PNP) under the Ministry of Government and
Justice are responsible for law enforcement.  The Judicial
Technical Police (PTJ) perform criminal investigations; the PTJ
is under the Public Ministry, headed by the Attorney General.
There continued to be credible reports of abuse of detainees
and prisoners by members of both police forces.
Panama has a free enterprise, service-oriented economy which
uses the U.S. dollar.  It grew at least 5 percent in real terms
in 1994, the fifth consecutive year of growth.  Poverty is
pervasive, however, with great income disparities between rich
and poor, and continued high unemployment and underemployment.
Principal human rights abuses continued to be prolonged
pretrial detention, an inefficient and often corrupt criminal
justice system, and overcrowded, oppressive prisons.  There
were also three extrajudicial killings in January.  Violence
against women remained serious, a problem compounded by
socio-cultural factors that inhibited recognition and
treatment.  The Government continued to prosecute some of those
responsible for abuses committed during the 21 years of
dictatorship from 1968 to 1989.  For example, in May a court
sentenced three former National Guardsmen to 15-year prison
terms for the 1971 kidnaping and murder of Hector Gallego, an
activist Roman Catholic priest.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings perpetrated by
government agents.
A presidential decree regulates the use of force by members of
law enforcement organizations.  The authorities are
investigating three unrelated incidents in January in which
seven different PTJ agents may have violated this decree by
using deadly force to stop fleeing suspects.  After an
independent investigation, a review board relieved two of these
officers from duty, administratively reassigned two others
pending outcome of internal investigations, and referred two
officers to the PTJ's legal advisor for consideration of
criminal prosecution.  The seventh officer was in PTJ custody
awaiting trial at year's end.
     b.  Disappearance
There were no reports of politically motivated abductions or
disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits use of measures which could damage
the physical, mental, or moral integrity of prisoners or
detainees.  There were no substantiated reports of torture of
either prisoners or detainees during 1994.  Anecdotal evidence
suggests police still use physical violence to control
detainees, particularly during initial arrest and holding
phases.
The PTJ and the PNP have offices of professional responsibility
that act as internal affairs organs to hold officers
accountable for their actions.  Both have staffs of independent
investigators and administrative authority to open internal
investigations which, upon completion, go to their respective
inspectors general for submission to review boards.  The review
boards, in turn, recommend to the service's director the
appropriate action; the service director has the final
authority to determine the disposition of each case.  Penalties
can include reduction in rank, dismissal, and, in severe cases,
criminal prosecution.  As of December, the PTJ had investigated
153 cases of all categories of misconduct; it dismissed at
least 52 officials for their actions and forwarded 16 cases for
possible prosecution in the courts.  Similarly, as of December,
the PNP had investigated 967 cases of all categories of
misconduct; it imposed administrative sanctions on 157 officials
for their actions and forwarded at least 46 cases for possible
criminal prosecution.
Due to a growing number of use-of-force complaints lodged
against the PTJ, the Supreme Court, in collaboration with the
Attorney General, named a commission in March to revise
training procedures, including firearms instruction, for PTJ
personnel.  As part of a 3-week orientation course, the PNP
provided 20 hours of instruction to incoming recruits on laws
and procedures to protect the human rights and legal guarantees
of citizens.  Future PTJ police cadets are to receive human
rights instruction as part of their basic training.
Prison conditions throughout Panama remained deplorable and
threatening to prisoners' health.  Most prisons were built in
the 1950's and are dilapidated; medical care is inadequate; and
escape attempts were frequent.  There were credible reports of
corruption by guards, as well as abuse of prisoners.  The
National Corrections Administration has authority to discipline
prison guards for abuse of detainees or prisoners with either
penal or civil sanctions, depending on the severity of the
abuse.  In practice, however, few prisoners or detainees have
used these measures to seek redress for alleged abuse by prison
guards.
In order to relieve overcrowding, the legislature passed a bill
on December 21 which would quicken the pace of prosecution,
thereby reducing the number of pretrial detainees.  The
Ministry of Government and Justice has also begun a program of
conditional release of certain categories of prisoners.
Neither of these measures has yet had a significant effect in
reducing overcrowding.
In March prisoners at the David public jail in western Chiriqui
province held a hunger strike to protest the lack of prison
space and the slow movement of their cases in the judicial
system.  The strike quickly spread to the public jail in Colon
and to Panama City's notorious Modelo prison, provoking hunger
strikes at both facilities.  The Government promised to have
qualified personnel visit the prisons at least once a month to
check on the welfare of both detainees and prisoners.  It also
promised  to quicken the pace of prisoner transfer to the new
1,000-bed La Joya facility, even though it still lacked basic
amenities, such as furniture, sufficient potable water, and a
trained administrative staff.
The Government has made only limited efforts to comply with
these promises.  It did arrest the Modelo Prison Director on
December 15 on charges of corruption.  However, the prison
overcrowding that caused the earlier hunger strikes still
persists.  Although the National Corrections Department depends
on PNP personnel, who are not properly trained, to supply its
guard force, the guard response in the riots at Modelo prison
in March and again in December was restrained and appropriate.
The authorities transferred administration of La Joya prison to
trained correctional officers.  For the first time, prison
administrators also classified inmates, a process intended to
determine the appropriate security level needed for prisoners
while also separating them from pretrial detainees.  Although
this was a significant step forward, the La Joya prison houses
only a small fraction of the total prison population.  All
other prisons use PNP guards and intermingle convicted
prisoners with pretrial detainees.
Conditions on Coiba Island Penal Colony continued to be
deplorable.  Approximately 75 percent of the 550 prisoners
still on Coiba await trial, and the majority will have served
almost two-thirds of their potential sentences before reaching
trial.  Despite a plan to transfer prisoners to other detention
facilities, Coiba continued to receive new prisoners from other
prisons as part of an effort to defuse the violence caused by
overcrowding.  Prisoners and detainees reportedly suffer
greatly from malnutrition and shortages of potable water.
Medical care is practically nonexistent.  Reversing a decision
late in the Endara administration to place Coiba under police
control, the new Government named a civilian administrator for
Coiba.  The guard force, however, continued to consist of
police guards instead of civilian correctional officers.
Geographic isolation, plus lack of mail and communications,
separated detainees from their attorneys and caused many to
miss trials.
Conditions at women's prisons were better than those at men's
prisons.  Still, there were credible allegations that guards
and staff at the Women's Rehabilitation Center (CFR) sexually
abused female detainees and convicts.  Female prisoners also
reportedly suffered from overcrowding and poor medical care.
Guards and administrators allegedly trafficked in telephone
access, medicine, and personal hygiene items.  A human rights
group credibly charged in July that the prison administration
intentionally turned a blind eye toward such activities by
guards and staff.  This led to the investigation and temporary
removal from office of the CFR director in July.  The Perez
Balladares Government named a permanent administrator in
September.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution stipulates that arrests must be carried out
with a warrant issued by the relevant authorities, except when
a person is apprehended during the commission of a crime.  The
law requires the arresting officer to inform the detainee
immediately of the reasons for arrest or detention and of the
right to immediate legal counsel, to be provided by the State
for the indigent.  There were charges of arbitrary detentions
by the new Government during a September operation dubbed
"energy and courtesy" that featured police roundups of street
criminals in heavily populated areas of Panama City and Colon.
The PNP suspended four officers for excessive use of force in
this operation but found no grounds for the arbitrary detention
charges.  Human rights groups confirmed that there had been few
instances of police abuse in the operation.
The Constitution provides for judicial review of the legality
of detention and mandates the immediate release of any person
detained or arrested illegally.  The law prohibits police from
detaining suspects for more than 24 hours without bringing them
before a competent authority.  In practice, the authorities
rarely met legally mandated time limits and often violated the
24-hour time limit for detention by several days.  The
preliminary investigation phase often lasts from 2 to 4 months,
due to extensions granted by the Public Ministry and additional
communications with the court.  While the Public Ministry can
legally grant extensions up to 14 months in most cases, it
often allows case processing to exceed the approved extensions,
leaving the accused in incommunicado detention.  This problem
is exacerbated by an inefficient case tracking system and a
slow, inflexible notification phase.
Extended pretrial detention of those charged continued to be
one of Panama's most serious human rights problems.  According
to government statistics, pretrial detainees comprised 79
percent of the prison population as of August, about the same
proportion reported in July 1993.  Analysis of these statistics
indicates almost 25 percent of the total prison population is
under detention beyond legally permissible time limits.
According to public defenders, the average period of pretrial
custody for a defendant was approximately 16 months; pretrial
detention in excess of the maximum sentence for the alleged
crime was common.  A legal mechanism exists to hold the
gvernment accountable in cases where a detainee spends a
significant amount of time incarcerated only to be found
innocent.  Although the redress procedure is not excessively
complicated, few former detainees seek redress for their time
in detention.
The Constitution prohibits exile, and there were no reports of
forced exile in 1994.
     e.  Denial of Fair Public Trial
The President appoints nine Supreme Court magistrates to
10-year terms, subject to Legislative Assembly confirmation.
The Supreme Court magistrates appoint appellate court judges,
who, in turn, appoint circuit and municipal court judges in
their respective jurisdictions.  The Attorney General, who
heads the Public Ministry jointly with the Solicitor General,
appoints the superior and district attorneys.
At the local level, municipal mayors appoint administrative
judges similar to justices of the peace.  These justices
exercise jurisdiction over minor civil and criminal cases in
which they may impose fines or sentences of up to 1 year.  This
system has serious shortcomings:  Defendants lack adequate
procedural safeguards, the officials need not be (and normally
are not) attorneys, and some allegedly engage in corrupt
practices.  In practice, appeal procedures are nonexistent.
More affluent defendants tend to pay fines while poorer
defendants go to jail, one of the chief factors leading to
current prison overcrowding.
The Constitution provides that persons charged with crimes have
the right to counsel and are presumed innocent until proven
guilty.  If not under pretrial detention, the accused may be
present with counsel during the investigative phase of the
proceeding.  Judges can order the presence of pretrial
detainees for the rendering of statements, amplifications, or
confrontation of witnesses.  Trial proceedings are conducted
orally with the accused present.  The Constitution establishes
trial by jury in some circumstances; by law, however, jury
trials are not an option in most cases.
The Constitution obliges the Government to provide public
defenders for the indigent.  Although many public defenders are
still appointed after the investigative phase of the case, many
more public defenders than in past years were assigned to cases
prior to commencement of the investigative phase, increasing
the defense's opportunity to present evidence.  Public
defenders' caseloads remained staggering, numbering hundreds of
cases per attorney and seriously undermining the quality of
representation.
Panama continued to hold political prisoners in 1994.  Eduardo
Herrera Hassan, an ex-member of the former Panama Defense
Forces (PDF) who became director of the National Police force
and reportedly attempted to foment action against the Endara
Government in December 1990, was held without charges until he
received a presidential pardon in September.  In addition to
Herrera, the Government has held an additional 30 to 50 persons
in pretrial detention since December 1990, for offenses related
to the coup attempt.  The presidential amnesty of September 23
released some of these prisoners, but many remain in extralegal
detention.
The judicial system continued to prosecute those responsible
for human rights and other abuses committed during the Noriega
period.  The Government brought to trial, convicted, or
sentenced a number of the most notorious defendants.  In
January courts sentenced former Panamanian Defense Force (PDF)
members Felipe Camargo, Luis Cordoba, and Nivaldo Madrinan to
5-year terms in prison for the 1988 illegal arrest and torture
of Eduardo Sanchez Pena, an anti-Noriega activist.  In May
Madrinan, former head of the National Investigation Directorate
(DENI), received an additional 5-year prison term for his role
in the 1971 murder of Colombian priest Hector Gallego.  In
September the courts found six ex-PDF members, including
Camargo, guilty of human rights violations against anti-Noriega
activists Alberto Conte and Leonardo Figueroa, as well as
former anti-Noriega coup participant Milton Castillo.  Over 25
cases are pending against ex-PDF major Felipe Camargo
(convicted of human rights abuses both in 1992 and 1994).
Ex-PDF major Luis "Papo" Cordoba and Lt. Colonel Madrinan, both
defendants in the Spadafora trial, were also scheduled to stand
trial for the 1985 kidnaping and torture of Dr. Mauro Zuniga,
president of the National Civic Coordination, an organization
opposed to the Noriega regime.
In June President Endara granted individual pardons to over 500
Noriega-era officials and politicians who had committed
"political" crimes, i.e., support for antidemocratic policies.
On September 23, President Balladares granted amnesty to 216
persons whom he described as having been convicted or detained
for crimes of a political nature.  He granted conditional
release to 46 more detainees.  The amnesty included five of the
six suspects in the slayings of U.S. citizen Raymond Dragseth
and U.S. Embassy employee Fernando Braithwaite, civilians the
PDF executed during Operation Just Cause in 1989.  This left
only 1 of the original 23 defendants charged with either
homicide, kidnaping, or conspiracy to stand trial in connection
with these brutal killings.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the inviolability of the home and
communications.  The authorities may not examine personal
documents, monitor communications, or enter and search private
residences except by written order.  However, there were
credible complaints that PTJ agents failed to follow legal
requirements for arrest and search warrants and instead
conducted indiscriminate searches of entire apartment buildings
or housing complexes.  Such complaints continued during the
first months of the Perez Balladares Government.
Despite the view of some that the Constitution prohibits all
wiretapping, the Government maintains that wiretapping with
judicial branch approval is legal.  Under the guidelines
established by new antinarcotics legislation passed in July,
the Public Ministry may engage in undercover operations,
including the use of "videotaping and recording of
conversations."  The Supreme Court will ultimately have to
decide whether wiretapping is constitutional and, if so, under
what circumstances.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Panamanians generally enjoy freedom of speech and press as
provided for in the Constitution.  Six national daily
newspapers, 3 commercial television stations, 2 educational
television stations, and over 95 radio stations provide a broad
choice of informational sources; all are privately or
institutionally owned.  While many media outlets took
identifiable editorial positions, the media carried a wide
variety of political commentaries and other perspectives, both
local and foreign.  Panamanian and foreign journalists worked
and traveled freely throughout the contry, and the population
had access to foreign media.
There were no substantiated cases of Government harassment of
journalists.  The Government has legal authority to place both
direct and indirect restrictions on the media but took no such
actions in 1994.  This election year was characterized by a
high level of official tolerance of the media, which openly
reported on candidates and their platforms.
Libel is a criminal offense subject to fines and up to 2 years
in prison.  Opinions, comments, or criticism of government
officials acting in their official capacity are specifically
exempted from libel prosecution, but a section of the law
allows for the immediate discipline of journalists who show
"disrespect" for the office of certain government officials.
The Government did not use the antilibel provisions of the law
to restrict freedom of the press, but the existence of the law
may inhibit some writers' self-expression.
President Balladares took steps to abolish certain laws which
restrict freedom of the press.  The media opposed these steps
since complete abolition of the laws would also end many press
privileges.  Among these laws is one which establishes a
censorship board.  There were no reports of the board taking
any restrictive actions in 1994.
The law provides for academic freedom, which was freely
exercised in public as well as private universities.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides the rights of peaceful assembly and
association, and the Government generally respects these
rights.  No authorization is needed for outdoor assembly,
although prior notification for administrative purposes is
required.  Panamanians have the right to form associations and
professional or civic groups without government interference.
They may form and organize political parties as they like,
though parties must meet membership and organizational
standards in order to gain official recognition and participate
in national campaigns.
During the 1994 election campaign, citizens frequently gathered
and marched to protest as well as to support government
policies.  There were no reported instances of inappropriate
government action against such marches.
     c.  Freedom of Religion
The Constitution provides for religious freedom.  All religious
groups are free to worship and to proselytize without
government restriction or interference.  Clerics are
constitutionally prohibited from holding public office, except
as related to social assistance, education, or scientific
research.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution grants Panamanians the right to move freely
within the country and to depart and return freely.  These
rights are respected in practice.  There were no cases of
forcible repatriation of refugees or asylees.  A 9 p.m. curfew
for minors under 18 years of age in Panama province, imposed in
1992, remained in effect although it was enforced mainly in
high-crime areas.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for a representative democracy with
direct popular election by secret ballot of the president, two
vice presidents, legislators, and local representatives every 5
years.  The independent National Electoral Tribunal arranges
and supervises elections.  Panamanians enjoy the right to join
any political party, to propagate their views, and to vote for
candidates of their choice without government interference.
The Government respected these rights throughout the year.  The
Electoral Tribunal implemented the June 1993 electoral reforms
during the 1994 campaign, resulting in a transparently free
national election.
There are no legal barriers to participation by women or people
of African, Asian, or indigenous descent, but in fact their
presence in senior leadership positions in government or
political parties is not yet proportionate to their numbers
within society.  However, representatives of these groups are
increasingly visible in midlevel political and governmental
positions.  The Government provides semiautonomous status to
the San Blas reserve, populated mainly by indigenous Kuna
Indians.  San Blas has two representatives in the Legislative
Assembly, proportionate to its population.  Locally, the
reserve is governed by tribal chiefs, who meet in a general
congress twice a year.
A woman ran for president and finished second with over 28
percent of the vote.  The newly elected President of the
Legislative Assembly is a woman, and Panama City residents
elected a woman as mayor.  However, women held only 5 of 72
Legislative Assembly seats and 3 of 11 Cabinet positions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Panamanian human rights organizations, including both church
and secular groups, generally operated without governmental
restrictions.  These organizations carried out a full range of
activities, including investigations and dissemination of
findings.  Human rights advocates generally had free access to
government officials while investigating complaints.  The
Government did not favor an investigation by the Inter-American
Commission on Human Rights in response to a complaint filed
about Operation Just Cause, but it did not obstruct inquiries
related to the investigation.
PANAMA2
,>,>TITLE:  PANAMA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of race,
illegitimacy, social class, sex, religion, or political views.
     Women
Women generally do not enjoy the same economic opportunities as
men.  The law does not recognize property in common, and
divorced or deserted women are often left destitute.  However,
the Legislative Assembly approved a new Family Code in April
which will recognize joint or common property in marriages.
The new Code will take effect in early 1995 after the executive
branch identifies the financial resources necessary to fund
additional tribunals and related activities.
Although the Constitution mandates equal pay for equal work,
wages paid to women are often lower than those for equivalent
work performed by men and increase at a slower rate.  A United
Nations report published in August noted that women occupy only
4 percent of the managerial positions in Panama.  Although
statistics are lacking, there are credible reports of sexual
harassment, firings for pregnancy, and hiring practices based
on age and "attractiveness."
Domestic violence against women continued to be a serious
problem.  A late-1993 report by the reputable Center for the
Development of the Woman estimated that victims report as few
as 20 percent of the sexual assaults committed against women in
San Miguelito and Panama City--two of the most densely
populated areas in the country--to law enforcement
authorities.  The Foundation for the Promotion of the Woman
released an informal study that stated that the emergency room
of the largest public hospital in Panama City treated 1,222
domestic violence victims during 1993.  As of September, that
foundation itself assisted almost 400 victims of domestic
violence or abuse.  Other private groups and government
agencies also operated programs to assist victims of such
abuse.  The Government acknowledged the seriousness of violence
directed against women by signing the Inter-American Convention
on the Prevention, Punishment, and Eradication of Violence
against Women.
A number of private women's rights groups, including groups for
indigenous women, concentrate on disseminating information
about women's rights, countering domestic abuse, enhancing
employment and other skills, and pressing for legal reforms.
Indigenous women vocally criticized male government
administrators and politicians for overlooking indigenous
women's rights.  In response to pressure by women's
organizations, the Government created a Women's Department at
the Ministry of Labor in July 1993 to report on abuses in the
workplace as well as larger social issues.  The office,
however, was given little funding and has been relatively
ineffective.
     Children
The Tutelar de Menores, a quasi-judicial authority with
additional administrative roles, plays a role in the protection
and care of minors, but the Government has no specific office
charged with protecting children's rights.  A women's advocacy
group reported that 72 percent of children are born from
nonstable, short-term relationships.  Many children suffer from
malnutrition, neglect, and inadequate medical care.  Juvenile
courts report a high incidence of juvenile delinquency in major
urban areas.  The new Family Code calls for restructuring the
underfunded and overtasked juvenile court authority that
includes a rehabilitation program, an orphan care authority,
and a juvenile detention authority.  It also clarifies
reporting authority and strengthens preventive protection
powers in suspected juvenile abuse cases.  It would also create
a mechanism to record and report suspected domestic violence
cases involving minors.
     Indigenous People
Panama's indigenous population of approximately 194,000 (8
percent of the population) theoretically has all the same
political rights as other citizens.  The Constitution protects
the ethnic identity and native languages of indigenous people,
requiring the Government to provide bilingual literacy programs
in indigenous communities.  The Ministry of Government and
Justice maintains a Directorate of Indigenous Policy.  The
Legislative Assembly in November created an indigenous affairs
commission to address charges that the central Government has
neglected indigenous needs.  Despite legal protection and
formal equality, indigenous people generally endured relatively
higher levels of poverty, disease, malnutrition, and illiteracy
than the rest of the population.  In practice, language
problems also weaken the formal protections offered by the
law.  Since indigenous populations infrequently master Spanish
well enough to use appropriate legal terminology, they often
have difficulty in understanding their rights under the Legal
Code.  This language barrier also hamstrings efforts by
indigenous people to defend themselves in court.
Panama's indigenous population, particularly the Embera, Choco,
and Ngobe-Bugle, has grown increasingly vocal in requesting the
Government to create more indigenous reserves.  Indigenous
people began to organize themselves but, despite a November
1993 convention for national coordination of indigenous
peoples, met only limited success in lobbying the Government to
protect their rights.  The Government did grant the Embera
tribes in Darien semiautonomous reserve status.  The President
appoints a governor who administers two nearby administrative
areas in conjunction with tribal advisory councils.  Medical
care and potable water supplies on the reserves remain
inadequate.  Ngobe-Bugle groups complained that private
landholders restricted access to tribal lands.  The Government
supported the landholders' claims that legal leases were still
in effect.
Indigenous people have legal rights and take part in decisions
affecting their lands, cultures, traditions, and the allocation
of natural resources.  During the 1994 presidential elections,
the Coordinator for Indigenous Peoples--an umbrella
organization promoting indigenous rights--called upon
indigenous peoples not to vote for any presidential candidates
until the Government met demands for a Ngobe-Bugle reserve and
development funds for indigenous organizations.  Ultimately,
however, few refrained from voting.  The new Family Code
recognizes traditional indigenous cultural marriage rites as
the equivalent of a civil ceremony.
     National/Racial/Ethnic Minorities
The law does not discriminate against any social, religious, or
cultural group; however, naturalized citizens may not hold
certain categories of elective office.  While anecdotal
evidence indicates that a constitutional provision reserving
retail trade to Panamanian citizens originally was directed at
Chinese immigrants, government officials have stated that it
serves as a barrier to keep foreign retail chains from
operating in Panama.  The measure is not enforced in practice,
however.  Chinese and Indian residents of Panama, as well as
Panamanians of Chinese and Indian descent, operate much of the
retail trade, particularly in urban areas.
Leaders of the over 100,000-member East Asian and South Asian
communities credibly claimed that Panamanian society at large
treats Panamanian-resident Chinese and Indians as well as
Panamanian citizens of Asian origin as second-class citizens.
     People with Disabilities
Government policy and support for citizens with disabilities is
the responsibility of the Workers with Disabilities Office of
the Department of Labor and Social Welfare.  Created in 1980,
it is responsible for placing qualified disabled workers with
employers.  The office was in charge of implementing a June
1993 executive order which provided employers with tax
incentives for hiring people with disabilities.  As of
September, 89 employers had hired a total of only 166 disabled
employees under this program.  Although some public buildings
and retail stores have access ramps for disabled people, no law
or regulation compels the use of ramps or other easy-access
features in public or private buildings.
Section 6  Worker Rights
     a.  The Right of Association
Private sector workers have the right to form and join unions
of their choice, subject to registration by the Government.
However, unions have criticized government requirements for
registration, including the minimum number of workers necessary
for union formation (currently 51).  With a large percentage of
small shops and businesses having fewer than the required
number of employees to meet registration requirements, many in
the work force cannot organize.  In addition, organized labor
has complained that the Government has rejected efforts over
the past 20 years to organize in several "strategic sectors"
such as banking and the Colon Free Zone.
According to Ministry of Labor statistics, approximately 10
percent of the total employed labor force is organized.  There
are 256 active unions, grouped under 6 confederations and 48
federations representing approximately 79,000 members in the
private sector.  Although the new Perez Balladares Government
has closer ties with organized labor than did the Endara
administration, neither the Government nor the political
parties control or financially support any unions.  Union
organizations at every level may and do affiliate with
international bodies.
The new Civil Service Law of June 20 permits most government
workers to form public employee associations and federations
and established their right to represent members in collective
bargaining with their respective agencies.  It also provides
most workers the right to strike, except for certain government
workers in areas vital to public welfare and security, such as
the police and health workers and those employed by the U.S.
military forces and the Panama Canal Commission.  It is too
early to determine if the new Civil Service Law will meet, in
practice, internationally recognized labor standards.
Unionized employees of formerly private and telephone companies
retain their original right to strike when certain reasonable
criteria are met.
The International Labor Organization (ILO) Committee on Freedom
of Association (CFA) reiterated in November 1993 its conclusion
that the large-scale dismissal of trade union leaders and
workers in the public sector under Law 25 of 1990 was a serious
violation of the right to organize.  Even though the Panamanian
Supreme Court ruled that the dismissal of 120 of the 145
affected workers was legal (the other 25 were reinstated), the
CFA again requested the Government to reinstate the greatest
possible number of dismissed workers and union leaders.  The
new Perez Balladares Government began reinstating the workers,
roughly half of whom have reportedly returned to work.
There were a number of private sector strikes in 1994 and,
despite the prohibition on striking by public sector employees,
several public sector strikes.
     b.  The Right to Organize and Bargain Collectively
The law affords most workers the right to organize and bargain
collectively, and unions widely exercised it--104 collective
bargaining agreements were concluded in 1993.  The law protects
union workers from antiunion discrimination and requires
employers to reinstate workers fired for union activities.  The
Ministry of Labor has mechanisms to resolve complaints against
antiunion employers.  The new Civil Service Law allows most
public employees to organize and bargain collectively and
grants them a limited right to strike.  The Labor Code
establishes a conciliation board in the Ministry of Labor to
resolve labor complaints and provides a mechanism for
arbitration once conciliation procedures have been terminated.
There is an increasingly common practice of employing temporary
workers in order to circumvent what are perceived by employers
as onerous Labor Code requirements for permanent workers.  One
owner of a construction firm has noted that up to 35 percent of
workers on some of his projects are employed on temporary
contracts.  These workers were discharged just short of the
time necessary for them to be granted permanent status and then
rehired in other job categories, thereby circumventing the
Labor Code.  None of these temporary workers received pension
or other benefits.  The practice of blank contracts is,
according to union sources, becoming more widespread.
Labor law is equally applicable to export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, and
neither practice was reported.
     d.  Minimum Age for Employment of Children
The Labor Code prohibits the employment of children under 14
years of age as well as those under 15 if the child has not
completed primary school; children under 16 cannot work
overtime; those under 18 cannot perform night work.  Children
between the ages of 12 and 15 may perform farm or domestic
labor as long as the work is light and does not interfere with
the child's schooling.  The Ministry of Labor enforces these
provisions in response to complaints and may order the
termination of unauthorized employment.  The Government has not
enforced child labor provisions adequately in the rural
interior of the country, claiming insufficient staff to monitor
abuses.  Accord to a recent ILO report, 11,600 children between
the ages of 10 and 14 are in the labor force--primarily in farm
or domestic labor.
     e.  Acceptable Conditions of Work
The Labor Code establishes a standard workweek of 48 hours and
provides for at least one 24-hour rest period.  It also
establishes minimum wage rates for specific regions and for
most categories of labor.  The minimum wage, last increased in
January 1993, is $0.94 per hour in the districts of Panama,
Colon, and San Miguelito, and for workers in financial
services.  It is not enough to support a family above the
poverty level in Panama's relatively high-cost economy.  Most
Panamanian workers employed in urban areas earn the minimum
wage or above, but most workers in the large informal sector
earn below the minimum wage.  Unions have repeatedly alleged
that contractors operating in the Canal area pay less than the
required minimum wage.  The Ministry of Labor does not always
enforce the minimum wage, due to insufficient human and
financial resources.
The Government sets and enforces occupational health and safety
standards.  An occupational health section in the Social
Security System is responsible for conducting periodic
inspections of especially hazardous employment sites, such as
those in the construction industry, as well as inspecting
health and safety standards in response to union or worker
requests.  The law protects workers who file requests for
health and safety inspections from dismissal.  They also have
the right to remove themselves from situations that present an
immediate health or safety hazard without jeopardizing their
employment.  They are generally not allowed to do so if the
threat is not immediate but may request a health and safety
inspection to determine the extent and nature of the hazard.
The Ministry of Labor is responsible for enforcing health and
safety violations and generally does so.  The standards are
fairly encompassing and generally emphasize safety over
long-term health hazards, according to organized labor
sources.  Health issues, however, continue in the banana sector
as well as the cement and milling industries.
PAPUA_NE1
nTITLE:  PAPUA NEW GUINEA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        PAPUA NEW GUINEA
Papua New Guinea (PNG) comprises some 1,000 tribes and over 800
distinct languages in a population of about 4 million.  It has
a federal parliamentary system based on universal adult
suffrage in periodic free and fair elections.
The Government has constitutional authority over the armed
forces (PNGDF), police, and intelligence organizations.
However, government failure to control and discipline the PNGDF
has led to human rights abuses involving civilian communities
on the island of Bougainville.  A similar failing has resulted
in abuses by the Royal Papua New Guinea Constabulary (RPNGC),
the country's only police force.
The economy is characterized by a relatively small but modern
free enterprise sector, heavily dependent on foreign
investment, and a traditional subsistence sector that supports
over 80 percent of the population.  The modern sector produces
most of the wealth and, normally, slightly less than 80 percent
of government revenue, with the balance of the budget needs
made up by assistance, including a cash grant from Australia.
Resolving the secessionist movement, now over 5 years old, on
the island of Bougainville continued to be a major priority of
the Government.  In October the Government of Prime Minister
Chan sponsored an internationally monitored peace conference
that was boycotted by senior Bougainville Revolutionary Army
(BRA) leaders.  Extrajudicial killings by security forces and
BRA insurgents on Bougainville were major human rights abuses.
Other continuing problems were the physical abuse, sometimes
resulting in death, of detainees and prisoners by security
forces, and the Government's failure to bring the perpetrators
to justice; extensive discrimination and violence against
women; and a tradition of ethnically motivated violence.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There continued to be credible reports from Bougainville that
the PNGDF and progovernment resistance fighters executed
alleged BRA members or their supporters.  In May the Catholic
Bishops' Conference asserted that earlier in the year, persons
who were either soldiers or resistance fighters brutally beat
and executed Thomas Patoe at the Sovele Catholic mission
compound.  Patoe was the younger brother of a BRA commander in
the Nagovis area who had begun to work with resistance
fighters.  A BRA spokesman claimed that security forces
tortured and executed Clement Duini of Amoing village in
central Bougainville and two others from southwest Bougainville
in July at government-run care centers.  In February the BRA
accused the PNGDF of killing a civilian by pushing him out of a
flying helicopter.
A circuit-riding National Court judge and the magistrate system
have been reestablished in Buka.  The Government nonetheless
continued, as in previous years, to fail to investigate
security force atrocities in the Bougainville conflict or to
bring perpetrators to justice, thus perpetuating the climate of
impunity that encourages the continuation of such abuses.  In
April the court did, however, sentence a former BRA commander
to 17 years in prison for willful murder and arson during a
November 1990 BRA attack in Buka.  No progress has been
publicly reported in an inquest ordered in 1991 by former
Attorney General Narokobi into the deaths of 11 persons in
North Solomons Province in 1989 and 1990.
Government sources hold the BRA responsible for 12 deaths of
PNGDF personnel and the deaths of at least 3 policemen in
1994.  There are also credible reports that the BRA killed
civilians.  Between January and March, the BRA is alleged to
have engaged in at least 11 separate attacks resulting in at
least 40 deaths.  Prior to and during the 7-day October peace
talks, both sides violated the cease-fire in several reported
ambushes, resulting in at least seven deaths.
Outside of Bougainville, in February a court in Mount Hagen
sentenced a policeman to 5 years' hard labor for manslaughter.
According to the court, the policeman was angered by the just
released detainee's verbal abuse and retaliated by killing him
with a spear.  In July in Port Moresby a youth died in police
custody during or immediately after questioning.  The incident
was investigated by police, but at year's end no charges had
been filed.
     b.  Disappearance
Although both the security forces and the BRA continued to
allege that the other was responsible for civilian kidnapings
or disappearances, no official charges were made publicly.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution forbids torture and other cruel or degrading
treatment or punishment.  Nonetheless, PNG security forces (PNG
soldiers, police, and correctional personnel), as well as BRA
insurgents on Bougainville, continue to engage in such
practices.
Credible reports indicate that the PNGDF mutilated or
dismembered bodies of BRA killed in combat and left them as a
warning to others.  Other credible reports indicate that
resistance forces supporting the PNGDF have done the same to
wounded BRA.  Security forces are reported to have burned homes
in villages near Panguna during their August operation to
retake the mine.  A coroner's inquest into the role of PNGDF
soldiers in the 1993 burning down of a Port Moresby club and
the death of a soldier had reported no findings by the end of
1994.
The BRA is believed responsible for a May attack in Mabes
village that injured former Bougainville Member of Parliament
(M.P.) Sir Paul Lapun and his family.
Credible reports of torture, excessive force, and abuse by PNG
police in all regions reflected continued government failure to
discipline the RPNGC.  Almost all of the more than 28 cases
reportedly filed in 1994 with the national court, under special
procedures designed to protect human rights, alleged abuse by
correctional or police officers.  Allegations ranged from rape
while in detention to severe beatings that caused loss of sight
or limb.  In early 1994, villagers from several small
communities near Fane, Central province, reported that police
had entered their homes in late December 1993, beating the
villagers and stealing and destroying property.  The police
apparently were searching for suspected criminals.  Such
attacks on villages are frequently a form of collective
punishment.
Although the courts address cases of police abuse that are
pressed through the court system, many cases never reach the
courts because of the lack of evidence, reliance on incomplete
police investigations, or the failure of overburdened and
underfunded prosecutors to follow through.  Frequently
witnesses can not be located or funds found to transport them
long distances to court.  In the first of five similar rulings
in 1994, the national court in August ordered the State to pay
more than $1 million to five clans in Chimbu province for
damages inflicted by police in separate incidents in 1986 and
1990.  According to the reports, which the Government never
denied, police burned homes, destroyed crops, killed livestock,
and assaulted villagers while searching for suspected
criminals.  In May a policeman in Lae was sentenced to 9 years'
hard labor for the September 1993 rape of a woman in police
custody.  In Port Moresby, a senior police official is facing
charges for raping a woman under detention.  In October a
National Court judge ordered the State and a police officer to
pay damages to a prisoner for abuse suffered during detention.
Prisons are severely overcrowded and understaffed, and prison
escapes are common.  Due to government-wide financial
difficulties, water and food were in short supply during the
last half of the year.
The authorities released some prisoners to relieve pressures on
the prison system.  Family members are allowed to visit and
supply food to supplement the prison diet, although prison
visits and privileges are frequently curtailed following
disturbances or breakouts.
Redress through the courts is sometimes available to victims of
official misconduct.  Following several years of litigation,
the case brought by an M.P. from Bougainville seeking
compensation for injuries suffered at the hands of security
force members in 1989 was settled out of court.  The Supreme
Court introduced a simple form in 1989 enabling citizens to
file human rights complaints directly with the national court,
without need for counsel.  If the judge determines that the
case has merit, he may direct an investigation.  The
compensation claim of five Chimbu clans cited previously in
this section was initiated though this simplified process.  It
was, however, pursued by a private lawyer.
     d.  Arbitrary Arrest, Detention, or Exile
The courts enforce constitutional protections against arbitrary
arrest and detention.  For example, using special procedures
developed for human rights cases (see section 1.c.), in October
the National Court fined the State for holding a civilian for 4
days without charge.  The constitutional protections, however,
have been weakened by the Internal Security Act and 1993
amendments to existing anticrime legislation which provide that
judicially issued warrants are no longer required when the
authorities suspect that a person has committed any offense
against that Act or in the case of certain, largely
white-collar, offenses.  The Act further permits a person to be
classified as a member of a proscribed organization solely on
the basis of an affidavit filed by the police commissioner,
without further proof.  The Government has not yet sought a
conviction under the Internal Security Act.  Under amendments
to the Bail Act and the Criminal Code passed in 1993, only
national or Supreme Court judges may grant bail in certain
criminal cases involving a firearm.  In all other cases, bail
may be granted unless a judge rules otherwise.  Those under
arrest have the right to legal counsel, to be informed of
charges, and to have their arrest subject to judicial review.
In April a man from Central province claimed that he had been
held by the BRA for 6 years and released only following
extensive negotiations with his family.  He claimed that he and
five others had been taken prisoner while trying to leave Kieta
in 1988.  He had no information on the whereabouts of the
others.
Given the relative shortage of police and judicial resources
and an exceptionally high crime rate, periods between arrest
and trial can be long, particularly in the rural areas where 6
months can pass between arrest and committal.  Such periods of
detention, however, are subject to strict judicial review,
through continuing pretrial consultations, especially at the
National Court level.  Nevertheless, cases are frequently
delayed for months awaiting the results of police
investigations.
Exile is not practiced.
     e.  Denial of Fair Public Trial
The Constitution provides for due process, including a public
trial, and an indpendent court system enforces this.
Defendants have the right to an attorney.  Legal counsel is
provided either by the Public Solicitor's office or by the Law
Society on recommendation of the Public Solicitor's office, for
those accused of serious offenses and unable to afford
counsel.  "Serious offenses" are generally defined as felony
charges or any case heard in either the national or district
court (as opposed to village or magistrate courts).
Defendants and their attorneys may confront witnesses, present
evidence, plead cases, and appeal convictions.
The courts are completely independent of executive, political,
or military authorities, and the Government does not hold any
prisoners on purely political grounds.
Although the national court has resumed operation in Buka,
North Solomons province, the lack of free and safe access to
Bougainville island proper continues to hamper investigations
of alleged human rights violations there.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
While the authorities generally respect privacy rights, police
in the highlands and the PNGDF in Bougainville have burned
homes to quell intertribal conflict and punish communities
suspected of harboring suspected criminals.  Also, police often
force entry into homes during searches for criminals or stolen
goods.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Armed conflict decreased significantly following the
institution of a cease-fire September 9.  There were two
significant outbreaks of violence in the period preceding the
cease-fire:  the first, February-March, was attributed to the
BRA and the second, August, was related to the PNGDF's action
to retake Panguna copper mine.
Each side claims the other committed abuses against civilians.
In March the BRA accused the PNGDF of using civilians as human
shields, citing specifically a March 23 clash at Tabago and
Maisuru in south Bougainville.  The PNGDF countered that the
BRA was responsible for killing 17 civilians during an attack
on a relief convoy.  Throughout the year, but particularly
immediately following the cease-fire, the Government reported
an increased number of civilians leaving BRA-controlled areas
in search of food, shelter, and health care.  Before the
September cease-fire, there were continuing reports of BRA
attacks against civilians, both to hamper economic activity and
to intimidate them into remaining in BRA-controlled areas.  The
BRA allegedly burned homes and villages throughout Bougainville
in retaliation for villagers' cooperation with security forces
and to deny opponents use of the villages.  BRA attacks on
security forces continued despite the cease-fire, with a
soldier and a civilian killed in mid-November.  At least one
member of a BRA party attempting to attend the early October
Bougainville peace conference reportedly was wounded when the
party was fired on by the PNGDF.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for free speech, including freedom of
the media, and this freedom is generally respected in
practice.
The media provided independent coverage and analysis of major
controversies in 1994--including the ongoing insurrection on
Bougainville, the legal problems of senior government
ministers, and the question of the legality of the snap
election called by the former prime minister.
One blatant attempt at censorship occurred nn April 6, when the
Minister for Communication ordered the national radio
broadcasting system, NBC, to stop broadcasting news from a
summit meeting of the New Guinea islands' premiers on the
grounds that the premiers might discuss secession.  NBC, which
receives its funding from the Government but maintains a
generally independent line in its news stories and editorials,
defied the ban and continued to broadcast, drawing from press
accounts supplied by others present at the summit.  Following
widespread domestic and international criticism, the Minister
rescinded his order, claiming that his concern for the personal
security of NBC reporters, rather than the political content of
their coverage, had inspired his censorship attempt.
The two daily newspapers and one weekly newspaper compete
aggressively.  One of the two dailies is owned by a Malaysian
firm, which has invested heavily in PNG's timber industry, and
by senior members of the former government, but the newspaper
has nonetheless been generally independent and unbiased in its
first year of existence.
The Government and the PNG defense force continued to control
the media's access to Bougainville, restricting access of
journalists to the island and to participants in the conflict,
although a greater number were allowed to visit and interview
combatants on both sides of the insurrection this year than in
the past.  There is no attempt to censor press reports filed
from Bougainville.
The courts occasionally try citizens and foreigners under the
provisions of the Censorship Act which ban the import,
broadcast or publication of materials deemed pornographic
according to Papua New Guinea's rather strict, church-based
standards.  The usual sentence for violations of the Censorship
Act is confiscation and destruction of the restricted goods,
although the courts can legally impose a fine of $17.00 (20
Kina) or more or a prison sentence of up to 2 years.  The
Ombudsman Commission and the courts in Papua New Guinea have
supported the right of free speech over government prerogative
in most of the cases they have been asked to address.
     b.  Freedom of Peaceful Assembly and Association
Private associations and public assemblies are legal.  The
Government does not require registration of associations.
International affiliation of church and civic groups is also
freely permitted.  Public demonstrations require police
approval; this is frequently denied on the grounds that such
activities encourage bystanders to engage in vandalism and
violence.  In April in Buka, the Government told organizers of
a demonstration planned to protest a change in administrative
personnel and responsibilities that the demonstration would be
illegal.  The demonstration did not take place.  In December
human rights and women's activists were given permission to
march in protest of human rights abuses in general and the
increasing incidence of criminal and family violence.
     c.  Freedom of Religion
The Constitution contains provisions for freedom of religion,
and the Government respects these fully.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Following the October cease-fire, PNG security forces no longer
required travelers to Buka to obtain permits.  Government
approval is still required for travel to Bougainville for those
not from the island.  By the end of the year, a border post had
reopened permitting crossings between PNG and neighboring
Solomon Islands.  Otherwise, freedom of movement within and
outside the country has not been restricted in practice.  The
Government has not applied sections of the Internal Security
Act left standing by the Supreme Court which authorize the
Government to exclude from any part of the country anyone
convicted under the Act or likely to commit an offense under
the Act.  The Government has dropped plans it announced in 1993
to introduce legislation establishing a national system of
registration and identification cards.
The Government hosts around 9,000 Melanesian refugees from
Irian Jaya, the neighboring province of Indonesia.
Approximately 6,000, many of whom have land or kinship ties
with Papua New Guineans, live along the border just inside
Papua New Guinea.  Neither the Government nor the United
Nations High Commissioner for Refugees (UNHCR) provides
services to them.  While Papua New Guinea recognizes Irian Jaya
as an integral part of Indonesia, the Government nonetheless
grants asylum to qualified refugees, and regulations allow
foreign citizens who meet the 10-year residency requirements to
become PNG citizens.  The Government administers UNHCR
assistance to about 3,600 refugees at the sole remaining camp
at East Awin.
There were no known forced repatriations of Irian Jayan
insurgents to Indonesia during 1994.  More than 120 were
voluntarily repatriated.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens freely exercise the right to change their government
through direct elections with a secret ballot and universal
adult suffrage.  The voters elect a unicameral Parliament made
up of 109 members from all 19 provinces and the Port Moresby
National Capital District.  Any citizen can stand for election,
and several foreign-born citizens sit in Parliament.  With a
multiplicity of small parties, coalition governments tend to be
weak and shifting; none has yet survived its 5-year electoral
mandate.  Former Prime Minister Paias Wingti provoked a
constitutional crisis in September 1993 when he attempted,
through an unexpected resignation and immediate reelection, to
ensure that his coalition remained in office .  In August the
Supreme Court ruled that Wingti's reelection was invalid.  He
did not stand for office when Parliament on August 30 elected
Deputy Prime Minister Sir Julius Chan Prime Minister.
By-elections for Parliament ordered by the National Court in 3
provinces, following disputed 1992 elections, were contested by
26 candidates in October and conducted peacefully but were
marred in one district by preelection violence in June.
Postelection violence caused by disgruntled supporters of
losing candidates continued to occur, however, particularly in
provincial and local elections.
Although there are no legal barriers to their participation in
political life, women are not found in significant numbers in
senior positions in government or in politics (see Section 5).
There are no women in the Cabinet or in Parliament.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no official barriers to the formation of human rights
groups.  The PNG Association for Human Rights, formed in 1992,
has been relatively inactive.  The Individual and Community
Rights Advocacy Forum (ICRAF), a nongovernmental organization
(NGO) formed in 1993, became increasingly active; it focused on
human rights and the environment.  NGO's have exercised their
right to comment on human rights issues in the media without
any known government interference or retribution.  The
Government organized a U.N.-sponsored seminar in October to
review its options for establishing a national human rights
commission.
The U.N. Human Rights Commission adopted a resolution in March
urging the Government to seek a peaceful solution to the crisis
in Bougainville, and it authorized the Secretary General to
consider appointing a Special Representative after September 30
if the situation warranted.  The Government facilitated a visit
by a senior U.N. official in August, and in September the
Secretary General advised that he would not appoint a special
representative.  The Government permitted an increased number
of visits to Bougainville by reporters, including an Australian
television crew in February, and sponsored visits by an
Australian parliamentary delegation in April, Tonga's Crown
Prince in June, and a representative of the U.N. Secretary
General for the October peace conference.  However, it has not
extended invitations to nongovernmental human rights
organizations that have expressed interest in investigating
alleged human rights abuses there.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Extreme ethnic and geographic diversity prevents domination by
any one tribe or clan.  The democratically elected government,
based on loose coalitions, has taken care not to favor one
group over another consistently.
     Women
The Constitution and laws have provisions for extensive rights
for women including family law, marriage, and property rights.
Some women in the modern sector have achieved senior positions
in the professions, business, and civil service.  Nonetheless,
traditional patterns of discrimination against women result in
a significant denial of human rights.  Despite constitutional
and legal provisions, most women, even those in urban areas,
still live in a system that relegates them to second-class
status.  Village courts tend to enforce traditional attitudes
and values that oppress both women and youth.
For example, village court justices tend to be overly severe on
women by imposing jail terms on women found guilty of adultery,
while penalizing men lightly or not at all.  Circuit-riding
national court justices, however, frequently annul village
court sentences and free unjustly imprisoned women.
Nevertheless, when sentence is imposed, there is a tendency to
impose longer sentences on women than men, particularly in
cases involving loss of life.  Where polygynous marriages are
still customary, particularly in the highlands, there has been
an increase in the number of women charged with the murder of
another of their husband's wives, reportedly due to the
breakdown in custom and tradition.
Violence against women, including domestic violence and gang
rape, is prevalent.  Some tribal and clan cultures emphasize
antagonism between the sexes.  While women are ostensibly
protected by their families and clans, they are nonetheless
often victims of violence and force.  Traditional village
deterrents, such as requirements for compensation, are breaking
down.
Attacks on women remain common in intertribal warfare as well.
Fear of rape, especially gang rape, is justifiably common among
women and constrains not only their movements and social
activities but also their ability to exercise authority and
discipline in business and professional activities.  The number
of reported cases of rape is rising steadily.  Though rape is
punishable by prison sentences, and sentences are handed out
when assailants are found guilty, few assailants are
apprehended.  Most areas without access to law enforcement
services rely on "payback," a traditional form of revenge
directed at the offender's tribe or clan, to deter or punish
rape.  Domestic violence such as wife beating is also common
but is usually viewed by police and citizenry alike as a
private, family matter.  One study sponsored by the police
department itself found that wife abuse is prevalent in police
families.
Both the Government and public organizations are working to
upgrade the status of women but so far with limited results.
In June Parliament ratified the Convention on the Elimination
of Discrimination Against Women (CEDAW).  According to the U.N.
Development Program, the literacy rate of PNG's adult female
population has actually declined by 5 percent over the past 14
years.  The Government provides a grant to the National Council
of Women and has instituted an Office of Women's Affairs in the
Department of Home Affairs and Youth.
     Children
The Government's ability to protect the rights and welfare of
children is limited by financial constraints.  Approximately 44
percent of PNG's population is under the age of 16.  In PNG's
traditional clan system, children are generally cared for
within the extended family, in accordance with financial
resources and the tribe's access to services.  Because of the
geographic isolation and remoteness of many villages,
malnourishment and infant and maternal mortality rates are very
high.  Although statistics are not available, welfare officers
believe that child abuse is increasing as village life and the
extended family give way to urban development.  Most programs
to protect and develop youth are operated by NGO's, including
the recently formed child protection services, and religious
organizations.  Many government programs are severely
underfunded.
     People with Disabilities
Through the National Board for the Disabled, the Government
provides limited funding for the disabled to approximately 14
NGO's which provide services.  The Government does not provide
programs or services directly.  Services and health care for
the disabled, except for that provided by the traditional
family and clan system, do not exist in several of the
country's provinces.  No legislation mandates accessibility for
the disabled.
PAPUA_NE2
TITLE:  PAPUA NEW GUINEA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The right to form and join labor unions is protected by law,
subject to registration by the Department of Labor.  While the
Government does not use registration as a form of control over
unions, an unregistered union has no legal standing with the
Department of Labor or before the courts and, accordingly,
cannot operate effectively.  Unionized workers account for
about one-half of the 250,000 wage earners in the formal
economy and are organized into some 50 trade unions, most of
which are associated with the Trade Unions Congress.  Unions
are independent of the Government and of political parties.
They may freely affiliate with international organizations.
Both public- and private-sector unions exercised their legal
right to strike in 1994.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right to engage in collective
bargaining and to join industrial organizations.  These rights
are exercised freely.  In 1994 the International Labor
Organization (ILO) again admonished the Government to amend the
law that gives it discretionary power to cancel arbitration
awards or declare wage agreements void when they are contrary
to government policy.  The Government has stated the amendment
has not been made due to a lack of resources.  The law
prohibits antiunion discrimination by employers against union
members and organizers.  The Department of Labor and
Employment, as well as the courts, is involved in dispute
settlement.  Wages over and above the minimum wage are set
through negotiations between employers and employees or their
respective industrial organizations.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids slavery and all forms of forced or
compulsory labor, and there were no reports of such practices.
     d.  Minimum Age for Employment of Children
The minimum working age, as established in the Employment Act,
is 18 years.  However, children between the ages of 11 and 18
may be employed in family related work provided they have
parental permission, a medical clearance, and a work permit
from a labor office.  Such employment is rare, except in
subsistence agriculture.  The Department of Labor and
Employment and the courts take steps to enforce the minimum age
law, but they are so hampered by a lack of resources that
enforcement is not effective.
     e.  Acceptable Conditions of Work
Minimum wages for the private sector are set by the Minimum
Wage Board, a quasi-governmental body with worker and employer
representation.  The most recent determination, which became
effective in October 1992, reduced the minimum wage for newly
hired urban workers by about 75 percent to $19.50 (Kina 22.96)
per week.  The new minimum wage would not support a decent
standard of living for a worker and family who exist solely on
the cash economy.  A 12 percent devaluation of the Kina in
September, and the further depreciation of the Kina following
the decision to allow the currency to float in October, has
reduced the real wage received by workers.  Minimum wage
levels, allowances, rest periods, holidays, leave, and overtime
are regulated by law.  The workweek is limited by law to 42
hours (44 in rural areas).  The law provides for at least one
rest period of at least 24 consecutive hours in every week.
Enforcement of the Industrial Health and Safety Law and related
regulations is the responsibility of the Department of Labor
and Employment.  The law requires that inspections take place
on a regular basis, but, due to a shortage of inspectors, they
occur only when requested by workers or unions.
PARAGUAY1
kTITLE:  PARAGUAY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            PARAGUAY
Paraguay has been independent since 1811, but until 1989 was
ruled almost continuously by authoritarian regimes.  On August
15, Juan Carlos Wasmosy, Paraguay's first freely elected
civilian President, completed his initial year of a 5-year
term.  Wasmosy pledged to consolidate the nation's democratic
transition, which began following the February 1989 overthrow
of dictator General Alfredo Stroessner.  Paraguay is a
constitutional republic with a strong executive branch and an
increasingly important bicameral legislature.  The President is
the Head of Government and cannot succeed himself.  The
Colorado Party and the armed forces continue to exercise
substantial influence, although the opposition's power has
increased as a result of a combination of the changes brought
about by the June 1992 Constitution and the subsequent election
of a civilian President and an opposition-controlled Congress.
The national police force, under the overall authority of the
Ministry of the Interior, has responsibility for maintaining
internal security and public order.  Police abuses of human
rights, including extrajudicial killings, continued in 1994.
In contrast to previous years, however, the Government did
convict and sentence three police officers for killing
civilians.  Members of the armed forces continued to insert
themselves into the political process, including using their
influence over the courts to ensure decisions that validate
their political activities.  While some military officials
accused of human rights abuses during 1994 were suspended and
investigated, none were arrested, sentenced, or convicted.
Paraguay has a market economy based on the export of primary
agricultural products.  A substantial percentage of the work
force is employed in the informal economy, which may account
for 40 to 60 percent of the gross domestic product.  Efforts to
privatize state-owned enterprises continued in 1994.  Real
economic growth was expected to be about 3.6 percent.
Principal human rights problems included extrajudicial
killings, torture and mistreatment of criminal suspects and
prisoners, police and military corruption, detention of
suspects without judicial orders, general weaknesses within the
judiciary, firings of labor organizers, and military intrusions
into the judicial and political systems.  The Government began
efforts to convict and punish those committing human rights
abuses during the Stroessner era, and the courts sentenced
persons in several such cases in 1994.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were at least two extrajudicial killings involving
security force officials, including the shooting of peasant
leader Sebastian Larrosa (reportedly by local police official
Augusto Palacios) and the killing by naval official Walter
Arce, apparently while inebriated, of Leonardo Molinas.  Both
cases remained under investigation at year's end.
In April Elena Cubas killed peasant leader Esteban Balbuena in
Colonia 7 de Agosto, Itapua.  Balbuena was one of the most
visible organizers and participants in local rural worker
organizations and in demonstrations against the Government's
agrarian policy.  Although police officials originally
dismissed the killing as a "crime of passion," when Cubas was
arrested, she originally told police that she followed the
instructions of unnamed officials.  She later recanted, and the
case remained under investigation at year's end.
During the year at least two other peasant leaders were also
killed.  In August several unidentified attackers fought with
and killed German Ayala, a peasant leader in Itapua and a
witness in the Balbuena case.  In April three unknown persons
killed Hilario Sanabria, a peasant leader in Caaguazu, while he
was returning home from a soccer game.  Their associates
asserted that antipeasant vigilante groups were responsible.
There was no indication that the Government investigated these
claims.
In a departure from prior practice, the Government began to
convict and punish police officials who committed serious human
rights abuses.  In April police official Aurelio Enciso was
sentenced to 6 years of prison for the 1991 killing of Juan
Desiderio Ortellado Cardozo, a 14-year-old suspected of
trespassing.  In September police official Marciano Ramon Lopez
Pintos was sentenced to 19 years in prison for the 1989 murders
of Gregorio Bernal and Pablo Gonzalez.  Also in September,
police official Cirilio Paniagua was sentenced to 8 years in
prison for the 1990 killing of Fermina Martinez Velazquez.
     b.  Disappearance
There were no reported cases of abductions by security forces.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture and brutal and degrading treatment of convicted
prisoners and other detainees continued.  Police, military, and
prison guards were implicated in the mistreatment of
individuals in their custody.  Although the authorities
arrested some and held them for investigation and trial, they
actually tried, convicted, or appropriately punished very few.
There were credible reports of mistreatment of women and minors
and of brutal attempts to force confessions out of detainees.
A respected human rights group, Tekojoja, reported that
children in police custody were particularly susceptible to
physical punishment, with torture and abuse occurring against
juveniles at a higher rate than against adult detainees.  The
human rights group accused the police in several cases of
torturing minors by placing plastic bags over their heads,
knocking out their teeth, using a hammer to beat their backs,
or scalding their hands and feet to force a confession.  Many
minors reported being denied food, drink, or access to
bathrooms for up to 3 days.  Both Tekojoja and another
well-known human rights group, the Committee of Churches, filed
charges against several officials for the abuse of minors in
their custody.  None of the many persons charged in court of
torturing minors were convicted during the year.
Prison conditions remained poor.  Overcrowding and mistreatment
of prisoners were the most serious problems.  Conditions were
particularly poor in the Panchito Lopez youth prison.  An
independent investigation of the prison revealed that the
institution was unsanitary, unsafe, and extremely overcrowded;
although originally built as a single family home, the
institution houses between 130 and 150 detainees.  The Tacumbu
men's prison is similarly overcrowded.  The human rights
committee of the Brazilian Attorneys' Association released a
statement declaring that the Paraguayan prisons in Alto Parana
and Canindeyu were "inhuman."  The Government permits
independent monitoring of prison conditions by interested
nongovernmental organizations (NGO's).
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits detention without an arrest warrant
signed by a judge and stipulates that any person arrested must
be presented before a judge within 48 hours to make a statement.
The police can arrest persons without a warrant if they catch
them in the act of committing a crime, but must present them
before a judge within 24 hours.  However, the authorities often
violated these provisions.  More than 90 percent of an
estimated 3,000 prisoners are held without arrest warrants,
orders of detention, or convictions.  Courts have passed
sentence on only 6 percent of the detainees at Tacumbu prison,
only 2.5 percent of the detainees at the Buen Pastor women's
prison, and virtually none of the detainees at the Panchito
Lopez juvenile prison.  Although a bail system exists for most
crimes, juveniles cannot post bond.  Furthermore, judges
frequently set bail very high, and many accused are unable to
post bond.
Throughout the year the authorities arrested and imprisoned
individuals without following the constitutional legal
process.  There were a number of cases similar to that of Lucia
Galeano Rivas, who remained imprisoned 4 months without cause.
Galeano Rivas was first imprisoned on the basis of an order
signed by a justice of the peace who did not have the legal
authority to issue such a warrant and which did not specify the
grounds for her arrest.  Almost 3 months later, she appeared
before a criminal court judge who could find no cause for her
imprisonment and released her.  In many other cases, police
officials took persons into custody by without a valid judicial
order and did not present them before a judge for several days.
The Supreme Court, the Public Ministry, and a judicial working
group took steps to reduce the large number of detainees held
without being sentenced or without cause.  During the year,
they reduced the number of criminal cases pending more than
1 year by over 20 percent.  The Supreme Court and many criminal
court judges also made quarterly visits to the prisons to
identify and release improperly held individuals.  In August
the authorities released Isabelino Villalba after he served
20 years in prison without being sentenced.
The Constitution does not expressly prohibit forced exile but
states that all citizens have the right to reside in their
country.
Credible reports continued that landowners, many of them
Brazilians living near the border in the Alto Parana, Canindeyu
and Amambay departments, armed their employees to remove
squatters from their property without court orders.  Some of
the evictions reportedly were violent, and there were
unsubstantiated reports of fatalities.  However, the
authorities undertook no investigation into these incidents.
     e.  Denial of Fair Public Trial
The judicial branch is comprised of a five-member Supreme Court
headed by a president.  There are four appellate tribunals:
civil and commercial, criminal, labor, and juvenile.  Several
minor courts and justices of the peace fall within these four
functional areas.  Although the 1992 Constitution stipulates
that all defendants have the right to an attorney at public
expense, if necessary, there are only five public defenders
available to the transient and the indigent.  Many destitute
suspects receive little legal assistance, and few have access
to an attorney sufficiently in advance of the trial to prepare
a defense.  The State is represented by a Public Ministry
official, who is responsible for bringing charges against
accused persons.
Trials are conducted almost exclusively by presentation of
written documents to a judge, who then renders a decision.
Defendants and the State can present written testimony of
witnesses and evidence.  All interested parties have access to
all documents reviewed by the judge, and defendants can rebut
witnesses.  Defendants enjoy a presumption of innocence.  The
judge alone determines guilt or innocence and decides
punishment.  During the pretrial phase, the judge receives and
may request investigative reports.  In this phase, the judge is
also likely to make a personal inspection of the scene of the
crime and of the available physical evidence.  The accused
often appears before the court only twice:  to plead and to be
sentenced.  An appellate judge automatically reviews all
verdicts, and the law provides for appeals to the Supreme
Court.  The military has its own judicial system.
Although the 1992 Constitution prescribes that judges be
selected by a combination of an independent Magistrate's
Council, the Congress, and the executive, that body was not
constituted until late October.  Accordingly, many of the
judges active during 1994 were holdover appointments made by
former dictator Alfredo Stroessner serving in an interim
capacity beyond their established 5-year term.  Several of them
were alleged to make judicial decisions on the basis of
bribery, intimidation, political motives, and friendship with
senior military officers and Colorado Party officials.  In
March the President ordered the transfer or retirement of over
70 judges, and he made several judicial appointments by fiat.
Following the December 1992 discovery of government archives
documenting various human rights abuses and implicating many
former government officials of the Stroessner regime, in 1994
the courts convicted several Stroessner-era officials for human
rights abuses and imposed sentences of up to 25 years.  The
Committee of Churches, one of the nation's most prominent human
rights groups, had over 16 cases against alleged Stroessner-era
human rights abusers pending at year's end.
There are no political prisoners, and the Government does not
punish political activity.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
While the Government and its security forces generally did not
interfere in the private lives of citizens, there were
exceptions.  The Constitution provides that police may not
enter private homes except to prevent a crime in progress or
when the police possess a judicial warrant.  There were
credible reports that at times the authorities ignored this
legal guarantee, particularly in the country's interior.  There
were also allegations that the Government occasionally spied on
individuals and monitored communications for political and
security reasons.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression and the
press.  The public and the press exercised these rights more
freely than at any time in the nation's recent history.
Opposition viewpoints were freely discussed, and criticism of
the Government was ubiquitous in the media.  On June 9,
President Wasmosy signed the Declaration of Chapultepec
pledging to support freedom of the press.  Nonetheless, there
were some restrictions on expression.  Former presidential
candidate Ricardo Canese was found guilty of criminal slander
and sentenced to 4 months in prison and a $7,000 fine for
accusing President Wasmosy of providing kickbacks to the family
of former dictator Alfredo Stroessner during the construction
of the Itaipu dam.  Canese appealed his conviction, and the
case remained under review at year's end.
Government forces also occasionally inhibited reporting.
During the May 2 general strike, police officials threatened
seven reporters and told them to stop filming a clash between
police and workers in Ciudad del Este.  Gunfire that same day
gravely injured journalist Carlos Mariano Godoy while he was
reporting on striking workers in the town of Tacuara, San
Pedro.  Police officials beat several photographers when they
attempted to photograph a clash between police and striking
workers at an oil plant in Itaugua on August 17.  The Vice
Minister of the Interior met with the photographers and
promised to investigate police behavior.  At year's end,
however, the authorities had taken no action against these
police officials.  In April military officials confiscated
reporter Ismael Villalba's camera and held him for over an
hour, after he tried to photograph a Congressman meeting with a
soldier.  The investigation into the May 1993 election day
attack on independent television Channel 13 continued at year's
end with no suspects having been arrested.
Some reporters were threatened and physically attacked during
1994, although investigative reporting continued.  As in the
past, threats were made against persons examining allegations
of official corruption, the contraband trade, and ties to the
Stroessner regime.
There were no restrictions on academic freedom.
     b.  Freedom of Peaceful Assembly and Association
The Constitution establishes the right of association and
peaceful assembly for all citizens, but the security forces
occasionally impeded protest demonstrations.  A law regulating
demonstrations in Asuncion limits the areas where and the hours
when they may take place and requires that organizers notify
the Asuncion police 24 hours before any rally in the downtown
area.  The police may ban a protest but must provide written
notification of such a ban within 12 hours of receipt of the
organizers' request.  Under the law, a police ban is permitted
only if a third party has already given notice of plans for a
similar rally at the same place and time.  In addition, the law
prohibits public meetings or demonstrations in front of the
presidential palace and outside military or police barracks.
Most of the various political and social demonstrations and
rallies occurred without incident.  Some rallies, however,
ended in violent clashes with the police.  During the May 2
general strike, violent incidents occurred in Tacuara, San
Pedro; Fernando de la Mora, Central department; and in Ciudad
del Este, Alto Parana.  The Government also attempted to
inhibit a March 15 peasant rally to protest agrarian policy.
Government forces established roadblocks at key road junctions
leading to Asuncion and caused hours-long delays while police
officials carried out time consuming and uncommon reviews of
vehicle registrations and driver's licenses of persons
transporting peasants to the rally.  The police also detained
many bus passengers traveling to Asuncion.
     c.  Freedom of Religion
The Constitution provides for freedom of conscience for all
persons and recognizes no official religion.  The Government
continued to respect this freedom in 1994.  Roman Catholicism
is the predominant religion, but all denominations are free to
worship as they choose.  Adherence to a particular creed
confers no legal advantage or disadvantage, and foreign and
local missionaries proselytize freely.  All religious groups
must be registered with the Ministry of Education and Worship,
but no controls are imposed on these groups by the Government.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
All citizens travel freely within the country with virtually no
restrictions.  There are no restrictions on foreign travel or
emigration.  There are no established provisions to grant
asylum or refugee status; the Immigration Department determines
each request on a case-by-case basis in consultation with the
Ministries of Foreign Relations and the Interior.  There were
no reports of refugees forced to return to countries in which
they feared persecution.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right and ability to change their government
through democratic means.  Multiple parties and candidates
contest the nation's leadership positions.  Three parties
elected candidates to the Congress, and nine candidates ran for
the Presidency in 1993.  The Constitution and the Electoral
Code mandate general elections every 5 years, voting by secret
ballot, and universal suffrage.  The executive and legislative
branches govern the country; opposition political parties
control the Congress.  Debate is free, and the Congress
routinely rejects important government proposals.
Vestiges remain of the Stroessner-era merging of the State and
the ruling Colorado Party.  Throughout the year the press
documented the use of state resources, particularly vehicles,
to support party political rallies.  There were also credible
reports of party officials requiring public employees to attend
party functions.  In addition, the military continued to wield
significant political power.
Members of indigenous groups are entitled to vote, and the
percentage of indigenous people who exercised this privilege
grew dramatically in recent years.  Nonetheless, the
inhabitants of many indigenous communities were threatened or
inhibited from fully exercising their political rights.  Some
were threatened with death or with losing access to
cooperatives and stores unless they supported certain party
officials or practices.
While there are no formal legal impediments, women often face
significant obstacles when they seek to participate in
government and politics.  Participation by women in the
political system, although improved in 1994, was still limited
in the male-dominated society of Paraguay.  Few women serve in
the Congress (3 of 45 Senators and 2 of 80 National Deputies),
or the executive branch.  During the year, the President named
two women to ambassadorial posts, and one woman, the Secretary
for Women's Affairs, serves in the Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Several human rights groups operate in Paraguay, including the
Committee of Churches (an interdenominational group that
monitors human rights and provides legal assistance), Prodemos
(a group linked to the Catholic church), Tekojoja (a group
dedicated to protection of children's rights), and the local
chapter of the Association of Latin American Lawyers for the
Defense of Human Rights.  The Government did not restrict the
activities of any human rights groups in 1994.
The office of the Director General of Human Rights, located in
the Ministry of Justice and Labor, continued to sponsor
seminars to promote human rights awareness.  This office has
access to congressional, executive, and judicial authorities.
It does not have subpoena or prosecutorial powers but may
forward information concerning human rights abuses to the
office of the Attorney General for action.  It also serves as a
clearing house for information on human rights and trained
thousands of educators in human rights law in 1994.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Although the Constitution and other laws prohibit
discrimination, certain groups faced significant discrimination
in practice.
     Women
Exploitation of women, especially teenaged prostitutes,
remained a serious problem.  The municipal health department of
Asuncion reported that 58 percent of the prostitutes in the
capital are minors under 18 years of age.  Police frequently
raided brothels in which minors were employed.  In contrast to
the impunity granted brothel owners in the past, in October the
police arrested several brothel owners, including one former
police commissioner.  However, the courts had sentenced none of
the accused by year's end.
The Government only recently began pressing domestic violence
charges against individuals.  To date, however, the courts have
not yet convicted any perpetrators of violence against women.
The office of the Secretary for Women's Affairs continued to
sponsor programs to enable women to have free and equal access
to employment, social security, housing, ownership of land, and
business opportunities.  However, authorities paid insufficient
attention to sex-related job discrimination.  Some women
complained that job promotions were conditioned upon their
granting sexual favors.
     Children
The Constitution protects certain children's rights, including
a stipulation that parents and the State care for, feed,
educate, and support children.  Nonetheless, approximately
26,000 children work in urban areas as street vendors, shining
shoes, or as prostitutes.  The majority of these children
suffer from malnutrition, lack of access to education, and
disease.  The employers of some young girls working as domestic
servants or nannies deny them access to education and mistreat
them.  Employers sometimes charge those who seek to leave
domestic jobs with robbery and turn them over to the police.
The armed forces Chief of Staff ordered all officers
responsible for recruiting to ensure that all conscripts met
the constitutionally mandated minimum age of 17 for military
service.  Many officers violated this order with impunity,
however, and the military took no disciplinary action against
them.
     Indigenous People
Paraguay has an unassimilated and neglected indigenous
population estimated at 75,000 to 100,000.  Weak organization
and lack of financial resources continued to limit access by
indigenous peoples to the political and economic system.
Indigenous groups relied primarily upon parliamentary
commissions to promote their particular interests,
notwithstanding the fact that the Constitution provides
indigenous people the right to participate in the economic,
social, political, and cultural life of the nation.  The
Constitution also contains protection for their property
interests, but these constitutional rights are still not fully
codified.
The Government's National Indigenous Institute has the
authority to purchase land on behalf of indigenous communities
and to expropriate private property under certain conditions to
establish tribal homelands, but the entity continued to be
poorly funded.  In addition, many indigenous people find it
difficult to travel to the capital to solicit land titles or
process the required documentation associated with land
ownership.  The main problems facing the indigenous population
were lack of education, malnutrition, lack of medical
attention, and economic displacement resulting from development
and modernization.  Despite frequent media attention, little
progress was made in 1994 in dealing with these problems.
     National/Racial/Ethnic Minorities
The Korean and Chinese communities experience social and
economic discrimination and are sometimes denied access to
credit terms enjoyed by other Paraguayans.  They are also
sometimes discriminated against in the housing market and do
not have equal access to private institutions and schools.
Although discrimination on the basis of national, racial, or
ethnic background is unconstitutional, the only redress is
through the civil courts.  Because of the costs, standard
length of a civil case (approximately 3 to 4 years), and a lack
of public confidence in those courts by those discriminated
against, most never seek redress in court.  During the year
there were no court judgments in civil cases brought on grounds
of ethnic or racial discrimination.
     People with Disabilities
The 1992 Constitution guarantees equal opportunity to people
with disabilities and mandates that the State provide them with
health care, education, recreation, and professional training.
It further requires that the State formulate a policy for the
prevention, treatment, rehabilitation, and integration into
society of people with disabilities.  Legislation establishing
these programs, however, has not yet been enacted.  Many people
with disabilities face significant discrimination in
employment; others are unable to seek employment because of a
lack of accessible public transportation.  Other than the
constitutional provisions establishing equal opportunity,
accessibility for the disabled has not been mandated through
law; the vast majority of the nation's buildings, both public
and private, are inaccessible to people with disabilities.
PARAGUAY2
TITLE:  PARAGUAY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Constitution allows both private and public sector workers
(with the exception of the armed forces and the police) to form
and join unions without government interference.  The
Constitution contains several provisions which protect
fundamental workers' rights, including an antidiscrimination
clause, provisions for employment tenure, severance pay for
unjustified firings, collective bargaining, and the right to
strike.  Approximately 9 percent of workers are organized.
In general, unions are independent of the Government and
political parties.  However one of the nation's three labor
centrals, the Confederation of Paraguayan Workers (CPT), has
traditionally been closely aligned with the ruling Colorado
Party.  The Government does not require the CPT to comply with
union election requirements to the same extent that it requires
compliance from the other labor centrals.  Government officials
were also accused of encouraging some of the recently organized
public sector unions to affiliate with the CPT.
All unions must be registered with the Ministry of Justice and
Labor.  The registration process is cumbersome and can take
several months.  Furthermore, employers who wish to oppose the
formation of a union can further delay union recognition by
filing a writ with the Government opposing it.  Virtually all
unions that request recognition eventually receive it, however.
The Constitution protects the right to strike and bans binding
arbitration.  Furthermore, high-level officials from the
Ministry of Justice and Labor have made themselves available to
mediate labor conflicts.  The Constitution protects strikers
and leaders against retribution, and several strikes occurred
in 1994.  Despite these provisions, employers dismissed many
strikers and labor leaders for attempting to form unions, for
carrying out routine union business, or for carrying out
strikes.  The International Labor Organization (ILO) is
currently considering two pending claims against the Government
for alleged violations of international labor standards.
Unions are free to form and join federations or confederations
and affiliate with and participate in international labor
bodies.
     b.  The Right to Organize and Bargain Collectively
The law provides for collective bargaining, and collective
contracts were successfully concluded in many cases.  The
number of successfully negotiated collective contracts
continued to grow in 1994; however, collective contracts were
still the exception rather than the norm in labor-management
relations and typically reaffirmed minimum standards
established by law.  When wages are not set in free
negotiations between unions and employers, they are made a
condition of individual employment offered to employees.
While the Constitution prohibits antiunion discrimination, the
firing and harassment of some union organizers and leaders in
the private sector continued.  Fired union leaders can seek
redress in the courts, but the labor courts have been slow to
respond to complaints and typically favor business in disputes.
The courts are not required to order the reinstatement of
workers fired for union activities.  As in previous years, in
some cases where judges ordered reinstatement of discharged
workers, the employers disregarded the court order with
impunity.  There are a number of cases in which trade union
leaders, fired within the last 5 years, have not yet received a
decision from the courts.
There were over 20 strikes by unions affiliated with the
independent labor central CUT alone, the vast majority of which
were directly related to the firing of union organizers, to
management violations of a collective contract, to management
efforts to prevent workers from freely associating, or to
benefit demands such as payment of the minimum wage or
contribution to the social security system.  The failure to
meet salary payments frequently precipitated labor problems.
Principal problems included bottlenecks in the judicial system
and an inability of the Government to enforce labor laws.
There were also complaints of management creating parallel or
"factory" unions to compete with independently formed unions.
There were several cases of workers not receiving the legally
established minimum wage or overtime pay who choose not to
protest because of fear of reprisal or anticipation of
government inaction.
Paraguay has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor.  However, substantiated cases
of abuse of national service obligations occurred during 1994.
There were several documented cases of draftees forced to serve
as laborers for military officers in their residences or
privately owned businesses.  Other than the abuse of national
service obligations, the authorities appear to effectively
enforce the law.  Domestics, children, and foreign workers are
not forced to remain in situations amounting to coerced or
bonded labor.
     d.  Minimum Age for Employment of Children
The office of the Director General for the Protection of Minors
in the Ministry of Justice and Labor is responsible for
enforcing child labor laws.  Minors between 15 to 18 years of
age may be employed only with parental authorization and cannot
be employed under dangerous or unhealthy conditions.  Children
between 12 and 15 years of age may be employed only in family
enterprises, apprenticeships, or in agriculture.  The Labor
Code prohibits work by children under 12 years of age, and all
children are required to attend elementary school.  In
practice, however, many thousands of children, many younger
than 12, work in urban areas engaged in informal employment
such as selling newspapers and sundries, shining shoes, and
cleaning car windows.  In rural areas, it is not unusual for
children as young as 10 to work beside their parents in the
field.
     e.  Acceptable Conditions of Work
The executive, through the Ministry of Justice and Labor, has
established a private sector minimum wage sufficient to
maintain a minimally adequate standard of living.  The minimum
salary was adjusted by 10 percent in June to $200 (379,000
guarani) a month in response to a loss in real purchasing power
of between 30 to 40 percent since 1989.  The Ministry is
unable, however, to enforce the minimum wage, and most analysts
agree that from 50 to 70 percent of workers earn less than the
decreed minimum.
The Labor Code allows for a standard legal workweek of
48 hours, 42 hours for night work, with 1 day of rest.  The law
also provides for an annual bonus of 1 month's salary and a
minimum of 6 vacation days a year.  The law requires overtime
payment for hours in excess of the standard, but there are no
prohibitions on excessive compulsory overtime.  Many employers,
however, violate these provisions.  Workers in the
transportation sector struck in March to demand that their work
day be limited to 8 hours and that they be paid the minimum
wage.
The Labor Code also stipulates conditions of safety, hygiene,
and comfort.  However, the Ministry of Justice and Labor did
not effectively enforce the Code's safety and hygiene
provisions, partially due to the lack of inspectors.  This led
the labor movement to sponsor inspector training programs
designed to ensure that violations were registered with the
Ministry.  Workers do not have the right to remove themselves
from situations which endanger health or safety without
jeopardy to their continued employment.  Although workers who
file complaints about such conditions are protected by law,
many employers took disciplinary action against protesting
employees with impunity.
PERU1
qTITLE:  PERU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                              PERU
Peru is a multiparty republic with a dominant executive branch
headed by President Alberto Fujimori.  Following the
President's April 1992 seizure of extraconstitutional powers,
he called elections for a new Congress, which drafted a new
Constitution approved in a 1993 referendum.  The President's
party controls the 80-member unicameral Constituent Congress.
The next Congress will have 120 members elected at large in
April 1995.  An independent tribunal has reviewed the most
senior judicial appointments, but two-thirds of the judges and
prosecutors remain provisional, chosen by the President.
The military and police share public security duties.  Since
1980 much of their efforts have been directed toward defeating
Sendero Luminoso and other antigovernment guerrillas.  As
government counterinsurgency policies became increasingly
effective, the threat from Sendero greatly declined, and the
human rights situation improved.  Nonetheless, the military and
the police continued to be responsible for serious human rights
abuses and, except in rare cases, continued to act with
impunity.
Peru's mixed economy combines free market capitalism with state
ownership of some major industries.  Minerals extraction and
processing account for nearly half the foreign exchange
earnings.  The Government pursued a market-oriented economic
stabilization and structural adjustment program, including
privatization of state-owned firms.  The economy continued to
recover from an economic crisis, with gross domestic product
rising 12 percent and inflation falling to 15.3 percent.
However, the 1993 census showed that over half of Peruvians
live in poverty, and nearly half of those in extreme poverty.
Most of the human rights problems in 1994 continued to be
related to the guerrilla war, in which over 27,000 Peruvians
have died due to actions and abuses by both sides.  The
Government lifted emergency zone status, which provides for the
suspension of certain constitutional guarantees, in six
provinces in November, but this status continued in Lima and
other provinces, affecting 48 percent of Peru's 22 million
people.  While the number of human rights abuses such as
extrajudicial killings and disappearances are down considerably
from previous years, the military and the police continued to
be responsible for numerous extrajudicial killings, arbitrary
detentions, torture, rape, and disappearances.  The Sendero
Luminoso and other terrorist groups were responsible for much
greater numbers of serious abuses, including assassinations,
massacres of indigenous people, torture, and the use of random
and specific acts of terror to intimidate the populace.
Perpetrators of human rights violations in general continued to
act with impunity.  There was no effort to investigate the 1991
Barrios Altos or 1992 Huancayo killings.  Congress passed a
special law to prevent the trial in the La Cantuta case (in
which army personnel abducted and killed nine students and a
professor from "La Cantuta" University in 1992) from going to a
civilian court.  While a military tribunal convicted a general
and eight other officers and sentenced them to jail terms,
there was no rigorous investigation of accusations of
involvement by higher officials.
The administration of justice continued to be slow,
inefficient, and frequently subject to charges of corruption,
although significant reforms are in progress.  The Government
established two groups to review cases of individuals who had
suffered prolonged detention without trial or who had been
wrongly arrested or convicted.  It also repealed the Terrorist
Repentance Law, the abuse of which led to large number of
arbitrary detentions based on false accusations, but it did not
address the fundamental problem of lack of due process.  Prison
conditions remained poor, although the Government did improve
some facilities.
By the end of 1994, Congress had not yet created the office of
the "Defender of the People" (which would serve as an ombudsman
on human rights issues) as called for in the new Constitution.
However, it passed legislation in October to reopen the offices
of human rights prosecutors, which the Attorney General had
closed in June when an executive decree restructured the Public
Ministry.  The Congress also created the National Judiciary
Council to provide an independent review of current provisional
judges and prosecutors, but it was not staffed or functioning
by year's end.  It postponed implementation of a new Criminal
Procedures Code subject to a congressionally mandated review
commission.  The Government continued to criticize harshly
local human rights groups, and the President publicly rejected
what he termed "foreign interference" in human rights and
democracy issues.  The dialogue between the Government and the
Coordinadora, an umbrella organization for human rights groups,
stalled over a number of issues.  Despite a generally free
press, some journalists were occasionally threatened and
harassed.  Peru's large indigenous population was subject to
widespread discrimination.  Violence against women remained
pervasive.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Since 1980 Peru has suffered a bloody guerrilla war waged by
the terrorist groups Sendero Luminoso and the Tupac Amaru
Revolutionary Movement (MRTA).  This war has caused over 27,000
deaths and numerous human rights abuses by both guerrillas and
security forces; Sendero Luminoso committed more killings than
the security forces.
The Coordinadora estimated that military forces were
responsible for at least 32 extrajudicial killings, the rural
self-defense forces known as rondas were responsible for 2, and
the National Police for 4.  Killings by the military could be
even greater, since according to credible reports, the army
killed an unknown number of civilians in Huanuco department in
April (the Coordinadora counted 25).  The reported level of
killings by government forces was slightly higher than in 1993,
but still substantially lower than previous years.  At the
height of the insurgency in 1992, the Coordinadora estimated
that security forces were responsible for 114 extrajudicial
killings.  Most of the 1994 killings took place in the Upper
Huallaga valley, where the level of conflict was highest, and
occurred in the course of a military sweep operation in Huanuco
department in April (see Section 1.g.).
On January 20, military police detained university student
Victor Raul Espinoza after he reportedly instigated an
altercation with military personnel near the presidential
palace in Lima.  They turned Espinoza over to the National
Police, who took him to a nearby police station where police
reportedly tortured and killed him.  Several hours later, the
police took Espinoza's bruised body to a local hospital.
Following an investigation, a judge found sufficient evidence
to indict 14 officers.  According to the attorney for
Espinoza's family, all 14 police indicted in the case remained
on active duty at the end of the year; the case remained open
but had not yet progressed beyond the investigative stage by
the Attorney General's office.
However, civil authorities neither investigated fully most of
the remaining killings by security forces, nor subjected the
perpetrators to judicial sanctions.  In those cases that were
taken up, the armed forces relied on provisions of the Military
Justice Code and the Constitution, the effect of which was to
preempt independent civilian investigation and prosecution of
cases involving military abuses.  Although administrative
sanctions and dismissals may have been decided in some cases,
this process often accorded impunity to the perpetrators of
human rights abuses.  It was unclear how long even those who
were convicted would stay in jail, in light of credible reports
that Captain Telmo Hurtado, who had confessed to and was
convicted for the 1985 Accomarca massacre, had reappeared on
active duty.
In January when a civilian judge indicted several army
personnel for the 1992 abduction and execution of nine students
and a professor from La Cantuta University, the army refused to
turn the soldiers over to civilian authorities, asserting that
the military court system had jurisdiction.  While the army
kept the indictees under military detention, the authorities
appealed the jurisdiction issue to the Supreme Court in early
February.  Before the Court could muster the required two-vote
margin in favor of either civilian or military trial, the
government majority in Congress passed a bill, subsequently
signed into law by President Fujimori, that permitted the
one-vote majority in favor of prosecution in closed military
court to be sufficient.  The military court convicted nine in
the case (a general and eight other commissioned and
noncommissioned officers) and imposed sentences ranging from 4
to 20 years in prison (one was later acquitted on appeal).
However, there was no rigorous investigation of allegations
that higher-level officials had either ordered the killings or
had covered them up.  Nonetheless, this was only the third time
since the onset of Sendero terrorism in which any court
convicted military officers for extrajudicial killings, and
included the highest ranking officer thus far convicted for
such offenses.
Sendero Luminoso continued to assassinate civilians, including
peasants, farmers, villagers, indigenous people, civil
authorities and public servants, as well as 40 members of the
security forces.  However, the number of people murdered by
Sendero declined significantly from 516 in 1993 to 215 in 1994,
as the security forces continued to capture terrorist leaders.
In addition, the Coordinadora reported the MRTA responsible for
22 political assassinations and unidentified subversives
responsible for 8.  Terrorist bomb attacks killed another 14
people.  In 17 other deaths, the Coordinadora was unable to
deduce from available evidence whether the security forces or
subversives were responsible.  The number of killings committed
by each side doubtless is underreported because of the
remoteness of many of the incidents and widespread distrust of
the authorities and the judicial system.
     b.  Disappearance
The number of reported disappearances in 1994 was the lowest
since 1982.  The Coordinadora registered only 25 unresolved
disappearances attributable to the security forces.  This
apparent reduction resulted from the Government's decision to
end in late 1992 the tacit reliance on security forces' use of
disappearances that characterized the previous two governments'
counterinsurgency practices.  Most of the disappearances
occurred in areas where the insurgency was most active:  Eight
in Ucayali department, six in San Martin department, four in
Lima department and the rest in four other departments.
However, with disappearances occurring in areas where the
Coordinadora does not have a permanent presence, these numbers
are subject to change.  For example, human rights observers
associated with the Coordinadora discovered that the provincial
human rights prosecutors based in the cities of Huanuco and
Huancayo had reported to the Attorney General a higher number
of 1993 disappearances in their jurisdictions than had been
previously believed.  The Coordinadora deduced that there may
have been as many as 168 unresolved disappearances in 1993
(previous estimates had ranged from 44 to 59).  During the
latter part of 1994, the Coordinadora was investigating and
attempting to confirm these reports.  The closure for most of
the year of Public Ministry human rights offices made it more
difficult to track disappearances in 1994 than in previous
years.
As in the past, the majority of complaints about disappearances
in 1994 implicated members of the security forces in the
emergency zones.  Testimony from witnesses and survivors
indicated that the most common scenario was for groups of men
in civilian attire to abduct individuals and take them to
military bases for interrogation.  They later turned some over
to the police for eventual terrorism trials, released others,
but some never reappeared.
On January 16, Orlando Lopez Villalobos was changing money at a
hotel in Pucallpa, Ucayali department, when navy personnel
forced him to give them his money and identity documents.  He
reported this act to the local Catholic vicar's office, then
went to the navy base to try to recover his money and papers.
Lopez was never seen or heard from again.  In another case in
Pucallpa, navy personnel detained Segundo Fernandez Ferrari on
March 20 at his home in front of relatives.  He never returned
home, and his whereabouts remain unknown.
Acting on provisions of a decree law issued by President
Fujimori, Attorney General Blanca Nelida Colan shut down the
Public Ministry's office of the Special Prosecutor for Human
Rights, which, among other responsibilities, tracked
disappearances on a full-time basis.  Government officials
justified this decision by citing the Constitution's creation
of a "Defender of the People" office that would also monitor
human rights.  By year end, the government-controlled Congress
had not passed enacting legislation for the new office, but it
did reopen the office of the human rights prosecutor on an
interim basis in November until the office of the Defender of
the People is established.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture and inhuman or
humiliating treatment, torture and brutal treatment of
detainees are common.  Eyewitnesses and human rights monitors
reported that government security forces routinely tortured
suspected subversives at military and police detention
centers.  Justice Minister Vega acknowledged in November at a
United Nations Human Rights Commission meeting in Geneva that
torture had not yet been eradicated in Peru but asserted that
reports of torture had declined.
Torture most often takes place in the period immediately
following detention.  The law permits police to hold a
terrorism suspect incommunicado for 15 days, and for another
15-day period in cases of treason (aggravated terrorism).  The
incidence of torture is high during this time, partly because
the detainee is not allowed access to family or an attorney
except when giving sworn statements to the public prosecutor.
The Government asserts that the more liberal access it
previously granted resulted in alleged miscarriages of justice
in favor of detained terrorists.  The law requires that the
authorities interrogate persons detained for terrorism in the
presence of a Public Ministry prosecutor, but they frequently
violate these standards, especially in the emergency zones.  A
1992 decree law eliminated the requirement that an attorney be
present during the initial stages of detention and
interrogation in terrorism or treason cases.  A modification to
that law, passed in 1993, permits a lawyer to be present when a
detainee signs any written document, including his or her
formal statement.
On September 13, the police arrested Maria Elena Foronda, an
environmentalist working in Chimbote, on suspicion of terrorism
after a so-called repentant terrorist taking advantage of the
amnesty law made an accusation against her.  After visiting her
in jail, Foronda's mother publicly claimed that police had
beaten Foronda and subjected her to psychological torture in an
attempt to force her to confess that she was a terrorist.
In early 1994, a Coordinadora delegation visited Picsi prison
near Chiclayo and interviewed dozens of detainees.  Virtually
all those interviewed complained that the police had tortured
them during the interrogation phase of their detentions;
several women claimed police had raped them.  The Coordinadora
noted that the incidence of torture was very high at police
stations but had declined at the prison itself.
Besides beatings, common methods of torture included electric
shock, water torture, asphyxiation, and hanging detainees on a
hook from a rope attached to hands tied behind the back.
Common forms of psychological torture included sleep
deprivation and death threats against both the detainee and his
or her family members.  Interrogators almost always blindfolded
their victims during torture so they could not later identify
their abusers.
There continued to be credible reports that members of the
security forces raped women, especially in the emergency
zones.  Following the alleged army indiscriminate killings of
civilians in Molluna and Moena in April (see Section 1.g.),
survivors claimed to have witnessed army personnel committing
numerous rapes of local women and girls.  In one scene shown on
television news, a man entered Molluna without the knowledge or
authorization of the military authorities, accompanied by
journalists, to search for his 16-year-old daughter after
troops had left the area.  The state of his daughter's remains
corroborated the testimony of a witness who told him several
soldiers had raped her.  Several members of a commission
sponsored by Congress's human rights committee, including
representatives of the Consejo por la Paz (Peace Council) and
the Coordinadora, visited the area and concluded that soldiers
had carried out at least two rapes.  The authorities took no
action to investigate or punish military rapists.  According to
eyewitnesses, on September 22, security forces raided the
village of Paraiso in San Martin department and raped a woman
and a 14-year-old girl.  Several days later, the lieutenant who
conducted the raid reportedly admitted in front of Paraiso
villagers and his commander in Tocache that he ordered the
rapes, but he has not been charged in this crime.
Many victims of Sendero terrorism also show signs of having
been tortured.  Sendero groups normally held a brief "people's
trial" in the presence of onlookers as a means of intimidation
before torturing their victims.  There were credible accounts
that Sendero tortured people to death by means such as slitting
throats, strangulation, stoning, and burning.  Mutilation of
the body was common; in the Monterrico massacre, Sendero
members cut up the bodies of their victims with machetes and
axes (see Section 1.g.).  In August Sendero sympathizers
tortured four people they accused of cooperating with the
police in the town of Llihuari, Huanuco department, for 3 days
before killing them.
Conditions for many prisoners continued to be poor, although
the Government made a costly and extensive effort to improve
existing penal facilities, construct new penitentiaries, and
ameliorate the physical conditions of detention.  Nonetheless,
prisoners in many facilities continued to experience unsanitary
facilities, poor nutrition and health care, and occasionally
harsh treatment by both prison staff and fellow inmates.  Picsi
prison near Chiclayo, for example, holds twice the number of
inmates for which it was designed and has no running water.
Illegal drugs, tuberculosis, and AIDS are at near-epidemic
proportions in Lima's Lurigancho prison, the country's largest,
containing nearly 25 percent of the male prison population.
The prison in Huancayo is prone to flooding, and electrical
wires are exposed in various parts of the building.  Detainees,
held temporarily in windowless cells in Lima's palace of
justice, are not allowed outside for exercise and fresh air and
are taken to the bathroom only once a day.
Since prison authorities reestablished control in 1992 in
prisons formerly managed in all but name by Sendero,
prisoner-on-prisoner violence and abuse of inmates by prison
officials appears to have declined.  However, corruption
continued to be a problem among prison staff, who were
implicated in offenses such as sexual blackmail, selling
narcotics and weapons, and arranging escapes.  Prisoners often
have to bribe guards to get a mattress and report that guards
subject inmates to beatings, torture, and degrading treatment.
The Government showed a greater willingness to clamp down on
corruption than in past years.  Prison authorities fired some
officials at Lima's San Jorge facility for charging money to
permit relatives to give food and medicine to some inmates.  In
late September, the authorities removed from duty the warden
and a number of corrupt police guards at Lurigancho prison.
The Government built a number of prisons around the country and
completed renovation of two of the largest facilities for
terrorism convicts and detainees, Castro Castro in Lima and
Yanamayo in Puno department.  These projects helped alleviate
the severe overcrowding in the prison system and improved the
physical conditions in which many inmates must live.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution, the Criminal Code, and antiterrorist
legislation delineate the arrest and detention process.
However, a number of constitutional protections are suspended
in emergency zones.  For example, security forces do not need
an arrest warrant; they may legally hold incommunicado those
detained for treason or terrorism and deny them access to an
attorney during the interrogation period, except when giving
formal statements.
In areas not subject to a state of emergency, the law requires
a judicial warrant for arrest, unless a perpetrator is caught
in the act.  In addition, the Organic Law of the National
Police--in contradiction of the Constitution and other laws--
permits detention of an individual for any investigation.  The
authorities must arraign persons arrested within 24 hours (but
they frequently violate this legal provision, according to
informed observers), except in cases of terrorism, drug
trafficking, or espionage, for which the limit is 15 to 30
days.  If the military is the detaining authority, it must turn
over detainees to the police within 24 hours (or as soon as
practicable in remote areas).  The military disregarded this
law in many cases.
Detainees have the right to choose their own attorney, or the
Government must provide counsel at no cost.  Often this does
not occur in practice, and human rights monitors report
instances in which court clerks (or in one case, an army cook)
were deputized to stand in as public defenders.  There is no
functioning bail system, although a form of provisional liberty
is theoretically available for persons not accused of
terrorism, espionage, or narcotics offenses.  A 1993
modification to antiterrorism legislation authorized
first-instance and superior court judges to order the
unconditional release of terrorism defendants if there is
insufficient evidence to bring a case against them.  However,
judges have not applied this law in practice; rather, persons
accused of terrorism sometimes must wait until their cases have
been reviewed and dismissed by the Supreme Court before they
are freed, a process that often lasts more than a year after
the defendant's arrest.
Juan Mallea, an evangelical pastor who drove a taxi to help
support his family, was arrested in July 1993 when he drove a
customer to a house that was being raided by antiterrorism
police.  The passenger turned out to be a member of Sendero
Luminoso; the police accused Mallea of drawing a map found
inside the house.  They presented him publicly in striped jail
clothes; Mallea later claimed that the antiterrorism police
tortured him.  Although independent handwriting experts
testified that Mallea could not have been the author of the
map, and despite being acquitted by a circuit court judge, the
authorities did not free him until April, when the Lima
superior court finally ruled in his favor.
Another 1993 modification to the antiterrorism laws restored a
detainee's right to a prompt judicial determination of the
legality of the detention ("habeas corpus").  In practice,
however, this has proven to be ineffective; according to human
rights attorneys, judges have denied the vast majority of such
requests.
The Public Ministry inaugurated a National Registry of
Detainees to track cases of persons arrested for terrorism
offenses.  Both the police and the military must report the
names of anyone they detain within 24 hours.  The Government
also formalized the registry statutorily (it had been
established provisionally in 1992) and created an interagency
committee to oversee its operation and correct any problems.
The Registry opened to the public in Lima in February; branch
offices were inaugurated in Tarapoto, San Martin department, in
September and in Ayacucho in November.  Some registry users
have commented that it is incomplete and that the military and
police frequently do not provide informations on detainees in a
timely fashion.
Apart from an interruption of its access in northern Huanuco
department in April (see Section 1.g.), the International
Committee of the Red Cross (ICRC) operations proceeded
normally.  The authorities permitted ICRC representatives to
visit detainees in any place of detention, including prisons,
jails, police stations, and military bases.
According to Justice Minister Vega, 80 percent of the country's
prison population, or 16,000 of the 20,000 prisoners, consisted
of accused persons awaiting trial.  The special terrorism
prosecutor's office reported that 4,888 persons awaited trial
for terrorism or treason as of August 31.  The average delay
between arrest and civilian trial on criminal or terrorism
charges was between 26 and 36 months.  However, those tried on
treason charges by military courts generally wait no longer
than 40 days between the time of detention and the beginning of
the trial.
Persons accused of terrorism must remain in custody while
awaiting trial, no matter how little evidence there is against
them.  During this time, only immediate family members may
visit them for a total of 15 minutes per month.  Since the
antiterrorism decrees took effect in 1992, there were numerous
instances when the authorities arrested and detained people
with very weak or no evidence against them.  The police
arrested Jesus Alfonso Castiglione, the owner and operator of a
radio station in Huacho, in April 1993 when some of his
possessions were found in an apartment in another city where a
known terrorist was captured.  Castiglione had been a tenant in
the apartment a year before; he had left some of his belongings
there as a security deposit and was unaware that the owner had
decided to rent the apartment to someone else after he moved
out.  Despite the lack of evidence linking him to terrorism, a
court convicted Castiglione in August, and he began serving a
20-year sentence while awaiting action on an appeal to the
Supreme Court.
Although government regulations to end public displays of
detainees were issued in January 1995, there were numerous
cases in 1994 in which police or the military presented
detainees in striped jail clothes to the media as terrorists.
Occasionally such detainees were acquitted because they were
innocent or for lack of evidence; many of those acquitted
charged that they had been stigmatized by these public displays.
There were a number of arbitrary detentions as a result of
abuse and misapplication of the Terrorist Amnesty Law, which
Congress repealed effective November 1.  Under its provisions,
terrorists could have their sentences reduced or suspended if
they gave authorities the names of terrorist leaders.  This
plea-bargaining option led many terrorists to accuse innocent
people of being subversives, and the authorities detained
hundreds of people around the country solely on the basis of
such accusations.
The police first arrested journalist Javier Tuanama in October
1990 and accused him of belonging to MRTA.  After a long
judicial process, the courts finally acquitted Tuanama in March
and released him from prison.  However, just after he walked
out of jail, the police rearrested him on another outstanding
warrant:  a "repentant" terrorist had accused Tuanama of
recruiting young people for MRTA in Amazonas department in
December 1990 (when he was in jail).  A court acquitted Tuanama
of two charges, but then sentenced him to 10 years in prison
based on a third charge that he had given refuge to repentant
MRTA members, despite retractions by the two terrorists who
accused him.  Tuanama has spent 4 years in prison.
PERU2
qTITLE:  PERU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
The Government created two separate commissions to review cases
of people unfairly detained for long periods.  An executive
branch commission, formed in February and consisting of several
lawyers, reviews cases of individuals detained on terrorism
charges.  A second commission, established by the Congress in
June and installed in December, will review both terrorism and
criminal cases and recommend presidential "grace" for detainees
who have waited long periods without a trial and who appear to
be innocent.
Inconsistencies in the application of the terrorist amnesty law
were also apparent.  In October, in contravention of the
anonymity clause in the law, President Fujimori publicly named
a university rector and a superior court judge as repentant
terrorists.  The authorities detained the rector, Abner Chavez,
and the judge, Luis Galindo, for 1 month after Fujimori's
statement.  After their release Chavez and Galindo denied
having been Sendero supporters and announced plans to seek
restitution for having been falsely accused.
Although the Constitution does not explicitly prohibit it, the
Government did not practice involuntary exile of its citizens.
Several public figures, however, remained in voluntary exile to
escape what they perceived to be political persecution.
Although others claimed they were in exile, they apparently
fled from what appeared to be legitimate criminal charges.
     e.  Denial of Fair Public Trial
The Peruvian system of criminal justice is generally based on
the Napoleonic Code.  A Public Ministry prosecutor investigates
arrests and criminal complaints and then submits an opinion to
a first-instance judge, who decides whether to indict.
Following study of the case, the judge renders a verdict, which
is then reviewed by a superior court prosecutor.  The superior
court prosecutor then submits an opinion on the case to a
superior court judge, who holds a trial.  Terrorism cases, on
the other hand, are tried by anonymous superior court tribunals
made up of three judges.  Virtually all civilian court
convictions are appealed to the Supreme Court.
Defendants have the right to be present at their trial,
although there were instances of trials in absentia of
fugitives (however, a 1993 modification to antiterrorism laws
eliminated convictions in absentia).  Although there were
trials in absentia, they did not lead to convictions, but to
acquittals or judgments in reserve until the defendant was in
custody.  Defendants have the right to counsel, but the
Government often does not provide the indigent with qualified
attorneys.  Following an investigation and filing of charges, a
judge renders a verdict.  Sentences may be appealed to a panel
of judges.
The judicial branch rarely has been fully independent of the
executive.  However, the 1993 Constitution contains a number of
provisions, including an improved system for naming judges,
that provides for a significantly more independent judiciary.
President Fujimori provisionally appointed some two-thirds of
the incumbent judges and prosecutors after he seized
extraconstitutional powers in 1992.  In 1993 the new Congress
appointed an independent tribunal to review the 1992 dismissals
of hundreds of judicial officials, to examine the
qualifications of President Fujimori's appointees, and to
replace those found to be unqualified.  By December this
tribunal completed its review of all the judges and prosecutors
in Lima.  The tribunal found a large number of provisional
judges and prosecutors unqualified and replaced them.  Human
rights groups and independent observers applauded many of the
changes, and reports of corruption decreased with respect to
the reformed jurisdictions.  At year's end, judicial officials
outside Lima had not been reviewed.
The legislative and executive branches openly interfered with
an ongoing judicial branch action when, in February, they
approved a law that imposed a new voting formula on Supreme
Court decisions concerning civil versus military jurisdiction.
This law in effect gave jurisdiction over a sensitive human
rights case (the La Cantuta case--see Section 1.a.) to the
military court system.
There continued to be widespread charges of corruption and of
suborning of judges, prosecutors, police, and witnesses at all
stages of the judicial process, although the number of
complaints in Lima decreased significantly after permanent
judges were named to the Supreme and superior courts.
Government efforts to reduce corruption included a salary raise
for judges and a more active judicial branch control mechanism
to investigate allegations of bribes.  This office of control
dismissed 19 career judges and 33 provisional judges for
misconduct during the year; it fined another 215; and it
admonished 439 for various irregularities.  The Government's
1995 budget allocations include a 70 percent real increase in
funds for the judiciary and a 149 percent real increase for the
Public Ministry, whose responsibilities will dramatically
increase once the long-delayed new Criminal Procedures Code is
brought into force.  The high cost of litigation limited access
to the judicial system, as did the lack of public judicial
services in many isolated areas of the country.
Civilian courts made limited progress in tackling the judicial
backlog, a product of inefficiency, lack of infrastructure and
personnel, archaic case law and criminal procedure law, and the
high number of terrorism cases.  According to the National
Prisons Institute, there were 13,791 detainees awaiting trial
throughout the country on June 30.  Meanwhile, a backlog of 800
to 1,000 cases challenging the constitutionality of laws or
official actions remained pending in the absence of actions to
establish the Tribunal of Constitutional Guarantees provided
for in the new Constitution.
Sendero and MRTA threats and intimidation of judges were one of
the justifications for President Fujimori's overhaul of the
antiterrorism trial system in 1992.  Civilian courts now try
terrorism cases in anonymous tribunals made up of three
"faceless" judges.  An August 1992 decree law classified many
terrorism cases as treason and therefore triable by military
courts; the lesser cases are heard by civilian tribunals.  In
November Justice Minister Vega announced that he had proposed
an end to the use of faceless judges to try civilians accused
of terrorism, an end to military tribunal jurisdiction over
civilians, and an end to the trial by faceless judges of minors
charged with terrorism.  These proposals were before the
Council of Ministers at year's end.
Between September 1992 and August 1994, according to the
official government newspaper, the military courts remanded 122
cases to civilian jurisdiction after finding that there was not
enough evidence to try some individuals for treason.  Informed
observers believe that antiterrorism police in effect decide
which cases are tried in military courts and which are tried in
civilian courts.  According to various human rights observers,
approximately 80 percent of treason trials in military courts
resulted in convictions; civilian terrorism tribunals, in
contrast, convict only around 60 percent.  Treason convictions
carry sentences from 30 years to life in prison; there were 217
persons serving life sentences for treason at the end of 1994.
Proceedings in military courts do not meet internationally
accepted standards for due process.  Military trials are closed
to the public and carried out in secrecy.  Defense attorneys do
not have access to the evidence, nor can they interview police
or military witnesses (to protect their identities) prior to or
during the trial.  Military judges rarely have any legal
background; they are active duty line officers.  However,
military justice system officials say they are making efforts
to increase the number of judges with legal backgrounds.
Military tribunals in theory must pass judgment within 10
days.  A case may be appealed to the War Council, which has 10
days to make a decision.  A final appeal to the Supreme Council
of Military Justice must be acted on within 5 days.  However,
this calendar is subject to delays in a number of cases.  Human
rights groups charge that military trials have railroaded some
defendants and sentenced them before their lawyers were even
notified that the trial had begun.
Statistics for military prosecutions of civilians suggested
greater care and selectivity in the application of treason laws
to the most serious cases.  In 1994 military courts prosecuted
civilians in 356 treason cases compared to 315 in 1993, but
imposed life sentences on 72 persons, compared to 117 in 1993.
Although the proceedings in military courts for all practical
purposes are summary, not all those prosecuted are convicted.
The military courts acquitted defendants in 7 cases and
remanded 53 cases to civil authorities.  The Government has
publicly recognized that military trials of civilians are a
temporary, extraordinary measure out of step with international
norms, to be reformed as soon as the situation in its judgment
permits.  The authorities also began a review process of
military trials.  In late 1993, this review process absolved
Miguel Ruiz-Conejo, who had been wrongly convicted of treason
in a military court, and ordered his release.  In 1994 a
special military tribunal annulled five life sentences after
discovering procedural and other errors in reviewing those
trials.
In late April, the Government postponed indefinitely
implementation of a new Criminal Procedures Code that was to
have taken effect on May 1.  The new Code would have instituted
accusatorial investigative and trial procedures.  Instead, the
Government established an interagency commission to "reconcile"
the Code with the 1993 Constitution and present the Congress
with a plan for the gradual application of the revised Code.
Informed observers claimed that the Government postponed the
Code's implementation because the National Police were unhappy
with provisions that would grant more investigative authority
to prosecutors; because the armed forces opposed a provision
that would mean prosecution of military personnel in civilian
court for crimes such as murder that do not come under the
Military Code of Justice; and because the Public Ministry was
not prepared in terms of budget or personnel to put the new
Code into practice.
In 1993 an international panel of distinguished jurists visited
Peru and studied the legal and judicial system to determine
whether or not there was adequate due process, particularly in
terrorism trials.  The panel recommended eliminating military
trials of civilians and reintroducing precepts of due process
suspended by the 1992 antiterrorism decrees.  When the jurists
made their report public in April, President Fujimori and his
Justice Minister rejected it as interference in Peru's internal
affairs.  The Government maintained that further changes in the
law and procedures used in treason and terrorism cases must be
linked to progress in pacification, as well as to reform of the
judicial branch.  The jurists' report stimulated a serious
public debate.
The new Constitution provides for several new judicial
institutions to help create a more effective and independent
system of justice:  an Office of the Defender of the People (a
human rights ombudsman); a Tribunal of Constitutional
Guarantees (which would rule on the constitutionality of
legislation and government actions); the National Judiciary
Council (a permanent, independent entity in charge of testing,
naming, confirming, and periodically evaluating and
disciplining the country's judges and prosecutors); and a
Judicial Academy (to train judges and prosecutors).  The
Congress passed legislation to define the structure and
functions of only the last two institutions; it had not
established the other entities by the end of the year, but did
create the Tribunal of Constitutional Guarantees in January
1995.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution requires security forces to have a judicial
warrant to enter a private dwelling, but this requirement is
suspended in the emergency zones, and security forces in those
areas routinely conduct searches of private homes without
warrants.  The law requires that a Public Ministry prosecutor
be present during searches.  There were plausible reports that,
on occasion, police planted subversive pamphlets in the homes
of persons they suspected of terrorism but could not otherwise
arrest for lack of evidence.  There were frequent credible
reports of illegal telephone wiretaps.  In August and
September, several prominent journalists, opposition
politicians, and retired military officers made credible claims
that the Government's intelligence services followed them,
videotaped them, and recorded their private conversations.
In Lima and other urban areas, the army conducted "sweep"
operations in which soldiers surrounded and sealed off targeted
neighborhoods to conduct house-to-house searches.  They
detained persons wanted for a crime and held for questioning
those found with unregistered weapons, subversive material, or
without identity documents.  Public prosecutors routinely
accompany these operations, and citizens made few complaints of
serious abuses stemming from them.
A number of rural communities--with arms, training, and
encouragement from the army--have organized self-defense
forces, or rondas, to protect themselves against terrorist and
bandit incursions.  These have had a noticeable impact on
curbing Sendero's presence in certain areas of the country.  In
some parts of Peru, rondas have existed for centuries as a form
of social organization and to protect communities from invaders
and rustlers.  However, military authorities organized many of
the newer rondas and sometimes coerced peasants into
participating.  As a regular practice and to a far greater
degree, Sendero also forced peasants to join its military
ranks, often for extended periods, coercing their participation
in terrorist attacks and executions.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Although the Government stated that its security forces did not
have a policy of indiscriminate violence against civilians,
army troops nevertheless killed an undetermined number of
noncombatants in the Upper Huallaga valley.  Between March 29
and March 31, according to witnesses who testified before the
local prosecutor, an army patrol detained and then killed
between 8 and 12 villagers in Cayumba Chico, south of the city
of Tingo Maria in Huanuco department.  The army also began to
deny access to the zone north of Tingo Maria and west of the
Huallaga river to delegates of the ICRC.  In the course of a
claimed major sweep between April 5 and April 8, members of the
army, using both helicopters and ground troops, entered the
settlements of Molluna and Moena and, according to similar,
credible accounts by numerous eyewitnesses, indiscriminately
killed most of the population.  In some cases rape and torture
preceded the killing.  The army reportedly fired rockets from
helicopters at the settlements.
The exact number of dead was difficult to determine because the
army closed the zone to nonmilitary personnel for 7 weeks,
during which time remains could have been moved or buried, and
because many of the residents were transient farm workers whose
only relatives were unlikely to report them as missing.  The
Coordinadora decided to list only 25 persons as victims of the
army operation--the only ones who could be identified by name,
based on eyewitness reports and identified remains.  The armed
forces, the Congress, and the Attorney General's office
undertook investigations into these killings.  In November a
special prosecutor responsible for investigating this incident
brought charges in a civilian court against an army captain for
ordering the deaths of at least eight persons.  The army
subsequently undertook other large-scale operations in other
regions of the country without new claims of abuses, possibly
indicating that commanders made a conscious effort to avoid
what happened in April.
Although both the army and Sendero Luminoso violated
humanitarian law in Peru's internal conflict, the latter was
responsible for many more heinous violations than the former.
Sendero frequently used arbitrary violence against civilians
and nonmilitary targets.  It continued to detonate powerful
bombs in public places, indiscriminately killing and injuring
dozens of bystanders, and persisted in its practice of entering
villages and killing residents.  Many of the victims were
unarmed women and children.  Terrorist bomb attacks perpetrated
by Sendero and MRTA killed 14 people and injured 86.
In April, in one of its more gruesome massacres, a Sendero
Luminoso column entered the village of Monterrico in the
Mazamari district of Junin department, burned down houses, and
tortured and beheaded 18 residents.  In the same area in August
residents discovered graves of several Ashaninka Indians
believed to have been killed by Sendero (see also Section 5).
In armed confrontations, Sendero never took prisoners or
attended to the wounded; its normal aim was to kill as many
people as possible.  Sendero also practiced forced military
conscription of both adults and children.  The law prohibits
military conscription of children, and government forces
respected this prohibition.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and freedom of
the press.  While the Government generally respected this
provision, there were many instances when government officials
or members of the security forces harassed media
representatives.  The Government also used its economic power
and the legal system to exert influence over the media.
The media represent a wide spectrum of information and opinion,
with 8 television stations, 3 cable systems, 72 radio stations,
and 16 daily newspapers in Lima alone.  The media regularly
criticize the Government and its policies.  The Government owns
a television network, a daily newspaper, and a radio station,
none of which is particularly influential.
Opposition political parties and factions have access to the
media.  Television stations, although generally progovernment,
provide regular access to opposition figures on a variety of
news and public affairs programs.  The written press is defined
by extremes, with many leading newspapers and magazines either
strongly for or against the Government.
The Government took steps to eliminate the applicability to the
media of the Constitution's "habeas data" provision.  This
legal mechanism gives citizens the right to demand
rectification for articles or reports they consider slanderous.
Many journalists viewed this provision as a potential tool to
censor and harass the press.  As a result of these concerns,
the government majority in Congress voted 56 to 1 on August 18
to remove from the Constitution the portion of the "habeas
data" clause related to the press.  Local journalists praised
this action, as did the Inter-American Press Society which
called the vote "an important step towards full observance of
press freedom."  However, the measure will not become law until
the Congress approves it a second time in a subsequent
legislative session and the President signs it.
On several isolated occasions, government officials took
measures that interfered with press freedom.  On April 15,
President Fujimori personally ordered a Reuter television crew
to erase video footage it had taken during his visit to a
maximum security prison in Puno, which showed Sendero Luminoso
prisoners reading a statement about their support for a then
secret peace letter.  The foreign correspondents' association
protested the action but received no response from the
Government.
Also in April, the military justice system indicted six retired
generals on charges of "insulting the armed forces."  The
retired officers had, in various press interviews, criticized
decisions by the army leadership.  Despite their retired
status, they were subjected to court-martial.  In addition, a
military court summoned a journalist for the opposition daily
La Republica in April to explain his February 13 interview with
one of the indicted generals who had criticized the army's
handling of the La Cantuta case.
On April 30, army personnel arrested and beat radio journalist
Cesar Flores in Huanta, Ayacucho department.  The day before,
Flores had denounced the army's mistreatment of another
journalist.  The army held Flores at the local army base for 6
days on trumped-up charges that he had not done his obligatory
military duty.
In March a Lima radio journalist began receiving anonymous
telephone calls threatening him with death if he did not stop
criticizing the Government.  When the journalist complained to
police, they sent him official notices to appear for
interrogation regarding alleged terrorist actions that had
occurred in far-off provinces.  The harassment stopped after
international human rights monitors expressed interest in the
case.
On September 2, the commander of the first military region,
army Lieutenant General Howard Rodriguez, ordered his staff to
expose the film of a La Republica photographer who had shot
footage showing the General handing out calendars and posters
of President Fujimori.  General Rodriguez also allegedly
threatened the reporter.  Although observers agreed that the
General's original activities constituted a probable violation
of the constitutionally mandated political neutrality of the
armed forces, the authorities took no action against him.
The authorities continued to detain 15 journalists for trial on
terrorism charges at the end of 1994; the courts acquitted
13 others of terrorism charges during the year.  However, their
detentions did not appear to be the result of a government
policy to persecute journalists.
The Government also exercises substantial influence over the
media through the placement of advertisements.  Some media
owners claim that the Government also encourages private
advertisers to boycott opposition publications and uses tax
investigations to harass the opposition media.  Many media
owners are involved in other economic activities that require
government licensing or involve bidding on government
contracts.  All these factors result in a degree of self-
censorship, particularly in the broadcast media.
The Government often restricted opposition media access by
refusing to send news releases and other information to some
magazines and limiting access to official transportation when
the President visited remote parts of the country or traveled
to other nations.  However, after widespread criticism of the
secrecy that characterized the army's April sweep operation in
Huanuco department, the military authorities began to report
publicly on a more regular basis the results of their
operations.
The Government also used the legal system to keep opposition
journalists off balance.  Enrique Zileri, publisher of the
opposition weekly magazine Caretas, was subject to a judicial
order to seize his possessions in July.  The judge who signed
the order immediately took a vacation, leaving a substitute
judge to carry out the action.  The attempted seizure resulted
from accusations by a convicted felon who objected to his name
being used in a Caretas story on drug trafficking.  The case
had supposedly ended some time earlier, when the superior court
had ruled in Zileri's favor, yet somehow a second case for the
same alleged offense was initiated.  Last-minute action by
Zileri and his attorney prevented the police contingent that
appeared on his doorstep from enforcing the seizure.  An
editorial in the July 27 edition of the conservative daily
newspaper El Comercio said the case had "awakened suspicions"
about the "series of intimidating actions taken against"
members of the political opposition.
As with other sectors of society, the media were not immune to
Sendero Luminoso attacks.  The most notorious example of
Sendero violence against the media occurred on March 14, when
the house of Patricio Ricketts, a columnist with the daily
newspaper Expreso, was bombed.  The attack, which killed a
passerby and wounded Ricketts' daughter, appeared to be in
retaliation for a Ricketts column titled "Sendero is
annihilated," which had appeared in Expreso the previous day.
Officials at Channel 2, the most progovernment television
station (and the site of a 1992 Sendero car-bombing), also
reported receiving regular Sendero threats.  Even opposition-
leaning Channel 9 arranged for a group of soldiers to occupy a
floor of its central office building as a form of insurance
against Sendero attacks.
The Government generally respected academic freedom as long as
it did not involve direct confrontation with security
practices.  The Government usually does not interfere in the
teaching, discussion, or publication of a variety of opinions;
however, all forms of indoctrination by subversive groups are
prohibited, and teachers who express support of terrorist
ideology are subject to prosecution.
Sendero and, to a lesser extent, MRTA, have for a long time
used threats and abuse against faculty, staff, and students in
an effort to gain control of a number of universities.
However, since the military took control of campus security at
several universities in 1991 and 1992, the terrorist groups
have maintained a lower profile.
     b.  Freedom of Peaceful Assembly and Association
The Constitution expressly provides for these rights, and the
authorities normally respect them in practice, except in areas
under a state of emergency (where the right of assembly is
suspended).  Public meetings in plazas or streets require
advance permission, which may be denied only for reasons of
public safety or health.  Municipal authorities usually
approved permits for demonstrations in Lima and nonemergency
zones.  Unauthorized public meetings occurred, and the police
occasionally used clubs, tear gas, and water cannons to break
up marches or disperse large crowds, sometimes using excessive
force.  The police interrupted both unruly and peaceful
gatherings this way in Lima, using these tactics against
striking public service workers, small political rallies, and a
march by students protesting human rights violations.  In
October police fired on a union march by dock workers in the
port city of Callao, wounding two protesters.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this provision in practice.  The
Constitution recognizes Roman Catholicism "as an important
element in the historical, cultural, and moral development of
the nation," but also establishes the separation of church and
State.  Conversion to other religions is respected, and
missionaries are allowed to enter the country and proselytize.
Sendero Luminoso rejects religion and continued to threaten and
intimidate religious workers.  In addition to threats, Sendero
terrorists threw a stick of dynamite at a Mormon chapel in
Chilca in June.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right of free movement, and
there are no political or legal constraints on foreign travel
or emigration.  However, the authorities can restrict people
with pending criminal and, in some cases, civil charges from
leaving the country.  Freedom of movement is suspended in the
emergency zones but is generally permitted under control of the
army.  Nonetheless, the authorities may detain travelers in the
emergency zones at any time.  During the army's operation in
northern Huanuco department in April, the army closed a zone
north of Tingo Maria and west of the Huallaga river for several
weeks (see Section 1.g.).
The Constitution prohibits the revocation of citizenship.
Repatriates (both voluntary and involuntary) are not treated
any differently than other citizens.  Peru has provisions for
granting asylum and refugee status; the procedures have been
used by small groups of persons in recent years, principally
Cubans.  Refugees are not forced to return to countries in
which they fear persecution.
PERU3
3k3kTITLE:  PERU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
On occasion, Sendero tried to interrupt free movement within
the country, conducting "armed strikes" during which civilians
were told to stay home or risk reprisals.  Public and private
vehicles operating during such strikes were subject to attack.
Sendero's armed strikes were significantly less successful in
1994 than in previous years.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for the right of citizens to choose
and change the laws and officials that govern them, and
citizens exercise this right in practice.  Voting is mandatory
by secret ballot for all citizens between the ages of 18 and
70; however, prisoners and members of the armed forces and
police are ineligible to vote.  The law bars only groups that
advocate violent overthrow of the Government from participating
in the political process.  The Fujimori administration
tolerated opposition groups representing a wide variety of
opinion and ideology and did not hinder them from criticizing
the Government.
The campaign for the 1995 presidential and congressional
elections began in late 1994.  Under a provision of the new
Constitution, President Fujimori will seek reelection.  In
October an unprecedented 26 political groups representing a
wide political spectrum launched presidential bids, though the
independent National Elections Board disqualified nearly half
for failure to meet registration requirements.
Opposition politicians, human rights groups, and the media all
complained of the incumbent's unfettered access to government
resources to promote his candidacy.  There were already a
limited number of reports of instances of irregularities in the
campaign, such as government harassment of, and spying on,
opposition members.  Nevertheless, opposition candidates were
able to campaign across the country and hold rallies (including
in the government-declared emergency zones), buy
advertisements, and speak freely to the press.
There are no laws that restrict women and minorities from
participating in government and politics; both women and
minorities (including indigenous people), for example, are
represented in the Congress and some senior government
leadership positions.  There are 7 congresswomen out of
80 members.  Two of the 14 cabinet ministers and several vice
ministers are women, as is the Attorney General and a supreme
court justice.  Four of the 26 people declaring candidacies in
the 1995 presidential campaign were women, though 2 failed to
meet election board requirements, and 1 later withdrew.
President Fujimori is from a racial minority.  There are two or
three indigenous congressmen, and one recent vice president was
a Quechua speaker.  There are some indigenous prosecutors, and
one of the declared presidential candidates is a Quechua
speaker from Ancash.  However, it is difficult for indigenous
people to reach the highest leadership levels in both the
public and private sectors.  Discrimination has often led to
exclusion of these groups from leadership positions in
government and business (see Section 5).
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government allowed numerous nongovernmental organizations
(NGO's) dedicated to monitoring and advancing human rights to
operate independently, although government officials often
criticized them.  The military often restricted the ability of
local and international human rights workers to investigate
human rights abuses; the Government usually ignored human
rights groups' requests for information; and it prohibited many
human rights monitors--but not the ICRC--from visiting key
prisons.  Verbal attacks by the Government against both
domestic and international human rights monitors suggested a
hardening of the Fujimori administration's attitude toward the
role of NGO's (especially those associated with foreigners) in
bringing human rights abuses to public attention.  Legitimate
fears of physical attack by Sendero severely limited the
ability of human rights monitors to carry out their work.
The vast majority of Peruvian human rights NGO's are
independent and generally objective in their views.  Several
private human rights groups joined in 1985 to form an umbrella
organization known as the National Coordinating Committee for
Human Rights, or Coordinadora.  Over 40 groups from around the
country are either voting or observer members of the
Coordinadora.  The Coordinadora maintains a policy of not
mixing politics with human rights (although its individual
members may occasionally do so, but not under the
Coordinadora's name), and its members function as credible,
thorough, and impartial observers.  The previously established
dialog between the Government and the Coordinadora stalled over
dissatisfaction with progress on key agenda items and Congress'
action in the La Cantuta case.
Local groups repeatedly denounced Sendero Luminoso as the
largest violator of human rights in Peru, while simultaneously
documenting the many violations by government forces.  In fact,
strong documentary evidence proves that Coordinadora members
have been balanced in their denunciations of abuses by both
sides.  Nevertheless, President Fujimori, other government
officials, members of the business community, and the
progovernment press often unfairly accused human rights groups
of being defenders of terrorism and of criticizing only
government abuses, not those of Sendero.  For example, in
January government-party Congresswoman Martha Chavez called for
greater congressional oversight of NGO's on the grounds that
some of them were allegedly "financing terrorism."  However,
she produced no evidence to prove her accusation.  The
Coordinadora and other organizations responded by noting that
by law their accounting was transparent and proved that they
were not channeling funds to terrorist groups.
In April the Government's public attacks on human rights groups
stepped up as those groups denounced the reported army killings
in sweep operations in Huanuco department.  President Fujimori
criticized human rights organizations, claiming they had not
denounced human rights violations by terrorists.  Health
Minister Jaime Freundt publicly accused human rights NGO's of
defending Sendero Luminoso.  In addition to reversing for
7 weeks the policy of allowing the ICRC access to the zone
where the operation took place, the political-military
commander of the Huallaga front, where the Huanuco killings
took place, alleged to the media in April that the ICRC was
collaborating with terrorists.  Finally, on April 27, the
government-controlled Congress passed a resolution condemning
the Coordinadora for supposedly lying and exaggerating its
denunciations of the Huanuco killings and thereby "damaging the
image and prestige of Peru."
In early May, a Ministry of the Presidency official, Dora
Solari, and a government-party congressman, Hugo Zamatta,
without offering proof, accused unnamed NGO's of having links
to terrorism.  Also in May executive branch officials,
including President Fujimori and Justice Minister Vega,
boycotted a visit by Pierre Sane, the Secretary General of
Amnesty International; Vega wrote to Sane before the visit
telling him he was not welcome in Peru.  Executive branch
officials also refused to meet with a human rights delegation
from the New York Bar Association and would not permit the
delegates to visit any of the country's prisons.  In late
September, President Fujimori again criticized international
human rights organizations, alleging that they were "defending
the human rights of terrorists and not the public."  A few days
later, the Congress passed a motion authorizing its oversight
committee to investigate NGO's use of funds.  In December
President Fujimori publicly labeled the Coordinadora as
terrorist accomplices for its alleged "complicitous silence."
In a spirited public rebuttal the next day, the Coordinadora
Executive Secretary pointed out that since its foundation the
Coordinadora had condemned acts committed by Sendero and MRTA.
Some human rights workers were the subject of threats and
harassment from unknown sources.  One, who worked for a
Lima-based human rights group and a local radio station,
received repeated anonymous telephone calls advising him to
stop criticizing the Government or he would be killed.  In
October a judge issued an arrest warrant for another human
rights monitor working for a church group in Chimbote because
he was reportedly associated with two environmentalists
detained on terrorism charges.  Human rights groups affirmed
the innocence of both the environmentalists and the monitor.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for equal rights for all citizens and
specifically prohibits discrimination based on ethnic origin,
race, gender, language, religion, opinion, or economic
condition.  Nevertheless, discrimination against women and
minorities is extensive.  Discrimination based on sexual
preference is also frequent.  According to Peru's only gay
rights group, the Homosexual Movement of Lima, gays and
lesbians are often the target of harassment by police, who
rarely investigate hate crimes against them.  On August 11,
police raided a gay bar in Lima, allegedly beat some of the
patrons, and arrested 76 people without making any charges.
They held some of the customers in custody for 7 hours before
releasing them.
     Women
The Constitution grants women equality with men, and laws on
marriage, divorce, and property rights do not discriminate
against women.  Nevertheless, tradition often impedes access by
women to leadership roles in major social, business, and
political institutions.  However, there is a small but growing
number of women in leadership positions in the Government (see
Section 3).
Violence against women, including rape and spousal abuse, is a
chronic problem, according to local women's groups and law
enforcement offices.  On average there were 326 complaints of
violence against women per month, according to these sources.
In the last 10 years, there were over 59,600 reported cases of
violence against women; many additional cases, however, go
unreported.  There are special women's police stations in Lima
and other major cities to deal with the rising number of
complaints of domestic violence.  In addition, women's groups
have established legal aid and health centers for women.
Judicial authorities do take legal action against perpetrators
of domestic violence.  However, one of the reasons that special
women's police stations were established was that regular
policemen often do not take seriously accusations by women
against their husbands.  Although the Government has passed
strong legislation against domestic violence, this is not
always translated into action at lower levels, especially
outside the major cities.
Although prohibited by law, sexual harassment in the workplace
is a common problem.  According to a study by the Flora Tristan
Women's Center, 62 percent of working women knew of cases of
sexual harassment in the workplace.  Women's groups assert that
this problem is on the rise and is exacerbated by the country's
high rate of unemployment.
Sendero Luminoso also targeted women's organizations, claiming
that communal kitchens and the "glass of milk" program--managed
principally by women--have links with the Government.
     Children
The Government does not adequately address children's human
rights and welfare.  President Fujimori has on numerous
occasions emphasized the need to improve education at all
levels, but the Government does not provide sufficient funding
for the public schools.  Millions of children suffer from
malnutrition and live in extreme poverty.  In addition, minors
can be tried as adults for terrorism offenses (see below).
A large percentage of children are born out of wedlock; many
fathers fail to support their children.  In addition, orphans
have become common, due in large part to the guerrilla war; one
newspaper estimated the number of war orphans at 55,000.  It is
not unusual for indigent parents to give up their children,
either through adoption or by sending them away as house
servants.  In Lima alone, there are thousands of homeless,
orphaned, or abandoned children.  Many children are forced to
work in the informal economy to support themselves; according
to the Movement of Children of Christian Workers, the number of
children under the age of 16 obliged to work exceeds 200,000.
Violence against children is a serious problem.  Approximately
half of all rapes are perpetrated against minors.  According to
the director of Lima's children's hospital, 600,000 children
have been the victims of abandonment and physical violence.
Decree Law 25564, issued by President Fujimori in June 1992,
provides for minors aged 15 to 18 to be tried as adults for
terrorism offenses.  The law was issued in response to
Sendero's frequent use of minors in acts of terrorism.  Several
dozen minors are awaiting trial or serving time in various
prisons.  In October 1993, the Children's Rights Committee of
the United Nations reported that Peruvian minors accused of
terrorism "do not benefit from the safeguards or guarantees
normally offered by the juvenile administration of justice
system."
Although hampered by a lack of resources, the Government has
taken some measures to safeguard children's rights.  For
example, in February the Government stiffened the penalties for
rape and violence against children; conviction of rape of a
minor can now mean life imprisonment, depending on the
circumstances.  The Justice Ministry administers several
children's defense centers around the country which work to
protect the rights of children and deal with cases of violence
against minors.  In 1994 training for police officers included
a course on children's rights.  In addition the Government
announced it would build 30 to 40 homes for orphaned and
abandoned children; it inaugurated one of these shelters in
Lima in September.
     Indigenous People
The 1993 Constitution prohibits discrimination based on race
and guarantees the right of all citizens to speak their native
language.  However, Peru's large indigenous population faces
pervasive discrimination and social prejudice, in addition to
suffering many of the severe human rights abuses cited in this
report.  Because of geographic isolation, government
centralization, lack of organization, and social
marginalization, indigenous people are in general unable to
participate in decisions affecting their lands, cultures,
traditions, and the allocation of natural resources.  These
decisions are made by the central Government in Lima.
Particularly in the jungle regions, colonists, coca
cultivators, guerrillas, and business interests steadily
encroach on native lands, many seeking to exploit natural
resources.  Indigenous groups fear that Articles 88 and 89 of
the Constitution, which assign to the State any native lands
"in abandonment," will mean the loss and sale to commercial
interests of traditional land.  Some Amazon groups have
expressed concern over the possible effects on their
communities and the environment of oil and gas exploration in
the Camisea area.  Malnutrition and disease are rampant among
many of these tribes.
The law generally protects the civil and political rights of
indigenous people to the same extent as the rights of other
citizens.  However, many indigenous groups live in isolated
areas, which affect the Government's ability to offer them
services, security, and enforcement and protection of civil and
political rights.
The largest indigenous groups are speakers of Quechua and
Aymara (recognized as official languages), but there are dozens
of smaller native language groups.  Indigenous people lack
access to public services and support in their native lands,
and investment is focused largely on the coast.  The
Government's lack of investment in traditional indigenous areas
has been aggravated in recent years by the presence of Sendero
Luminoso in many such places.
Sendero Luminoso remains by far the most egregious violator of
the rights of indigenous people.  It continued to target
violence against the Ashaninka tribe in Peru's central jungle.
The Coordinadora estimated that between 20 and 40 Ashaninka
communities have disappeared as a result of Sendero violence,
and that more than 10,000 Ashaninkas have been displaced.  As
many as 3,000 Ashaninkas may be trapped in zones under Sendero
oppression.  In late August, unconfirmed reports indicated that
common graves with the bodies of Ashaninka natives were
discovered; the authorities said they believed the graves may
contain the remains of victims of Sendero violence.
     National/Racial/Ethnic Minorities
Peru's population includes several small racial minorities, the
largest of which are blacks of African descent and Asians.
Blacks, who tend to be concentrated along the coast, face
particularly pervasive discrimination and social prejudice and
are among the poorest groups in Peru.  This discrimination
excludes blacks from leadership roles in government, military,
and business institutions.  Both the navy and the air force
reportedly have unwritten policies that exclude blacks from the
officer corps.  According to Peru's two black human rights
groups, police routinely detain persons of African descent on
suspicion of committing crimes for no other reason than the
color of their skin, and police rarely act on complaints of
crime against blacks.  The human rights groups also note that
blacks tend to be relegated to servants' jobs; the few blacks
who have been relatively successful financially have done so in
the sports and entertainment fields.
     People with Disabilities
Although the Constitution states that disabled persons "have
the rights to respect of their dignity and to a regime of
protection, attention, readaptation and security," the
Government spends relatively little on assisting the
handicapped or preventing discrimination against them.  There
is little public infrastructure with facilities for people with
disabilities, such as wheelchair ramps on streets or in
buildings, and no law mandating access for them.  Disabled
persons face discrimination when seeking employment; many are
reduced to begging in the streets.
Section 6  Worker Rights
     a.  The Right of Association
The new Constitution recognizes the right to organize a trade
union, to engage in collective negotiations, and to strike.
These rights are to be exercised democratically, and the State
is to promote the peaceful resolution of labor disputes.  The
Constitution states, however, that the right to strike must
take into account broader social interests.  It also states
that employers may not require membership or nonmembership in a
union as a condition of employment.
About 7 percent of the estimated 8.5 million persons in the
work force belong to organized labor unions.  Up to
three-quarters of Peruvian workers work in the informal sector
of the economy, which operates largely beyond government
supervision and taxation.  Existing unions represent a
cross-section of political opinion.  Though some unions have
been traditionally associated with political groups, unions are
prohibited by law from engaging in explicitly political,
religious, or profit-making activities.  There are no
restrictions on membership in international bodies.
Workers from organized trades, teachers, and government unions
struck more frequently than in 1993, seeking benefits in
accordance with the improved economic situation they perceive.
Reprisals against striking workers are reportedly infrequent.
Union members and officials have been targets of terrorist
assassination and intimidation attempts.  The labor movement
and its leaders have been generally hostile to terrorist groups
and have fought to prevent or reduce terrorist infiltration
into the labor movement; however, the Government detained some
union officials suspected of terrorist links.
In March the International Labor Organization (ILO) Committee
of Experts' annual review of compliance with ILO conventions
criticized a number of restrictive practices and asked the
Government to take initiatives to amend its labor legislation
so as to bring it into conformity with the conventions to which
Peru is a party.
     b.  The Right to Organize and Bargain Collectively
Although the Constitution recognizes the right of public and
private workers to organize, bargain collectively, and strike,
it states that these rights must be exercised in harmony with
broader social interests.  It excludes public employees
exercising management or decisionmaking authority, as well as
members of the police and military, from the right to organize
or strike.  However, both judiciary branch and Lima municipal
workers conducted strikes in late 1994 to protest salary and
working conditions.
Labor regulations promulgated prior to the 1993 approval of the
new Constitution provide that workers can form unions based on
profession, employment, or geographic location.  The
regulations exclude temporary, probationary, apprentice, or
management employees from union membership.  They require a
minimum of 100 members to form trade unions by branch of
activity, occupation, or for various occupations; and a minimum
of 20 workers to form a union within a company.  They also
limit the number of union officials, the amount of time they
may devote to union business on company time, and require them
to be active members of the union.
Labor regulations set the number of union representatives who
can participate in collective bargaining negotiations (a
minimum of 3, maximum of 12), and establish the negotiating
timetable.  The management negotiating team cannot exceed the
size of the workers' team; both sides may have attorneys and
professional experts in attendance as advisers.  A majority of
all workers in a company, whether union members or not, must
approve a strike by a secret ballot.  A second vote must be
taken upon petition of 20 percent or more of the workers.
The law permits companies unilaterally to propose temporary
changes of work schedules, conditions, and wages and to suspend
for up to 90 days collective bargaining agreements if required
by force majeure or economic conditions, provided they give 15
days' notice to employees.  If workers dispute the proposed
changes, the Labor Ministry is to resolve the dispute based
upon criteria of "reasonableness" and "economic necessity."  In
such cases employers are to authorize vacation time and in
general adopt measures that avoid aggravating the employment
situation.
A conciliation and arbitration system resolves disputes in
collective bargaining impasses, but union officials complain
that their proportionate share of the cost of arbitration
exceeds their resources.  They also state that increasing
numbers of companies utilize a policy of hiring workers on
temporary, personal services contracts to prevent union
affiliation.  This has become an issue of contention between
organized labor and employers and is one of several concerns
that labor has raised in international forums.  Employers deny
the accusation of antiunion bias and assert that labor
stability provisions of the law have made long-term commitments
to workers too expensive.
The law does not prohibit antiunion discrimination, and there
are no effective measures to resolve such complaints.  No legal
provisions require employers who commit antiunion discrimination
to reinstate workers fired for union activities.
Special regulations permitting greater flexibility in
application for the Labor Code in export and duty free zones
provide for the use of temporary labor as needed, flexibility
in labor contracts, and a wage system based upon supply and
demand.  As a result, workers in duty free zones are unable to
unionize.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, as well
as imprisonment for debt.  However, there are periodic reports
of the practice of forced labor in remote mountainous Andean
and Amazonian jungle regions of the country.  In response to
one complaint filed with the ILO, the Government acknowledged
the existence of such practices and asserted it had taken
measures to end abuses, such as closing down and fining
clandestine recruitment agencies and opening a labor and social
welfare office in Huaypetue, where forced labor abuses had
occurred.
     d.  Minimum Age for Employment of Children
Education through primary school is compulsory and free.
However, a high percentage of school-age children work rather
than attend daytime classes, with only a small number of such
children attending classes at night.  The minimum legal age for
employment is 16.  Labor law contains special provisions for
workers between the ages of 16 and 21.  Their apprenticeship
cannot exceed 18 months, they must be paid at least the minimum
wage, should be accorded specialized training, and can comprise
no more than 15 percent of a company's work force.  Given
Peru's widespread poverty, children work in the informal
economy without government supervision of wages or conditions
from a very early age to help support their families.  Child
labor is heavily used in the agricultural sector and to mine
gold, but not in other major export industries, such as
petroleum or fisheries.
     e.  Acceptable Conditions of Work
The Constitution provides that the State should promote social
and economic progress and occupational education.  It states
that workers should receive a "just and sufficient" wage, to be
determined by the Government in consultation with labor and
business representatives, and "adequate protection against
arbitrary dismissal."  The current minimum wage is about $57
(130 soles) per month and is generally considered inadequate to
support a worker and family.
The Constitution also provides for a 48-hour workweek, a weekly
day of rest, and yearly vacation.  It prohibits discrimination
in the workplace.  While occupational health and safety
standards exist, the Government lacks the resources to monitor
or enforce compliance.  Employers and workers generally agree
upon compensation for industrial accidents on an individual
basis.  The Government introduced reforms in 1993 eliminating
the need to prove culpability to obtain workman's compensation
for injuries.  There are no provisions for workers to remove
themselves from dangerous work place situations without
jeopardy to continued employment.
PHILIPPI1
gTITLE:  THE PHILIPPINES HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        THE PHILIPPINES
The Philippines is a democratic republic with an elected
President, a fully functioning political party system, a
bicameral legislature, a free press, and an independent
judiciary.  Fidel Ramos was elected President in a closely
contested but generally fair election in May 1992.  This was
the first constitutional transfer of power since 1965.
In 1993 the Government continued a program of national
reconciliation that included peace talks with the three main
insurgent groups.  In 1994  it promulgated regulations
governing implementation of an amnesty to those who applied for
it.  The program was an important factor in reducing the level
of violence, although fighting continues on a reduced scale.
The Department of National Defense controls the Armed Forces of
the Philippines (AFP) and the Department of Interior and Local
Government supervises the civilian Philippine National Police
(PNP).  The two forces share responsibility for fighting a
declining Communist insurgency and radical Muslim separatists.
According to the Commission on Human Rights (CHR), an
independent government agency, the police continued to be the
leading abusers of human rights.  Military forces, including
local civilian militias, the Communist New People's Army (NPA)
and Muslim insurgent groups also committed human rights abuses
(see Section 1.a.).
The Government is implementing a far-reaching reform program
("Philippines 2000") to convert its agrarian-based
paternalistic economy into an industrial market-driven one,
with key reforms already underway in foreign investment,
banking, and trade.  Export-led growth (dominated by textiles,
electronics, agricultural products, and copper) and foreign
investment contributed to the 5 percent increase in gross
national product in 1994, up strongly from the 2.2 percent
increase of the year before.  While the Government has
accelerated market reforms, glaring income disparities and
widespread poverty remain, the result of years of mismanagement
under previous governments.  In addition, an entrenched
oligarchical elite continues to dominate the economy and
politics and, at times, thwart reformist efforts.
Human rights abuses continued in 1994, although the number of
violations reported in the first half of the year decreased
significantly in most categories.  The decline in abuses
primarily reflected a reduction in the number of military
encounters between government and insurgent forces, at a time
when the Government has been discussing a limited accommodation
with, Communist insurgents and Muslim separatists.
Despite greater government and nongovernmental organization
(NGO) commitment to improving human rights, human rights
violations continue.  These included extrajudicial killings,
disappearances, arbitrary arrests, torture, and harassment of
civil rights activists and suspected insurgents and their
supporters.  Many of these abuses, which were widely reported
in the press, are perpetuated within the context of police and
military involvement in illegal activities such as protection
rackets, political gangsterism, kidnap for ransom syndicates,
and assistance to illegal loggers.  The Government has taken
some steps to curb these abuses, although not always
successfully.
Violence and discrimination against women and children continue
to be serious problems.  Legislation enacted to deal with these
problems has been well intentioned but largely ineffective due
to budget constraints and the Government's failure to set
implementing guidelines.  The justice system remains largely
ineffective in dealing with human rights abuses.  There was
little observable progress in trying, convicting, and punishing
perpetrators of these abuses.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
The CHR reported 57 incidents of political or extrajudicial
killing during the first half of 1994.  It reported 254 such
killings for 1993.  Task Force Detainees of the Philippines
(TFDP), a prominent NGO (see Section 4), reported 27 people
killed extrajudicially in the first half of 1994 as compared to
75 for all of 1993.  The numbers given by CHR are higher, in
part, because the CHR includes violations by both the
Government and insurgent groups, including the Communist Party
of the Philippines and its armed wing, the New People's Army
(CPP/NPA), while the TFDP lists only offenses attributed to
government authorities.
Both CHR and TFDP attribute the majority of human rights
abuses, including extrajudicial killings, to the police and
military forces, including civilian militia units.  The CHR
reported that in the first half of 1994 the PNP was the target
of complaints in 251 out of 586 cases it received.  In April
two Manila policemen were implicated in the case of a suspected
thief who was taken at night from his cell and found dead the
next morning.  In December a Manila policeman was charged with
murder for killing a tricycle driver who reportedly refused to
come inside the police station for questioning.
Police sometimes kill alleged criminals in staged shootouts.
This may have been the case in the death of Abundio Lagunday, a
suspect in the particularly brutal rape and killing of a
7-year-old girl, Angel Alquiza, a few days after his arrest.
Police alleged that enroute to the scene of the crime,
Lagunday, in handcuffs, grabbed the gun of one of his escorts.
In the ensuing scuffle, the police fatally shot Lagunday.  The
authorities promised an investigation, but there was no report
released by year's end.  The public and private consensus was
that Lagunday was executed.
In a September encounter with members of the Red Scorpion Group
kidnap gang, police operatives shot dead six alleged members of
the gang.  Although one police officer suffered a gunshot
wound, questions were raised as to whether the deaths were
executions.  In February a leading member of the Presidential
Anticrime Commission (PACC) reported that it regularly receives
requests from relatives of victims of heinous crimes to kill
the suspects extrajudicially.
In late February, approximately 10 victims of "salvaging" (the
local term for extrajudicial killing) were found in Manila.
Most of the victims were alleged drug dealers or misfits.
Public sentiment pointed to police or local citizens
(vigilantes) as the perpetrators.  Real or suspected police
involvement also discouraged potential witnesses from
testifying about the killings.
In an effort reform the police force, President Ramos and the
PNP leadership in March dismissed 1,145 police officers and
suspended another 1,020.
Civilian militia units or citizens armed forces geographical
units (CAFGU's) also committed extrajudicial killings.
Organized by the police and the AFP to secure areas cleared of
insurgents, these nonprofessional units are often inadequately
trained, poorly supervised, and prone to violence.  However,
reflecting the further reduction in antiinsurgency activity,
both the TFDP and CHR attribute only about 5 percent of human
rights violations in the first half of 1994 to CAFGU's.
In a case that attracted wide attention in February 1993, two
CAFGU personnel were charged with killing Chris Batan, a TFDP
worker, in Mountain province.  The authorities arrested one
suspect, who remains in jail.  Police have not arrested the
second suspect even though he has reportedly been seen
regularly in public.  In a case of a successful prosecution, in
September the Supreme Court upheld the conviction of two CAFGU
members for the 1990 killing of a policeman and two other
people.
As part of its continuing effort to disband CAFGU's, the
military reduced the 72,000-member CAFGU'S by about 6,000 men
in 1994.  The military announced that in 1995 CAFGU forces
would be reduced further to about 58,000.  The Government plans
to cut the CAFGU budget by around 10 percent in 1995.  However,
the Government is hesitant to reduce CAFGU levels more rapidly
because it fears that dismissed CAFGU members without
employment prospects will resort to banditry and other criminal
activities.
AFP violations of human rights continue to decline, reflecting
the overall decline in counterinsurgeny activities.  The CHR
reported that in the first half of 1994, 12 percent of all
violations were committed by military forces.  The TFDP, which
does not include nongovernment abuses, attributes 45 percent of
violations in the same period to the military.  In March the
Department of National Defense relieved several members of a
special forces unit for allegedly killing a policeman in
Laguna.  In September two soldiers were sentenced to 14 years
in prison for the attempted murder of a state prosecutor in
November 1993.
The NPA too was responsible for extrajudicial killings
throughout the country.  The most notable case was that of
Hector Mabilangan, a former NPA leader in the Central Luzon
region.  Mabilangan, who had given up his rebel status, was
shot by gunmen believed to be part of his old command in
retaliation for what the murderers said were his "criminal and
antirevolutionary activities."  In January the Alex Boncayao
Brigade (ABB), a notorious Communist hit squad controlled by
the Manila-Rizal Regional Committee of the CPP (MRRC), publicly
threatened to kill over 300 of the "most notorious elements of
crime syndicates and corrupt government officials."  The ABB
released a hit list which included numerous high-ranking
police, military, and political figures.  In May one person on
the list, Timoteo Zarcal, was killed for "crimes against
society."  In December another person on the list, Jose Pring,
was killed.  Zarcal and Pring, both former police chief
inspectors (major rank), had been relieved of duty because of
their alleged involvement in kidnap-for-ransom activities.
Members of their families, however, doubted the ABB's claim of
responsibility for the two killings and pointed instead to the
police as the perpetrators.  In October four suspected ABB
members shot and critically wounded a traffic policeman as he
was issuing a citation to a jeepney driver.  The ABB also
renewed threats to impose the death penalty on policemen who do
not observe the law.
Muslim extremists such as the Abu Sayaf Group (ASG) carried out
other politically motivated murders.  On June 8, for example,
ASG members abducted 72 civilian bus passengers on the
outskirts of a town in Basilan province.  The group set free 37
known Muslims and killed 15 Christians.  Other hostages were
subsequently released.  Muslim extremists were also implicated
in a series of terrorist bombings, in Zamboanga and General
Santos cities, which injured or killed innocent bystanders.
Private security forces maintained by local landowners and
other influential figures also committed extrajudicial
killings.  In 1993 the arrest of the mayor of a town near
Manila and a number of his associates (some of whom were
policemen) on charges of raping and murdering a University of
the Philippines coed and killing her boyfriend focused national
attention on this longstanding problem.  The trial continued
through the fall, with no end in sight.  The publicity
generated by the case inspired the Ramos administration to
undertake a nationwide campaign to dismantle "private armies."
Although some arms were confiscated, critics charge that most
of these were old and of little practical use, and that the
campaign did not target private armies controlled by
politically powerful individuals.  In August the PNP leadership
admitted the campaign had so far failed and promised to renew
the drive in an effort to disband these groups before the May
1995 elections.
Poll violence was a problem in the May barangay (the smallest
local political unit) elections.  The Department of Interior
and Local Government (DILG) reported over 40 deaths in
election-related violence, mostly attributable to clan and
ethnic rivalries.  Most of the victims were incumbent barangay
officials, candidates, and their active supporters.  The number
of deaths represented a decrease from previous elections.
     b.  Disappearance
The CHR cited 5 cases of disappearance in the first half of
1994 compared with 16 cases for all of 1993.  The TFDP reported
no disappearances for the first half of 1994 compared with 12
cases for all of 1993.  Because disappearances most commonly
involve alleged insurgents or informants, the decline is
largely attributable to the continued decrease in insurgent
activity.
Active duty military and police officers are often implicated
in kidnapings, especially of wealthy Filipino-Chinese, for
ransom.  As a result, many victims paid the ransoms quietly and
did not report the cases.  Kidnap victims have also refused to
identify their captors for fear of retribution.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture, and evidence obtained
through its use is inadmissible in court.  Guidelines issued by
the CHR in 1988 direct all law enforcement agencies and
military elements to avoid unnecessary force during
investigation, arrest, detention, interrogation, and other
activities.  Nonetheless, abuses continued.
The CHR reported two cases of torture in the first half of
1994, compared with five cases in 1993.  The TFDP cites 25
cases in the first half of 1994, compared to 39 for all of
1993.  The CHR also cites an improved human rights awareness in
the military, which it attributes to its human rights training
programs for military officers and its practice of providing
AFP promotion panels with "certificates of clearance" on
officers' human rights performance.  However, the statistics
generally exclude incidents of torture involving common
criminals or others outside the context of counterinsurgency
activities.  In addition, many cases go unreported because the
victims fear reprisal if they seek redress.
Although prohibited by law, physical punishment continues to
occur in jails and prisons.  Police forces commit most such
offenses, and abuse of prisoners most commonly occurs during
arrest and interrogation.  A CHR report on jail facilities
throughout the country indicates that of 613 jails visited,
only 64 were found to have adequate facilities and be in good
condition.  Prisoners at some 410 jails were kept in
substandard conditions and subjected to human rights abuses,
including physical and sexual harassment.
International monitoring groups, including the International
Committee of the Red Cross and foreign embassy officials, are
allowed free access to jails and prisons.
     d.  Arbitrary Arrest, Detention, or Exile
Although the Constitution requires a judicial determination of
probable cause before issuance of an arrest warrant, and
prohibits holding prisoners incommunicado or in secret places
of detention, the authorities continue to make illegal arrests
and hold people in detention.  Detainees have the right to a
judicial review of the legality of their detention and, except
for offenses punishable by a life sentence or death, a right to
bail.  Authorities are required to file charges within 12 to 36
hours of arrest, depending on the seriousness of the crime.
The CHR listed 54 cases of illegal arrest and detention for the
first half of 1994 compared with 139 for all of 1993.  The TFDP
found that 362 persons were arrested illegally in the first
half of 1994 compared with 882 such arrests in the previous
year.
This decline is attributable in part to the Government's effort
to promote the domestic peace process involving talks with
Communist, Muslim, and military rebels.  The Government
declared an amnesty program which offered former rebels and
government security forces a chance to apply for amnesty, in
the case of rebels for crimes they had committed in pursuit of
political beliefs, and, in the case of government forces, for
crimes they committed in the performance of their duties.
Government security forces who committed serious human rights
violations (arson, torture, extrajudicial killings, massacres,
rape and robbery) were excluded from the amnesty program.
Under the program, the National Amnesty Commission (NAC), a
quasi-judicial body whose decisions are final, subject to a
review by the Court of Appeals, reviews all amnesty
applications.  Most rebel groups rejected the amnesty offer,
noting that it should have resulted from peace negotiations and
not by arbitrary action of the Government.
Despite the overall decline in illegal arrests and detentions,
the Philippine Alliance of Human Rights Advocates (PAHRA), a
leading NGO network, contends that such violations against
human rights workers are increasing.  The PAHRA cites the case
of Wilfredo and Mila Sibayan, both NGO human rights workers,
the former with PAHRA's Manila office.  Accused by military
intelligence of being a leader of the NPA, Mr. Sibayan was
arrested without a warrant outside his Manila home on March 28;
no one was informed of his arrest.  He was transferred several
times, eventually to the northern town of Abra, where he was
charged with murdering a government soldier in an earlier
shootout, despite his claim that he was in Manila at the time
of the encounter.  He was refused legal counsel during his
interrogation.  When Mrs. Sibayan finally located him in Abra,
she too was arrested and detained.  Local church leaders were
able to secure the Sibayans' release, and charges are pending.
The Sibayans' experience is echoed in a study on administrative
detention by the Human Rights Committee of the NGO LAWASIA.  A
majority of the detainees LAWASIA interviewed were arrested
without warrant;  they were merely "invited" for questioning
and subsequently held.  The study cited numerous violations of
constitutional and human rights, such as lack of access to
counsel during investigation and interrogation and physical
maltreatment during detention.
The TFDP claims that there are still about 276 political
prisoners being held illegally, two-thirds of whom have yet to
be convicted of any offense.  The Government disputes this
charge, contending that it has released all political prisoners
and that all of the alleged "political" prisoners are actually
being held for common crimes.  It is likely that some of the
300 prisoners in question have committed common crimes, the
most common charge being illegal possession of firearms, in the
pursuit of their political beliefs.  It is also possible that a
few are actual or suspected Communists who were framed for
common crimes.  Proving this is difficult, however, and the
onus of proof is placed on the prisoner.
The NPA is responsible for some extrajudicial arrests and
detentions, often in connection with "courts" set up to try
civilians and local politicians for "crimes against the
people."  Many defendants in such trials are tortured and/or
summarily executed.  In April a spokesman for the Melito Glor
Command of the NPA announced that four former breakaway leaders
of the CPP, including former NPA Chieftan Romulo Kintanar,
would stand trial before a "people's court" for criminal and
"antipeople's activities" committed while they were still
active party leaders.
Forced exile is not legal and not practiced.
     e.  Denial of Fair Public Trial
The Constitution calls for an independent judiciary and
provides that those accused of crimes shall be informed of
charges against them and have the right to counsel.  Trials are
public.  Defendants are presumed innocent and have the right to
confront witnesses against them, to present evidence, and to
appeal their convictions.  The authorities generally respect
the right of defendants to be represented by a lawyer.  There
is no jury system under Philippine law; all cases are heard by
judges.  Despite these safeguards and guarantees, the pace of
justice continues to be slow.  Moreover, the Philippine
judiciary is plagued with problems, susceptible to corruption,
and biased in favor of the rich and influential.  Corruption
also reaches into the jails and prisons, allowing suspects to
escape.  While the Government, in particular the Justice
Department, acknowledged the system's weaknesses and pledged to
clean it up, there was little visible progress.
A study by ALTERLAW, a coalition of alternative law
organizations, comprising various legal groups, identified
personal connections, patronage, influence peddling, and
bribery as some of the most common "unorthodox" methods used in
the practice of law in the Philippines.  Legal experts in and
outside of the justice system make the same observations as the
ALTERLAW, pointing to the personal and professional
relationships between judges and the individuals and
corporations whose cases they are assigned.  The poor can
languish in jails for years without formal charges being filed
while the wealthy and powerful can use money and influence to
affect their cases.  Many leading law firms, known in the trade
as case fixers, gain the favor of judges and other court
officials.  Witnesses are easily paid off.  While it is
technically illegal to settle criminal cases out of court, the
practice of reaching an "amicable settlement" is routine;
without key victims or witnesses to testify, the authorities
are forced to abandon their case.  The Government has been
unable, for the most part, to take effective action to
intervene in these situations.
There is a widely recognized need for more prosecutors, judges,
and courtrooms.  The limit for hearing a trial is 90 days and
that for deciding of cases is 45.  However, the period only
begins after a case is brought to trial.  As a result, suspects
can wait in jail for years before their cases are brought to
trial and the countdown begun.  Because of numerous technical
delays and frequent failures of judges and prosecutors to
appear, even the 90-day limit is often not met.  In June the
Justice Department reported that during the first quarter of
the year, the prosecution was able to resolve only 4 percent of
the criminal cases it had pending.
At times there are flagrant violations of the right to an
expeditious trial.  For example, in February a Manila court
sentenced three men to 17 years in prison for the 1975 murder
and robbery of a priest.  The prisoners were immediately
released because they had already spent 18 years in jail.  In
June and August the CHR was able to secure the release of eight
civilian prisoners who were sentenced by military courts when
martial law was in place.  The prisoners had remained in
custody despite a 1988 Supreme Court decision nullifying
convictions of civilians by military courts.
Some human rights cases never go to trial because victims do
not pursue their cases  or crucial witnesses remain silent.
Lawyers representing victims of human rights violations are
also harassed and are labeled as leftist sympathizers if the
accused is assumed to be a leftist rebel.  Human rights groups
report that the many former military officers serving as judges
at the municipal and local level greatly diminish the chance of
a fair trial for human rights victims.  The case of the accused
killers of Chris Batan (see Section 1.a.) is typical of the
problems involved in attempting to identify and convict
perpetrators of human rights violations.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides that search warrants may be issued by
a judge on a finding of probable cause.  Restrictions on search
and seizure are generally observed, although raids without
search warrants on private homes are occasionally reported.  In
the past, judges have thrown out evidence obtained illegally.
The Government does not interfere with the free personal use of
the mails or other public communications except upon issuance
of a court order in the course of an investigation.
Some human rights NGO's are increasingly concerned about the
Government's forced resettlement of tenant farmers to make way
for development projects.  These resettlement schemes are
designed to clear the land for industrial, agroindustrial, and
tourism projects.  In urban settings, squatters are moved to
make way for infrastructure, commercial, and housing projects.
The Government has made efforts to resettle squatters, as
required by law, but NGO's contend that in both rural and urban
settings, those being relocated are sometimes given little or
no notice and are violently ejected.  Land rights issues are
made more difficult by the slow process of the Government's
exercise of eminent domain and complex zoning regulations.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
Although the frequency of clashes between government and
insurgent forces declined, they continued to inflict hardships
on civilians, particularly in remote areas which were the scene
of most fighting.  According to TFDP figures, in the first half
of 1994 there were 7 forced evacuations, 1 food blockade, 9
"violent dispersals" (i.e., forced evacuations in which
violence was used), and 54 houses demolished.  Most of these
categories showed declines over 1993.
In June the military launched a major campaign against the
Muslim Abu Sayaf Group in Sulu and Basilian provinces.  The
local office of the Department of Social Welfare and
Development (DSWD) reported that over 22,000 civilians were
displaced in the two provinces.  Over 20 evacuation centers
were set up to assist the families.  A factfinding report by a
group of human rights NGOs and church groups reported the
military operation resulted in several civilian deaths as well
as in extensive looting and destruction of property.
PHILIPPI2
LpLpTITLE:  THE PHILIPPINES HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
There are virtually no legal restrictions on freedom of
expression or speech.  The Government generally respects
freedom of the press, and courts are consistent in their
protection of the media.  There are some 25 privately owned
newspapers in Manila and many more in the provinces that cover
the political spectrum and freely criticize the Government.
(Most are owned or controlled by politicians and prominent
businessmen.)  Radio and television also enjoy considerable
freedom.  Communist publications became legal with the repeal
of the Antisubversion Law in 1992.  Journalists were able
without legal penalty to meet and interview both Communist
insurgents and military rebels.
The press, however, continues to face hazards in reporting on
gambling, illegal logging, governmental corruption, and the
drug trade.  The dangers are greatest outside Manila where
powerful vested interests involved in such activities sometimes
employ violence to discourage media exposes.  The journalists
at risk are primarily radio broadcasters whose public affairs
programs reach a much wider audience than either newspapers or
televisions.  The Philippine Movement for Press Freedom (PMPF),
an NGO, reported that in the first 8 months of 1994 three
journalists, two of them radio broadcasters, were killed.  The
PMPF also reported several cases of journalists being assaulted
or harassed, usually by local police or employees of local
politicians.
The Government respects academic freedom in theory and
practice.  It does not censor subject matter in classes,
university publications, or conferences.
     b.  Freedom of Peaceful Assembly and Association
The law requires permits from local authorities for outdoor
demonstrations in public places and these are routinely
issued.  Nevertheless, rallies and marches are often held
without permits.  Some of them are forcefully broken up when
they interfere with traffic or are otherwise disruptive.
Private, professional, religious, social, charitable, labor,
and political organizations are permitted to affiliate with
recognized international bodies in their fields.
An exception to this rule was the Asia Pacific Conference on
East Timor held in late May at the University of the
Philippines.  In an unsuccessful effort to lower the profile of
the Conference, particularly after Indonesian expressions of
concern, the Government banned over 30 conference delegates
from entering the country, including a Nobel laureate and the
wife of the French President.  The conference was nearly
canceled when a trial court ruling by a military judge banned
it.  However, the Conference, minus the banned delegates, was
held after a last minute decision by the Supreme Court that
cited constitutional guarantees of freedom of speech and
assembly.
     c.  Freedom of Religion
The Government respects freedom of religion and does not
discriminate against any religious group or its members.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Filipinos enjoy the freedom to change their place of residence
and employment within the Philippines.  Movement within the
country is largely unimpeded.  With rare exceptions, such as
pending court cases, Filipinos are allowed to travel and work
abroad.
The Government for years provided first asylum to Indochinese
boat people, allowed the United Nations High Commissioner for
Refugees (UNHCR) immediate access, and managed the refugee
status determination process (screening) in accordance with the
Comprehensive Plan of Action (CPA) agreed on in Geneva in
1989.  As a result of completion of the screening process and
the June CPA steering committee meeting held in Bangkok, the
Government announced the closure of all refugee and asylum
seeker camps in the Philippines by the end of 1994.  This
decision was made in compliance with a resolution of the CPA
meeting calling for termination of the CPA and repatriation of
the estimated 48,000 nonrefugees in the region by the end of
1995.
By October 1, there were approximately 4,500 Vietnamese asylum
seekers remaining in the Philippines, of whom only about 1,500
had been determined to be "refugees" pending resettlement in
third countries.  The Government stated that it screened out
individuals (nonrefugees) who did not choose to accept
voluntary repatriation and would be considered for "nonobjector
orderly return" (the repatriation of individuals who have not
previously volunteered but who will not necessarily object if
notified that they must return to Vietnam) beginning October 1.
The Government does not practice forcible repatriation.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have this right and exercised it in 1992.  The
Philippines has a multiparty political system with periodic
free elections based on universal suffrage for citizens.  In
the legislature, both the House of Representatives and the
Senate are controlled by a loose progovernment coalition, which
does not always vote en bloc on contentious issues.
Many irregularities in the voting and election process mar
political freedoms.  Multiple registrations of the same voter,
nonexistent or dead voters, intimidation of voters, and
extrajudicial killings of candidates and their supporters (see
Section 1.a.), as well as vote-buying, all occur.  These
problems are more acute at the local level, as are political
dynasties, which use some or all of the above methods to
maintain their grip on power.
The estimated 2 to 3 million overseas contract workers (OCW's)
represent a significant block of voters that is effectively
disenfranchised.  Advocates of the rights of OCW's in 1994
began an effort to institute an absentee balloting program.
There are no restrictions in law or practice on participation
by women and minorities in politics.  Twenty-three women serve
in the 215-seat House, 4 in the 24-member Senate, and 3 in the
Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Philippines has an active and effective nongovernment
organization community.  There are many domestic human rights
NGO's, including the Task Force Detainees of the Philippines
(TFDP), the Free Legal Assistance Group (FLAG) and the
Philippine Alliance of Human Rights Advocates (PAHRA).  The
latter organization represents numerous NGO's that monitor
human rights conditions among various social and occupational
groups.  While these groups operate without government
restriction, they are often viewed with suspicion by the
military and police.  Some local civilian officials also have
been uncooperative.  Employees of human rights groups in the
field have encountered harassment (see Section 1.d.).  A few
have been killed in previous years, but there were no such
killings reported in 1994.
The Commission on Human Rights (CHR) is an independent
government organization and the largest human rights
organization in the Philippines.  In 1994 the CHR chaired 747
public information and education activities, many of which were
designed for audiences of military, police, and other public
officials.  Although it lacks prosecutory powers, it is
constitutionally mandated to investigate all alleged violations
of human rights.  However, a January Supreme Court decision
limited the CHR's powers to investigate civil and political
rights.  The CHR itself recognizes that it has an outdated
organizational structure, budgetary constraints, and a need for
more field offices.  The CHR has been criticized for its
lengthy and cumbersome procedures, its inefficiency, and its
practice of placing the burden of proof on complainants,
despite the risk they may face of reprisals or their lack of
resources.
Representatives of international human rights groups are free
to travel in the Philippines and investigate alleged abuses.
Government officials routinely meet and discuss human rights
problems with foreign governmental and nongovernment
organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination against women,
children and minority groups.  Implementation of all
constitutional guarantees is at times hindered by lack of
implementing legislation and by budgetary constraints.
     Women
In law but not in practice, women have most of the rights and
protections accorded men.  The Women in Development and Nation
Building Act in 1992 terminated previous restrictions on
women's rights to buy and sell property.  However, the
Government does not fully enforce this legislation.
The Filipino people are overwhelmingly Roman Catholic.  The law
does not allow divorce and women's rights advocates view this
as a major barrier to achieving the empowerment of women.
Annulment of marriages is now fairly easy to achieve due to
changes in the Legal Code, and the practice has become more
common.  However, the cost of hiring a lawyer familiar with the
new Code precludes this option for many women.  The practice of
"unofficial divorce" (permanent separation) is common among the
lower classes; in these cases, the wife is usually left with
the children, but the husband provides little or no support for
them.
Women and girls in the lower economic strata are particularly
vulnerable to exploitation by unethical operators who promise
employment overseas or arranged marriages with foreign men.
Some of these women end up working as prostitutes or suffering
abuse at the hands of their foreign employers or husbands.
While in years past the focus of attention was on abused
Filipino maids in Kuwait and other Gulf states, in 1994 the
condition of Filipino "entertainers" in Japan and the
Commonwealth of the Northern Mariana Islands generated
considerable press attention.  Either through international
trafficking syndicates or individual employers, Filipino women
were often recruited to work abroad as maids, entertainers, or
models and required to participate in public shows or dances
where nudity and the prospect of sex was the principal
attraction.  Others, facing bleak employment prospects at home,
accepted questionable jobs in the knowledge that they would be
required to engage in prostitution.  In order to curb such
abuses, the Government campaigned to end illegal recruiting and
raised the minimum age and educational standards for young
women seeking jobs abroad.  It also expanded its labor attache
corps in countries with large overseas contract worker
communities and worked with foreign governments and NGO's to
provide more effective protection for Filipino workers at risk
for sexual or economic exploitation.
Violence against women, particularly domestic violence, is a
serious problem.  The Women's Crisis Center, an NGO assisting
abused and battered women, reported that it receives over 100
calls a week from battered women in the metropolitan Manila
area.  Women's advocates point to poverty, double standards of
morality, lack of laws on domestic violence, and a traditional
societal reluctance to discuss private family affairs, as some
of the reasons for the prevalence of domestic violence.  No
divorce rights and the lack of job opportunities combine to
limit the ability of women to escape destructive relationships.
Rape continues to be a major problem; its frequency is
estimated as high as one every 6 minutes.  The incidence of
reported rape, however, is estimated by the Philippine National
Police to be 20 percent or lower.  Police said that reported
rape cases in the first quarter of 1994 increased 17 percent
over the same period in 1993.  Women's groups charge that
accused rapists are dealt with leniently by the male-dominated
law enforcement and judicial systems.  According to women's
groups, many women accept rape as part of the culture.  Many
rape victims are minors, who accept incestuous relationships,
rather than subject the family to public embarrassment.
Proposed House legislation seeks to change the definition of
rape (classifying it as a crime against a person, i.e., a
public offense, rather than a crime against chastity, i.e., a
private offense) and to expand the circumstances and conditions
in which rape is considered to have been committed.  The
proposed laws, which face resistance in the House, would make
marital rape a crime.  They would also allow a rape victim's
family or the state to file a complaint on her behalf.  The
laws do not, however, seek to increase the severity of the
penalties for this crime.
In response to these problems, the PNP started the PNP Women's
Desk program designed to protect women against, and encourage
the reporting of, crimes against women.  PNP stations include
female officers trained in dealing with victims of sexual
crimes and domestic violence.
In June a high profile case of sexual harassment involving two
senior government officials focused attention on sexual
harassment in the workplace.  A 1993 survey by the Institute of
Labor Studies found workplace sexual harassment to be
widespread, yet the problem is underreported due to victims'
reticence and fears of losing their jobs.  In September the
Supreme Court upheld a decision that found sexual harassment
was "valid cause for separation from service."
Prostitution is illegal but widespread and a fact of life for
many poorer Filipinos with limited access to a more acceptable
career or standard of living.  Penalties for prostitution are
light.
Women also face discrimination in employment.  Among
administrative, executive, and managerial workers, the average
woman's salary was only one-third of that of her male
counterparts.
     Children
Several government agencies have programs devoted to the
education, welfare, and development of children.
In 1994 the Commission on Human Rights opened its Child Rights
Center designed to monitor and investigate violations of
children's rights.  Sweeping legislation was passed in 1992 to
protect children's rights, but the Government has not
implemented it due to lack of funding and its failure to
coordinate enforcement among the many agencies involved.
Societal values that define children as extensions and property
of the parents are a key factor in limiting children's rights.
Courts tend to give precedence to parental authority over the
rights of a child.
Many Filipino children face serious problems stemming from
widespread poverty and the Government's inability to eradicate
organized abuses involving child labor and child prostitution.
One children's rights organization estimates that there are up
to 100,000 child prostitutes in the Philippines.  Although the
authorities have staged some successful raids on brothels and
massage parlors, freeing underaged girls forced to work as
prostitutes, the problem remains a large scale one.
Street begging and truancy are common in large cities.  The CHR
estimates the number of street orphans in metropolitan Manila
at fewer than 1,000, but up to 100,000 destitute children spend
most of their waking hours on the streets.
The rates of child abuse and beatings and child rape alarm the
authorities; several men have been sentenced to death for the
rape of their daughters.  Many children have been orphaned or
otherwise adversely affected by the ongoing insurgencies.
     Indigenous People
Indigenous peoples live throughout the Philippines but
primarily in the mountainous areas of Northern Luzon and
Mindanao.  They account for 10 to 15 percent of the
population.  Although no specific laws discriminate against
indigenous peoples, the remoteness of the areas they inhabit
and a cultural bias against them tend to prevent their full
integration into Philippine society.  Their ability to
participate meaningfully in decisions affecting their lands,
cultures, traditions, and the allocation of natural resources
is minimal.  Because they inhabit mountainous areas favored by
guerrillas, indigenous peoples suffer disproportionately from
counterinsurgency operations.  Indigenous children suffer
disproportionately from lack of basic services, such as health
and education facilities.
Although the 1987 Constitution calls for the protection of the
ancestral lands and culture of indigenous peoples, the
Government has not pushed for legislation to enforce these
rights.  What indigenous peoples regard as "development
aggression"--the utilization of their lands for hydroelectric
dams, mining operations, and other large-scale development
projects--often forces their relocation and the destruction of
farming and hunting lands they have used for centuries.  The
Government does little to secure indigenous peoples' claims to
such lands.  Nonetheless, in June the Government granted land
rights for 108,000 hectares of land to 3,000 Bugkalot families
in Quirino province.  In addition, a Philippine Senator has
proposed the creation of a commission on ancestral domains to
conserve the lands for the benefit of cultural minorities.
     National/Racial/Ethnic Minorities
Although people of Chinese ancestry have extensively
intermarried with other Filipinos and are relatively well
assimilated, there is a distinct Filipino-Chinese community
numbering perhaps 1 to 2 percent of the population.  This
minority plays a prominent role in the national economy and is
the object of some resentment by the general population.  As
noted in Section 1.b., the Chinese have been a primary target
of kidnaping for ransom.  In 1994 Filipino-Chinese businessmen
were also the targets of an extortion scheme involving judges
and customs officials.  The judges issued false search warrants
to the customs officials who, upon serving the warrants,
offered to accept bribes to fix the matter.
     Religious Minorities
Muslims, who comprise about 5 percent of the total population
and are reside principally in Mindanao and adjacent islands,
constitute the largest minority group in the country.  They
historically have been alienated from the dominant Christian
majority, and efforts to integrate Muslims into the political
and economic fabric of the country have met with only limited
success.
Philippine culture, with its emphasis on familial, tribal, and
regional loyalties, creates informal barriers whereby access to
jobs or resources is provided first to those of one's own
family or group.  Many Muslims claim that they continue to be
underrepresented in senior civilian and military positions.
There are one Muslim Supreme Court justice, one Muslim Senator
(a woman), and eight Muslim Congressmen.
The Government inaugurated the Autonomous Region of Muslim
Mindanao (ARMM) in November 1990 to meet the demands of Muslims
for local autonomy in areas where they hold a majority or are a
substantial minority.  However, the ARMM is limited to the four
provinces which elected to join; it is regarded as an arbitrary
creation of the Government and as falling short of representing
the aspirations of all Muslims in the region, including the
Moro National Liberation Front (MNLF) and the Organization of
the Islamic Conference (OIC).  The ARMM Government is hobbled
by an inadequate tax base, poor performance, and a continued
shortfall in promised central government assistance.
     People with Disabilities
A 1983 law provides for equal physical access for the disabled
to all public buildings and establishments, and a law passed in
1992 provides for "the rehabilitation, self-development, and
self-reliance of disabled persons and their integration into
the mainstream of society."  Advocates of the handicapped
maintain that these laws are not enforced fully, citing
inadequate government funding, widespread evasion, and
lingering prejudice against the handicapped among many
Filipinos.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution and legislation provide for the right of
workers, including public employees, to form and join trade
unions and this right is exercised in practice.  Trade unions
are independent of the Government and generally free of
political party control.  Unions have the right to form or join
federations or other labor groupings, and several have
affiliated with international trade union confederations and
trade secretariats.  The largest federation, the Trade Union
Congress of the Philippines is affiliated with the
International Confederation of Free Trade Unions.  Unions
oppose government efforts to loosen prohibitions against "labor
only" subcontracting, which they claim allows employers to
evade obligations to their employees and helps them to break
unions.
Subject to certain procedural restrictions, strikes in the
private sector are legal. However, a 1989 law stipulates that
all means of reconciliation must be exhausted and that the
strike issue has to be relevant to the labor contract or the
The Committee of Experts of the International Labor
Organization (ILO) has expressed concern that certain
provisions of the Labor Code (authorizing the Secretary of
Labor to order compulsory arbitration to avert strikes in
industries deemed indispensable to the national interest) are
not in conformity with the ILO Convention on Freedom of
Association.  In 1994, however, the ILO noted that the
Government sought its assistance in reforming the Labor Code.
International criticism also has focused on the Code's ban on
unfair practices' strikes during the term of a collective
bargaining agreement.
According to the Center for Trade Union and Human Rights
(CTUHR), an organization which publicizes security force
violations, the rights of striking workers continued to be a
problem in 1994.  The CTUHR counted some 70 incidents by
September, involving over 900 alleged victims.  The CTUHR said
police were involved in nearly all these cases, and there also
were instances in which military personnel were involved in
dispersing strikers and dismantling picket lines in their area
of jurisdiction.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for the right to organize and bargain
collectively.  The Labor Code provides for this right for
private sector employees and for employees of government-owned
or controlled corporations, but it provided only limited rights
for certain government workers.  Although unions claim to have
organized almost 11 percent of the total work force of 27
million, only 600,000 workers (2 percent) are covered by
collective bargaining agreements.
Under the law, dismissal of a union official or worker trying
to organize a union is considered an unfair labor practice.
Nevertheless, employers sometimes attempt to intimidate workers
with threats of firing or factory closure.  Allegations of
intimidation and discrimination in connection with union
activities are grounds for review as possible unfair labor
practices before the National Labor Relations Commission
(NLRC).  The CTUHR and many trade unions have filed complaints
before the NLRC alleging workers were dismissed solely to get
rid of union members.  The NLRC and the National Conciliation
and Mediation Board (NCMB) provide the Department of Labor and
Employment (DOLE) with quasi-judicial mechanisms for hearing
and adjudicating workers' claims.  The process has been slow.
There were several dozen strikes during the year, fewer than in
previous years.
Labor law and practice are uniform throughout the country,
including in export processing zones (EPZ's).  Except for the
Bataan EPZ, unions have not been able to organize zone
workers--some labor sources attribute this failure to employer
resistance and antiunion discrimination by EPZ authorities.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited, and the Government effectively
enforces this prohibition.  The Government investigates and
attempts to act upon reports of abuse of Philippine workers
overseas.
     d.  Minimum Age for Employment of Children
The Child Protection Act of 1992 prohibits the employment of
children below age 15, except under the direct and sole
responsibility of parents or guardians or where employment in
cinema, theater, radio, or television is essential.  The Labor
Code allows employment for those between the ages of 15 and 18
for such hours and periods of the day as are determined by the
Secretary of Labor but forbids employment of persons under 18
years of age in hazardous or deleterious work.  However, a
significant number of children are employed in the informal
sector of the urban economy or as field laborers in rural
areas.  The most serious, industrywide violations of child
labor law occur in clothing related production, much of which
is exported.
Children continue to be employed in a dangerous form of coral
reef fishing, which exposes them to shark and needlefish
attacks and increases their vulnerability to disease.  The
Government has investigated and attempted to reduce violations
of child labor laws outside the agricultural sector through
well-publicized raids on reported violators.  Relying on tips
provided by concerned NGO's (especially the Kamalayan
Development Center), officials of the DOLE and the National
Bureau of Investigation carried out a number of successful
raids on factories and farms.  The DOLE succeeded in forcing
employers to pay back wages, but court prosecutions encountered
well-known delays.  Secretary of Labor Confesor used radio
programs to warn parents in rural provinces of the danger of
allowing recruiters to lure their children with promises of
"good jobs" in Manila.
     e.  Acceptable Conditions of Work
Under the Minimum Wage Act of 1989, tripartite regional wage
boards set minimum wages.  Rates were last revised in late
1993, with the highest in Manila and lowest in rural regions.
The minimum wage for workers in the national capital region
(NCR) was approximately $5.60 (P145) per day.  This amount is
insufficient to provide a worker and his family in the NCR with
a decent standard of living.  Unless at least two family
members are working, this minimum wage will not raise a
family's income above the Government's "poverty threshold."
Wage boards outside the NCR, in addition to establishing lower
minimum levels, also exempted employers according to such
factors as establishment size, industry sector, involvement
with exports, and level of capitalization.  This excludes
substantial numbers of workers (especially in agriculture,
domestics, laborers, janitors, messengers, and drivers) from
coverage under the law.  Although unions have called for a
nation-wide increase, the Ramos administration favors leaving
responsibility for minimum wage adjustments with the regional
wage boards.  DOLE surveys showed that in the first half of
1994, 25 percent of the inspected establishments violated the
minimum wage law.  Given the difficulty of prosecuting cases
through the courts, the DOLE relies on administrative
procedures and moral suasion to encourage voluntary employer
correction of violations (see Section 1.e.)
The standard legal workweek before overtime is 48 hours for
most categories of industrial workers and 40 hours for
government workers, with an 8 hour per day limit.  An overtime
rate of 125 percent of the hourly rate is mandated.  The law
mandates a full day of rest weekly.  The enforcement of
workweek hours is managed through periodic standards
inspections by the DOLE.
A comprehensive set of occupational safety and health (OSH)
standards exists in law.  Although policy formulation and
review of these standards is the responsibility of the DOLE,
actual enforcement is carried out by 14 regional offices.
Statistics on actual work-related accidents and illnesses are
incomplete, as incidents (especially in regard to agriculture)
are underreported.  Workers do not have a legally protected
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
POLAND1
oTITLE:  POLAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             POLAND
Five years after the fall of Communism, Poland is a
parliamentary democracy based on a multiparty political system
and free and fair elections.  The popularly elected President
(Lech Walesa) shares power with the Prime Minister, the Council
of Ministers, and the bicameral Parliament.
The Government, composed of a coalition of the Democratic Left
Alliance (SLD), a successor to the former Communist party, and
the Polish Peasant Party, a successor to the United Peasants
Party fellow travelers of the Communist era, enjoyed a
comfortable majority in both houses of Parliament.  Prime
Minister Waldemar Pawlak of the Peasant Party heads the
Government.
The Polish armed forces and the internal security apparatus are
subject to governmental authority and are under civilian
control.  The precise division of authority over the military
between the President and Prime Minister continued to be the
subject of debate in 1994 and will probably be addressed as
part of the new constitution being drafted by Parliament.
In 1994 Poland's fledgling market economy registered moderate
growth (4.5 percent), and its level of exports increased
significantly.  While unemployment has declined compared to
previous years, it still stands at 16 percent, caused in part
by the restructuring or closing of large state enterprises.
Unemployment has disproportionately affected women and younger
and semiskilled workers and brought discontent among Poles who
believe that the rapid transition to a market economy has left
them worse off than before.
The National Assembly (the Sejm and the Senate jointly) formed
a constitution-drafting committee, which began its work during
1994.  In May the Parliament approved and the President signed
a bill permitting citizens to submit drafts for a constitution
for consideration.  The Solidarity Union submitted such a draft
in September, successfully meeting the law's requirement for
500,000 petition signatures.  The National Assembly formally
began consideration of that draft and others submitted by the
President, the Senate, and five political parties in
September.  There is no legal deadline for completion of work
on the new constitution, but the chairman of the drafting
committee proposed completing work in early 1995 and submitting
a draft to a national referendum in the spring of 1995.
In April the Sejm ratified two human rights protocols
accompanying the European Convention for the Protection of
Human Rights and Fundamental Freedoms.  One of the protocols
calls for respect for property rights, including movable goods,
real estate, intellectual property, and securities.  The other
states that parents have the right to bring up their children
in compliance with their own religious and philosophical
beliefs.
Some infringements on the rights of free speech and assembly
continued in 1994.  Both the parliamentary opposition and media
organizations vigorously opposed a draft law in Parliament that
they saw as tending to revive censorship and incorporating too
broad an interpretation of those official secrets requiring
protection.  The lack of opportunity for women in the labor
market remains a fact of life, despite some signs of
improvement in recent years.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.  The
trial of the two Communist-era high-ranking secret police
officers, Wladislaw Ciaston and Zenon Platek, charged with
ordering the 1984 murder of Father Jerzy Popieluszko, ended in
acquittal for lack of evidence.  Grzegorz Piotrowski, a former
Polish security police captain jailed for the murder of
Popieluszko, was released on parole in October.  An
investigation into the alleged beating to death of two homeless
persons by the police, launched in 1993 by the Warsaw
prosecutor, was still not complete.
     b.  Disappearance
There were no reports of abductions, secret arrests, or
clandestine detention by police or official security forces.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reported incidents of torture, but police
allegedly used excessive force while arresting foreigners in
incidents at the Warsaw train station in October.
Parliament passed a law in August limiting the possibility that
a person may be committed to a mental institution against his
or her will and outlining specific procedures to be followed in
instances of involuntary commitment.
     d.  Arbitrary Arrest, Detention, or Exile
There were no reports of arbitrary arrest or detention.  Polish
law allows a 48-hour detention period before authorities are
required to bring formal charges, during which detainees are
normally denied access to a lawyer.  Once a prosecutor presents
the legal basis for a formal investigation, the law provides
the detainee access to a lawyer.  A detainee may be held under
"temporary" arrest for up to 3 months and may challenge the
legality of his arrest through appeal to the district court.  A
court may extend this pretrial confinement period every 3
months until the trial date.  Bail is available, and human
rights organizations reported that most detainees were released
on bail pending trial.
There is no exile.
     e.  Denial of Fair Public Trial
Poland has a three-tier court system, consisting of regional
and provincial courts and a Supreme Court which is divided into
five divisions--military, civil, criminal, labor, and family.
Judges are nominated by the National Judicial Council and
appointed by the President.  (Judges are appointed to the bench
for life and may be reassigned but not dismissed, except by a
decision of the National Judicial Council.  The judicial branch
is independent of the executive branch.  The Constitutional
Tribunal may offer opinions on legislation but has no authority
to impose its decisions.  It is elected by the Sejm, which may
overrule the Tribunal's findings.
All defendants are presumed innocent until proven guilty.  At
the end of a trial, the court renders its decision orally and
then has 7 days to prepare a written decision.  A defendant has
the right to appeal a decision within 14 days of the written
decision.  Appeals may be made on, among other grounds, the
basis of new evidence or procedural irregularities.
Criminal cases are tried in regional and provincial courts by a
panel consisting of a professional judge and two lay
assessors.  The seriousness of the offense determines which is
the court of first instance.  Once formal charges are filed,
the defendant is allowed to study the charges and consult with
an attorney, who is provided at public expense if necessary.
When the defendant is prepared, a trial date is set.
Defendants are required to be present during trial and may
present evidence and confront witnesses in their own defense.
The right to testify is universal.
Trials in Poland are normally public.  The court, however,
reserves the right to close a trial to the public in some
circumstances, such as divorce cases, trials in which state
secrets may be disclosed, or cases whose content might offend
"public morality."  The court rarely invokes this prerogative.
In March the human rights Ombudsman criticized the Interior
Ministry for failing to allow the prosecutors' offices and
courts access to evidence classified as a state secret.  The
Ombudsman described this behavior as obstructing the citizens'
right to a fair trial.  The trial of former secret police
officer Adam Humer was still in progress at year's end.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government does not arbitrarily monitor private mail or
telephones.  There is no Polish legislation that guarantees the
right to privacy, although Poland has signed the European
Convention on Human Rights, which provides for that right.
Poles do have the legal right to privacy of correspondence, and
there was no evidence of violations.
The Government introduced draft legislation in Parliament in
September which would give the police the power--with the
personal approval of the chief prosecutor and the Interior
Minister--to monitor private mail and telephone conversations
in cases involving serious crimes, drugs, money laundering, or
illegal arms sales.  The parliamentary opposition sought
assurances that these expanded police powers would be subject
to appropriate human rights safeguards but generally supported
the need to expand the police force's ability to combat crime.
Polish law forbids arbitrary forced entry into homes.  Search
warrants issued by a prosecutor are required in order to enter
private residences.  In emergency cases when a prosecutor is
not immediately available, police may enter a residence with
the approval of the local police commander.  In the most urgent
cases, in which there is not time to consult with the police
commander, police may enter a private residence after showing
their official identification.  There were no reports that
Polish police abused search warrant procedures in 1994.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although these freedoms are generally provided for in the
Constitution, they are subject to some restriction in law and
practice.  Polish citizens may generally express their opinions
publicly and privately.  Article 270 of the Penal Code, however,
states that anyone who "publicly insults, ridicules, and derides
the Polish nation, Polish People's Republic, its political
system, or its principal organs is punishable by between 6
months and 8 years of imprisonment."  Article 273 imposes a
prison term of up to 10 years on a person who commits any of
the acts prohibited by Article 270 in print or through the mass
media.  Speaker of the Sejm Jozef Oleksy called in 1994 for
revisions of these sections of the Constitution in order to
ensure it complied with the European Convention on Human Rights
in relation to freedom of speech.  Polish neo-Fascist activist
Boleslaw Tejkowski was convicted in October of insulting Polish
authorities, the Jewish minority, the Pope, and Polish bishops
and received a 1-year suspended sentence.
The Penal Code stipulates that offending religious sentiment
through public speech is punishable by a fine or a 2-year
prison term.  An August cover of the popular weekly
newsmagazine, Wprost, which showed an image of the Black
Madonna and Child in gas masks to protect themselves from
environmental pollution, raised a strong reaction among
Poland's Catholic community, resulting in several legal
complaints and demands from Catholic extremists that the
magazine cease publication, prompting the editor to issue an
apology.
The print media in Poland are uncensored and independent,
although they may be subject to prosecution under the Penal
Code provisions described above.  A proposal by some
parliamentarians in June to create a national press council
awakened concerns about the possible return of censorship in
some form, and the idea was quietly dropped.
The Government owns a controlling interest in one major
newspaper, which serves as the semiofficial newspaper of
record.  It does not restrict the establishment of private
newspapers.  Journals also appear regularly on newsstands.
Books expressing a wide range of political and social
viewpoints are widely available, as are foreign periodicals.
Poles have access to foreign publications and foreign radio
broadcasts.
The parliamentary opposition expressed strong concern over
provisions in a draft law on the protection of state and
official secrets presented to the Parliament in September which
would make journalists and private citizens liable to prison
terms for up to 10 years for disclosure of state secrets,
broadly defined to include both military and government
economic activity.  The opposition contends the law would
unduly restrict the public's freedom of information.  After a
major outcry from the press, consideration of the law was
deferred pending approval of a new constitution.
Organized crime in Poland's larger cities poses a threat to
reporters:  a journalist who covered organized crime was
attacked in Gdansk during the summer, and in August the
cafeteria of the Poznan offices of Gazeta Wyborcza, an
influential daily, was bombed after the paper published a
series of exposes about organized crime.
The National Broadcasting Council (NBC) supervises programming
on public television, allocates broadcasting frequencies and
licenses, and apportions subscription revenues.  The Council
may interpret these very broad prerogatives at its discretion.
In order to encourage the NBC's apolitical character, the nine
NBC members are obliged under the law to suspend any membership
in political parties or public associations.  However, they
were chosen for their political allegiances and nominated by
the Sejm, the Senate, and the President following political
bargaining, raising serious questions about the independence of
broadcasting from government influence.  Private broadcasters
were concerned that the awarding of licenses for the limited
number of broadcast frequencies available could be politically
motivated.  After the awarding of the first nationwide
television license, President Walesa withdrew his support from
his three nominees and removed his nominee from the chair.  The
President's right to intervene was taken to the Constitutional
Tribunal, and after a court decision the three remained on the
board, and Walesa named one of them chairman.
The NBC granted a nationwide concession for a private
television network to the Polsat corporation in February;
competitors alleged that the decision was legally flawed, and
some charged it was taken under undue political influence.  In
August the Government closed down 6 of 12 stations which the
Polonia 1 network operated without authorization (in the
absence of a law on broadcasting) since 1992, charging that the
stations were operating on frequencies assigned to the
military.  The foreign owner of Polonia 1, who competed
unsuccessfully for the national television concession, claimed
the action was politically motivated.  Polonia continued to
operate six other local television stations, for which it had
outstanding concession applications, and to broadcast to Poland
via satellite from abroad.
The broadcasting law stipulates that programs should not
promote activities that are illegal or against Polish state
policy, morality, or the common good.  The law also requires
that all broadcasts "respect the religious feelings of the
audiences and in particular respect the Christian system of
values."  The law does not fully define the term "Christian
values."  Since the NBC has the ultimate responsibility for
supervising the content of programs, these restrictions could
be used as a means of censorship.  The penalty for violating
this provision of the law is up to 50 percent of a
broadcaster's annual fee for the transmission frequency, plus
the prospect of having the license withdrawn or experiencing
difficulty in renewing the license when it expires.
In March the Constitutional Tribunal declared that there was no
contradiction between broadcasting law regulations, which
prescribe respect for the Christian system of values in
particular, and regulations concerning the pluralism of the
public media and freedom of speech.  In its verdict the
Tribunal stated that respect for Christian values was not
tantamount to their propagation.  Observers concluded that the
ruling made self-censorship more likely and left publishers and
broadcasters with the threat of legal action if any individual
feels his or her Christian values have been violated.  In June,
acting on the request for an opinion by 89 deputies from the
SLD, the Constitutional Tribunal confirmed that the requirement
that broadcast programs "respect the Christian system of
values" was constitutional.
The daily news editor of the main state television's evening
news program was punished in May with a 1-month suspension from
his duties for neglecting to broadcast anything about President
Walesa's visit to Estonia.  The action was taken after the
President's spokesman strongly protested the news program's
failure to cover the visit.
Academic freedom is respected in Poland.
     b.  Freedom of Peaceful Assembly and Association
Poles may gather together formally and informally to promote
nonviolent causes and to protest government policies.  Permits
are not necessary for public meetings but are required for
public demonstrations; demonstration organizers must obtain
these permits from local authorities if the demonstration might
block a public road.  For large demonstrations, organizers are
also required to inform the local police of the time and place
of their activities and their planned route.  Every gathering
must have a chairperson who is required to open the
demonstration, preside over it, and close it.  Major
demonstrations of 20,000 to 40,000 protesters, organized by the
Solidarity trade union in Warsaw in February and May, took
place without incident.
In August a group led by Rabbi Avraham Weiss protested without
incident the placement of religious symbols and the existence
of a Roman Catholic chapel on the grounds of the former
concentration camp Auschwitz-Birkenau.
Private associations need governmental approval to organize and
must register with their district court.  The procedure
essentially requires the organization to sign a declaration
that it will abide by the laws of Poland.  In practice,
however, the procedure itself is complicated and may be subject
to the discretion of the judge in charge.  In 1994 the courts
denied an application for recognition from the Playboy
Foundation, organized to support minorities on the basis of
sexual preference, nationality, and ethnicity, on the grounds
that the Foundation did not promote Polish national interests.
The application, pending at the end of 1993, of the Wehrmacht
veterans in Bydgoszcz to form a legal association was approved
in 1994.
     c.  Freedom of Religion
The Constitution, as amended, provides for freedom of
conscience and belief, and citizens enjoy the freedom to
practice any religion they choose.  Religious groups may
organize, select and train personnel, solicit and receive
contributions, publish, and engage in consultations without
government interference.  There are no government restrictions
on establishing and maintaining places of worship.
More than 95 percent of Poles are Roman Catholic, but Eastern
Orthodox, Ukrainian Catholic, and much smaller Protestant,
Jewish, and Muslim congregations meet freely.  Although the
Constitution provides for the separation of church and state,
state-run radio broadcasts Catholic mass on Sundays.  The
Catholic Church is authorized to relicense radio and television
stations to operate on frequencies assigned to the Church.  It
is the only body outside the NBC allowed to do so.
Religious education classes continue to be taught in the public
schools at public expense.  In June the Sejm passed a
resolution postponing debate on ratification of the Concordat
with the Vatican, signed in 1993, until the completion of work
on a new constitution.  Critics of the Concordat have called on
the Church to guarantee that all church marriages will be
registered with civil authorities and to agree not to deny
burial to non-Catholics in cemeteries it controls.
Although Catholic Church representatives teach the vast
majority of religious classes in the schools, parents may
request religious instruction in any of the religions legally
registered in Poland, including Protestant, Orthodox, and
Jewish.  Such non-Catholic religious instruction exists in
practice, and instructors are paid by the Ministry of Education.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict internal or foreign travel.
Citizens who have left Poland have no trouble returning.  There
are no restrictions on emigration.
The Government generally cooperates with the United Nations
High Commissioner for Refugees and other humanitarian
organizations in assisting refugees.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Poles have the constitutional right and the ability to change
their government.  Poland is a multiparty democracy in which
all citizens 18 years of age and older have the right to vote
and to cast secret ballots.
Governmental power is divided between the President and
Parliament, which is composed of an upper house (the Senate)
and a lower house (the Sejm).  The Constitution provides for
parliamentary elections at least every 4 years.  The President,
elected for 5 years, has the right to dissolve Parliament
following a vote of no confidence or when Parliament fails to
pass a budget, and Parliament may impeach the President.
Women comprise some 15 percent of parliamentarians.  Of a total
of 17 ministries, only 1 is headed by a woman.  One of three
Vice Marshals of the Sejm is a woman.  The electoral law
exempts ethnic minority parties from the requirement to win 5
percent of the vote nationwide in order to qualify for seats in
individual districts.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Helsinki Committee, a major nongovernmental organization,
conducted human rights investigations without government
interference in 1994.  Members of the Committee reported that
the Government displays a generally positive and helpful
attitude towards human rights investigations.
Two governmental organizations monitor human rights in Poland.
The Office of the Commissioner for Civil Rights Protection (the
Ombudsman), established in 1987, is an independent body with
broad authority to investigate alleged violations of civil
rights and liberties.  The Ombudsman has no legislative
authority and is sworn to act apolitically.  He registers each
case that is reported to his office and files grievances, where
appropriate, with the relevant government office.
The second governmental institution, the Senate Office for
Intervention, investigates a wide range of grievances.  In
addition to responding to grievances, it may also investigate
judicial proceedings.  Created in 1989, the Office conducts
investigations and refers legitimate cases to senators whom the
investigator feels will be sympathetic to the grievance,
regardless of their district or political affiliation.  If a
senator does not wish to become involved in the case, the
Office presents it to another senator or senators until it
finds one willing to pursue the matter.  The Office does not
release public reports.
There are no restrictions on visits by international
organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Discrimination is generally prohibited by the Constitution,
with specific clauses providing equal rights to women and
religious minorities.
     Women
The Constitution provides for equal rights regardless of sex
and accords women equal rights with men in all fields of
public, political, economic, social, and cultural life,
including equal pay for equal work.  In practice, however,
women are paid less for equivalent work, on average hold lower
level positions, are discharged more quickly, and are less
likely to be promoted than men.  There are no laws providing
legal redress for women subject to such discrimination or to
sexual harassment at the workplace.
Although women are employed in a broad variety of professions
and occupations, and a few women occupy high positions in
government and in the private sector, legal barriers, such as
clauses in social insurance law limiting child sick care
benefits to women only and early retirement for women,
encourage discrimination in hiring.
Polish law does not address equality in hiring practices (there
are no legal penalties for discriminatory hiring practices),
and advertisements for jobs frequently indicate a preference
according to sex.  Women remain banned from working in 90
occupations in 18 fields of industry, health care, forestry,
agriculture, and transportation, but unions support the efforts
of women to gain entry into these occupations.  The rise in
unemployment and other social changes accompanying economic
reforms and restructuring have hit women harder than men.
Recent statistics suggest, however, that the unemployment gap
between the sexes may be narrowing as general economic
conditions improve.
Violence against women continued to be a problem in Poland,
with occasional reports in the press of wife beating and
spousal rape.  Centrum Kobiet, a women's group, commissioned a
study which indicated that nearly 20 percent of married Polish
women had been struck by their husbands on at least one
occasion.  Police do intervene in cases of domestic violence,
and husbands may be convicted for beating their wives.  A first
offender is put on probation, while the penalty for a second
offense is from 8 to 12 months in prison.
     Children
No special laws exist to ensure the protection of children.
Child abuse is rarely reported, and convictions for child abuse
are even rarer.
There are no procedures in schools to protect children from
abuse by teachers; in fact, the teachers' work code guarantees
a teacher legal immunity from prosecution for the use of
corporal punishment in classrooms.
     National/Racial/Ethnic Minorities
According to the leaders of the Roma community, the Roma faced
disproportionately high unemployment and were more negatively
affected by the current economic changes and reforms than were
ethnic Poles.  Although the Catholic Church-sponsored school
for Roma children in Suwalki has enjoyed limited success, the
opening of a local school for Roma in Debica was delayed
following an attack by hooligans on a Roma boy in November.
As a result of ethnic tensions between Poles and the minority
Germans, there was a flurry of skinhead attacks against German
motorists in 1992.  Six skinheads arrested in Krakow for
assaulting German motorists and for the murder of a German
truckdriver that year were sentenced at the end of January to
prison terms ranging from 3 to 5 years.
     Religious Minorities
Legislation adopted in 1994 placed the Protestant churches in
Poland on the same legal footing as Catholic and Orthodox
churches.  The Protestants now have the same opportunity to
claim restitution of property lost during the Communist era and
benefit from the same tax reduction as that granted to the
Orthodox and Catholic churches.  This law covers only church
property seized by the People's Republic of Poland and
consequently does not address either the issue of private
property or Jewish religious property seized during World War
No violent anti-Semitic incidents were reported in 1994.  There
are no significant anti-Semitic parties, although there is
occasional anti-Semitic rhetoric at political rallies and
demonstrations.  Both local and international Catholic-Jewish
relations remained somewhat strained by the continued presence
of a large cross and a chapel at Auschwitz-Birkenau.
There were isolated racially motivated incidents, including the
painting of a swastika on a church building in Szczeczin.
     People with Disabilities
In 1991 the Government passed a number of laws protecting the
rights of people with disabilities.  Implementation, however,
falls short of the rights set forth in the legislation.  Public
buildings and transportation are generally not accessible to
people with handicaps.
POLAND2
*TITLE:  POLAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
All workers, including the police and frontier guards, have the
legal right to establish and join trade unions of their own
choosing, the right to join labor federations and
confederations, and the right to affiliate with international
labor organizations.  Independent labor leaders reported that
these rights were largely observed in practice.  As few as 10
persons may form a trade union, and 30 may establish a national
union.  Unions, including interbranch national unions and
national interbranch federations, must be registered with the
courts.  A court decision refusing registration may be appealed
to an appeals court.  As of September, 223 national unions were
registered.
The Independent Self-governing Trade Union (NSZZ) Solidarity is
affiliated with the International Confederation of Free Trade
Unions and the World Confederation of Labor.  Solidarity
membership has fallen below 2 million (with roughly 80 percent
paying dues).  Spinoffs from mainstream Solidarity include the
Christian Trade Union Solidarity, Solidarity '80, and a
militant rival which broke away to form "August '80."
Solidarity '80 split into two rival factions in June.  There
are no reliable estimates of the membership of these unions.
Other unions include the All-Poland Trade Union Alliance
(OPZZ), the Communist-inspired trade union registered in 1984
as the sole legal alternative to the then-repressed NSZZ
Solidarity, the ex-official miners' union, and the teachers'
unions (ZNP).  The OPZZ claims a membership of 4.5 million, a
figure independent observers reject as highly inflated.  The
Sejm's passage in August of an overhauled collective bargaining
law did not require that a trade union be "representative,"
with its membership figures verified and its finances based on
dues-paying members, in order to be considered a legal
negotiating partner.  As a result, Solidarity continued to
boycott some negotiations with the OPZZ on the grounds that the
latter's membership figures exaggerated its strength at the
bargaining table.
There was no resolution in 1994 of the longstanding dispute
over Solidarity assets seized during the martial law period and
still administered by the OPZZ.  In June Solidarity formally
protested the lack of progress to the International Labor
Organization (ILO).  In April the European Trade Union
Confederation declined to cooperate with the OPZZ, largely
because of the outstanding assets dispute.
Polish trade union organizations operate independently of state
control and are active in politics.  In alliance with the
Social Democrats of the Republic of Poland, the OPZZ, the ZNP,
and several others maintain a strong, 60-seat presence in the
Sejm under the banner of the SLD.  The Solidarity trade union
has a 11-member caucus in the Senate, while the trade union
wing of the Confederation of Independent Poland, Kontra, has 1
deputy in the Sejm.
The 1991 Trade Union Act prescribes a lengthy process before a
union may call a strike.  In August the Government announced it
would seek to shorten this process.  The law, when strictly
adhered to, provides several opportunities for employers to
challenge a pending strike, including the threat of legal
action.  An employer must start negotiations the moment a
dispute begins.
Negotiations end with either an agreement between the parties
or a protocol describing their differences.  If negotiations
fail, a mandatory mediation process ensues; if mediation fails,
the trade union may launch a warning strike for a period of up
to 2 hours or seek arbitration of the dispute.  Both employers
and employees have frequently questioned the impartiality of
the mediators.
A full-fledged strike may not be launched until 14 days after
the dispute is announced (strikes are prohibited entirely in
the Office of State Protection, and in units of the police,
firefighters, military forces, prison services, and frontier
guards).  The union may call a strike after approval by a
majority of voting workers, announcing it at least 5 days in
advance.  If the strike is organized in accordance with the
law, workers retain their right to social insurance benefits
but not pay.  If a strike is "organized contrary to the
provisions of the law," workers may lose social benefits, and
organizers are liable for damages and may face civil charges
and fines.  Laws prohibiting retribution against strikers are
not consistently enforced; the fines imposed as punishment are
so minimal that they are not effective sanctions against
illegal employer activity.
The Government's "strategy for Poland," announced in June,
includes a comprehensive attempt to adapt the many existing,
outdated laws governing labor activity to the emerging market
economy.  In August the Government sent a revised labor code to
the Sejm, in effect abandoning the landmark February 1993 "Pact
on State Enterprises" which had set forth a detailed framework
for dealing with labor-related issues and to which the unions,
employers, and Government had agreed.  In September the
Government announced it would send legislation to the Sejm
proposing important changes in existing laws governing trade
unions, employers, and the resolution of labor disputes.  Its
aim is to establish the legal framework governing all aspects
of work in a market economy and to bring Polish laws into line
with ILO conventions and European Union practices.  In the
interim, legal ambiguities continued, leading to some labor
tensions, including a 9-week protest campaign in the spring led
by Solidarity and a 48-day strike at the Huta Lucchini steel
mill in Warsaw.
     b.  The Right to Organize and Bargain Collectively
The 1991 law on trade unions and the resolution of collective
disputes generally created a favorable environment to conduct
trade union activity.  In August the Government announced its
intention to reduce some employer-provided, union-related costs
in enterprises with a large number of unions (some as many as
Weaknesses in the 1991 law included inadequate sanctions for
antiunion discrimination and no explicit prohibition of
lockouts.  The law also lacked specific provisions to ensure
that a union has continued rights of representation when a
state firm undergoes privatization, commercialization,
bankruptcy, or sale.  Labor leaders claimed that this ambiguity
led to underrepresentation of unions in the large and growing
private sector.  There were also a number of confirmed cases in
which Solidarity activists were dismissed for labor activity
permitted under Polish law, including organizing strikes.
Unions, management, and workers' councils currently set wages
in ad hoc negotiations at the enterprise level.  When
collective agreements have been reached at the national or
branch level, they have routinely been ignored or overtaken by
enterprise-level disputes.  Nevertheless, collective bargaining
as a system of industrial relations is expected to encompass an
ever larger percentage of the work force.  By year's end, both
unions and employers were preparing themselves for such a
relationship.  The Government repeatedly stated its intention
not to be drawn into labor disputes.
The Government continued its effort to link wages to increased
productivity and reduce inflationary pressures in the state
sector; the so-called neo-popiwek tax penalty was imposed on
any firm which increased its average wage in excess of a
government-set "coefficient."  Both Solidarity and the OPZZ
challenged the tax in the Constitutional Court.  The law
providing for the excess wage tax was due to expire at the end
of 1994.
Current government policy aims to liberalize investment
procedures for both domestic and foreign firms rather than
promote special incentive programs.  Special duty-free zones
exist in or have been contemplated for some 15 to 20 locations
throughout Poland but, with the exception of a zone in Poznan
and another in Mielec (in southeastern Poland), have not
attracted much attention.  Thus, traditional export processing
zones that relax legal guarantees do not, at this time,
comprise a threat to workers' rights to organize.  However,
collective bargaining either does not exist there or is in its
early stages of development.
     c.  Prohibition of Forced or Compulsory Labor
Compulsory labor does not exist, although it is not prohibited
by law.
     d.  Minimum Age for Employment of Children
The Labor Code forbids the employment of persons under the age
of 14.  Persons aged 15 to 18 may be employed only if they have
completed basic schooling and if the proposed employment
constitutes vocational training and is not harmful.  The age
floor rises to 18 if a particular job might pose a health
danger.  The Government enforces legal protection of minors,
but its inability to monitor the growing private sector, which
now accounts for some 60 percent of all employment, leaves
officials less certain that the problem does not exist.
     e.  Acceptable Conditions of Work
A national minimum wage is negotiated every 3 months by the
Ministry of Labor and Social Policy and the trade unions.
Minimum monthly wages for employees of state-owned enterprises
were roughly $105 (Zl 2,400,000) at the October 1 exchange
rate, which was insufficient to provide a worker and family a
decent standard of living.  The minimum monthly wage has the
force of law, but a significant number of foreign guest workers
received less than the minimum, especially in the construction
and agricultural sectors.  The average gross monthly wage rose
to roughly $220 (Zl 5,080,000).  Despite several recent annual
increases in gross domestic product, real wages declined.
There is a standard legal workweek of 42 hours which allows 6-
or 7-hour days, including at least one 24-hour rest period.
The Legal Code defines minimum conditions for the protection of
workers' health and safety.  Enforcement is a growing problem
because the State Labor Inspectorate is unable to monitor the
ever-increasing portion of economic activity that is in private
hands and where a growing percentage of accidents take place.
In addition, there is a lack of clarity concerning which
government or legislative body has the responsibility for
enforcing the law.  Of the 103,073 cases of work-related
accidents that were reported in 1993, 655 involved deaths.
This represents 9 accidents per 1,000 workers, a slight upward
trend since 1992.  The Government itself has noted that work
conditions are poor and sanctions minimal.  Standards for
exposure to chemicals, dust, and noise are routinely exceeded.
PORTUGAL1
RHRHTITLE:  PORTUGAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            PORTUGAL
The Republic of Portugal is a parliamentary democracy with a
President, a Prime Minister and a Legislative Assembly freely
elected by secret ballot.
Internal security is primarily the responsibility of the
Ministries of Justice and Internal Administration.  Security
forces are controlled by, and responsive to, the Government.
Portugal has a market-based economy and is a member of the
European Union.  An increasing proportion of the population is
employed in services, while employment in agriculture continues
to decline, and has been static or declining slightly in the
industrial sector.
Citizens enjoy a broad range of civil and other human rights.
Civil rights are outlined in the Constitution with specific
reference to the Universal Declaration of Human Rights.  An
Ombudsman, chosen by the Assembly of the Republic (legislature)
to serve a 4-year term, is Portugal's chief civil and human
rights officer.  Any citizen may apply to the Ombudsman for
relief.  The Ombudsman receives about 3,000 complaints
annually, most of them concerning cases of alleged
maladministration by the bureaucracy or delays in the judicial
process.  The principal human rights problem concerns credible,
though limited, reports of beatings of detainees or prisoners
by police or prison personnel.  The Government, criticized for
being slow to investigate such reports, has dismissed or
forcibly retired some officials found guilty of such abuse (see
Section 1.c.).
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known instances of government-sanctioned
political or other extrajudicial killings.  No killings were
attributed to any domestic terrorist groups.
     b.  Disappearance
Government or police authorities do not abduct, secretly
arrest, or otherwise illegally detain persons.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution forbids torture, inhuman or degrading
treatment or punishment, and the use of evidence obtained under
torture in criminal proceedings.  The Ombudsman investigates
complaints of mistreatment by police and prison authorities.
In 1994 the Government and Amnesty International (AI) continued
their dialog on allegations of police brutality in Portugal.
The AI annual report added three new allegations of police
mistreatment of detainees.  Three previous AI cases were
reported as apparently resolved by disciplinary action,
although in some the disciplined agents were appealing the
action.  AI and the U.N. Committee Against Torture lamented the
delay in investigating such allegations.
In January a delegation of the Council of Europe's Committee
for the Prevention of Torture and Inhuman or Degrading
Punishment (CPT) visited police and prison establishments in
response to allegations of maltreatment of detainees and
prisoners.  The CPT's report, issued in July, found the
allegations to be corroborated.  It recommended corrective
steps such as improving detainees' access to counsel and to
medical treatment.  In response, the Government admitted to
some problems with control and supervision of police officers;
but it characterized the operation of the public security
forces as positive overall, and said violations of citizens'
rights by the security forces were "exceptional cases."  The
Government established a continuing dialog with the CPT.
     d.  Arbitrary Arrest, Detention, or Exile
Under the law, an investigatve judge determines whether an
arrested person should be detained, released on bail, or
released outright.  Persons may not be held more than 48 hours
without appearing before an investigating judge.  Investigative
detention is limited to a maximum of 6 months for each
suspected crime.  If a formal charge has not been filed within
that period, the detainee must be released.  In cases of
serious crimes (e.g., murder or armed robbery), or more than
one suspect, investigative detention may be for up to 2 years
and may be extended by a judge to 3 years in extraordinary
circumstances.  A suspect in preventive detention must be
brought to trial within 18 months of being formally charged.
If the suspect is not in detention, there is no specified
period for going to trial.  A detainee has access to lawyers;
the State assumes the cost if necessary.
The judicial system has been much criticized for a large
backlog of pending trials.
Exile and incommunicado detention are illegal and not practiced.
     e.  Denial of Fair Public Trial
Portugal has an independent and impartial judicial system.  All
trials are public except those which may offend the dignity of
the victim, such as in cases of sexual abuse of children.  The
accused is presumed innocent.  In trials for serious crimes, a
panel of three judges presides.  For lesser crimes, a single
judge presides.  At the request of the accused, a jury may be
used in trials for major crimes; in practice, requests for jury
trials are extremely rare.
Portugal holds no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution forbids forced entry into homes and searches
without a judicial warrant.  In addition, entry into a person's
home at night requires the consent of the occupant.  The
Government may intercept private correspondence, or make
wiretaps, only on the basis of a court order.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Freedom of speech and press is provided for in the Constitution
and respected by the State.  The constitutionally mandated High
Commission for Social Communication acts to protect this
freedom; its members, chosen by the Government and the Assembly
of the Republic, make recommendations to the Assembly and have
enforcement powers.  The law provides that a person may be
prosecuted for insulting certain state authorities if the
insult is intended to undermine the rule of law; there were no
known prosecutions on this basis in 1994.
The State owns two television channels, and two are privately
owned.  The Government does not directly control the
state-owned channels, but it wields considerable influence
through personnel appointments.  Opposition parties sometimes
charge that state network with political bias; station news
directors deny this.  The law gives all political parties, even
relatively tiny ones, the right to use "antenna time" during
prime hours, and all do so.  More than 250 local privately
owned radio stations are now on the air.  There is no press
censorship.  All newspapers are privately owned.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The law provides for this freedom, and the authorities respect
these provisions.  Public meetings or protests require 24-hour
advance notice to the civil governor of the region.  Permission
is routinely granted.  The official registration of a new
political party requires 5,000 signatures.
The law prohibits Fascist organizations.  Some small, extreme
rightwing groups hold meetings and run candidates for public
office without interference.  In January the Constitutional
Court refused to rule on whether the rightwing National Action
Movement (MAN) was Fascist and should be banned; the Court
ruled that the organization had dissolved itself during the
course of the Court's consideration.  The question had been
raised by the Attorney General, after the involvement of some
MAN members in violent acts.
     c.  Freedom of Religion
Portugal does not have a state religion, and the Government
does not interfere with the free practice of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for the right of freedom of movement,
foreign travel, and emigration.  There are no restraints on
domestic travel or on the right of a citizen to change
domicile.  Citizenship is not revoked for political reasons.
Displaced persons who qualify as refugees (as defined by the
International Convention Relating to the Status of Refugees)
are entitled to permanent resident status and work permits.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Portugal is a multiparty, parliamentary democracy.  Candidates
for president or for legislative, regional, or municipal
offices are freely nominated and are elected by secret ballot
on the basis of universal suffrage.
Elections to the unicameral Assembly of the Republic are held
at least once every 4 years.  The President has a 5-year
mandate and may not serve more than two consecutive terms.
Women and minorities participate in the political process
without formal restriction.  Women hold 24 of 230 seats in the
Assembly, including the Vice Presidency of that body.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local and international human rights groups operate freely.
The Government cooperates with independent outside
investigations of human rights conditions, responds to the
findings of such investigations, and actively participates in
the monitoring of human rights by the Council of Europe.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution forbids discrimination based on ancestry, sex,
race, language, territory of origin, religion, political or
ideological convictions, education, economic situation, or
social condition.
     Women
Women's groups have drawn increasing attention to the largely
hidden problem of domestic and other violence against women.
The law provides for criminal penalties in cases of violence by
a spouse.  Traditional societal attitudes discourage many
battered women from recourse to the judicial system.  Women's
groups complain that Portugal lacks institutions established
specifically to provide relief to battered women.  The judicial
system shows no apparent reluctance to prosecute suspects
accused of abusing women.
The Civil Code provides for full legal equality for women.
Sexual harassment, an issue gaining public attention, is
covered in the Penal Code as a sex crime, but only if
perpetrated by a superior and in the workplace.  As in the case
of violence, socially ingrained attitudes discourage many women
from taking advantage of their legal protection in this area.
Women are increasing their representation in universities,
business, science, government, and the professions.
Traditional attitudes of male dominance persist but are
changing gradually.  The Commission for the Equality and Rights
of Women, an official organization under the Ministry of
Employment and Social Security, is a leading and effective
advocate of women's rights.
     Children
The Government is committed to the rights and welfare of
children, and has established mechanisms to protect children.
The responsible governmental entity, the Institute for Support
of Children, complains that it has not been allocated adequate
funds to fulfill its responsibilities.  Most of its funds are
spent on campaigns publicizing abuse of child labor, which
occurs mainly in low-technology, home-based industries (see
Section 6.d.).
     National/Racial/Ethnic Minorities
The principal minority groups are immigrants, legal and
illegal, from Portugal's former African colonies; there is also
a resident Roma population.  African immigrants continued to
organize to protest what they perceive as racism in Portugal.
The Government continued to deny that significant racist
offenses have been occurring, while the press continued to
report occasional racially motivated incidents apparently
perpetrated by small, unorganized skinhead groups.  The police
pursue such incidents as vigorously as they pursue other crimes.
     People with Disabilities
There is no discrimination against disabled persons in
employment or in provision of state services.  Their access to
public facilities is mandated by legislation, which is
generally complied with.  There is no such legislation covering
private businesses or other facilities.
Section 6  Worker Rights
     a.  The Right of Association
Workers in both the private and public sectors have the right
to associate freely and to establish committees in the
workplace "to defend their interests."  The Constitution
provides for the right to establish unions by profession or
industry.  Trade union associations have the right to
participate in the preparation of labor legislation.  Strikes
are permitted for any reason, including political causes; they
are common, and generally are resolved through direct
negotiations.  The authorities respect all provisions of the
law on labor's rights.
There are two principal labor federations.  Unions function
without hindrance by the Government, and are closely associated
with political parties.  The labor movement exercises
significant influence on social and economic policymaking.
     b.  The Right to Organize and Bargain Collectively
Unions are free to organize without interference by the
Government or by employers.  Collective bargaining is
guaranteed by the Constitution and practiced extensively in the
public and private sectors.
Collective bargaining disputes rarely lead to prolonged strike
action.  Should a long strike occur in an essential sector such
as health, energy, or transportation, the Government may order
the workers back to work for a specific period.  The Government
has rarely done so, in part because most strikes are limited to
periods of 1 to 3 days.  The law requires a "minimum level of
service" to be provided during strikes in essential sectors,
but this has been infrequently applied.  When it has been
applied, minimum levels of service have been established by
agreement between the Government and the striking unions,
although unions complain the levels have been too high.  When
collective bargaining fails, the Government may appoint a
mediator, at the request of either management or labor.
The law prohibits antiunion discrimination, and the authorities
respect this prohibition.  Complaints are promptly examined by
the General Directorate of Labor.
Portugal has no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited and does not occur.
     d.  Minimum Age for Employment of Children
The minimum employment age is 15 years.  It is to be raised to
16 when the period of 9 years of compulsory schooling takes
effect on January 1, 1997.  The two main labor federations, and
observers from other European countries, have charged that a
number of "clandestine" companies in the textile, shoe, and
construction industries exploit child labor.
The Government's General Labor Inspectorate, which is
responsible for enforcement of child labor laws, admits that
thousands of children under age 15 are employed illegally, but
says the number is declining.  The Inspectorate's funding has
been increased, and the number of inspectors and inspections
continues to grow.  The Inspectorate has levied increasingly
large fines on employers who use child labor.
Union observers agree that the number of illegally employed
children in Portugal is falling, but they attribute this to the
general rise in unemployment.  Unions are entering into local
alliances with church groups, citizens groups, and local
government bodies to attack the multiple causes of child
labor.  While some improvements have been effected, the
Government does not allocate resources sufficient to address
the problem fully.
     e.  Acceptable Conditions of Work
Minimum-wage legislation covers full-time workers, as well as
rural workers and domestic employees age 18 or over.  The
current minimum monthly wage of about $320 (49,500 escudos) is
generally enforced.  Even with rent control and various social
assistance subsidies, it is difficult for a single-income
family to maintain a decent standard of living on the minimum
wage, particularly in urban areas.
Current legislation limits regular hours of work to 8 hours per
day and 44 hours per week, but agreement has been reached in
principle to reduce the workweek to 40 hours by 1995.
Implementation remains under discussion in connection with
other broad issues affecting labor.  Overtime is limited to 2
hours a day, up to 200 hours annually.  Work during what is
normally a day off is restricted to 8 hours.  These limits are
respected in practice.  Workers are guaranteed 30 days of paid
annual leave per year. The Ministry of Employment and Social
Security monitors compliance through its regional inspectors.
Employers are legally responsible for accidents at work, and
are required by law to carry accident insurance.  Portugal has
developed a body of legislation that regulates safety and
health, but labor unions continue to argue for stiffer
legislation.  The General Directorate of Hygiene and Labor
Security develops safety standards, and the General Labor
Inspectorate is responsible for enforcement; but the
Inspectorate lacks sufficient funds and inspectors to combat
the problem effectively.  Accidents average between 70,000 and
75,000 per quarter.  A relatively large proportion are in the
construction industry.  Poor environmental controls in textile
production also cause considerable concern.  While the ability
of workers to remove themselves from situations where these
hazards exist is limited, it is difficult to fire workers for
any reason.  Workers injured on the job rarely initiate
lawsuits.
QATAR1
PTITLE:  QATAR HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             QATAR
Qatar, an Arab state on the Persian Gulf, is a monarchy without
democratically elected institutions or political parties.  It
is ruled by an Amir from the Al Thani family.  The 1970 Basic
Law institutionalizes the customs and mores of the country's
conservative Islamic heritage.  These include respect for the
sanctity of private property, freedom from arbitrary arrest and
imprisonment, and punishment of transgressions against Islamic
law.  The Amir holds absolute power, the exercise of which is
influenced by consultation with leading citizens, rule by
consensus, and the right of any citizen to appeal personally to
the Amir.  The Amir considers the opinions of leading citizens,
whose influence is institutionalized in the Advisory Council,
an appointed body that assists the Amir in formulating policy.
The Government operates an efficient security apparatus.  The
civilian security apparatus, controlled by the Interior
Ministry, is comprised of two sections:  the police and the
General Administration of Public Security; and the
Investigatory Police (Mubahathat) which is responsible for
sedition and espionage cases.  There have been reports in the
past that officers in the Mubahathat physically abused
suspects.  There were no such reports in 1994.  The armed
forces have under their jurisdiction another enforcement
organization, known as the Intelligence Service (Mukhabarat),
which intercepts and arrests terrorists and monitors political
dissidents.
The State owns most basic industries and services, but the
retail and construction industries are in private hands.  Oil
is the principal natural resource, but the country's extensive
natural gas resources are expected to play an increasingly
important role.  The rapid development of the 1970's and early
1980's created an economy in which expatriate workers, mostly
South Asian and Arab, outnumber Qataris by a ratio of 4 to 1.
The Government tries to reduce this ratio by offering many
government jobs only to citizens.
There was no significant change in the human rights situation
in 1994.  Human rights remain closely restricted.  The main
problems continued to include the denial of the right of
citizens to change their government, arbitrary detentions in
security cases, and restrictions on worker rights and the
freedoms of speech, press, assembly, and association.  Women's
rights are closely restricted, and non-Qatari workers face
systematic discrimination.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Extrajudicial Killing
There were no reports of political or extrajudicial killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There have been no reported instances of torture for several
years.  The Government administers most corporal punishment
prescribed by Islamic law but does not allow amputation.
     d.  Arbitrary Arrest, Detention, or Exile
The authorities generally charge suspects within 48 hours.  In
most cases involving foreigners, the police promptly notify the
appropriate consular representative.  Suspects detained in
security cases are generally not afforded access to counsel and
may be detained indefinitely while under investigation.  There
are no known recent cases of incommunicado detention.
Involuntary exile is rare.  There were no reported cases in
1994.
     e.  Denial of Fair Public Trial
There are two types of courts:  the civil courts, which have
jurisdiction in civil and commercial matters, and the Shari'a
Court, which has jurisdiction in family and criminal cases.
There are no permanent security courts.  Security cases, which
are rare, are tried by ad hoc military courts.  Defendants
tried by all courts have the right to appeal.  Occasionally in
the Shari'a Court, the same judge will hear the original case
and the appeal.
Defendants appear before a judge for a preliminary hearing
within 7 days of their arrest.  Judges may extend pretrial
detention a week at a time to allow the authorities to conduct
investigations.  Defendants in the civil courts have the right
to be represented by defense attorneys but are not always
permitted to be represented by counsel in the Shari'a Court.
The judiciary is nominally independent, but most judges are
foreign nationals who hold residence permits granted by the
civil authorities and thus hold their positions at the
Government's pleasure.  The legal system is biased in favor of
Qataris and the Government.  A Muslim litigant may request the
Shari'a Court to assume jurisdiction in commercial or civil
cases.  Non-Muslims are not allowed to bring suits as
plaintiffs in the Shari'a Court.  This practice prevents
non-Muslim residents from obtaining full legal recourse.
Trials in the civil courts are public, but in the Shari'a Court
only the disputing parties, their relatives, associates, and
witnesses are allowed in the courtroom.  Lawyers do not play a
formal role except to prepare litigants for their cases.
Although non-Arabic speakers are provided with translators,
foreigners are disadvantaged, especially in cases involving the
performance of contracts.
Shari'a trials are normally brief.  After both parties have
stated their cases and examined witnesses, judges are likely to
deliver a verdict after a short deliberation.  Criminal cases
are normally tried within 2 to 3 months after suspects are
detained.  There is no provision for bail in criminal cases.
However, foreigners charged with minor crimes may be released
to a Qatari sponsor.  They are prohibited from departing the
country until the case is resolved.
There are no known political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence.
Traditional attitudes of respect for the sanctity of the home
provide a great deal of protection against arbitrary intrusions
for most citizens and residents of Qatar.  A warrant must
normally be obtained before police may search a residence or
business, except in cases involving national security or
emergencies.  However, warrants are issued by police officials
themselves rather than by judicial authorities.  There were no
reports of unauthorized searches of homes in 1994.  The police
and security forces are believed to monitor the communications
of suspected criminals, those considered to be security risks,
and selected foreigners.
With prior permission, which is usually granted, Qataris may
marry foreigners of any nationality and apply for residence
permits for their spouses.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The freedoms of both speech and press are significantly
restricted.  While citizens may express political opinions in
private, the Government does not tolerate any public criticism
of the ruling family or Islam and discourages criticism of
other Arab governments.  Such restrictions apply to the
privately owned press and the state-owned electronic media.
Censors review the content of local newspapers, books, and
other locally published material for objectionable material,
but in general, journalists censor themselves.  Foreign
journalists avoid challenging press restrictions because they
fear the Government may cancel their residency permits.
Customs officials routinely screen imported video cassettes,
audio tapes, books, and periodicals for politically
objectionable or pornographic content.  Foreign cable
television service was introduced in 1993, but censors review
broadcasts for objectionable material.  There is no legal
provision for academic freedom.  Most instructors at the
University of Qatar exercise self-censorship.
     b.  Freedom of Peaceful Assembly and Association
These rights are severely limited.  The Government does not
allow political parties, political demonstrations, or
membership in international professional organizations critical
of the Government or any other Arab government.  Private
social, sports, trade, professional, and cultural societies
must be registered with the Government.  Security forces
monitor the activities of such groups.
     c.  Freedom of Religion
The state religion is Islam, as interpreted by the puritanical
Wahabbi branch of the Sunni tradition.  Non-Muslims are
prohibited from public worship and may not proselytize.  The
Government tolerates private gatherings of non-Muslims but
closely monitors them for political content.  Non-Muslim
parents may raise their children in their own faiths.  The
Government allows Shi'a Muslims to practice their faith.
However, the latter have tacitly agreed to refrain from such
public rituals as self-flagellation.
In 1993 two leaders of a Christian group known as the Indian
Brethren were arrested and subsequently deported, allegedly for
converting a Hindu to Christianity.  Apostasy from Islam is a
capital offense, although no one is known to have been executed
for it.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on internal travel, except around
sensitive military and oil installations.  Generally, women do
not require permission from male guardians to travel.  However,
men may prevent female relatives from leaving the country by
placing their names with immigration officers at ports of
departure.  Technically, Qatari women employed by the
Government must obtain official permission to travel abroad
when requesting leave, but it is not known to what extent this
regulation is enforced.  Citizens critical of the Government
may face restrictions on their right to travel abroad.
All citizens have the right to return.  Foreigners are subject
to immigration restrictions designed to control the size of the
local labor pool.  Foreign workers must have a sponsor, usually
their employer, to enter or depart the country.
The Government has no formal refugee policy.  Those attempting
to enter illegally, including persons seeking to defect from
nearby countries, are refused entry.  Asylum seekers who can
obtain local sponsorship or employment are allowed to enter and
may remain as long as they are employed.  Foreign women married
to Qataris are granted residence permits and may apply for
Qatari citizenship.  However, they are expected to relinquish
their foreign citizenship.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the legal right to change their government
or the political system peacefully.  Qatar has no formal
democratic institutions.  There have been reports that some of
the 19 signers of a December 1991 petition calling for greater
political freedom and constitutional reform continued to be
subject to travel restrictions.  The political institutions
blend the characteristics of a traditional Bedouin tribal state
and a modern bureaucracy.  There are no political parties,
elections, or organized opposition groups.
The Amir exercises most executive and legislative powers,
including appointment of cabinet members.  However, his rule is
tempered by local custom.  Interlocking family networks,
together with the right of citizens to submit appeals or
petitions to the Amir, provide informal avenues for the redress
of many grievances.  The custom of rule by consensus leads to
extensive consultations among the Amir, leading merchant
families, religious leaders, and other notables on important
policies.
Under the Basic Law of 1970, the Amir must be chosen from and
by the adult males of the Al Thani family.  The current Amir,
Khalifa bin Hamad, has designated his son, Hamad bin Khalifa,
as the heir apparent.  This designation was made with the
consent of local notables and religious leaders in accordance
with local custom.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights organizations are not permitted to exist.
No international human rights organization is known to have
asked to investigate conditions in Qatar.
Section 5  Discrimination Based on Race, Religion, Sex,
           Disability, Language, or Social Status
     Women
The activities of Qatari women are closely restricted both by
law and tradition.  For example, women are prohibited from
applying for drivers' licenses unless they have permission from
a male guardian.  This restriction does not apply to non-Qatari
women.  The Government adheres to Shari'a law in matters of
inheritance and child custody.  While Muslim wives have the
right to inherit from their husbands, non-Muslim wives do not,
unless a special legacy is arranged.  In cases of divorce,
wives rarely obtain custody of children and never if the wife
is not a Muslim.  Women may attend court proceedings but are
generally represented by a male relative.
Women are largely relegated to the roles of mother and
homemaker, but some women are now finding jobs in education,
medicine, and the news media.  However, the number of
professional women is too small to determine whether they are
receiving equal pay for equal work.  Increasingly, women are
receiving government scholarships to pursue degrees at
universities overseas.  Although women are legally able to
travel abroad alone (see Section 2.d.), tradition and social
pressures cause most to travel with male escorts.
Violence against women, primarily foreign domestic workers,
occurs but is not believed to be widespread.  However, some
foreign domestics, especially those from South Asia and the
Philippines, have been severely mistreated by employers.  In
keeping with Islamic law, all forms of physical abuse are
illegal.  The maximum penalty for rape is death.  The police
actively investigate reports of violence against women.  In the
last few years, the Government has demonstrated an increased
willingness to arrest and punish offenders, whether citizens or
foreigners.  Offenders who are citizens usually receive lighter
punishments than foreigners.  Abused domestic workers usually
do not press charges for fear of losing their jobs.
There is no independent women's rights organization, nor would
the Government permit the establishment of one.
     Children
There is no pattern of societal abuse of children.
     National/Racial/Ethnic Minorities
The Government discriminates against some citizens of
non-Qatari origin.  In the private sector, many Qataris of
Iranian extraction occupy positions of the highest importance.
However, in government they are rarely found in senior
decisionmaking positions.
     Religious Minorities
Non-Muslims experience discrimination in employment,
particularly in sensitive areas such as security and
education.  Non-Muslims also encounter official prohibitions in
the public practice of their religions (see Section 2.c.).
     People with Disabilities
The Government has not enacted legislation or otherwise
mandated provision of accessibility for the handicapped, who
also face social discrimination.  The Government does maintain
a hospital and schools that provide free services to the
mentally and physically handicapped.
Section 6  Worker Rights
     a.  The Right of Association
The right of association is strictly limited, and all workers,
including foreigners, are prohibited from forming labor
unions.  Despite this, almost all workers have the right to
strike after their case has been presented to the Labor
Conciliation Board and ruled upon.  Employers may close a place
of work or dismiss employees once the Conciliation Board has
heard the case.  The right to strike does not exist for
government employees, domestic workers, or members of the
employer's family.  No worker in a public utility or health or
security service may strike if such a strike would harm the
public or lead to property damage.  Strikes are rare, and there
were none in 1994.
Qatar's labor law provides for the establishment of joint
consultative committees composed of representatives of the
employer and workers.  The committees may consider issues
including work organization and productivity, conditions of
employment, training of workers, and safety measures and their
implementation.
     b.  The Right to Organize and Bargain Collectively
Workers are prohibited from engaging in collective bargaining.
Generally, wages are set unilaterally by employers without
government involvement.  Local courts handle disputes between
workers and employers.  There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor.  Such activity is
not known to exist.  However, employers must give consent
before exit permits are issued to any foreigner seeking to
leave the country.  Some employers temporarily withhold this
consent to force foreign employees to work for longer periods
than they wish.
     d.  Minimum Age for Employment of Children
Minors between the ages of 15 and 18 may be employed with the
approval of their parents or guardians.  However, younger
non-Qatari children sometimes work in small family-owned
businesses.  Education is compulsory through age 15.  While the
laws governing the minimum age for employment of children are
not strictly enforced, child labor, either Qatari or foreign,
is rare.  Very young children, usually of African or south
Asian background, have been employed as riders in camel
racing.  While little information is available on wages and
working conditions for these children, accidents involving
serious injury or death have been known to occur.
Minors may not work more than 6 hours a day or more than 36
hours a week.  Employers must provide the Ministry of Labor
with the names and occupations of their minor employees.  The
Ministry may prohibit the employment of minors in jobs which
are judged as dangerous to the health, safety, or morals of
minors.  Employers must also obtain permission from the
Ministry of Education to hire a minor.
     e.  Acceptable Conditions of Work
There is no minimum wage in Qatar, although a 1962 law gives
the Amir authority to set one.  The 48-hour workweek with a
24-hour rest period is prescribed by law, although most
government offices follow a schedule of 36 hours a week.
Employees who work more than 48 hours a week, or 36 hours a
week during the Muslim month of Ramadan, are entitled to
overtime.  This law is adhered to in government offices and
major private sector companies.  It is not observed in the case
of domestic and personal employees.  Domestic servants
frequently work 7 days a week, more than 12 hours a day, with
few or no holidays, and have no effective way to redress
grievances against their employers.
Qatar has enacted regulations concerning worker safety and
health, but enforcement, which is the responsibility of the
Ministry of Energy and Industry, is lax.  The Department of
Public Safety oversees safety training and conditions, and the
state-run petroleum company has its own set of safety standards
and procedures.  The Labor Law of 1964, as amended in 1984,
lists partial and permanent disabilities for which compensation
may be awarded, some connected with handling chemicals and
petroleum products or construction injuries.  The law does not
specifically set rates of payment and compensation.
Foreign workers must be sponsored by a citizen or legally
recognized organization to obtain an entry visa, and must have
their sponsor's permission to depart the country.
Theoretically, any worker may seek legal relief from onerous
work conditions, but domestic workers generally accept their
situations in order to avoid repatriation.
RUSSIA1
lTITLE:  RUSSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             RUSSIA
The Russian Constitution establishes democratic governance
through three branches of power with checks and balances:  the
Presidency and the Government, headed by the Prime Minister; a
bicameral legislature, or Federal Assembly, consisting of the
State Duma and Federation Council; and the courts.  The
Constitution also lays a comprehensive groundwork for
observance and enforcement of human rights set forth in the
Universal Declaration of Human Rights.
The constitutional referendum of December 1993, which was
concurrent with parliamentary elections, strengthened President
Boris Yeltsin's position vis-a-vis the legislature.  He
continued to proclaim his commitment to political reform and
the transition to a modern market economy.  Nevertheless, the
process of institutionalizing democracy and a modern market
economy lagged due, in part, to the slow enactment of laws and
development of regulatory institutions, widespread
unfamiliarity with democratic and market principles, and a
reaction against "democrats" and free market advocates because
of social dislocation.
The Federal Counterintelligence Service (FSK) is responsible
for internal security issues, including foreign intelligence
activity in Russia, drugs, terrorism, and state corruption.
The Federal Border Service is broadly responsible for the
security of Russia's external borders.  The Ministry of
Interior (MVD) is responsible for the police, prison system,
and paramilitary forces used to maintain public order.
Legislative oversight of these organizations is tenuous at
best, and some MVD prison and police personnel have committed
human rights abuses.
Russia is a vast country with a wealth of natural resources and
a diverse industrial base.  It made significant progress in
1994 in its ongoing transformation from a centrally planned
economy to a market-based one.  Over 70 percent of enterprises
are now privatized, and the majority of workers are employed
outside the state sector or in both the private and state
sectors.  However, by official measurement, gross domestic
product continued to fall and unemployment to rise, and the
Government continued to battle inflation and deficit spending.
The overall human rights record in Russia in 1994 remained
uneven.  The concept of the rule of law has yet to be
institutionalized and implemented.  In his desire to combat
rapidly increasing crime, President Yeltsin signed two decrees
in June, which contradict constitutional rights to protection
against arbitrary arrest and illegal search, seizure, and
detention.  The Constitutional Court, the only body having the
authority to settle constitutional disputes, remained
inoperative because of governmental inability to fill
vacancies.  Courts of general jurisdiction, with several
notable exceptions, remained timid in asserting their
authority.  Moreover, judges generally feel uncomfortable with
the idea of having the duty and responsibility to declare
actions taken by the executive branch and regional authorities
as unconstitutional.
In August Sergey Kovalev, the Human Rights Commissioner, (a
position provided for in the Constitution), published a highly
critical report on the human rights situation in 1993, noting
that law enforcement officials reportedly beat and physically
abused detainees; military officers failed to discipline those
who engaged in "dedovshchina," the violent hazing of
conscripts, which led to numerous deaths and injuries; and
prison officials appeared unable to correct life-threatening
situations in pretrial detention centers.
Claiming the need to prevent Chechnya's secession from Russia,
Russian troops crossed into the Russian Federation's Republic
of Chechnya on December 11.  Beginning in late December
following major Chechen resistance, there was massive aerial
and artillery bombardment of Chechnya's capital, Groznyy,
resulting in a heavy loss of civilian life and hundreds of
thousands of internally displaced persons.  These actions were
in conflict with a number of Russia's international obligations,
including those concerning the protection of civilian
noncombatants and notification of troop movements.  In late
December, Human Rights Commissioner Kovalev accused Russian
troops of violating human rights on a "massive scale" in
Chechnya.  The international community and human rights
nongovernmental organizations (NGO's) called upon both parties
to respect international humanitarian law and the human rights
of noncombatant civilians.
Although freedom of speech and press is widely respected, there
were physical attacks on journalists by unknown persons and at
least one killing.  Journalists reporting on the conflict in
Chechnya were harassed and threatened.  Other human rights
abuses include official and societal discrimination against
people from the Caucasus, some continuing societal
discrimination against Jews, violence against women, lack of
attention to the welfare of children and the handicapped, and
bureaucratic obstacles to the development of independent labor
unions.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no known political killings by agents of the
Government, but the line between politically motivated killings
and criminal activities has become difficult to distinguish.
Dmitriy Kholodov, an investigative reporter for the newspaper
Moskovskiy Komsomolets who was to testify in the State Duma on
corruption in the Russian army in East Germany, was killed on
October 17 when he opened a package allegedly containing
documents on the army's illegal arms sales.  Many journalists
charge complicity in the killing by high-level Defense Ministry
officials (see Section 2.a.).
Law enforcement authorities have been unable to stem an upsurge
in contract killings and extortions aimed at Russian businessmen
(especially bankers).  These criminal activities are in part a
result of the ongoing struggle for commercial and financial
markets in which there is deep Mafia (and sometimes Mafia and
government) involvement.  On December 2, elements of the
President's Security Service staged a raid on the headquarters
of "Most" bank in central Moscow, injuring several bank
security guards.  While results of the Government's inquiry
into this incident were pending at year's end, businessmen
expressed concern about the authorities' inability to provide
protection and stability and to curb Mafia intimidation.
The violent hazing and cruel treatment of new recruits by
soldiers [dedovshchina] continued to cause a number of deaths
which the Committee of Soldiers' Mothers, a human rights group,
asserts have been covered up by military authorities as
suicides or accidental deaths (see Section 1.c.).
At year's end, Russian military forces attacking the city of
Groznyy, the capital of the breakaway Russian Republic of
Chechnya, utilized disproportionate force and inflicted heavy
civilian casualties.  (See Section 1.g. for a fuller
description of violations of humanitarian law regarding
internal conflicts.)
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Article 20 of the Constitution specifically prohibits torture
and other cruel, inhuman, or degrading treatment or
punishment.  A series of laws passed since 1991 establish
internationally accepted standards for the treatment of persons
suspected of crimes.
Practices and conditions worsened in the prison system
(including both pretrial detention centers and prison camps)
because of overcrowding and the failure to expand capacity, the
Government's lack of sufficient funds for the care and feeding
of inmates, inadequate supervision by law enforcement and
correctional facility personnel, and the lack of individual or
institutional accountability for violations.  The lack of
funding has also resulted in many prison personnel not being
paid, exacerbating prison conditions, particularly in rural
areas.  The Government is considering transferring
responsibility for administration of the prison system from the
MVD to the Ministry of Justice.  The Duma has created a
committee to investigate abuses in prisons, including those
that occur during pretrial detention.
Overcrowding is becoming severe.  A Moscow prison built with a
capacity for 8,500 inmates now houses well over 17,000 and is
still considered better than most prisons in the regions.  Many
prisons were built in the 1930's and have never been
renovated.  According to Russian and international human rights
groups, many are unfit for human habitation as a result of
deterioration and lack of sanitation systems adequate for the
number of prisoners housed.
Observers claim that some prisons have stopped feeding prisoners
for months at a time, relying on inmates' friends and relatives
to bring in rations which are shared among all inmates.
According to the Society for the Guardianship of Penitentiary
Institutions, the lack of funding has also led to a crisis in
which inmates receive medical care and medications only when
they are suffering from a life-threatening condition.
Prisoners with infectious diseases are sometimes not separated
from more healthy inmates, and tuberculosis is widespread.
Conditions in Russian pretrial detention centers are
particularly bleak.  One such facility in Moscow, Butyrskiy
prison, was originally built in the 18th century.  MVD
personnel have publicly warned that overcrowding and inhuman
conditions undermine the Ministry's ability to guarantee
security in such institutions.  In some cases, detainees lack
even the room to sit down, must stand shoulder to shoulder, and
sleep in two or three shifts.  Many detainees suffer from
infectious diseases.  Many of the most severe reported cases of
beatings occur in pretrial detention centers where officials
resort to extreme measures to punish minor infractions of the
rules as a means to ensure discipline and guarantee their own
personal safety.
Detainees in pretrial detention centers face much worse
conditions than convicted criminals in prison camps.  Moreover,
although existing law allows authorities to hold suspects up to
18 months in investigative detention, in practice, thousands
are held for much longer periods.  In some cases, the time a
detainee serves in pretrial detention is as long as the term he
would have served in prison if found guilty.  Given these
circumstances, some detainees choose to confess to crimes they
did not commit in order to escape the harsh conditions of
pretrial detention centers.
There are widespread, credible reports of beatings by law
enforcement officials during arrest and by prison personnel
during detention and incarceration.  Pressure on law
enforcement officials from the central Government, local
government, and society to deal with the rapidly increasing
crime rate in Russia has led officials to overlook heavyhanded
practices during arrest and incarceration.  Russian human
rights monitors claim that law enforcement officials are
rewarded for bringing cases to quick closure and thus routinely
deny suspects their right to an attorney and beat and
intimidate them during questioning to extract a quick
confession to a crime.  Autopsies are rarely performed to
determine the cause of prison deaths.
The Moscow Center for Prison Reform has spoken with prisoners
who have witnessed abuse and rape of female detainees, but rape
and abuse victims seldom register official complaints.
Police, labor camp, and prison officials harass and abuse
persons on the basis of sexual orientation.  Gay men are
particularly targeted for abuse in prisons and labor camps.
The Society for the Guardianship of Penitentiary Institutions
claims there are approximately 1,000 gay men in Moscow pretrial
detention centers who have not been formally charged with
crimes.  The Society also alleges that gay men are subjected to
sexual and nonsexual physical abuse on the part of fellow
inmates and prison officials and are routinely given low
priority in access to services such as medical care.
While the law does not criminalize lesbian relations, it is
widely regarded as a form of mental illness, and police
frequently place lesbians against their will into psychiatric
hospitals after receiving requests from family members or
friends to commit the "patient" to an institution for
treatment.  The Moscow Society for Lesbians, Literature, and
Art alleges that medical textbooks in Russia still include
materials on clinical treatments for homosexuality as a mental
illness.  In psychiatric hospitals, chemical treatments are
prescribed, and lesbians are sometimes beaten if they refuse
treatment, according to the Society which claims the only way
to be discharged is to renounce their sexual orientation.  (See
Section 1.e. for a discussion of gay men who continue to be
imprisoned even though the sodomy laws were repealed in 1993.)
Officers of the armed forces continue to permit, even encourage,
dedovshchina, the violent and cruel hazing of young recruits
which, at best, involves forcing recruits to perform menial
tasks, often outside official duties, and, at worst, leads to
beatings, murder, and suicide.  The national military leadership
made no moves to implement training and education programs
systematically to combat dedovshchina, nor has the concept of a
military police force advanced much past the discussion phase.
The Committee of Soldiers' Mothers in Moscow and other human
rights groups note with grave concern that dedovshchina--viewed
during the Soviet era as a rite of passage--remains a key form
of discipline for some military officers.  Widespread publicity
and human rights groups' efforts to eliminate dedovshchina have
been successful in individual cases and are very much dependent
on local commanders.  Without effective leadership training and
a viable noncommissioned officer corps, dedovshchina can be
expected to persist.  Given current financial difficulties,
unit officers are often too preoccupied maintaining barely
adequate living conditions (or taking second jobs to make ends
meet) to devote much attention to their troops.  The Committee
claims that the military often covers up deaths due to
dedovshchina as suicides or accidental deaths.  During the
first half of 1994, according to a July report by Ministry of
Defense officials to the Russian legislature, 518 deaths were
recorded in the armed forces, including 74 officers.  Of these,
57 percent were due to "violations of safety regulations";
5 percent to "barracks violence"; 8 percent to "premeditated
murder"; and 25 percent were determined to be suicides.
In addition, the military leadership has yet to address the
worsening problems of dangerous sanitary conditions, poor food
rations, and the use of conscript labor for personal or private
gain.  There is credible evidence that inhumane care and
treatment of soldiers, including lack of suitable housing or
shelter, poor nutrition, and unsanitary conditions have
resulted in outbreaks of disease, notably hepatitis and
dysentery.
Officers have subjected soldiers to inhuman and cruel
punishment.  Acting Prosecutor General Aleksey Ilyushenko
described to the press in September one incident in which the
commander of the Northern Fleet cruiser "Admiral Gorshkov"
punished violators of discipline by locking them into a metal
pit, some for as long as 370 days.  Seven sailors, who had been
incarcerated in a room measuring 4 square meters, were killed
when a steam pipe burst in February.  This makeshift brig was
not monitored, and no one else on the ship was aware of the
accident until it was too late to rescue those confined.
There have also been allegations of forced labor in the armed
forces inuring to the private gain of corrupt senior officers.
Young conscripts appear to be often used as forced labor by
senior officers on personal building and construction
projects.  Moreover, the Committee of Soldiers' Mothers claims
to have assisted several families whose sons were sold into
servitude during their military service.  In one case, Mikhail
Fedotov, a Russian soldier serving in the Russian army in
Uzbekistan, was allegedly "sold" by a superior officer to local
Uzbek inhabitants and forced to work from December 1992 to
April 1993, after which he was hospitalized for psychiatric
reasons.
     d.  Arbitrary Arrest, Detention, or Exile
Article 22 of the Constitution states that arrest, taking into
custody, and detention of persons suspected of crimes are
permitted only by judicial decision.  Criminal suspects must be
arraigned before a judge within 48 hours of their arrest.
Detainees have the right to have an attorney present during
questioning following arrest and throughout proceedings up to
and including arraignment.  Detainees have the right to request
a court evaluation of the legality of detention.  If the court
finds the detention illegal, the judge has the power to order
immediate release.
Nevertheless, police make arrests without judicial warrants and
detain persons without judicial permission beyond the 48-hour
time period.  In September a member of the President's legal
advisory board estimated that several thousand people had been
arrested illegally over the previous 2 years, that one out of
every three persons arrested was denied the right to legal
services, and that 70 percent of detainees were held for terms
three to five times longer than necessary while awaiting
sentencing.  To strengthen the law enforcement authorities'
ability to combat organized crime, President Yeltsin issued two
decrees in June, giving them power to detain suspects without
charges and without access to a lawyer for 30 days, and to
conduct warrantless searches and seizures.  Law enforcement
authorities are credibly reported to rely on these decrees to
avoid abiding by relevant constitutional provisions.
The present judicial and criminal investigative systems lack
the resources to deal with the continuously increasing number
of cases.  According to the Society for the Guardianship of
Penitentiary Institutions, due to the Government's inability to
implement a functioning system of release on bail, by the end
of 1994 authorities held a total of 250,000 people in pretrial
detention centers.  This amounted to 25 to 30 percent of the
total prison system's population.
The constitutional right to judicial review of detention within
48 hours of arrest is frequently ignored.  Russian human rights
monitors have documented evidence from interviews with
detainees that the few who are aware of their rights and
complain of violations are subjected to beatings.
Nevertheless, about one in six cases of arrest is now appealed
to the courts, and judges release one in six of these on
grounds of insufficient evidence or breach of procedure.
The Constitution provides for legal assistance for the
indigent, but in practice the indigent receive little
assistance.  Local governments lack sufficient funds to pay for
trial attorneys representing the indigent.
     e.  Denial of Fair Public Trial
In the last 3 years, the Government made substantial efforts to
reform the criminal justice system and judicial institutions.
Despite these efforts, judges are only now beginning to throw
off the Soviet legacy to assert their constitutionally mandated
independence from other branches of government.
The courts of general jurisdiction, or civil courts, are
undifferentiated as to function and consider criminal, civil,
and juvenile cases, although a separate court system dealing
with commercial cases exists.  Civil courts are organized on
three levels:  district courts, which try the overwhelming
majority of cases; regional courts, which operate at the
provincial level; and a Supreme Court centered in Moscow.  All
may act as a court of first instance, depending on the nature
and seriousness of the crime.
While the Constitution prescribes the separation of powers and
the complete independence of the judiciary, judges in practice
are totally dependent on the Ministry of Justice for court
infrastructure and financial support and on local authorities
for their housing.
Prosecutors, like the courts, are organized into offices at the
district, regional, and federation levels.  They are ultimately
responsible to the Prosecutor General, who is nominated by the
President and confirmed by the Federation Council.  Aleksey
Ilyushenko, twice nominated by the President for the position,
was denied confirmation by Parliament in 1994 but nevertheless
continued to serve in an acting capacity.  Apart from regions
where adversarial jury trials have recently been introduced,
prosecutors remain very influential in the conduct of court
proceedings.  Prosecutors supervise criminal investigations,
which are usually conducted by the MVD.
Criminal cases at the district and regional court levels are
tried by a panel consisting of 1 judge and 2 lay assessors,
or--in the 9 (out of 89) regions where by year's end
adversarial jury trials have been introduced--defendants in
serious criminal cases may elect to have their cases tried by a
jury.  Trials are public except when government secrets are at
issue.  (See Section 2.d. regarding Mirzayanov case.)
Defendants are required to attend their trials unless they have
been accused of a minor crime not punishable by imprisonment.
They may confront witnesses and present evidence.  The court
appoints an attorney for any defendant who needs one.
Although the former Supreme Soviet and the present Parliament,
with active encouragement of the President's staff, enacted
many legal reforms, both the Government of the Russian
Federation and regional governments failed to fund their
implementation adequately.  According to a Ministry of Justice
official, only one-third of the $600,000 (1.5 billion rubles)
promised in 1994 for judicial reforms was allocated, and
inflation turned the rest into "a pile of kopeks."  As a
result, the widespread reintroduction of adversarial juries is
not taking place according to schedule because courts are not
being renovated, judges are not receiving necessary training,
and insufficient funds are available to pay for jurors'
stipends.
There are also a few instances in which laws have been reformed
or changed, but persons previously convicted continue to be
imprisoned.  The Society for the Defense of Convicted
Businessmen and Economic Freedoms is aware of a number of
prisoners incarcerated for economic crimes, although the number
in 1994 is much less than in 1993, when there were tens of
thousands of such people.  The Criminal Codes are still in the
process of being revised, but already such crimes as
bribe-taking, currency speculation, and embezzlement carry
penalties far less strict than the severe consequences,
including the death penalty, in effect until 1991.
The Society for the Guardianship of Penitentiary Institutions,
which compiles relatively reliable statistics, believes there
are few, if any, persons still imprisoned for sodomy since the
repeal of the sodomy law in 1993 and the enactment of Article
54 of the Russian Constitution which states in part "if
liability for an offense has been lifted or mitigated after its
perpetration, the new law shall apply."  Nevertheless, the
Society added that many homosexuals were imprisoned for crimes
other than or in addition to sodomy and, therefore, were not
released when the law was repealed (though their prison terms
may have been reduced, as permitted under Article 54.)
In the 80 regions where juries have not yet been introduced,
criminal procedures are still weighted heavily in favor of the
prosecution.  For example, the constitutionally mandated
presumption of innocence is often disregarded, and defendants
are expected to prove their innocence rather than prosecutors
proving guilt.  Moreover, rates of conviction remain above 99
percent, as opposed to the 16-percent acquittal rate among
juries.  Judges--fearing that an outright acquittal will result
in a prosecutorial appeal--frequently send cases back to the
prosecutor for "additional investigation."  This greatly
increases defendants' time spent in pretrial detention.
The right to an attorney during pretrial questioning is often
overlooked.  Many defendants refute testimony given in pretrial
questioning, stating that they were denied access to an
attorney, or that they were threatened or beaten and only said
what they thought the authorities wanted to hear (up to a full
confession) so that the abuse would stop.  Nevertheless,
Russian human rights monitors have documented cases in which
convictions were obtained on the basis of the original, illegal
testimony (after the defendant refuted that testimony in
court), and even in the absence of other proof of guilt.
Criminal defendants, and prosecutors in nonjury trials, have
the right of appeal.  In practice, however, superior courts
lack the authority to overturn decisions of a lower court and
may only mandate that the case be retried.  The lower court can
retry the case on the same evidence, reach the same decision,
and--since there is no legal limit to the number of
appeals--the dissatisfied party can appeal again.  The system,
however, is heavily weighted against appeals because (1) the
prosecution and the courts have a vested interest in clearing
the backlog of cases, and (2) defendants prefer prisons, where
better conditions prevail, over pretrial detention centers.
(See Section 1.c. for a description of conditions in prisons
and pretrial detention centers.)
In a notable assertion of judicial authority, in what is
believed to be the first time in Russian history, a Russian
court awarded an individual compensation for an arbitrary act
committed against him by the State.  In March charges of
revealing state secrets were dismissed against Vil Mirzayanov
who had passed information to the Western press concerning
Russian violations of international chemical weapons
conventions.  In June a court heard Mirzayanov's suit for
damages against the Russian Government and ordered the
prosecutor's office and Mirzayanov's former employer to pay him
about $15,000 (30 million rubles) in damages because of
malicious prosecution.
This victory was short-lived, however, as a Moscow city court
in July overturned the decision to award damages.  After more
legal maneuvering between the two courts with jurisdiction over
the case, the Moscow Chief Prosecutor, according to Mirzayanov,
refused to hear the case again on appeal, citing, inter alia,
technicalities such as the lack of a readily identifiable
defendant in the case.  In October the research institute which
formerly employed Mirzayanov sued him for 33 million rubles
(about $11,000 at the October rate of exchange) in damages,
accusing him again of fabricating information.  Mirzayanov
expects the court to try the case in January 1995.  (See
RUSSIA2
gTITLE:  RUSSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 2.d. regarding Mirzayanov's desire to travel abroad.)
The case concerning Semyon Livshits demonstrates continuing
problems.  Livshits, a naval officer, was arrested on April 23,
1990, after applying for an exit visa for Israel.  Initially,
he was accused of conspiring with Mossad, the Israeli
intelligence service, to turn the submarine on which he was
serving over to the Israeli Government.  These charges were
later dropped.  He was also accused of group rape and robbery,
for which he was tried, convicted, and given a 10-year sentence
by a Vladivostok military court.  In October 1992, the Supreme
Court struck the sentence, finding insufficient evidence and
violations of judicial procedure.  From March 1993 to April
1994, Livshits was retried by a Vladivostok court, which again
found him guilty and resentenced him to 10 years in prison.
Livshits plans to reappeal his case to the Military Collegium
of the Supreme Court.  By year's end, defense attorneys had
presented all required documents for the appeal to the court in
Vladivostok, which in turn was preparing the final documents to
be sent to Moscow.
The Constitution provides for a Constitutional Court, and
Parliament adopted a law establishing one.  But by year's end,
the Federation Council failed to confirm all the President's
nominees, leaving one vacancy on a consequently inoperative
Court.
There were no known political prisoners.  In exercise of its
constitutional prerogative, the State Duma declared an amnesty
for all those detained by law enforcement authorities in the
aftermath of the October 1993 crisis, including Ruslan
Khasbulatov, Chairman of the former Supreme Soviet, and
Alexander Rutskoy, former Vice President.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Article 25 of the Constitution states that the right to privacy
in the home may be violated only on the basis of a court
decision or in accordance with federal laws.  In practice, law
enforcement organs and internal security forces fail to do this
and continue to observe the Soviet-era requirement of informing
the prosecutor's office of intent to enter private premises.
Article 23 of the Constitution provides for privacy of
correspondence and electronic communications, except in cases
in which a judge issues a warrant.  Many Russians believe
electronic monitoring of residences and telephone conversations
continues, even if at reduced levels in comparison to the
Soviet era.
Refugee organizations claim that law enforcement officials
routinely use informer networks to track the whereabouts of
persons from the Caucasus, whether resident in Russia legally
or illegally.  General societal discrimination against people
from the Caucasus area and reports of harassment against these
people by law enforcement officials lend credence to such
assertions.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The Russian Federation's Republic of Chechnya in the northern
Caucasus declared itself independent from the Russian
Federation in 1991.  In the summer, the Russian Government
intensified its charges against the government of secessionist
President Dzhokar Dudayev, accusing it of repressing political
dissent, of corruption, and of involvement in international
criminal activities.  Meanwhile, several armed opposition
groups financially and militarily supported by Russian
government entities sought to overthrow President Dudayev.  In
August they bombed a telephone station and the Moscow-Baku
railroad line.  The Dudayev government blamed the acts on the
political opposition and introduced a state of emergency,
followed in September by martial law.  Restrictions included a
curfew, limits on exit and entry procedures, and restrictions
on travel by road in some areas.  The opposition launched a
major offensive on November 26 with the covert support of
"volunteers" from several elite regular Russian army units.
The operation failed to unseat Dudayev.
By December, Russian military forces were actively working to
overthrow the Dudayev regime.  Russian military aircraft bombed
both military and civilian targets in Groznyy, the capital of
the republic.  Russian military officials initially denied any
official involvement in the conflict.  Regular army and MVD
troops crossed the border into Chechnya on December 10 to
surround Groznyy.  Air strikes continued through the month of
December and into January, causing extensive damage and heavy
civilian casualties.  Beyond the large number of civilians
injured and killed, most residential and public buildings in
Groznyy, including hospitals and an orphanage, were destroyed.
These actions were denounced as major human rights violations
by Sergey Kovalev, President Yeltsin's Human Rights
Commissioner, and by human rights NGO's.  The United Nations
High Commissioner for Human Rights, Jose Ayala Lasso,
reiterated his profound preoccupation at the reports of
violations of human rights and humanitarian law in Chechnya,
characterized by a large number of civilian victims.  The
Russian Government announced on December 28 that Russian ground
forces had begun an operation to "liberate" Groznyy one
district at a time and disarm the "illegal armed groupings."
Dudayev supporters vowed to continue resisting and to switch to
guerrilla warfare.  (See Section 2.a. for a description of the
harassment of journalists reporting on the conflict in
Chechnya.)
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
During 1994 freedom of speech and press was generally
respected.  The print media, most of which are independent of
the Russian Federation Government and many of which are
privately owned, functioned largely unhindered and represented
a wide range of opinions.
The Russian Government has placed intermittent restrictions on
Russian and foreign press covering the war in Chechnya,
claiming the need to protect military secrets and to ensure
journalists' safety.  Duma deputy and Human Rights Ombudsman
Kovalev, who was in Groznyy for most of the war, reported that
the Russian Government has "continually hindered the activity
of correspondents in the war zone... and force has been used to
interfere with reporters (including) instances of mistreatment,
death threats, and confiscation of material."  He also alluded
to government pressure on the Moscow press, including threats
to dismiss state television chief Oleg Poptsov for airing news
broadcasts critical of the Chechnya operation.
The press law requires that mass media publications be licensed
by the State Committee for the Press.  Its former chairman,
Boris Mironov, who favored tight regulation of the media, was
dismissed by the President in September for allegedly asserting
he was a Fascist.  His successor, Sergey Gryzunov, announced in
December the closure of the newspaper Al-Kods (an anti-Zionist
Palestinian publication generally critical of Palestine
Liberation Organization leader Yasser Arafat) because of
noncompliance with a provision of the press law barring
non-Russian citizens from founding newspapers.  Gryzunov also
stated he would issue official warnings and begin legal
proceedings against about 100 newspapers he considered to be
Fascist or inciteful of ethnic and racial enmity.
Regional political authorities resorted to various devices to
close down critical newspapers.  The Glasnost Defense Fund,
which monitors press freedom throughout the former Soviet
Union, recorded dozens of such incidents.  Perhaps the best
known case occurred in early 1994 when Governor Nazdratenko of
Primorskiy Kray (Vladivostok) fired the mayor of Vladivostok
and closed down two newspapers which had criticized the
governor's actions.  A radio reporter was also fired and then
beaten by unknown attackers in September after criticizing the
administration.
Regional political authorities also cited unpaid printing bills
or other debts as a pretext for closing newspapers that were
too critical.  Many media organizations are liable to pressure
by such authorities because they occupy city-owned premises or
receive subsidies.  In towns dominated by a single industrial
enterprise, the leaders of that enterprise have sufficient
power to suppress investigative reporting and discussion of
embarrassing topics, such as environmental pollution or
privatization schemes benefiting management.
Organized crime is increasingly able to exert pressure on the
media either because of the dire financial straits in which
most newspapers find themselves or because of the corruptibility
of underpaid journalists willing to write articles favorable to
particular companies, products, or individuals.  In addition,
opponents of the Government and journalists have alleged
involvement by military officials in the murder of an
investigative reporter.  On October 13, one of Moskovskiy
Komsomolets' journalists, Dmitriy Kholodov, was notified by
telephone by one of his contacts that a package of very
important documents on illegal arms sales by the Russian army
was waiting to be picked up at the Kazanskiy train station.  He
retrieved the package and, when he opened it in the newspaper
building, it exploded, killing him.  Known for investigative
pieces on corruption in the military and intelligence agencies,
he was scheduled to testify in the State Duma on alleged
corruption in the Western Group of Forces, formerly stationed
in East Germany.  Since Kholodov's death, some journalists
covering corruption in the military claim to have received
anonymous threatening telephone calls.
In September a well-known television journalist and two
executives of St. Petersburg's Channel 5 television network
were beaten and robbed in a 1-week period.  The attacks are
widely considered to have had political motives, although the
attackers remain unknown.
Broadcasters have a weaker legal basis for freedom in broadcast
programming and are potentially subject to much greater
government control due to the Government's monopoly of
transmission facilities and the expense involved in
establishing and maintaining independent stations.  However,
stations such as NTV, a privately financed Moscow television
station, TV6, and other smaller private stations are beginning
to provide competition to state broadcasting in Moscow and
other large urban centers.
Television studios at the regional level, formerly part of the
central broadcasting system during the Soviet era, now operate
more or less independently.  They function as affiliates,
opting to use programs from state-owned sources and producing
local news programming independently.  Local authorities
sometimes subject these affiliates to pressure.  All
broadcasters and cable networks, both public and private, use
foreign broadcast material.
In connection with the Russian military action in Chechnya in
December, both Russian and foreign journalists reported
efforts, including harassment and threats of force, by Russian
officials and military personnel to prevent journalists from
entering certain areas or to influence their reporting.
Although formal censorship procedures were not established, nor
was access to areas of conflict categorically forbidden, the
Russian Government did not repudiate such efforts by individual
elements within the military and the Interior Ministry to
control or suppress media coverage of events in Chechnya.
The breadth of academic freedom in Russia continues to expand.
Virtually all institutions of higher learning, from universities
to research institutes, enjoy increased autonomy.  While many
university rectors and department heads are still appointed by
the Ministry of Education, a growing number of senior university
administrators are now selected by secret ballot in free and
open elections.  Curriculums and textbooks are continuously
being revised and updated, and many institutions have developed
relations with Western counterparts.  The entrenched academic
nomenklatura (privileged bureaucracy) nonetheless continues to
exert influence through its control of some resources and
privileges.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the Government generally respects these
freedoms.
Organizers of demonstrations must apply for permission to local
authorities between 15 and 10 days in advance, and officials
must respond at least 5 days before the scheduled event.
Participants in unauthorized demonstrations are subject to
civil and criminal penalties, including fines, 15-day jail
sentences, and stiffer punishment.  In December Moscow police
briefly detained members of the human rights organization
Memorial for holding an unauthorized protest in front of the
Presidential Administration building against the bloodshed in
Chechnya.  The authorities routinely issued permits for
demonstrations throughout Russia in October to mark the first
anniversary of the violent confrontation between forces loyal
to President Yeltsin and members of the former Supreme Soviet
(legislature).  In 1994 there were many public demonstrations,
few of which were marred by violence.
All public associations must register their bylaws and the
names of their officers with the Ministry of Justice.
Political parties must also present 5,000 signatures and pay a
fee to register.  There are now over 300 social and political
organizations, and the authorities are not known to have
refused arbitrarily to register any organization.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this freedom.
The Russian Orthodox Church continues to gain influence
throughout society, including within the Government.  The head
of the Church, Patriarch Aleksiy II, has asserted the Church's
belief in complete religious freedom but has been reluctant to
condemn openly anti-Semitic pronouncements by Metropolitan
Ioann of St. Petersburg.
Bureaucratic obstacles to complete religious freedom still
exist because the 1990 Soviet law on religion requires
religious groups of 10 or more persons to register with local
authorities.  Some groups view the requirement itself as
contradicting their beliefs and refuse to register.  Failure to
register precludes organizations from the right to establish
schools, own property, or engage in social work.  The
registration process is open to bureaucratic obstructionism,
such as lost or delayed applications or denial of adequate
facilities.  In Vladivostok, city authorities tried to block
the registration of a Roman Catholic parish, reportedly after
pressure from local Orthodox clergy.
In Krasnodar, after the son of a Pentecostal minister was
murdered, the local authorities claimed a church member killed
him and shut the church down.  There were credible reports that
Russian Orthodox believers prevented Pentecostals and other
evangelical groups from meeting.  (See Section 5 for a
discussion of religious discrimination.)
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Citizens are generally free to travel within Russia.  All
adults are issued internal passports which they must carry
while traveling and use to register with local authorities
visits of more than 3 days.  Travelers not staying in hotels
usually ignore this requirement.
The right to choose one's place of residence freely, although
provided in Article 27 of the Constitution, is still restricted
in practice.  Under the "propiska" system, all citizens must
obtain a residence permit.  A law passed in July 1993 attempted
to change the character of the system from one in which the
authorities grant permission for a citizen to reside in a given
location to one in which the citizen simply registers to inform
the authorities of his place of residence.  The law came into
force on October 1, 1993, but has not been implemented.  The
authorities of larger cities enforce the existing propiska
system selectively, often targeting those who are not Russian,
primarily persons from the Caucasus and Central Asia.  In a few
cases, individuals have appealed propiska refusals in court and
won, but such instances are rare.  Human rights monitors cite
these cases as the absurd lengths to which citizens must go to
enforce observance of basic constitutional rights.
Some officials have called for abolition of the propiska system,
stating that it is unconstitutional.  However, officials in
major cities, especially Moscow, staunchly defend the system,
predicting widespread crime and homelessness if it were abolished.  Citing this as justification, Moscow city
authorities on July 1 imposed a system under which nonresidents
must pay a daily fee to visit the capital.  Furthermore,
Russian citizens from within the Russian Federation who wish to
change their residence to Moscow must pay a fee equal to 500
times the monthly minimum wage to purchase a permit, while
persons from the countries of the Commonwealth of Independent
States must pay 1,000 times the monthly minimum wage and those
from all other countries must pay 1,500 times the monthly
minimum wage.  The authorities also enforce this system
selectively, especially harassing persons from the Caucasus and
Central Asia.
Russian citizens also have the constitutional right to
emigrate.  Under the May 1991 Soviet law on emigration and
foreign travel, which officially came into force on January 1,
1993, exit permits and formal invitations from abroad are no
longer required of travelers who are not emigrating.  Emigrants
need only show an invitation from any relative abroad or
permission to enter the country to which they are immigrating.
The law, however, continues to restrict the emigration of
persons with access to state secrets.  Special travel
regulations apply to some Russian scientists wishing to travel
abroad temporarily.
An interagency government commission reviews individual
passport applications denied on secrecy grounds.  Persons have
the right to present their case and to call expert witnesses to
challenge the continued secrecy of the information in
question.  Since the commission began reviewing cases in June
1993, the overwhelming majority of passport denials on grounds
of secrecy have been overturned.  The most famous case of a
refusal of a passport for foreign travel, that of Vil
Mirzayanov, a Russian scientist incarcerated several times for
revealing to a U.S. journalist that Russia continued to violate
international agreements on chemical weapons production, was
overturned by the commission on August 31.
The 1991 law also retains the requirement that those intending
to emigrate obtain permission from close relatives in Russia to
leave the country.  If unable to obtain this permission, the
intending emigrant may pursue a resolution of the problem in
the courts.  In 1994 Russian courts for the first time began to
accept such cases for review.  At least two such cases were
resolved in favor of the intending emigrant.
Before the events of December in Chechnya, estimates of the
number of refugees and forced migrants in Russia differed
widely, with some stating a total of 3.5 million.  Forced
migrants or resettlers are generally persons with Russian
citizenship who lived permanently in other states of the former
Soviet Union and fled due to economic hardship or
discriminatory laws.  There are three categories of refugees in
Russia:  (1) ethnic Russians fleeing conflict areas, such as
Tajikistan, who are considered refugees by the Russian
Government and in some cases under the internationally accepted
definition of refugee; (2) nonethnic Russians, such as
Armenians and Azerbaijanis of mixed marriages, who would face
persecution in either Armenia or Azerbaijan and who might be
eligible for refugee status; (3) third-country refugees, mainly
Somalis, Afghans, Iraqis, and Kurds, who could not safely
return home.  The U.N. High Commissioner for Refugees estimates
there to be about 50,000 people in this third category.
Many forced migrants resettled to rural areas complain that
housing is inadequate, job opportunities are scarce, and they
are unprepared to work in agriculture.  Many areas have refused
to accept refugees resettled by the Federal Migration Service
(FMS).  Human rights monitors allege that the FMS also places
unnecessary bureaucratic obstacles in the way of processing
applications of persons from the states of the former Soviet
Union and sometimes expels newly arrived refugees, who may have
valid claims to refugee status, across Russia's southern
borders.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Pursuant to the Constitution, the Russian people have the right
to change their government at both the federation and regional
levels, although this right under the provisions of the 1993
Constitution has not yet been tested in practice.  In December
1993, concurrent with voting on the constitutional referendum,
voters elected representatives to the Federal Assembly in
national parliamentary elections.  This body consists of a
450-seat lower house, the State Duma, and an upper house, or
Federation Council, comprising two representatives from each of
the federation's 89 constituent regions.  (The breakaway
Republic of Chechnya refused to participate in the elections.)
The next parliamentary and presidential elections at the
federation level are scheduled to take place in late 1995 and
1996, respectively, although many prominent politicians have
called for their postponement.
President Yeltsin was democratically elected to an exceptional
5-year term in 1991.  After he prorogued the Supreme Soviet in
October 1993, he emerged in a stronger position politically
vis-a-vis the legislature.  In order to avoid legislative
delays in the Federal Assembly and to overcome political
opposition in Parliament to bills proposed by the Government,
the President makes heavy use of his constitutional power to
issue decrees.  Although presidential decrees may not
contradict the Constitution or the Federal Assembly's statutes,
the constitutionality of many decrees is openly questioned in
the Government and the press.  With the Constitutional Court
not yet in operation, there is no entity which may definitively
determine the constitutionality (and hence the validity) of
either presidential decrees or legislation of the Federal
Assembly.
In contrast to national political institutions, most executive
branch leaders at the regional level have yet to be elected by
voters.  For example, almost all sitting regional governors
were appointed by the President and have not yet stood for
popular election, although, by contrast, almost all heads of
ethnically based republics within the Russian Federation have
been properly elected.  Most regional legislatures, disbanded
by presidential decree in 1993, had been reactivated by year's
The Constitution provides for equal rights and freedoms for men
and women, but women do not occupy many leading positions in
politics and government.  However, the Women of Russia bloc
received around 8 percent of the seats in the State Duma
through proportional balloting.  Women hold 8 of the 170 seats
in the Federation Council and 59 of 450 seats in the State
Duma.  Although members of Russia's ethnic and religious
minorities face no legal limitations on political
participation, some ethnic and religious minorities face
societal discrimination that makes it difficult for their
members to be elected.  Most major ethnic and religious groups,
however, do have some representation in Parliament.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Numerous local human rights groups were active during the year,
including the Moscow Helsinki Group, Memorial, the Center for
Human Rights Research, and the Union of Councils.  They
investigated and publicly commented on human rights issues,
generally without government interference or restriction.
There was one reported incident in which a human rights group
was denied access to several prisons for the purpose of
conducting inspections, although other groups gained access and
reported extensively on prison conditions.
It is perhaps too early to assess the impact of events in
Chechnya on the effectiveness of human rights organizations in
Russia.  On one hand, several organizations (for example, the
Committee of Soldiers' Mothers, Memorial, Glasnost Defense
Fund) have gotten considerable exposure and recognition both at
home and abroad for their stand against the incursion.  On the
other hand, one official government response to reports of
human rights abuses in the theater of conflict criticized
"biased" political figures and human rights organizations who
fail to see that the situation in Chechnya "has made human
tragedies and losses actually inevitable."
President Yeltsin late in 1993 established a special Commission
on Human Rights headed by Sergey Kovalev, a former dissident
and political prisoner widely respected in human rights
circles.  By the end of June 1994, the Commission had drafted
an unprecedented, highly critical report on human rights
practices in Russia in 1993 which was leaked to the press and
then published in full by an official government newspaper.
While openly critical of his style and many of his policies,
human rights monitors gave the President high marks for
creating Kovalev's Commission.  However, the Government's
dialog with human rights organizations broke down as a result
of the Russian military operation in the Chechen republic.
Activists, including Commissioner Kovalev, charged the
Government with indiscriminate use of force, disseminating
disinformation, and attempting to muzzle critical reporting in
the mass media.
RUSSIA3
=TITLE:  RUSSIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Article 19 of the Constitution prohibits discrimination based
on race, sex, religion, language, social status, or other
circumstances.  Both official and societal discrimination still
exist.
     Women
Although women are entitled to the same legal rights as men, in
practice they are subject to considerable discrimination, both
official and unofficial.  Women are often paid less than men
for equal work and frequently are the first to be laid off as
enterprises reduce staff because of a societal bias in favor of
male employment as the primary income for the family.  While
methodologically reliable statistics are difficult to compile,
the Center for Gender Studies in Moscow has stated that in 1991
women earned on average 75 percent as much as men, while in
1994 that figure had dropped to 40 percent, and unemployment
was three times higher among women than among men.  Men still
disproportionately occupy positions of influence and prestige
in both the Government and the economy.
Although the Government maintains no statistics, there is
considerable anecdotal evidence that violence against women,
including rape and spousal abuse, is both substantial and
growing.  Russian human rights monitors allege that police
often do not take an interest in cases of violence against
women, particularly cases of domestic violence.  Incidents
often go unreported because of the belief that the authorities
will do little about the matter and because of the victim's own
shame.  In the case of spousal abuse, there are no specific
legal provisions against wife beating, and legal recourse such
as bringing charges of assault is unlikely to be successful and
seldom exercised.
Anecdotal evidence also indicates that rape and sexual
exploitation and harassment in the workplace have grown
substantially.  According to the Sexual Assault Recovery
Center, thousands of unrecorded and uninvestigated rapes take
place.  Police reportedly are reluctant to deal with rape
complaints because investigating them is time-consuming, often
unsuccessful, and increases the unsolved crime statistics.  To
prove rape, the victim must have a mass of evidence including
material evidence of resistance and medical records.  Many
doctors are also reportedly uncooperative, fearing
time-consuming mandatory court appearances.
Statistics on crime rates do not disaggregate cases of
trafficking in women, and reliable estimates on the extent of
the problem are not available.  There were few instances of
persons being prosecuted for such activity in 1994.
The "Women of Russia" electoral bloc focused its campaign on
the need for guaranteed health care, education, and social
welfare.
     Children
The Constitution assigns the Government some responsibility for
safeguarding the rights of children.  However, the Government's
efforts to develop an effective social safety net are severely
hampered by its failure to allocate sufficient resources.  In
particular, living conditions in orphanages are deteriorating,
and adoptions by Russian families are declining.  Statistics
from human rights organizations state that about 20 percent of
Russian orphans commit crimes and are sent to prisons as
minors, and 10 percent commit suicide.  There are indications
that orphans and other disadvantaged children are becoming
instruments of organized criminal organizations.
     Indigenous People
The State Committee for the Development of the North, based in
Moscow, is tasked with representing and advocating the
interests of indigenous peoples.  With only a tiny staff, its
influence is limited.  Local committees have been formed in
some areas to study and make recommendations regarding the
preservation of the culture of indigenous people.  Indigenous
leaders criticize these committees as lacking political
influence.
     National/Racial/Ethnic Minorities
Discrimination against people from the Caucasus and Central
Asia increased in the middle of 1994 concurrently with new
measures at both the federal and local levels to combat crime.
With wide public support, law enforcement authorities targeted
dark-complexioned people for harassment, arrest, and
deportation from urban centers.  According to Russian human
rights monitors, some were dragged from automobiles in traffic,
harassed, extorted, and beaten in broad daylight on the
streets.
Human rights groups in Moscow criticized the discriminatory
procedures under which thousands of persons were forced to
leave the capital after the June crime decrees.  However, the
crackdown was generally applauded by Muscovites, who blame much
of the crime in the city on people from the Caucasus and
Central Asia.  Vendors and merchants in Moscow's many markets,
and in city markets throughout Russia, were also targets of
discrimination.  Concentrating on persons who by appearance
seemed to be from the Caucasus or Central Asia, Moscow police
forced many to halt their business, confiscated their wares,
and subjected them to physical abuse.
     Religious Minorities
Muslims comprise about 10 percent of the Russian population,
and there were no reports of official discrimination against
them.  The Russian Government last year facilitated travel on
the hajj to Saudi Arabia.  Between 4,000 and 6,000 Russian
Muslims made the pilgrimage.  There have been tensions between
Muslims and Christians in some areas, particularly Chechnya.
The Government of Russia does not condone anti-Semitism.
During the January 1994 Moscow Summit, President Yeltsin joined
President Clinton in a statement promoting human rights
observance that included specific condemnation of religious
intolerance and prejudice, including anti-Semitism.
Jewish leaders have increased efforts to revive the Russian
Jewish community and have received assistance from both local
and federal authorities in obtaining buildings to reopen
synagogues and Jewish schools.  The Russian "black book" on the
Holocaust, which was sponsored by Stalin and then suppressed,
was published with help from U.S. nongovernmental organizations
and released in September.
Nevertheless, anti-Semitism continues to exist and is
manifested in acts of vandalism and verbal assaults on persons
who appear to be Jewish.  On December 30, 1993, fire destroyed
one of Moscow's three synagogues.  The Jewish community
believes, and authorities suspect, that arson was the cause of
the blaze.  The results of the investigation by year's end were
still inconclusive.  In October a crude explosive or incendiary
device was found in the Moscow Choral Synagogue during an
evening choir rehearsal.  Authorities removed the device, which
caused no injuries or damage.
Popular expression of anti-Semitism is particularly evident in
politics.  Street protestors opposed to President Yeltsin often
refer to him pejoratively as a Jew, and antigovernment graffiti
often contains anti-Semitic imagery.  Subtle suggestions of
Jewish heritage manifested through mispronunciation of
politicians' names or ways they are printed in the press are
used as a means to discredit them.  The number of extreme
nationalist and outright Fascist publications which openly
promote anti-Semitic views and sold publicly is increasing.
The governmental agency responsible for regulating the print
media, the Russian Committee for the Press, in December
announced its intention to take legal action to stop the
publication of some 100 periodicals it considered Fascist.
(See Section 2.a. for a fuller description.)
Certain political and religious circles, led by Metropolitan
Ioann, the Russian Orthodox bishop of St. Petersburg,
disseminate strong anti-Semitic views.  Patriarch Aleksiy II,
the leader of the Russian Orthodox Church, censured
Metropolitan Ioann for his anti-Semitic statements.
Nonetheless, Ioann's followers continue to express such views.
Section 6  Worker Rights
     a.  The Right of Association
Both the 1993 Constitution and the Labor Code provide for the
right of workers to form or join trade unions.  However, the
full exercise of this right is limited in practice.  Labor
unions are required to register with local authorities, which
in the past have used this requirement to discourage or block
the formation of new unions.  However, independent trade unions
have become more effective in countering obstruction by local
authorities.
Until October 1993, the Federation of Independent Trade Unions
of Russia (FNPR), the successor to the Soviet-era All-Union
Central Council of Trade Unions, was the principal obstacle to
the exercise by workers of their right to leave the FNPR and
join new independent unions.  It controlled the social
insurance fund which provides worker benefits, such as
disability and maternity payments, sick leave, and vacations.
Hence, many workers were reluctant to leave the FNPR and openly
join an independent union.
As of October 1993, the Labor Ministry began officially
administering the fund, but FNPR employees continue to manage
the day-to-day operations of local offices.  As a result,
discrimination and the threat of discrimination continue.  A
leading independent labor union allows workers to join without
compelling them to resign from the FNPR.
About 70 percent of Russia's 75 million workers are now members
of labor unions.  The FNPR, which had claimed a membership of
65 million, now admits that its membership has dropped to about
50 million workers.  Independent unions account for
approximately another 3 million workers.
Labor unions are independent of the Government and political
parties.  The FNPR was officially allied with the Civic Union,
but that relationship disintegrated in late 1993 because of the
FNPR's decision to support the opposition to President Yeltsin
during October 1993 and the Civic Union's poor showing in the
December 1993 elections.
Although the Russian Federation Labor Code provides that
workers have the right to strike, it also contains numerous
restrictions that severely limit the exercise of that right.
The Labor Code prohibits strikes for political reasons, strikes
that pose a threat to people's lives or health, and strikes
that might have "severe consequences," interpreted so as to
include the defense industry, communications, civil aviation,
and railroads.  The Labor Code requires a multistage process of
notification and negotiation before a strike is permitted.
Despite these restrictions, strikes are numerous in Russia.
According to the Labor Ministry, there were nearly 400 strikes
in the first 9 months of 1994, compared to 264 strikes in all
of 1993.  Several strikes were declared illegal, including a
nationwide strike of airline pilots.
The Government makes little effort to protect trade union
leaders and strikers from management retribution.  In numerous
instances in 1994, enterprise managers fired workers for their
union activities.  For example, during a strike at the Avtovaz
Automobile Factory, management first tried a lockout and then
unilaterally declared the strike illegal, bringing in police to
end the strike.  Forty workers involved in the strike were
fired for violations of "worker discipline."  The independent
labor union that organized the strike is appealing to senior
government officials and is contemplating court action to
reinstate the fired workers.
Independent labor unions continued to seek redress for labor
law violations from the Russian courts, with increasing rates
of success.  They have established two labor law centers to
help unions and their members enforce their rights in the
courts.
Unions are permitted to form or join federations or
confederations and may participate in international bodies.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is protected by law but is not practiced
widely.  The managements of many enterprises refuse to
negotiate collective bargaining agreements, and many of those
that are concluded are not the product of genuine collective
bargaining because of the close subordinate relationship of the
FNPR to enterprise management and because of management
personnel's membership in the FNPR.  Independent unions,
however, have been aggressive in demanding genuine collective
bargaining, and one of them boasts of concluding 2,000
collective bargaining agreements.
In several sectors of the economy, labor unions, management,
and government representatives in a tripartite commission
negotiate industrywide wages, benefits, and general conditions
of work.  This arrangement reinforces the workers' tendency to
rely on the Government to establish wages and other workplace
conditions.
The Labor Code does not explicitly prohibit antiunion
discrimination by employers although it is implied in several
sections.  Discrimination against one union in preference for
another continues to occur throughout Russian industry.  Under
current law, there is no mechanism for resolving labor
disputes.
Russia has several foreign enterprise zones.  There is no
evidence that worker rights are more restricted in these zones
than elsewhere in the country.
     c.  Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor.  The
Committee of Soldiers' Mothers alleges that some military
conscripts were sold into servitude during their military
service (see Section l.c.).  Government enforcement is
ineffective.
     d.  Minimum Age for Employment of Children
The Labor Code does not permit the regular employment of
children under the age of 16.  In certain cases, children aged
14 and 15 may work in intern or apprenticeship programs.  The
Labor Code regulates the working conditions of children under
the age of 18, including prohibiting dangerous work and
nighttime and overtime work.  However, there is anecdotal
evidence to suggest that the working conditions of children
under 18 violate Labor Code standards.  The responsibility for
the protection of children at work is shared by the Labor
Ministry and the Ministry for Social Protection, but government
enforcement is largely ineffective.
     e.  Acceptable Conditions of Work
The Federal Assembly sets the minimum wage, which applies to
all workers.  The current monthly minimum wage, set in July,
was 20,500 rubles (or about $6 at the December rate of
exchange) and was insufficient to provide a decent living for a
worker and family.  However, very few workers actually receive
the minimum wage.  Its primary purpose is to serve as a
baseline for computing benefits, pensions, and some wage scales
(primarily in civil service positions).
The Labor Code provides for a standard workweek of 40 hours,
which includes at least one 24-hour rest period.  The law
requires premium pay for overtime work or work on holidays.
Russian law establishes minimum conditions of workplace safety
and worker health, but these standards are widely ignored, and
government enforcement of safety and health regulations is
inadequate.  Industrial deaths and accidents continue to rise
dramatically.  The Labor Ministry reported that each day 30
workers die as a result of workplace accidents, while another
50 are injured.
RWANDA1
}r}rTITLE:  RWANDA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                             RWANDA
The coalition Government of Rwanda includes 22 ministers drawn
from 5 political parties.  Nine of the ministers are from the
Rwandan Patriotic Front (RPF), a former exile movement that
took military control of Rwanda in July in the wake of ethnic
genocide and 4 months of renewed civil war.  Approximately half
a million people, most of them ethnic Tutsi, were murdered in
one of the swiftest, large-scale genocides in modern history.
President Pasteur Bizimungu of the majority Hutu ethnic group
and Vice President Paul Kagame of the minority Tutsi ethnic
group are both members of the RPF, a largely Tutsi movement.
Prime Minister Faustin Twagiramungu, an ethnic Hutu named in
the August 1993 Arusha Accord to head a transition Government,
is a member of the Republican Democratic Movement (MDR) party.
Prime Minister Twagiramungu and the Council of Ministers run
the Government on a day-to-day basis.  Vice President Kagame,
who is Minister of Defense, is responsible for security and
military defense.
The Government faces the task of rebuilding a country shattered
by a cycle of assassination, civil war, genocide, and refugee
outflows of massive proportions.  The 1990 invasion by the RPF
inflamed the long-simmering ethnic rivalries between the Hutu
(85 percent) and Tutsi (14 percent) populations.  The Arusha
Accord, signed by both the RPF and the former government headed
by then President Juvenal Habyarimana, was intended to promote
powersharing, ensure integration of the rebel and government
armies, ease ethnic tensions, and lead to democratic elections.
This effort ended with the crash under suspicious circumstances
of President Habyarimana's aircraft on April 6, which also took
the life of Burundi's President, Cyprien Ntaryamira.  The death
of Habyarimana, who had ruled Rwanda since a 1973 military
coup, unleashed a torrent of political and ethnic killings
nationwide.  Hutu extremists formed a self-proclaimed interim
government, and they and their supporters massacred hundreds of
thousands of people, mostly Tutsi civilians and members of the
Hutu opposition.  Political militias affiliated with
Habyarimana's National Revolutionary Movement for Democracy and
Development (MRND) and the allied Coalition for the Defense of
the Republic (CDR) and elements of the (former) Rwandan
military (FAR) carried out the massacres.
The RPF responded with a military offensive that routed the
Hutu army in July, causing the wholesale flight of Hutu
civilians who feared Tutsi reprisals.  The violence uprooted
two-thirds of the population.  In addition to the more than
2 million persons who fled into neighboring Zaire, Tanzania,
and Burundi, as many as 2 million fled their homes to other
parts of the country.
The new Government called for national reconciliation and
sought to promote refugee repatriation as a necessary first
step.  The RPF leadership stressed its commitment to key
provisions of the Arusha Accord, including the sanctity of
property rights and the integration of the FAR and the Rwandan
Patriotic Army (RPA), the RPF's military arm.  The Government
promised to cooperate with the U.N. international tribunal that
was created on November 8 by Resolution 955 to investigate and
prosecute those responsible for genocide, war crimes, and other
serious violations of international humanitarian law committed
in Rwanda and neighboring states.
The Ministries of Territorial Administration and Defense of the
new Government have responsibility for security matters.  With
United Nations assistance, the Government has recruited and
trained civilian police (gendarmes) to provide internal
security.  The RPA nonetheless remains the chief guarantor of
internal security, including control over camps for the
internally displaced and centers for processing returning
refugees, but by year's end it had assumed a lower public
profile.
The economic situation is extremely difficult.  The
overwhelming majority of Rwandans are subsistence farmers.
Their massive dislocation caused disruption of the crop cycle
and led to widespread food shortages in this densely populated
country where prewar food production barely kept pace with
population growth.  Violent conflict damaged much of the
national infrastructure, including utilities, schools, and
hospitals, and killed or drove into exile many educated
Rwandans.  For the foreseeable future, the economy will depend
heavily on foreign humanitarian, economic, and technical
assistance.
The renewal of violence in April set into motion an
unprecedented wave of genocide and other human rights abuses
directed primarily at the ethnic Tutsi minority population and
Hutu opposition.  The self-proclaimed interim extremist Hutu
government and its extremist supporters massacred approximately
half a million civilians and committed innumerable related
human rights abuses, including torture, mutilation, and rape.
In the wake of the Tutsi-led military victory in July,
additional human rights abuses occurred, although on a far
smaller scale.  RPA soldiers and Tutsi civilians committed
random revenge killings and seized, occupied, or destroyed
property owned by (principally Hutu) refugees and displaced
persons.
Many Hutu refugees and displaced persons still fear
repatriation, in part based on intimidation of would be
returnees in refugee camps by Hutu extremists who disseminate
anti-Tutsi hate propaganda and, in part based on fear of
reprisal.  Members of the former self-proclaimed Hutu extremist
interim government and the ex-FAR threaten to rearm and renew
the civil war; a small number of crossborder incursions have
occurred.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killings
President Habyarimana's death on April 6 provoked killings of a
magnitude unprecedented in Rwandan history.  Within a half-hour
of the plane crash, and before any public announcement, Hutu
militiamen and soldiers had constructed roadblocks in Kigali
and commenced targeted killings.  Using preexisting lists of
persons to be executed, members of the 700-man Presidential
Guard and their extremist Hutu civilian supporters unleashed a
systematic campaign of murder and genocide, killing Hutu Prime
Minister Agathe Uwilingiyimana and other ministers, plus
hundreds of Tutsi and Hutu opposition leaders and their
families.  Over the next four months approximately half a
million people, most of them ethnic Tutsi, were murdered in one
of the swiftest, large-scale genocides in modern history.
Foreigners were also targeted and killed.  Troops from the
Presidential Guard executed 10 Belgian soldiers from the United
Nations Armed Mission in Rwanda (UNAMIR) peacekeeping force
responsible for security assistance and implementation of the
Arusha Accord.  The troops also killed two French gendarmes and
their wives.
Some RPF supporters also committed extrajudicial killings.  In
June, 3 RPA soldiers murdered 13 Hutu priests, including the
Archbishop of Kigali, in Kabgayi.  Hutu refugees in Tanzania
reported that RPA troops summarily executed Hutu civilians
following the April RPF conquest of southeastern Rwanda.  There
were also scattered reports that RPA soldiers summarily
executed FAR and Hutu supporters.  During the battle for
Kigali, the widespread killing abated.  Following the RPF
military triumph in July, RPF soldiers and Tutsi civilians
reportedly killed an unknown number of Hutus.  There is no
evidence that the new Government condoned or sanctioned these
acts.  During the civil war, General Paul Kagame--the commander
of the RPA and current Vice President and Minister of
Defense--enforced tight discipline over his troops.  After the
fighting, he visited units in the countryside, exhorting them
to respect applicable laws.  The RPF executed at least
3 soldiers found guilty of atrocities and detained about 100
others.
     b.  Disappearance
There were tens of thousands of disappearances, almost all of
them undocumented.  From April through June, soldiers of the
former army and militia seized civilians in churches, hotels,
and stadiums.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Torture is contrary to the Constitution and Arusha Peace
Accord, which together constitute the fundamental law of the
land.  Perpetrators of the initial surge of violence reportedly
tortured many victims before killing them.  Hutu extremists
disposed of the corpses of thousands of victims in the Kagera
River; many were found mutilated, headless, or with their hands
bound behind their backs.  Some refugees who fled to Burundi,
Tanzania, and Zaire in the days following Habyarimana's death
suffered machete or bullet wounds.  FAR soldiers and militiamen
frequently raped women; there are reports of rape by RPF
soldiers as well.  In postwar operations, RPA soldiers tied the
elbows of prisoners behind their backs in a manner that caused
severe pain and in some instances permanent physical injury.
The International Committee of the Red Cross (ICRC) has regular
access to prisoners, and U.N. officials visited camps where the
Government seeks to integrate into the new national army former
FAR soldiers who surrendered in the war.  Living conditions in
these camps are good.
     d.  Arbitrary Arrest, Detention, or Exile
The law provides legal safeguards for arrested persons, but in
practice they are rarely applied.  In general, the law requires
that authorities investigate, then obtain a judicial warrant
before arresting a suspect.  Although police may detain persons
for up to 48 hours without a warrant, formal charges must be
brought within 5 days of arrest.
The law permits preventive detention only if authorities
believe public safety is threatened, if the accused might flee,
or if the penalty carries a minimum sentence of 6 months.
Courts may prolong detention indefinitely, but judicial review
is mandatory every 30 days.  Detainees may appeal their
incarceration, and a competent judicial authority must hear
this appeal within 24 hours.  These procedures apply to all
persons, and failure to meet any of these requirements
constitutes grounds for release of the arrested person and
dismissal of the case.  There is no bail, but in the past
authorities released suspects on their own recognizance pending
trial.  Incommunicado detention is not practiced.
Security forces of the self-proclaimed interim government
ignored laws covering arrest, detention, and trial in the
explosion of political and ethnic violence in April which
decimated the judicial system (only 40 of 800 magistrates
remained in place following the upheaval).  The ensuing chaos
brought about the collapse of the justice system, making
enforcement of existing laws impossible.  The parallel collapse
of the criminal investigation system further hampered the
application of law, and the breakdown of the court system
created a large backlog of cases that courts cannot try
expeditiously.  In all likelihood, many prisoners will await
trial for very long periods of time.  Illegal detentions in
criminal cases continue to occur.
The new Government supported the work of a Special
Investigations Unit after the creation by the United Nations
Security Council of a special international tribunal to help
the Rwandan Government adjudicate the huge backlog of criminal
cases stemming from human rights atrocities that began in early
1994 and increased following Habyarimana's death.  At year's
end, the international tribunal had not yet commenced
full-scale investigations nor sought the detention of any
person involved in the massacres.
During the renewed military conflict, Hutu militants detained
several thousand Tutsi prisoners in stadiums in Kigali and
Cyangugu without adequate food, clean water, sanitary
facilities or shelter.  Between the July RPF declaration of a
cease-fire and the end of the year, the new Government jailed
more than 12,000 prisoners suspected of war crimes or genocide,
holding 7,400 of them in the Kigali Central Prison and the
remainder in other facilities.  Journalists who visited these
prisoners reported severe overcrowding and harsh, life-
threatening conditions.  Some detainees were reportedly held in
military camps rather than prison facilities.
Officially, exile is not practiced, but in actuality tens of
thousands of Tutsis lived in de facto exile for over 30 years
in neighboring countries during rule by a succession of
Hutu-dominated governments.  As many as 400,000 to 600,000
returned following the RPF victory.  The Arusha Accord
incorporates into law the right of return, and a 1991 law
granted blanket amnesty to refugees and exiles who wished to
repatriate.  Currently, there are more than 2 million Hutu
refugees in neighboring countries.  The Government has publicly
stated that they are free to return and has solicited their
repatriation.  In October the Government signed a tripartite
repatriation accord with the United Nations High Commissioner
for Refugees (UNHCR) and the Government of Zaire.  However,
anti-Tutsi propaganda and extremist Hutu intimidation in the
refugee camps, and reprisal attacks on Hutus by RPF soldiers
and Tutsi civilians inside Rwanda have thus far deterred
large-scale refugee returns, although an increasing number of
refugees had begun to return at year's end under the auspices
of UNHCR.  The Government has not offered amnesty nor pardon
for those suspected of genocide or atrocities.
     e.  Denial of Fair Public Trial
At year's end, the Ministry of Justice had drafted and was
working with foreign donors to fund and implement a plan to
rebuild the judiciary.  However, few trials had yet taken
place.  The pre-April judicial system had separate systems for
criminal/civil cases and military cases.  Decisions could be
appealed to the regional court of appeals.  At the request of
defendants or their counsel, the Cour de Cassation reviewed
civil and criminal cases for errors in procedure or in the
application of the law.  Errors resulted in retrial by another
panel of judges.  Although the Constitution provides defendants
with the right to counsel, many were denied counsel due to the
shortage of lawyers.
The pre-April judicial system was susceptible to government
manipulation in spite of constitutional provisions for an
independent judiciary.  The low educational level of most
judicial officials, budgetary constraints, and the absence of a
body of case law and precedent further eroded the functioning
of the judicial system.  The outbreak of genocide and renewed
civil war following Habyarimana's death led to the total
collapse of the judicial system.
The RPF maintained a system of military justice that operated
outside the structures of constitutional law; during the April
to July military offensive, RPF military tribunals ordered the
execution of at least three RPA soldiers for human rights
abuses against civilians.
There were no reports of political prisoners.  The Government
has stated that supporters of the MRND and CDR parties
currently in detention were arrested for criminal rather than
political offenses.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the respect of privacy of
individuals, correspondence, and communications and declares
that the home is inviolable.  Police generally respected these
provisions before the events of April.  In the 3-month period
that followed, political and military officials of the interim
government abandoned any pretense of respecting privacy laws
and committed wholesale abuses.
There are no reports that the new Government interfered with
these rights, nor does it reportedly engage in surveillance of
political parties, associations, or individuals.  However, Hutu
civilians and displaced persons in the northwest and southwest
complained of abuses by RPA troops searching for weapons and
suspected war criminals.  After capturing Kigali, both RPA
soldiers and civilians committed widespread looting and
vandalism.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
In the 2 weeks following the crash of the airplane carrying
President Habyarimana, killing spread rapidly throughout the
country.  Within a week, the Presidential Guard and militia had
killed an estimated 20,000 people in Kigali and its immediate
environs.  Extremist Hutu radio broadcasts called for Hutus to
exterminate all Tutsis, and politically targeted killing gave
way to general massacre of both Tutsis and those Hutus who
supported the powersharing formulas of the Arusha Accord.
Militiamen from outlying provinces joined extremists from
Kigali in urging Hutu civilians to participate in the
massacres.  Hutus engaged in the mass killing of Tutsis from
Ruhengeri and Gisenyi in the north to Cyangugu in the south.
Among the most egregious events reported were:  instances in
which the Interahamwe Militia assembled and massacred 15,000
Tutsis in a stadium in Gatwaro, Kibuye; the killing of 2,800
persons in a church in Kibungo; of 6,000 Tutsis in a church in
Cyahinde where they had taken refuge; of 4,000 in a church in
Kibeho; of 2,000 in a parish in Mibirizi; of 4,000 in a parish
in Shangi; and 500 Tutsis killed by Interahamwe militia and
gendarmes in a parish in Rukara.
On April 19, a second wave of killing of Tutsis by Hutus began
in the southern city of Butare following the self-proclaimed
interim (post-Habyarimana) government's dismissal of the local
prefect who had until then maintained order in his district.
The massacres included house-to-house sweeps in which Hutu
militants killed entire families, summarily executed Tutsis at
military or militia roadblocks, murdered doctors and priests in
hospitals and churches, and slaughtered civilians who had
sought sanctuary in churches and religious missions.
Assailants used guns, grenades, machetes, hoes, and clubs.
Survivors eventually buried most victims in unmarked, mass
graves, but perpetrators cast thousands of corpses--many of
them severely mutilated--into the Kagera River.  The killers
often stole the property of their victims after killing them.
Although militiamen and soldiers did much of the killing, there
are credible reports that large numbers of civilians also
committed atrocities.
Some implicated in the killings charged that extremists
threatened to kill them and their families unless they joined
in attacks on Tutsi neighbors.  An unknown number of Hutus were
killed for attempting to protect or harbor Tutsis.  Some Hutu
civilians, including women and children, reportedly attacked
Tutsi civilians only after local government authorities ordered
them to do so.
Both former government and RPF supporters committed numerous
individual acts of human rights abuse in addition to the
organized cycle of genocide and revenge killings that swept the
country.  Nonsystematic killings committed by RPF soldiers
constituted a small fraction of the those committed by FAR and
Hutu militia.  Former FAR troops and their civilian auxiliaries
were guilty of widespread looting and rape in virtually all the
major towns.  Advancing RPF soldiers vandalized or dynamited
numerous buildings, including schools, ministries, and private
residences.  Retreating FAR forces booby-trapped buildings.
Both sides indiscriminately deployed thousands of landmines,
killing many civilians.
Both the former FAR and the RPA were guilty of the
indiscriminate mortar and artillery shelling of enemy-held
zones, killing and wounding dozens of noncombatants.  Former
FAR troops allegedly fired mortar shells and killed a number of
refugees sheltered in the Kigali Stadium; RPA rounds struck a
relief hospital in central Kigali, killing more than a dozen
patients.  Another RPA mortar attack near the Gisenyi border
crossing into Zaire caused a stampede of Hutu refugees that
killed dozens more, most of them children.  The use of
excessive force diminished following the July collapse of the
FAR.  Humanitarian relief workers and foreign diplomats
reported that human rights abuses in the east and southeast had
decreased by year's end, when the RPA was cooperating with the
United Nations to disband peacefully camps for the internally
displaced.  RPA troops had stopped destroying the houses of
Hutus alleged to have been involved in the massacres.
The sick and wounded were not spared from the massacres.  There
were numerous reports of murders of persons in ambulances and
hospitals.  In many instances, the protective symbol of the Red
Cross was ignored.  Three Red Cross volunteers were killed in
Butare on May 1 along with 21 orphans under their care.  On May
14 armed militiamen shot to death 6 wounded patients being
transported by Rwandan Red Cross volunteers in Kigali.  An ICRC
worker was wounded on May 18 when an ICRC convoy traveling from
Kigali to Kabgayi was attacked.
Reliable estimates put the number of people killed in the
massacres and fighting between April 6 and July 15 at
approximately half a million, most of them Tutsi victims of
genocide by Hutu extremists.  Most local and international
organizations operating in Rwanda do not believe that exact
figures will ever be available.  Numerous credible reports from
individual organizations such as the U.N. Human Rights
Commission's Special Rapporteur, the UNHCR, the U.N. Commission
of Experts, the ICRC, journalists, and human rights
groups--including Africa Watch and Amnesty International--
confirm the scope and the scale of the genocide.  By Resolution
955 of November 8, the U.N. Security Council decided to
establish an international tribunal for the prosecution of
persons responsible for genocide and other serious violations
of international humanitarian law committed in the territory of
Rwanda and neighboring States, between January 1 and December
31, 1994.  The Special Rapporteur named by the UNHCR did not
find the RPF guilty of systematic killings or genocide in the
public report on his findings.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
Prior to April the Government respected this right to a limited
extent.  It intimidated and menaced journalists but allowed the
country's four independent newspapers and its political parties
relative freedom to operate.  However, the written press had
only limited circulation, and only radio reached a broad public
audience.
The electronic media included the government-owned television
station and two radio stations, government-owned Radio Kigali
and the privately owned Mille Collines, the voice of Hutu
extremists.
Before April, Radio Kigali offered balanced but bland
programming, controlled by an opposition minister.  Radio Mille
Collines and Radio Muhubura, controlled by the RPF, carried on
a propaganda war, the former against the RPF and its allies and
the latter against President Habyarimana and supporters of his
regime.  After President Habyarimana's death, Radio Mille
Collines broadcast strident anti-Tutsi and anti-RPF propaganda,
which ultimately had a lethal effect, calling on the Hutu
majority to destroy the Tutsi minority.  Experts cited Mille
Collines as an important factor in the spread of genocide in
the hours and days following Habyarimana's death.
A November Reporter Without Borders communique claimed that 40
percent of Rwandan journalists perished in the fighting and
blamed by name a number of surviving Hutu journalists for
inciting the public to slaughter.  The journalists who died
were targeted principally for ethnic and political reasons.
Following the RPF victory, Radio Kigali became the voice of the
Government, broadcasting in French and Kinyarwanda.  Muhubura
Radio, which broadcast in English, Swahili, and Kinyarwanda,
was the official voice of the RPF.  A proposed U.N. radio
station reportedly had not received government permission to
broadcast by year's end.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly, but
authorities required official advance notice for outdoor
rallies, demonstrations, and meetings.  Before the renewal of
civil strife, political parties routinely held rallies
throughout the country.  Unauthorized assemblies of the
Interahamwe Youth Militia associated with the MRND in January
and February spawned violence in Kigali and Butare.  Government
militiamen killed several dozen civilians, blocked streets,
searched cars, beat perceived opposition supporters, and
damaged property.  When the Habyarimana Government did not use
security forces to halt these attacks, the opposition took this
as tacit approval.
Although citizens were legally free to join political parties
under the 1990 Constitution, the political party law banned
parties based on ethnic origin or religious affiliation.  The
new Government further curtailed this freedom, prohibiting
membership in the MRND and CDR, the Hutu-dominated parties
implicated in the anti-Tutsi genocide, effectively banning
these parties.
     c.  Freedom of Religion
The constitutional provision for freedom of religion was
generally respected by both the former and new governments.
Although there was no overt discrimination against foreign
clergy, most left when violence erupted.  Many Catholic and
Protestant leaders perished in the violence, which also
destroyed or damaged many churches and religious schools.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The former government enforced laws restricting freedom of
movement and residence, and the current regime has continued
some of these practices.  The former government required all
residents to hold identity cards, which were subject to
periodic police checks.  Hutu militiamen used these cards,
which designated ethnicity by patrilineal descent, to target
their victims.  Before the outbreak of genocide, the Government
systemically levied fines on property owners who did not
require tenants to show documentation, and evicted tenants who
could not supply the required documentation.  Nightly curfews
lifted following the signature of the 1993 Peace Accord were
reimposed with the outbreak of renewed civil war.  Military and
militia checkpoints proliferated throughout the country during
the fighting in both government and RPF-controlled territory.
The new Government lifted the nightly curfew by year's end, and
only a few RPF checkpoints--most in border regions--remained in
place at year's end.
Emigration is not restricted, and the Government normally
approves passports for citizens who seek them.
The Peace Accord Protocol on Refugees incorporated into law the
right of refugees to return, and the new Government has
announced its commitment to this principle.  Following the RPF
military victory, several hundred thousand refugees returned
from neighboring countries, especially Burundi and Uganda.
Almost all were ethnic Tutsis, who had fled prior periods of
anti-Tutsi violence in 1959, 1962 and 1973, and their
descendants.
The return of Tutsi refugees was more than matched by the
flight of approximately 2 million Hutus who sought safety in
U.N. refugee camps located along Rwanda's borders with Zaire,
Burundi, and Tanzania.  This includes many former army
personnel and civilian militiamen who had engaged in the April
to July anti-Tutsi genocide.  However, many Hutu civilians
remained in the camps from fear of Tutsi reprisals.
Living conditions in the refugee camps spawned epidemics,
violence, and friction with local populations.  The camps are
not viable for the long term.  However, anti-Tutsi propaganda
and physical intimidation by extremist Hutus have thwarted
efforts to convince the refugees to return to Rwanda.  Rumors
and reports of revenge killings of Hutus by RPF soldiers and
Tutsi civilians also contributed to the reluctance of many
refugees to return.  A further complicating factor was the
seizure by returning Tutsis of land, homes and property
belonging to Hutus, either those displaced or refugees abroad.
The new Government has not yet followed through on its pledge
to evict squatters and disallow property claims made by
returning refugees if the claims are more than 10 years old.  A
commission organized within the Ministry of the Interior began
compiling legal dossiers on all property claims, but squatters
remained in many houses at year's end, and the settlement of
property claims appears to be a long-term process.
RWANDA2
5TITLE:  RWANDA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
The RPA forcibly disbanded the Musenge Displaced Persons Camp
in northern Gikongoro on November 10, resulting in 7 deaths,
several injuries, and the transfer of 20,000 internally
displaced persons to neighboring camps.  This incident affirmed
the Government's determination to close the camps and force the
internally displaced to return home.  On November 11, RPA
forces came under threat from a local internally displaced
population in Musbeya; in the ensuing disturbance, RPA troops
killed seven persons and wounded several others.  In November
the Government negotiated an agreement with UNAMIR and various
humanitarian organizations to permit the latter to organize the
nonforced return of displaced persons from camps to their home
communes.  At year's end, this initiative was proceeding
smoothly, according to senior U.N. officials involved.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens did not have the ability to change their government
through democratic means.  The 1992 powersharing agreement
crafted in the Arusha negotiations and ratified by the 1993
Peace Accord was never implemented prior to Habyarimana's death
in April.  The RPF brought representatives of four other
opposition parties into the Government formed after the RPF
military victory, but none of these officials were elected.  A
multiparty National Assembly was installed on November 15, with
64 deputies selected from 8 political parties.  In addition,
the RPA received six seats in the Assembly.
Although there are no legal restrictions on the participation
of women in political life, women remain poorly represented in
politics and government.  Two ministers and several subcabinet
officials, and the Prefect (Mayor) of Kigali are women.  The
Batwa Pygmoid ethnic group, which represented about 1 percent
of the pre-April population, was not represented in key
positions in either the former or the new Government, nor in
any of the active political parties.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Nine human rights organizations were active before the
nationwide outbreak of political and ethnic violence, when Hutu
extremists targeted and decimated the leadership of these
groups.  Some had reorganized by year's end under the auspices
of the umbrella group, the Collective Rwandan Leagues and
Associations for the Defense of Human Rights (CLADHO).  The
Government has not established a Human Rights Commission with
investigative authority prescribed in the Peace Accord Protocol
but had created a department within the Ministry of Justice to
handle human rights issues.
Before the April violence, the Government generally permitted
human rights organizations to operate unhindered.  However,
Hutu extremists harassed some prominent human rights monitors;
one was the victim of a grenade attack.  The Government
arrested Jean Paul Burandu, the Executive Secretary of CLADHO
on November 5 in Bugarame, ostensibly for improper registration
of his car.  Burandu charged that this was a pretext and that
his detention was linked to prison visits in the area.  At
year's end Burandu had been released.
The new Government has allowed national human rights groups
that reorganized following the RPF victory to operate freely.
The new Government also cooperated with international human
rights groups, including the Commission of Experts of the U.N.
Human Rights Commission and various other nongovernmental
organizations such as Amnesty International and Human Rights
Watch Africa.  The Government has publicly welcomed the
presence of U.N. human rights monitors throughout the country
as a confidence-building measure, although the full complement
of human rights monitors envisaged had not yet been put in
place at year's end.  The ICRC has unrestricted access to most
prisons.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides that all citizens are equal before
the law, without discrimination on the basis of race, color,
origin, ethnicity, clan, sex, opinion, religion, or social
standing.  In practice, however, discrimination has been
widespread and systematic.
     Women
Despite constitutional provisions, women continue to face
serious de facto discrimination.  Women traditionally perform
most of the subsistence farming and play a limited role in the
modern sector.  They have only limited opportunities for
education, employment, and promotion.  In support of women's
rights, President Habyarimana encouraged family planning, and a
new Family Code went into effect in 1992.  The Code generally
improves the legal position of women in marriage, divorce, and
child custody but still does not meet Rwanda's international
and constitutional commitments to gender equality.  For
example, it formally designates men as heads of households.
Also, the absence of succession laws limits a woman's right to
property, thus jeopardizing her status and ability to provide
for her family, should she survive her husband.
Violence against women, including wife beating, occurs and is
reportedly widespread.  Wife beating and domestic violence are
normally handled within the context of the extended family and
rarely come before the courts.
Both combatant forces, but especially the former FAR and
supporting militias, engaged in rape on a massive scale from
April through July.  They targeted women, especially Tutsi
women, for indiscriminate violence.
     Children
Tens of thousands of children were murdered, and an unknown
number were orphaned in the genocide and national upheaval.
The ICRC estimates that 50,000 children were separated from
their parents and remain in the care of strangers or
international organizations.  Relief workers report that large
numbers of children were traumatized by the horrors they
experienced.
The new Government cannot provide funds for children's welfare;
it depends on international aid groups for the feeding and
medical care of displaced and orphaned children.  Neither can
the Government afford to pay for the education of orphans,
although it is required by law.  The law prohibits children's
imprisonment with adults, but an unknown number accused of
participating in the genocide are reportedly held with adults
in Kigali's Central Prison.
     Indigenous People
Less than 1 percent of the population comes from the Batwa
ethnic group.  These indigenous people, survivors of the Pygmy
tribes of the mountainous forest areas bordering Zaire, exist
on the margins of society and continue to be treated as
second-class citizens by both Hutus and Tutsis.  The Batwa have
not been able to protect their interests, which center on
access to land and housing.  Few Batwa have gained access to
the educational system, resulting in minimal representation in
government institutions.
There is no reliable information on specific human rights
abuses perpetuated against the Batwa population during the
April upheaval.  A group of several hundred Rwandan Batwa
refugees were discovered living in a forested area outside of
Goma, Zaire, deeply traumatized by the events they had
witnessed.  They did not clarify, however, that they or other
Batwa had been caught up on either side of the massacres.
     National/Racial/Ethnic Minorities
Before April an estimated 85 percent of Rwandans were Hutu, 14
percent Tutsi, and 1 percent Batwa.  The subsequent mass
killings and population movements probably affected the ethnic
composition of the population, but the extent of the changes is
unknown.
The new Government has called for ethnic reconciliation and
committed itself to abolishing policies of the former
government that had created and deepened ethnic cleavages.  It
promised to eliminate references to ethnic origin from the
national identity card, a provision of the 1993 Peace Accord.
The Government has not statutorily addressed the issue of
ethnic quotas in education, training, and government
employment.  It has partially integrated more than 2,000 former
government soldiers into RPF forces, although not by the
formula prescribed by the 1993 Arusha Accord.  Tutsi clergy and
businessmen, who were well represented in these sectors of
society, were killed in great numbers in the genocide.
Following the RPF victory, Tutsis returning from exile took
over many of the business and professional positions formerly
held by Rwandan Hutus and Tutsis.
     People with Disabilities
Although there are no laws restricting people with disabilities
from employment, education, or other state services, in
practice few handicapped person have access to education or
employment.  There are no laws or provisions that mandate
access of the disabled to public facilities.  The number of
disabled persons increased exponentially among both civilians
and military personnel, due to injuries from bombs, land mines,
grenades, accidents involving unexploded ordnance, and maiming
by mob and militia action.
Section 6  Worker Rights
     a.  The Right of Association
Although government officials assured labor leaders in October
that the Government would respect existing labor legislation,
in practice Rwanda does not currently have a functioning labor
movement.  Technically, however, the country's labor laws
remain in effect, and the following describes the situation
prior to April.
The 1991 Constitution provides for the right to create
professional associations and labor unions.  Union membership
is voluntary and open to all salaried workers, including public
sector employees.  There are no restrictions on the right of
association, but all unions must register with the Ministry of
Justice for official recognition.  There are no known cases in
which the Government has denied such recognition.  Unions are
prohibited by law from having political affiliations, but in
practice this is not always respected.
Organized labor represents only a small part of the work
force.  Over 90 percent are engaged in small-scale subsistence
farming.  About 7 percent work in the modern (wage) sector,
including both public and private industrial production, and
about 75 percent of those active in the modern sector are
members of labor unions.
Before 1991 the Central Union of Rwandan Workers (CESTRAR) was
the only authorized trade union organization in the country.
With the political reforms introduced by the 1991 Constitution,
CESTRAR officially became independent of the Government and the
MRND but still had close informal ties that party.
The Constitution provides the right to strike, except for
public service workers.  A union's executive committee must
approve a strike, and unions must first try to resolve their
differences with management according to steps prescribed by
the Ministry of Labor and Social Affairs.  The Government never
enforced laws prohibiting retribution against strikers.
Labor organizations may affiliate with international labor
bodies.  CESTRAR is affiliated with the Organization of African
Trade Union Unity and the International Confederation of Free
Trade Unions.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides for collective bargaining, although
only CESTRAR had an established collective bargaining agreement
with the Government.  In practice, since most workers are in
the public sector, the Government is intimately involved in the
process (see Section 6.e.).
The law prohibits antiunion discrimination, and it has not
occurred in practice.  There are no formal mechanisms to
resolve complaints involving discrimination against unions.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and there are no reports that
it occurs in practice.
     d.  Minimum Age for Employment of Children
Except in subsistence agriculture, the law prohibits children
under 18 from working without their parents' or guardians'
authorization, and they generally may not work at night.  The
minimum age for full employment is 18 years, and for
apprenticeships 14, providing the child has completed primary
school.  The Ministry of Labor has not enforced child labor
laws effectively.
     e.  Acceptable Conditions of Work
The Ministry of Labor sets minimum wages in the small modern
sector.  The minimum wage is $1.08 (150 Rwandan francs) for an
8-hour workday.  The Government, the main employer, effectively
sets most other wage rates as well.  The minimum wage was
inadequate to provide a decent standard of living for urban
families; often, families supplement their incomes by work in
small business or subsistence agriculture.  In practice, the
minimum wage rate is self-enforcing since workers will not work
for less.
Officially, government offices have a 40-hour workweek.
Negotiations in 1993 between the unions, government, and
management were held to reduce the workweek from 45 to 40 hours
in the private sector as well, but by the end of 1994 no such
reduction had occurred.  Hours of work and occupational health
and safety standards in the modern wage sector are controlled
by law, but labor inspectors from the Ministry of Labor enforce
them only loosely.  Workers do not have the right to remove
themselves from dangerous work situations.
SAINT_KI1
q8q8TITLE:  ST. KITTS AND NEVIS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                      ST. KITTS AND NEVIS
St. Kitts and Nevis, a member of the Commonwealth of Nations,
is a small two-island state with a democratic, parliamentary
form of government.  The Constitution provides the smaller
island of Nevis considerable self-government, as well as the
right to secede from the Federation in accordance with certain
enumerated procedures.  A Prime Minister, a Cabinet, and a
Legislative Assembly govern the country.  The Governor General,
with largely ceremonial duties, is the titular Head of State
and must call general elections at least every 5 years.  After
national elections in November 1993, Prime Minister Kennedy
Simmonds and his People's Action Movement formed a coalition
with the Nevis Reformation Party to retain control of the
Government.
Security forces consist of a small police force, which includes
a 50-person Special Services Unit that receives some light
infantry training, and a small coast guard.
The mixed economy is based on sugar cane, tourism, and light
industry.  Most commercial enterprises are privately owned, but
the sugar industry (the country's largest economic enterprise)
and 85 percent of all arable land are owned by a state
corporation.  Economic growth continued at about 6 percent, due
partly to agricultural exports and to investor confidence in
plans to develop further a deep water port facility and the
southeastern peninsula of St. Kitts.
Human rights continued to be generally respected during 1994,
although the Government continued to restrict access by the
opposition to government-controlled media.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Although there were no political or extrajudicial killings in
St. Kitts and Nevis in 1994, there were two instances of
politically charged murder.  In October the son of the Deputy
Prime Minister (and Minister of Education) and his fiancee
disappeared and were later found murdered in an incident
apparently related to drug trafficking.  On October 13, the
Chief of the police Special Branch and Criminal Investigation
Division, who led the investigation into these disappearances,
was murdered as he left his home.  Police arrested a suspect
with drug trafficking ties, and the case remains under
investigation.  In both instances the Government and the
opposition accused each other of involvement with drug
traffickers.
     b.  Disappearance
There were no reports of politically motivated disappearances.
However, there was an instance of politically charged
disappearance.  In July the former Kittitian ambassador to the
United Nations, his wife and family, were lost at sea during a
Sunday pleasure boat outing.  Extensive air and sea searches
were conducted, but no evidence or remains were discovered.  In
the 1980's the former ambassador had been publicly accused of
money laundering and drug trafficking, and this case, like the
two instances of murder described above, is the subject of
charges and countercharges between the Government and the
opposition.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Law enforcement authorities abide by the constitutional
prohibitions against the use of torture or other forms of
inhuman or degrading treatment or punishment.  Family members,
attorneys, and clergy are permitted to visit detainees
regularly.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention, and
this provision is respected in practice.  The law requires that
persons detained be brought before a court within 48 hours.
There were no reported cases of exile.
     e.  Denial of Fair Public Trial
The Constitution provides that every person accused of a crime
must receive a fair, speedy, and public trial, and these
requirements are generally observed.  The judiciary, a part of
the Eastern Caribbean legal system, is highly regarded and
independent.  Final appeal may be made to the Privy Council in
the United Kingdom.  There are no military or political
courts.  Legal assistance is available for indigent defendants.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
There were no reports of arbitrary government or police
interference in the private lives of individuals.  The law
requires judicially issued warrants to search private homes.
Section 2  Respect For Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and, for the most part, the authorities respected these
provisions in practice.  However, the Government owns the only
radio and television station on St. Kitts, and these media
generally did not adequately publicize rallies and conventions
held by the opposition political party.  There is a religious
television station and a privately owned radio station on Nevis.
St. Kitts and Nevis does not have a daily newspaper; each of
the major political parties publishes a weekly or biweekly
newspaper.  The papers are free to criticize the Government and
do so regularly and vigorously.  International news
publications are readily available.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
Political parties organized demonstrations, rallies, and public
meetings regularly during the 1993 election campaign, usually
without government interference.  Opposition parties did claim
government intimidation in the form of excessive police
presence or armed nonparty supporters during the campaign and
during subsequent opposition protests, which included violence,
following the election.  The December 1993 14-day state of
emergency successfully ended the demonstrations.  Government
security forces patrolled the nation extensively to preempt
protests scheduled for June 1, the 6-month anniversary of the
1993 election.  Opposition members claimed that nonuniformed
police roamed the countryside in unmarked cars during the
predawn hours of June 1 to intimidate potential protesters.
The Government asserted that its preemptive patrolling was
warranted by the looting and burning that had occurred in the
street marches in December 1993.
     c.  Freedom of Religion
The Constitution provides for the free exercise of religion,
and religious practices are not restricted.  All groups are
free to maintain links with coreligionists in other countries.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government does not restrict travel within or departure
from the country.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens are free to change their government by peaceful
means.  A vigorous multiparty political system exists in which
political parties are free to conduct their activities.
Periodic elections are held in which all citizens 18 years of
age and older may register and vote by secret ballot.
The Legislative Assembly has 11 elected seats; 8 for St. Kitts
and 3 for Nevis.  In the November 1993 elections, Prime
Minister Kennedy Simmonds' People's Action Movement (PAM) won
only four of eight seats at stake in St. Kitts and came in
second in the popular vote.  The St. Kitts Labour Party, led by
Dr. Denzil Douglas, won the remaining four seats and also
polled a majority of the popular votes.  The Concerned
Citizens' Movement (CCM) won two of the three Nevis seats; the
Nevis Reformation Party won the remaining one.  Prime Minister
Simmonds formed a coalition with the Nevis Reformation Party to
retain control of the Government.  The island of Nevis has
considerable self-government and its own legislature.
Although there are no impediments in law or in practice to the
participation of women in leadership roles in government or
political parties, St. Kitts and Nevis has only one female
Member of Parliament.  However, women do hold such high
government offices as permanent secretary and are active within
the political parties.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no governmental restrictions, no local human
rights groups have been formed.  There were no requests for
investigations or visits by international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution prohibits discrimination on grounds of race,
place of origin, birth out of wedlock, political opinion or
affiliation, color, sex, or creed.
     Women
The role of women in society is not restricted by law but is
circumscribed by culture and tradition.  According to a
government official, violence against women is a problem, but
many women are reluctant to file complaints or pursue them in
the courts.  Despite this reluctance, there were publicly
reported cases of both domestic violence and rape and a few
convictions.  A special police unit works closely with the
Ministry of Women's Affairs to investigate domestic violence
and rape cases.  A nongovernmental organization opened a
women's center on Nevis which provides counseling and
information, and conducts workshops for women.  No such
facility exists on St. Kitts.  The Government created the
Ministry of Women's Affairs to help redefine the role of women
in society, to ensure that women's rights are promoted, and to
provide counseling for abused women.
     Children
The Government is committed to children's rights and welfare
and has incorporated most of the provisions of the U.N.
Convention on the Rights of the Child into domestic
legislation.  There is no evidence of societal abuse or
violence against children.
     People with Disabilities
Although there is no legislation to protect the disabled or to
mandate accessibility for them, the Government and the
Constitution prohibit discrimination in employment, education,
and other state services.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right of all workers to form
and belong to trade unions.  The law permits the police, civil
service, and other organizations to have associations which
serve as unions.  The major labor union, the St. Kitts Trades
and Labour Union, is affiliated with the opposition St. Kitts
Labour Party and is active in all sectors of the economy.
There is also an independent teachers' union, a union
representing dockworkers in the capital city, and a
taxi-drivers' association.
The right to strike, while not specified by law, is well
established and respected in practice.  There were no major
strikes in 1994.  Unions are free to form federations or
confederations and to affiliate with international
organizations.  The islands' unions maintain a variety of
international ties.
     b.  The Right to Organize and Bargain Collectively
Labor unions are free to organize and to negotiate for better
wages and benefits for union members.  The law prohibits
antiunion discrimination, but does not require employers found
guilty to rehire employees fired due to antiunion
discrimination.  However, the employer must pay lost wages and
severance pay.  There is no legislation governing the
organization and representation of workers, and employers are
not legally bound to recognize a union, but in practice
employers do so if a majority of workers polled wish to
organize.  Collective bargaining takes place on a
workplace-by-workplace basis, not industrywide.  The Labour
Commission mediates all types of disputes between labor and
management on an ad hoc basis.  In practice, however, few
disputes actually go to the Commission for resolution.  If
neither the Commission nor the Minister of Labour can resolve
the dispute, legislation allows for a case to be brought before
a civil court.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution forbids slavery and forced labor, and they do
not occur in practice.
     d.  Minimum Age for Employment of Children
The minimum legal working age is 14.  The Labour Ministry
relies heavily on school truant officers and the Community
Affairs Division to monitor compliance, which they do
effectively.  Local law mandates compulsory education up to the
age of 16.
     e.  Acceptable Conditions of Work
A 1984 law, updated in 1994, establishes minimum wage rates for
various categories of workers, such as domestic servants,
retail employees, casino workers, and skilled workers.  The
minimum wage varies from $56.18 (EC$150) per week for full-time
domestic workers to $74.91 (EC$200) per week for skilled
workers.  These provide an adequate, though Spartan, living for
a wage earner and family; many workers supplement wages by
keeping small animals such as goats and chickens.  The Labour
Commission undertakes regular wage inspections and special
investigations when it receives complaints; it requires
employers found in violation to pay back wages.
The law provides for a 42- to 44-hour workweek, but the common
practice is 40 hours in 5 days.  Although not required by law,
workers receive at least one 24-hour rest period per week.  The
law provides that workers receive a minimum annual vacation of
2 weeks.  While there are no specific health and safety
regulations, the Factories Law provides general health and
safety guidance to Labour Ministry inspectors.  The Labour
Commissioner settles disputes over safety conditions.  Workers
have the right to report unsafe work environments without
jeopardy to continued employment; inspectors then investigate
such claims.
SAINT_LU1
<TITLE:  SAINT LUCIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          SAINT LUCIA
Saint Lucia is a multiparty, parliamentary democracy and a
member of the Commonwealth of Nations.  Except for a hiatus
between 1979 and 1982, Prime Minister John Compton has led the
Government since 1964.  His United Workers Party (UWP) defeated
the main opposition Saint Lucia Labour Party in 1987 and again
in 1992, and holds 11 seats in the 17-member House of Assembly.
The Royal Saint Lucia Police is the only security force and
includes a small unit called the Special Services Unit (which
has some paramilitary training) and a Coast Guard unit.
Although the police have traditionally demonstrated a high
degree of respect for human rights, some people arrested for
crimes or in jail alleged physical abuse by police and prison
officials.
The economy is based on tourism and on the export of bananas,
which represent the principal sources of foreign exchange
earnings.  Saint Lucia is diversifying its economy into other
types of agriculture, light manufacturing, and construction.
Unemployment, estimated at 25 percent, remains a source of
potential instability.
The authorities generally respected human rights.  Government
criticism of the media, violence against women, and a lack of
effective government children's rights programs continued to be
a problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
In October 1993, paramilitary policemen killed two farmers
during a scuffle to clear a road blockade farmers had erected
to protest low banana prices.  Although the Government began an
inquest into police actions in the matter in mid-December, at
year's end it had not issued a report.
In August 1992, a prison official in Castries shot dead an
inmate serving a 20-year sentence for rape, and then apparently
committed suicide.  An official commission of inquest in early
1994 determined that the officer acted alone, and that the
killing was not politically motivated.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution specifically prohibits torture, and there were
no reports of such abuse.  However, there was an increasing
trend of convictions based on confessions in recent years,
which may reflect an effort by police to force confessions
rather than use investigative approaches.  As in past years,
there were occasional credible allegations of physical abuse of
prisoners by law enforcement officials prior to and during
incarceration.  The Government has not taken any specific
action in response to these allegations.
     d.  Arbitrary Arrest, Detention, or Exile
The Government adheres to the constitutional provisions
prohibiting arbitrary arrest or imprisonment and requiring a
court hearing within 72 hours after detention.  However, the
authorities frequently held prisoners for years "on remand"
after charging them (there is no constitutional requirement for
a speedy trial).  There were no reports of arbitrary arrest or
forced exile.
     e.  Denial of Fair Public Trial
There are two levels of courts in St. Lucia:  courts of summary
jurisdiction (magistrate's courts) and the High Court.  Both
levels have civil and criminal authority.  The lower courts
accept civil claims up to about $1,900 (EC$5,000) in value, and
criminal cases generally classified as "petty."  The upper
court has unlimited authority in both civil and criminal
cases.  All cases judged at the magistrate's or High Court
levels can be appealed to the OECS (Organization of East
Caribbean States) Court of Appeal.  From there, cases may be
appealed to the Privy Council, in London, as the final court of
appeal.
The Constitution requires public trials before an independent
and impartial court and, in cases involving capital punishment,
provision of legal counsel for those who cannot afford a
defense attorney.  In criminal cases not involving capital
punishment, defendants must obtain their own legal counsel.
Defendants are entitled to select their own legal counsel, are
presumed innocent until proven guilty in court, and have the
right of appeal.  The authorities observe both constitutional
and statutory requirements for fair public trials.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
There were no reports of arbitrary intrusion by the Government
into the private lives of individual citizens.  Authorities
consistently observed constitutional prohibitions against
arbitrary search, seizure, and entry.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Government generally respects constitutional
provisions for free speech and press, it occasionally
demonstrated open hostility toward both the print media and
radio.  At the annual UWP convention in July, the Prime
Minister charged that both print and electronic media were
"biased and negative to the point of viciousness and
destructive."  In September the Prime Minister announced that
he was taking government-owned and operated Radio Saint Lucia
off the air.  He said the station, which had been censored in
1993 over a controversial call-in talk show, was running at a
financial loss, and that Government would allow it to resume
broadcasting if an appointed panel could determine that the
station could operate profitably.  In general, the press does
not appear to practice self-censorship.
Three privately owned newspapers and two privately owned radio
stations cover a wide spectrum of political opinion and are
often highly critical of the Government.  The one local
television station is also privately owned and covers a wide
range of views.  In addition, the public can subscribe to cable
television service, which provides broadcasts from a variety of
sources.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of association and
assembly.  The law requires permits for public meetings and
demonstrations if they are to be held in public places, such as
on streets or sidewalks or in parks.  The police routinely
grant such permits; the rare refusal generally stems from the
failure of organizers to request the permit in a timely manner,
normally 48 hours before the event.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this right in practice.  All religions are
free to maintain places of worship, establish religious
schools, and engage in the full range of activities normally
associated with religious organizations.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for these rights, and the Government
respects them in practice.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government.  Saint
Lucia's parliamentary system provides for genuine choices among
parties, policies, and officials.  Although there are two main
parties, several other political organizations also participate
in free elections, which are held at least every 5 years, by
secret ballot.  The opposition Saint Lucia Labour Party plays a
significant role in the country's political life and holds 6 of
the 17 seats in the legislative House of Assembly.
There are no impediments to participation by women or
minorities in Government.  Both the Attorney General and the
deputy leader of the Senate are women.  However, women and
minorities are not represented in numbers paralleling their
proportion of the population.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no local human rights groups in Saint Lucia,
there are no governmental restrictions which would prevent
their formation.  International human rights groups, including
Amnesty International and the Caribbean Human Rights Network
(the latter based in Barbados), made no reports or requests for
investigations on Saint Lucia during the year.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Government policy is nondiscriminatory in the areas of housing,
jobs, education, and opportunity for advancement.  There are no
legal restrictions on the role of women or minorities.
     Women
There is increased awareness of the seriousness of violence
against women.  The Government does not prosecute crimes of
violence against women unless the victim herself presses
charges.  If the victim chooses for any reason not to press
charges, the Government cannot bring a case.  Charges must be
brought under the ordinary civil code.  The police force
conducts some training for police officers responsible for
investigating rape and other crimes against women.  Police and
courts enforce laws to protect women against abuse, although
police are hesitant to intervene in domestic disputes, and many
victims are reluctant to report cases of domestic violence and
rape or to press charges.
The Saint Lucia Crisis Center monitors cases of abuse (physical
and emotional) and helps its clients deal with such problems as
incest, nonpayment of child support, alcohol and drug abuse,
homelessness, custody, and visitation rights.  The group has
publicized the plight of battered women and has protested the
rare deaths of women who were victims of domestic violence.
The Crisis Center is also working to establish a shelter for
battered women and homeless girls.  Some secondary schools
address the problem of sexual harassment and battering in their
curriculum topics.
The Minister for Women's Affairs is responsible for protecting
women's rights in domestic violence cases and preventing
discrimination against women, including equal treatment in
employment.  The Minister has recently completed a report on
the status of women, which should be published in early 1995.
     Children
Despite the 1992 Children's Rights Act, which details a strong
commitment to children's rights, the Government has not
fulfilled that commitment with effective programs.  Domestic
violence and incest continued to be the problems most affecting
the welfare of children in Saint Lucia.  The Government keeps
no figures on the incidence of child abuse.
     People with Disabilities
There is no specific legislation protecting the rights of the
disabled, nor mandating provision of access to buildings or
government services for them.  There is no rehabilitation
facility in Saint Lucia, although the Health Ministry operates
a community-based rehabilitation program in residents' homes.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution specifies the right of workers to form or
belong to trade unions under the broader rubric of the right of
association.  Most public sector employees are unionized; about
22 percent of the total work force is unionized.  Unions are
independent of government, and are free to choose their own
representatives in often vigorously contested elections.  All
unions are free to publicize their views and to choose policies
to advance their members' best interests.  There is no
restriction on forming a national labor federation, and several
of the major unions formed an umbrella grouping called the
"Industrial Solidarity Pact."  Unions are free to affiliate
with international organizations, and some have done so.
Strikes in both the public and private sectors are legal, but
there are many avenues through collective bargaining agreement
and government procedures which may preclude a strike.  The law
prohibits the police and fire departments from striking.  Other
"essential services" workers--water and sewer authority
workers, electric utility workers, nurses, and doctors--must
give 31 days' notice before striking.  Strikes became more
common in the wake of the October 1993 protest by banana
farmers, perhaps because militancy appeared to have been
effective.  Public sector employees in customs, air and sea
ports, inland revenue, Radio Saint Lucia, and others struck in
1994.
     b.  The Right to Organize and Bargain Collectively
Unions have the legal right to engage in collective bargaining,
and they fully exercise that right.  The 6-year wage agreement
that the Government reached with six public sector unions
appeared to break down in the summer, resulting in widespread
strike action.  Public sector unions sought wage increases
comparable to the over 50-percent increases granted to the most
highly ranked ministry officials.  The law prohibits antiunion
discrimination by employers, and there are effective mechanisms
for resolving complaints.  It also requires that employers
reinstate workers fired for union activities.
Labor law is applicable in the export processing zones (EPZ's),
and there are no administrative or legal impediments to union
organizing or collective bargaining in those zones.  In
practice, however, many firms do not welcome union efforts to
organize in the EPZ's.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and does not exist.
     d.  Minimum Age for Employment of Children
The Women's and Young Persons Act stipulates a minimum legal
working age of 14 years.  Ministry of Labor officials
effectively enforce the law.
     e.  Acceptable Conditions of Work
The Wages Regulations (Clerks) Orders, in effect since February
1985, set out minimum wage rates only for clerks.  These office
workers receive a legislated minimum wage of about $300 (EC
$800) per month.  The minimum wage is not sufficient to provide
a decent standard of living for a worker in a four-person
family, but almost all categories of workers receive more than
the legal minimum for clerks, which is used only as a guide for
setting pay for other professions.
There is no legislated workweek, although the common practice
is to work 40 hours in 5 days.  Special legislation covers
hours which shop assistants, agricultural workers, domestics,
and young people in industrial establishments may work.
Occupational health and safety regulations are relatively well
developed.  The Labor Ministry periodically inspects health and
safety conditions at places of employment under the Employees'
Occupational Safety and Health Act of 1985.  The Ministry
enforces the Act through threat of closure of the business if
it discovers violations and the violator does not correct
them.  Workers are free to leave a dangerous workplace
situation without jeopardy to continued employment.
SAINT_VI1
4TITLE:  ST. VINCENT & GRENADINES HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                 ST. VINCENT AND THE GRENADINES
A member of the Commonwealth of Nations and the Organization of
Eastern Caribbean States, St. Vincent and the Grenadines is a
parliamentary democracy.  Prime Minister James F. Mitchell and
his New Democratic Party (NDP) returned to power for an
unprecedented third term in free and fair elections held in
February.
The Royal St. Vincent Police, the only security force in the
country, includes a Coast Guard and a small Special Services
Unit with some paramilitary training.  The force is controlled
by and responsive to the Government, but there continued to be
occasional reports of the use of force and other extralegal
means to elicit confessions from suspects.
St. Vincent has a young population, a high rate of illiteracy,
and serious unemployment, possibly as high as 40 percent.  The
leading export product is bananas, which also represents the
major source of foreign exchange earnings.  The banana industry
throughout the Windward Islands suffered a severe downturn in
1993-94, and St. Vincent has not escaped the negative impact.
Efforts toward nontraditional economic diversification met with
some success in new agricultural products, luxury tourism
expansion, and in some industrial sectors.
The country's human rights problems continued to include police
use of physical abuse to extract confessions, the Government's
failure to punish those involved in such abuse, inadequate and
overcrowded prisons, and an overburdened court system.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and other forms of cruel,
inhuman, or degrading treatment or punishment, and there were
no reports of such practices.  However, a very high percentage
of convictions (estimated at 90 percent by the regional human
rights group, Caribbean Rights) continue to be based on
confessions.  Many of these confessions resulted from
unwarranted police practices, including physical abuse during
detention, illegal search and seizure, and not properly
informing those arrested of their rights.  There were no known
instances of the Government trying, convicting, and punishing
police officers involved in such abuses.
There is no independent review board to monitor police activity
and to hear public complaints about police misconduct.
Caribbean Rights has advocated such a board to protect the
rights of citizens complaining of these activities.
Inadequate and overcrowded prisons remain a serious problem.
These conditions are particularly harsh for juvenile
offenders.  There is a small facility for delinquent boys, but
it is seriously inadequate and is generally used for those
already convicted through the criminal system.  In one case
police forced three youths aged 13, 14, and 15 to sit in a
police station for nearly 2 days awaiting processing of their
case.  Although separate legal statutes exist for youthful
offenders, there are no separate magistrates or prosecutors to
hear these cases.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for persons detained for criminal
offenses to receive a fair hearing within a reasonable time by
an impartial court.  The Government made progress in addressing
the problem of slow administration of justice resulting from a
backlog of cases in 1993 by increasing the number of
magistrates from two to four.  While this reduced the backlog,
complaints remain regarding police practices in bringing cases
to court.  Some defense attorneys claim this has caused 6- to
12-month delays in preliminary inquiries for serious crimes.
There were no reports of instances of arbitrary arrest,
detention, or exile.
     e.  Denial of Fair Public Trial
The Constitution provides for public trials before an
independent and impartial court.  The court appoints attorneys
for indigent defendants only when the defendant is charged with
a capital offense.  Defendants are presumed innocent until
proven guilty and may appeal cases to a regional high court
system and ultimately to the Privy Council in the United
Kingdom.  There are no separate security or military court
systems.  There are no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary search and seizure or
other government intrusions into the private life of individual
citizens, and there were no reports of such abuses.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
There are two major newspapers and numerous smaller, partisan
publications; all are privately owned, and most are openly
critical of the Government's policies.  There were no reports
of government censorship or interference with the operation of
the press.  Opposition political parties had equal access to
all forms of media during the 1994 elections.
The lone television station in St. Vincent is privately owned
and operates without government interference.  The Government
controls programming for the government-owned radio station.
There are no call-in talk shows; the Government canceled such a
show in 1988, claiming it was politically slanted.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for these freedoms, and the
Government respects them in practice.
     c.  Freedom of Religion
All religions are free to practice and proselytize.  The
Constitution provides protection for these rights.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The law provides for these rights and the authorities honor
them in practice.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government through
regularly scheduled free and fair elections.  St. Vincent has a
long history of multiparty parliamentary democracy.  During the
1994 campaign, the two opposition parties united to challenge
the ruling New Democratic Party.  The effort was successful to
the extent that the "Unity" coalition won 3 of 15 parliamentary
seats--the NDP held all 15 prior to the election.  Since the
new Parliament convened, the opposition complained that the
ruling party has not complied with what the opposition asserts
is a constitutional obligation to answer questions it puts
forth.  Two separate cases of voting irregularities were filed
against the Government following the 1994 elections, but the
courts found them to be groundless.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Opposition political groups and the Vincentian press often
comment on human rights matters of local concern.  The St.
Vincent Human Rights Association, affiliated with the regional
body Caribbean Rights, closely monitors government and police
activities, especially with respect to treatment of prisoners,
publicizing any cases of abuse.  The Government is generally
responsive to public and private inquiries about its human
rights practices.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides for equal treatment under the law
regardless of race, sex, or religion, and the Government
adheres to this provision.
     Women
Violence against women occurs in St. Vincent, but the
Government has failed to take steps to determine the
seriousness of the problem.  Although some victims of domestic
violence are reluctant to press charges, women were
increasingly willing to report such incidents to police and the
National Council of Women.  Penalties for violent crimes
against women are identical to those involving acts of assault
perpetrated against men.  Depending on the magnitude of the
offense and the age of the victim, the penalty for rape is
generally 10 or more years in prison.  There are no mechanisms
to enforce support payments by men who father children--
legitimately or otherwise.
The Ministry of Education, Youth, and Women's Affairs has a
women's desk which assists the National Council of Women with
seminars, training programs, and public relations.  The minimum
wage law specifies that women should receive equal pay for
equal work.
     Children
The Social Welfare Office is the government agency responsible
for monitoring and protecting the welfare of children.  The
police are the enforcement arm--the Social Welfare Office
refers all reports of child abuse to the police for action.
Marion House, a social services agency established by the
Catholic Church in 1989, provides counseling and therapy
services.  Its director said that the problem of child abuse is
still underreported.  The legal age of consent in St. Vincent
is 15.
     People with Disabilities
There is no specific legislation covering those with
disabilities.  Most severely handicapped people rarely leave
their homes because of the poor road system and lack of
affordable wheelchairs.  The Government partially supports a
school for the disabled which has two branches.  A separate,
small rehabilitation center treats about five persons daily.
Section 6  Worker Rights
     a.  The Right of Association
By law, Vincentians have the right to form unions, organize
employees, and strike; these rights are generally respected in
practice.  However, there is no legislation for compulsory
recognition of trade unions, and--given the high level of
unemployment--participation in unions has decreased to about 10
percent of the work force.  Several existing unions united in
1994 to form a new union, the National Congress of Labour.
This move toward unification reflects the need for unions to
combine in order to survive.  There were no major strikes in
1994.
     b.  The Right to Organize and Bargain Collectively
There are no legal obstacles to organizing unions; however, no
law requires employers to recognize a particular union as an
exclusive bargaining agent.  Some companies offer packages of
benefits with terms of employment better than, or comparable
to, what a union can normally obtain through negotiations.  The
law prohibits antiunion discrimination by employers against
union members and organizers.  Generally effective mechanisms
exist for resolving complaints.  The authorities can order
employers found guilty of antiunion discrimination for firing
workers without cause (including for participation in union
activities) to reinstate the workers.
There are no export processing zones in St. Vincent.
     c.  Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and does not exist.
     d.  Minimum Age for Employment of Children
The law sets the minimum working age at 16, although a worker
must be 18 to receive a national insurance card.  The labor
inspection office of the Ministry of Labour monitors and
enforces this provision, and employers generally respect it in
practice.  There is no known child labor except for children
working on family-owned banana plantations, particularly during
harvest time.
     e.  Acceptable Conditions of Work
The law sets minimum wages, which were last promulgated in
1989.  They vary by sector and type of work and are specified
for several skilled categories, including attendants, packers,
cleaners, porters, watchmen, and clerks.  In agriculture the
wage for workers provided shelter is $0.82 (EC$2.25) per hour;
skilled industrial workers earn $7.36 (EC$20) per day, and
unskilled workers earn $3.68 (EC$10) per day.  In many sectors
the minimum wage is not sufficient to provide a decent standard
of living for workers and their families, but most workers earn
more than the minimum.  There is no legislation concerning the
length of the workweek; however, the general practice is to
work 40 hours in 5 days.  The law provides workers a minimum
annual vacation of 2 weeks.
According to the Ministry of Labour, legislation concerning
occupational safety and health is outdated.  The most recent
legislation, the Factories Act of 1955, has some regulations
concerning only factories, but enforcement of these regulations
is ineffective due to a lack of inspectors.  Workers can remove
themselves from dangerous workplace situations without jeopardy
to continued employment.
SAN_MARI1
)TITLE:  SAN MARINO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                           SAN MARINO
San Marino is a democratic, multiparty republic.  The popularly
elected Parliament (the Great and General Council--GGC) selects
two of its members to serve as the Captains Regent (Co-Heads of
State).  They preside over meetings of the GGC and of the
Cabinet (Congress of State), which has ten other members, all
also selected by the GGC.  Assisting the Captains Regent are
three Secretaries of State (Foreign Affairs, Internal Affairs,
and Finance) and several additional secretaries.  The Secretary
of State for Foreign Affairs has come to assume many of the
prerogatives of a Prime Minister.
Elected officials effectively control the centralized police
organization (the Civil Police) and the two military corps (the
Gendarmerie and the "Guardie di Rocca").
The principal economic activities are tourism, farming, light
manufacturing, and banking.  In addition to revenue from taxes
and customs, the Government derives much of its revenue from
the sale of coins and postage stamps to collectors throughout
the world and from payments of an annual budget subsidy by the
Italian Government under the terms of the Republic's Basic
Treaty with Italy.
The Legal Code extensively provides for human rights, and the
authorities respect its provisions.  Although the Parliament
and the Government have demonstrated strong commitment to the
protection of human rights, some laws discriminate against
women, particularly with regard to transmission of citizenship.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
     b.  Disappearance
There were no reports of disappearance or abduction.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture and other cruel, inhuman, or
degrading treatment or punishment.  There were no reports of
violations.
     d.  Arbitrary Arrest, Detention, or Exile
There were no reports of arbitrary arrests, detentions, or
exile.  The law requires judicial warrants for arrests.
     e.  Denial of Fair Public Trial
The law provides for procedural safeguards for the rights of
the accused, and the Government fully implements these
provisions.
Detainees may not be held more than a few days without being
either formally charged or released.  There is no legally
prescribed limit on pretrial detention, but the courts hear
most cases within days or weeks.  The procedural law grants
trial judges considerable discretion in this regard, but there
were no indications in 1994 of any abuse of this authority.
Accused have the right to a public trial and legal counsel.
For indigents, the State provides a court-appointed attorney at
no cost.  There is no incommunicado detention, and the accused
cannot be compelled to answer questions or make statements
without having an attorney present.
The judicial system delegates some of its authority to Italian
magistrates, both in criminal and in civil cases.  Cases of
minor importance are handled by a local conciliation judge.
Appeals go, in the first instance, to an Italian judge residing
in Italy.  The final court of review is San Marino's Council of
Twelve, a group of judges chosen for 6-year terms (four
replaced every 2 years) from among the members of the GGC.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence.
The authorities respect the concept of privacy of the home.
The law requires judicial warrants for searches, and provides
also for protection of the privacy of correspondence, including
telephonic communications.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law provides for freedom of speech and press, and the
Government does not restrict this freedom.  It does not censor
the media.  Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The law provides for freedom of peaceful assembly and
association, and the authorities respect these provisions.
Organizers of a public gathering need only notify the police in
advance.  They need no permit unless they plan to use a parking
area as the site for the gathering; the authorities routinely
grant such permits.
     c.  Freedom of Religion
The Government fully respects freedom of religion.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government fully respects the rights of all citizens to
travel abroad, emigrate, and repatriate.  Although it does not
formally offer asylum to refugees, it has given a few
individuals de facto asylum by permitting them to reside and
work in San Marino.  Refugees and other foreigners are eligible
to apply for citizenship only after 30 years of residence.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
All citizens 18 years of age or older may vote in national
elections, which take place every 5 years, or sooner if the GGC
dissolves itself, and are free and fair.  In recent election
years the Government has offered to pay 75 percent of the
travel costs for any expatriate to return to vote.
Women gained the right to vote in the early 1960's, and voted
in national elections for the first time in 1964.  There have
been no impediments to women participating in government or
politics since the passage of a 1973 law eliminating all
restrictions.  In 1974 the first woman was elected to the GGC.
Since then, women have served in the Council as Secretary of
State for Internal Affairs and as Captain Regent.  All women's
branches of the political parties have been integrated into the
mainstream party organizations, and women hold important
positions in the various parties.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no domestic human rights organizations, although the
Government imposes no impediments to the formation of such
organizations.  The Government has declared itself open to
outsiders' investigations of alleged abuses.  There have been
no known requests of such a nature.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination based on race, religion,
disability, language, or social status, and the authorities
respect these provisions.  The law also prohibits some forms of
discrimination based on sex, but there remain vestiges of legal
as well as societal discrimination against women.
     Women
Several laws provide specifically for equality of women in the
workplace and elsewhere.  In practice there is no
discrimination in pay or working conditions.  All careers are
open to women, including careers in the military and police as
well as the highest public offices.
However, there is a law that discriminates against women in
stipulating that a San Marinese woman who marries a foreigner
cannot transmit citizenship to her husband or children, but
that a San Marinese man who marries a foreigner can do so to
both spouse and children.
The law provides for protection of women from violence, and
occurrences of such violence are unusual.
     Children
Since 1974 a special service in the state health care system
has been dedicated to fighting child abuse.  The service had no
cases in 1994 (and a total of only 14 since 1982).
     People With Disabilities
Since 1990 the Government has passed a number of laws to
safeguard the rights and promote the social integration of
disabled people.  A 1991 law regulates and encourages
employment of disabled people.  A 1992 law established
guidelines for easier access to public buildings; but
implementation of this has not yet reached all buildings.
Section 6  Worker Rights
     a.  The Right of Association
By law, all workers in San Marino (except the military, but
including police) are free to form and join unions.  A 1961 law
sets the conditions for establishment of a union.  The unions
may freely form domestic federations or join international
labor federations.
Union members constitute about half of the country's work force
(which numbers about 10,000 San Marinese plus 2,000 Italians,
among the country's total population of about 24,000).
Trade unions are independent of the Government and the
political parties; but they have close informal ties with the
parties, which exercise strong influence on them.
Workers in all nonmilitary occupations have the right to
strike.  No strikes have occurred in at least the last 5 years.
     b.  The Right to Organize and Bargain Collectively
The law gives collective bargaining agreements the force of
law, and prohibits antiunion discrimination by employers.
Effective mechanisms exist to resolve complaints.  Negotiations
are freely conducted, often in the presence of government
officials (usually from the Labor and Industry Departments) by
invitation from both the unions and the employers'
association.  For the last several years, all complaints have
been resolved amicably by a "conciliatory committee" composed
of judges and government officials.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor.  There were no
known violations.
     d.  Minimum Age for Employment of Children
The minimum working age is 16.  The Ministry of Labor and
Cooperation permits no exceptions.
     e.  Acceptable Conditions of Work
In late 1994 the minimum wage was approximately $1,000 (1.6
million lira) per month.  This affords a decent living for a
worker and his or her family.  Wages are generally higher than
the minimum.
The law sets the workweek at 36 hours in public administration
and 37 1/2 hours in industry and private business, with 24
hours of rest for workers in either category.
The law sets safety and health standards, and the judicial
system monitors them.  Most workplaces implement the standards
effectively, but there are some exceptions, notably in the
construction industries.
SAO_TOME1
7TITLE:  SAO TOME AND PRINCIPE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                     SAO TOME AND PRINCIPE
The Democratic Republic of Sao Tome and Principe is a
multiparty democracy.  The Government is comprised of an
independent judiciary, a unicameral legislature (National
Assembly), and an executive branch in which power is divided
between the President and the Prime Minister.  The Party of
Democratic Convergence (PCD) won parliamentary elections in
1991 and thereby earned the right to name the Prime Minister
and form a government.  Miguel Trovoada, an independent, won
Presidential election in 1991.  Longstanding disagreement
between the President and Prime Minister over interpretation of
their respective constitutional powers, among other issues,
culminated in July when Trovoada dismissed the Cabinet and the
National Assembly and called for early legislative elections.
The Movement for the Liberation of Sao Tome and Principe
(MLSTP), which had ruled prior to 1990 as the sole legal party,
won a plurality in free and fair parliamentary elections in
October and formed the new Government.
The Ministry of Defense, Security, and Internal Order
supervises the military, many of whose members are part-time
farmers or fishermen.  It also supervises the police.
The economy is based on a single product, cocoa, and an
archaic, state-run system of plantations called "empresas."
Despite initial progress in a land redistribution program,
there was little movement toward privatization, and the economy
continued to face serious difficulties.
The Government continued to respect the rights of its citizens
and managed to resolve serious internal conflicts within the
country's legal and constitutional framework without violence
or retribution.  Nevertheless, the principal human rights
problems continued to be an inefficient judicial system,
societal discrimination against women, and outdated plantation
labor practices that limited workers' rights.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture or cruel and inhuman
punishment.  There were anecdotal reports of overzealous
security forces using excessive force during an arrest on at
least one occasion, but no reports of gross violations, such as
beatings or other cruel treatment during interrogations.
Prison conditions are harsh but not life-threatening.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for procedural protections in case of
detention.  There was no evidence of arbitrary arrest or
detention.  Exile is not used as a punishment and all those
exiled under the former regime have been given the opportunity
to return.
     e.  Denial of Fair Public Trial
The Constitution provides for the right to fair public trial
and the right of appeal in civil cases.  For criminal cases, it
provides for the right to legal representation and a public
trial before a judge.  In practice, however, the judicial
infrastructure suffers from severe budgetary restraints,
inadequate facilities, and a shortage of trained judges and
lawyers, causing long delays in bringing cases to court and
greatly hindering investigations in criminal cases.  The
judiciary is independent of both the President and the
Government and has returned verdicts to the displeasure of
both.  The government determines salaries for all ministerial
employees in accordance with standard government salary
guidelines.  All Government salaries are extremely low, but
there were no reports of judges accepting bribes or being
pressured by the Government.
There were no known political prisoners or detainees.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the integrity of the person and
the right to privacy of home, correspondence, and private
communication.  The Government does not engage in intrusive
practices, such as surveillance of individuals or
communications.  The Judicial Police are responsible for
criminal investigations and must obtain authorization from the
Ministry of Justice to conduct searches.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of expression and freedom
of the press, and the Government generally respects these in
practice.  One government-run and four independent newspapers
publish periodically; none appeared during the second half of
the year, due to financial constraints.  Television and radio
are state-operated; while no independent stations currently
exist, there are no laws forbidding their operation.
The law grants all opposition parties access to the state-run
media, including a minimum of 3 minutes per month on
television.  In late December 1993, then Secretary of State for
Social Communications Gustavo dos Anjos suspended this right,
reportedly in reaction to a televised press conference in which
the MLSTP strongly criticized the PCD Government.  When
journalists protested in January by covering a second MLSTP
conference "without authorization," dos Anjos fired television
director Carlos Teixera.  By May the Government had restored
opposition telecast access, and since the naming of the interim
Government in July, opposition parties--including the ousted
PCD--have enjoyed steadily increasing access to the media.
The campaign by all parties for October's legislative elections
was active and outspoken.  In the absence of a facility to
produce newspapers, all parties freely distributed newsletters
and press releases, criticizing the Government, the President,
and one another.  There were no reports of government
censorship or threats of censorship from any group, nor
assertions of national security to suppress criticism.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right to associate freely and
to demonstrate publicly, and the Government respects this right
in practice.  The Government requires that requests for
authorization of large-scale events be filed 48 hours in
advance, and usually grants the appropriate permits.  Although
bureaucratic delays often occur, there were no instances of
authorizations being withheld for political reasons.  Numerous
rallies and gatherings took place peacefully during the
legislative election campaign, and there were no reports of
interference with those that occurred spontaneously or lacked
authorization.  There were no reports of forced restrictions on
meetings of municipal committees.
     c.  Freedom of Religion
The Constitution provides for religious freedom, and the
Government respects this right in practice.  There are no
restrictions on the activities of foreign clergy.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
Under the Constitution and in practice, citizens have the right
to move freely within the country and to emigrate and return.
Exit visas are not required.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens exercised this right for the first time in free and
fair presidential and legislative elections in 1991, and again
in the legislative elections held October 2, 1994, which
resulted in the peaceful transfer of power to the opposition
MLSTP party.  The MLSTP won 27 seats while the PCD won 14.  A
third party, the Independent Democratic Action Party, headed by
the President's son Patrice, also won 14 seats.  Elections are
by secret ballot on the basis of universal suffrage at 18 years
of age.
There are no restrictions in law or practice on the
participation of women in politics.  Three women currently hold
seats in the National Assembly, and women occupy important
posts in the Government.  There are no women in the Cabinet.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
A small number of local human rights groups have formed since
1991 without restriction or governmental interference.  There
were no known requests by international human rights groups to
visit the country.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution provides that all citizens, regardless of sex,
race, racial origin, political tendency, creed or philosophic
conviction, are equal under the law.
     Women
The Constitution stipulates that women and men have equal
rights to full political, economic, and social participation.
Women have access to opportunities in education, business, and
government, and many women occupy positions of leadership in
the private and public sectors.  In practice, however, women
still encounter substantial discrimination.  Traditional
beliefs concerning the division of labor between men and women
leave women with much of the hard work in agriculture, most
child-rearing responsibilities, and less access to education
and the professions.
Some evidence indicates that violence against women is a
growing problem.  Medical professionals, officials from the
Ministry of Health and the United Nations report first-hand
experience in dealing with violence, including rape.  They also
report that although women have the right to legal
recourse--including against spouses--many are reluctant to
complain or are ignorant of their rights under the law.
Traditional beliefs and practices also inhibit women from
taking domestic disputes outside the family.
     Children
A number of government and donor-funded programs are
established to improve conditions for children.  There has been
improvement in maternity and infant care, nutrition and access
to basic health services, especially in urban areas.  Although
no reliable statistics exist on abuse of children, serious
mistreatment of children is not widespread.
     People with Disabilities
The law does not mandate accessibility for persons with
disabilities.
Section 6  Worker Rights
     a.   The Right of Association
The Constitution provides for freedom of association and the
right to strike.  Few unions exist in the very small modern
wage sector.  One confederation, the Independent Union
Federation, has been attempting to organize workers on the
large state-owned plantations, but organizational difficulties
and the country's poverty hindered its efforts.  Independent
cooperatives, on the other hand, have taken advantage of the
government land distribution program to attract workers and, in
many cases, significantly improve production and incomes.
With slow progress in the Government's efforts to privatize
state-owned industries, state employees continue to comprise
the vast majority of the wage-earning work force.  Government
and other essential workers are allowed to strike.  In May,
when the Government announced plans to reduce government
positions by 18 percent, employees struck for 10 days in
protest.  In late October, employees in the banking sector also
staged a brief strike for higher wages.
There are no restrictions barring trade unions from joining
federations or affiliating with international bodies.
     b.  The Right to Organize and Bargain Collectively
The Constitution provides that workers may organize and bargain
collectively.  However, due to its role as the principal
employer in the wage sector, the Government remains the key
interlocutor for labor on all matters, including wages.  There
are no known laws prohibiting antiunion discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor and it is not
practiced.
     d.  Minimum Age for Employment of Children
Employers generally respect the legally mandated minimum
employment age of 18 years in the modern wage sector.  The
Ministry of Justice and Labor is responsible for enforcing this
law.  In subsistence agriculture, on plantations, and in
informal commerce, however, children do work, sometimes from an
early age.
     e.  Acceptable Conditions of Work
Working conditions on many of the state-owned plantations--the
biggest wage employment sector--border on medieval.  There is
no legally mandated minimum wage, and the average salary for
plantation workers not only does not permit a decent standard
of living, but is constantly being eroded by inflation and the
depreciating exchange rate.  In principle, workers are provided
free (but poor) housing, rudimentary education and health care,
and the right to reduced prices and credit at the "company
store."  Clothes and food are subsidized.  Corruption is
rampant, however, and international lending institutions have
criticized the Government for ineffective administration of
subsidies.  Workers are often forced to purchase the same goods
they should receive at government-mandated prices for much
greater prices on a parallel market.
The Social Security Law of 1979 prescribes basic occupational
health and safety standards.  Inspectors from the Ministry of
Justice and Labor are responsible for enforcement of these
standards, but their efforts are ineffective and often
nonexistent.  The legal workweek is 40 hours with 48
consecutive hours mandated for a rest period.  Officials
enforce these laws in the modern wage sector.  Employees have
the right under the law to leave unsafe working conditions.
SAUDI_AR1
dqdqTITLE: SAUDI ARABIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                          SAUDI ARABIA
Saudi Arabia is a monarchy without elected representative
institutions or political parties.  It is ruled by King Fahd
bin Abdul Aziz Al Saud, a descendent of King Abdul Aziz Al
Saud, who unified the country in the early 20th century.  The
King and the Crown Prince are chosen from among the male
descendants of King Abdul Aziz.  There is no written
Constitution.  The concept of the separation of religion and
state is not accepted by either society or the Government.  The
legitimacy of the Government depends to a large degree on its
perceived adherence to the precepts of a puritanically
conservative form of Islam.  Most Saudis respect the legal
system, which they believe is divinely inspired.  They also
revere such ancient customs as government by consensus,
internal social cohesion, respect for private property, and
private economic enterprise.  The Government disagrees with
internationally accepted definitions of human rights and views
Islamic law as the only necessary guide to protect human rights.
In 1992 King Fahd appointed a Consultative Council, the Majlis
Ash-Shura, and similar provincial assemblies.  The Council
began holding sessions in 1994.  The Government does not permit
the establishment of political parties and suppresses
opposition views.  The legal system is based on the regime's
interpretation of Shari'a, or Islamic law.  Since the death of
King Abdul Aziz, the King and the Crown Prince have been chosen
from among his sons, who themselves have had preponderant
influence in the choice.  A 1992 Royal decree reserves for the
King the exclusive power to name the Crown Prince.
Police and border forces under the Ministry of Interior are
responsible for internal security.  The Mutawwa'in, or
volunteer religious police, are part of the Organization to
Prevent Vice and To Promote Virtue, a semi-autonomous agency
which encourages adherence to Islamic values by monitoring
public behavior.  The Mutawwa'in continued to confront and
abuse citizens and foreigners of both sexes.  They committed
many abuses during the year.  The Mutawwa'in are government
employees; however, other citizens sometimes represent
themselves as Mutawwa'in when in fact they are not.
The oil industry has transformed Saudi Arabia from a pastoral,
agricultural, and commercial economy to a rapidly urbanizing
one characterized by large-scale infrastructure projects, the
emergence of a welfare state and a middle class, and millions
of foreign workers.  Oil revenues account for one-third of the
gross domestic product (GDP) and three-fourths of the
government budget.  Oil has also enriched members of the royal
family and their associates.  Agriculture accounts for only
about 5 percent of GDP.  Government spending, including
spending on the national airline, and power, water, telephone,
education and health services, accounts for 29 percent of GDP.
About 36 percent of the economy is in private hands, and the
Government is promoting further privatization of the economy.
Human rights abuses in 1994 continued.  Principal abuses
included:  the torture of prisoners; incommunicado detention;
prohibitions or restrictions on the freedoms of speech, press,
and religion; systematic discrimination against women; and
strict limitations, and even suppression, of the rights of
workers and ethnic and religious minorities.  There is no
mechanism for citizens to change their government.  The
Government's legitimacy is based on its adherence to the
Shari'a and upon the consent of the governed, who are obliged
to obey the ruler as long as he continues to govern according
to Islamic law.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were credible reports that the authorities continued to
torture and otherwise abuse detainees, including citizens and
foreigners.  A common method of torture is beating, especially
"fallaqa," which is a beating on the soles of the feet to cause
intense pain.  The authorities also deprive detainees of sleep.
Agents of the Ministry of Interior are allegedly responsible
for most incidents of abuse.  The Government's failure to
announce the punishment of human rights abusers has contributed
to a public perception that abuses can be committed with
impunity.
The Mutawwa'in were also responsible for abuse.  In May they
arrested 19 expatriate workers from the United States, Egypt,
Canada, Ireland, and Venezuela after they departed a party at a
private home.  The Mutawwa'in reportedly beat an Egyptian and a
Venezuelan man, ripped off the outer clothing of an Egyptian
woman, and severely beat an American woman, ramming her head on
a car door, resulting in serious injury to her face and one
eye.  Following diplomatic protests, the Government indicated
privately that it had conducted a high-level investigation and
that "very strong measures had been taken" against the
Mutawwa'in involved.  However, government officials did not
specify what actions were taken and did not make a public
report on the incident.
In April, after CDLR spokesman Mohamed Al-Mas'ari fled the
Kingdom, security forces arrested several members and
sympathizers of the Committee for the Defense of Legitimate
Rights (CDLR) (see Sections 1.d. and 2.a.).  Security officials
reportedly tortured these detainees after their arrest.  In
accordance with standard practice, the Government did not
comment on the allegations.  Al-Mas'ari reported that he was
tortured during 6 months of detention in 1993.
While regular access to detention facilities by impartial
observers is rare, representatives of the U.N. High
Commissioner for Refugees (UNHCR) visited detention camps
holding Gulf War refugees.  In 1993 during her visit to the
Rafha refugee camp at the invitation of the Government, U.N.
High Commissioner for Refugees Ogata praised the Government's
contributions to the refugees' welfare.
In May Amnesty International (AI) published a report containing
allegations that guards tortured and beat refugees at the Rafha
camp.  However, reliable sources indicate that the allegations
were inaccurate and exaggerated.  Many of the incidents cited
in the AI report allegedly occurred between 1991 and 1993.
Sources from UNHCR and the International Committee of the Red
Cross (ICRC) confirmed some of those incidents and reported
that authorities promptly removed the guards responsible for
abuses.  The sources also maintain that documented cases of
abuse of refugees by guards dropped significantly during that
period.
The Government rigorously observes the criminal punishments
according to its interpretation of Islamic Law, including
amputation for repeated theft and execution by beheading and
stoning.  In 1994 the authorities beheaded 59 of the 60 persons
convicted for drug trafficking, rape, and murder.  They impose
execution by firing squad for women convicted of capital
offenses; there was one such execution in 1994.  The number of
executions, which had risen in recent years because of drug
trafficking, was down from 85 in 1993.
The authorities punish repeated thievery by amputation of the
right hand.  In 1994 they imposed this punishment on 5 Sudanese
and a Pakistani.  For less serious crimes, such as drunkenness
or publicly flouting Islamic precepts, the authorities often
impose flogging with a cane.
     d.  Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, but there are few police
procedures to safeguard against abuse.  Arresting officers have
broad discretion to determine the grounds for arrest and
frequently set their own standards for the rights of
detainees.  A person may be detained without charge during the
investigation of a crime, a period that may last weeks or
months.  In many cases, the authorities do not inform detainees
of the charges against them.  The authorities detain most
suspects for no longer than 3 days before charging them but
have detained others for long periods before charging or
releasing them.
The Mutawwa'in have the authority to detain people for no more
than 24 hours for violations of behavior standards.  However,
they sometimes exceed this limit before delivering detainees to
the regular police (see Section 1.f.).  Current procedures
require a police officer to accompany the Mutawwa'in before the
latter makes an arrest.  Recently, the Mutawwa'in have been
less active in harassing individuals.
In 1993 the King established an office of investigation and
public prosecution.  Accordingly, only the public prosecutor is
authorized to conduct criminal investigations, a power
previously shared by several government agencies.  At year's
end, however, the public prosecutor's office was not fully
operational.
There is no established procedure providing detainees the right
to inform their family of their arrest.  The law has no
provision for bail or habeas corpus.  Detainees are sometimes
released on the recognizance of a patron or sponsoring
employer.  If asked, the authorities usually confirm an arrest
of foreign residents.  In general, however, embassies learn
about such arrests through informal channels.  The authorities
may take as long as several months to provide official
notification of the arrest of foreigners, if at all.
Detainees arrested by the General Directorate of Investigation
(GDI), the Ministry of Interior's security service, or
"Mubahith," are commonly held incommunicado during the initial
phase of an investigation, which may last weeks or months.  The
GDI allows the detainees only limited contact with their
families or lawyers.
The authorities often detain without charges people who
publicly criticize the Government or they charge them with
attempting to destabilize the Government (see Sections 2.a.
and 3).  In April and May, the Government detained 15 to 20
members or supporters of the CDLR, including relatives of CDLR
spokesman Mohamed Al-Mas'ari (see Section 1.a.).
The authorities arrested an American citizen on May 28,
reportedly for sympathizing with the CDLR.  They held him in
isolation for 3 weeks, reportedly beat him during
interrogation, and deported him after release.  The authorities
did not respond to repeated diplomatic requests for access by a
consular officer or for information about the charges.
The authorities also arrested Salman Al-Awdah and Safar
Al-Hawali, Muslim clerics who had publicly criticized the
Government.  Their detention sparked protest demonstrations by
hundreds of individuals demanding their release.  In September
and October, the authorities arrested 157 people for engaging
in demonstrations or other antigovernment activities.  The
Government released 130 of the detainees on October 16, after
they pledged not to repeat their actions.  At year's end, the
remaining 27 persons remained in detention pending
investigations.
     e.  Denial of Fair Public Trial
The judicial system is based on Islamic law, or Shari'a.
Regular Shari'a courts exercise jurisdiction over common
criminal cases and civil suits regarding marriage, divorce,
child custody, and inheritance.  Other civil proceedings,
including those involving claims against the Government and
enforcement of foreign judgments, are held before specialized
administrative tribunals, such as the Commission for the
Settlement of Labor Disputes and the Board of Grievances.
Aside from the Koran and Sunna, which are the authenticated
sayings of the Prophet Mohamed, there are no written laws or
precedents by which the Shari'a courts make judgments.  The
Government permits Shi'a Muslims to use their own legal
tradition to adjudicate only noncriminal cases within their
community.
The Ministry of Justice is responsible for the appointment,
transfer, and promotion of Shari'a court judges.  Only the
Supreme Judicial Council, a body of senior jurists, may
discipline or remove judges.  The independence of the judiciary
is prescribed by law and is usually respected in practice,
although judges occasionally accede to the influence of members
of the royal family and their associates.  At the provincial
level, governors have reportedly threatened, and even detained,
judges over disagreements on their decisions.  In general, the
public perceives members of the royal family, and other
powerful families, as not subject to the same rule of law as
ordinary citizens.  For example, judges do not have the power
to issue a warrant summoning any member of the royal family.
The luggage of princes and other influential persons is not
subject to customs inspection on entering the country.
Defendants usually appear without an attorney before a judge,
who determines guilt or innocence in accordance with Shari'a
standards.  Defense lawyers may offer their client advice
before trial or may attend the trial as interpreters for those
unfamiliar with Arabic.  The courts do not provide foreign
defendants with translators.  There is no licensing procedure
for lawyers.  Individuals may choose any person to represent
them by a "power of attorney" filed with the court and Ministry
of Justice.  Most trials are closed.
In the absence of two witnesses, or four witnesses in the case
of adultery, confessions before a judge are almost always
required for criminal conviction--a situation which opens the
possibility that prosecuting authorities may seek to obtain
forced confessions.  Sentencing is not uniform and may vary
according to the nationality of the defendant.  Under Shari'a
law, as interpreted and applied in Saudi Arabia, crimes against
Muslims receive harsher penalties than those against
non-Muslims.  In the case of wrongful death, the amount of
indemnity or "blood money" awarded to relatives varies with the
nationality, religion, and sex of the victim.  A sentence may
be changed at any stage of review, except for punishments
stipulated by the Koran.  Provincial governors have the
authority to exercise leniency and reduce a judge's sentence.
Appeals are automatically reviewed by a three-judge panel at
the Ministry of Justice or, in more serious cases, by the Court
of Cassation and the Supreme Judicial Council.  The reviews are
conducted to ensure that the trial judge applied appropriate
legal principles and punishments.
The King and his advisors review cases involving capital
punishment to ensure that the court applied the proper legal
and Islamic principles.  The King has the authority to grant
pardons and commute death sentences, but he does not have the
authority to pardon capital crimes committed against
individuals.  In such cases, he may request the victim's next
of kin to pardon the murderer--usually in return for
compensation from the family or the King.
The military justice system has jurisdiction over uniformed
personnel and civil servants charged with violations of
military regulations.  Court-martial decisions are reviewed by
the Minister of Defense and Aviation and by the King.
There is insufficient information to determine the number of
political prisoners because the Government does not provide
information on such persons or respond to inquiries about
them.  Moreover, the Government conducts closed trials for
persons who may be political prisoners and in other cases has
detained persons incommunicado for long periods while under
investigation.  At year's end, the Government detained an
estimated 15 to 20 people for their alleged connections with
the CDRL, and 27 others for their alleged participation in
demonstrations protesting the detention of two fundamentalist
Shaykhs.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The sanctity of family life and the inviolability of the home
are among the most fundamental of Islamic precepts.  Royal
decrees announced in 1992 include provisions calling for the
Government to defend the home from unlawful incursions.
The police must generally demonstrate reasonable cause and
obtain permission from the provincial governor before searching
a private home, but warrants are not required.  However, some
Mutawwa'in continued to enter homes forcibly, searching for
evidence of un-Islamic behavior, and to harass and abuse
perceived transgressors.
Customs officials routinely open mail for contraband, including
material deemed pornographic as well as non-Muslim religious
material.  They regularly confiscate materials deemed
offensive.  The authorities use informants, wiretaps, and open
mail in internal security matters.  Government officials
reportedly wiretapped the telephone conversations of CDLR
spokesman Al-Mas'ari with foreign journalists and human rights
organizations.
The Government enforces most social and Islamic religious
norms, which are matters of law (see Section 5).  Women may not
marry non-Saudis without government permission.  Although women
are prohibited from marrying non-Muslims, men have the right to
marry Christians and Jews.  Men must obtain approval from the
Ministry of Interior to marry women from countries outside the
six states of the Gulf Cooperation Council.
Both citizens and foreigners were targets of harassment by
members of the Mutawwa'in--and even by religious vigilantes
acting independently of the Mutawwa'in.  The Government has not
condemned the actions of religious vigilantes or sought to
disband such groups.
The Mutawwa'in continued to press for enforcement of their
strict standards of social behavior, including the closure of
commercial establishments during the daily prayer observances,
appropriate dress in public, and avoidance of video tape rental
shops.  They harassed Saudi and foreign women for failure to
observe strict dress codes, and for being in the company of
males who are not their close relatives.  They also harassed
non-Muslims attempting to conduct religious services (see
Section 2.c.).
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The law severely limits the freedom of speech and press.  The
authorities do not countenance criticism of Islam, the ruling
family, or the Government.
In 1994 CDLR spokesman Al-Mas'ari secretly fled to the United
Kingdom (UK), where he sought political asylum and established
an overseas branch of the CDLR (see Sections 1.c. and 1.d.).
Established in 1993 by six citizens, the CDLR criticizes the
Government's human rights record from the perspective of
Islamic principles and advocates stricter adherence to Islamic
principles by the Royal family and the Government.  After the
CDLR criticized the Government in the international press in
1993, security forces detained 38 of its members, including
Al-Mas'ari, confiscated their passports, and forbade them to
travel or speak publicly.  The authorities dismissed several
founding members from their government jobs.  They subsequently
released the detainees after they signed statements promising
not to discuss the Government's policies or communicate with
anyone outside the country by telephone or facsimile machine.
Al-Mas'ari was released in November 1993 after spending 6
months in detention.
In the UK, Al-Mas'ari continued to disseminate tracts critical
of the Government, particularly of King Fahd, Interior Minister
Prince Naif, and Riyadh Governor Prince Salman.  His publicized
views have expressed opposition to peace with Israel and to
Saudi support for the peace process.  After Al-Mas'ari fled,
security forces arrested 15 to 20 of his relatives and
supporters.  In late 1994, the Government released several of
these detainees, including Dr. Fouad Dehlawi; Mas'ari's
brother, Lu'ay al-Mas'ari; and Mas'ari's brothers-in law,
Rashad and Nabil al-Mudarris.  Others remain in custody.  The
Government has not publicly acknowledged any of these
detentions.
In mid-September, Interior Ministry authorities arrested two
Muslim clerics and critics of the Government, Salman Al-Awdah
and Safar Al-Hawali, for violating a government order
prohibiting them from delivering lectures or sermons critical
of the Government.  In 1993 Al-Awdah and Al-Hawali reportedly
had refused to sign a statement acknowledging the order.
Ministry of Interior officials claimed that they detained
Al-Awdah and Al-Hawali to safeguard the security and stability
of the nation.  At year's end, the clerics were still in
detention (see Section 1.d.).
In August the United States granted asylum to Mohamed
Al-Khilewi, a Saudi diplomat assigned to the United Nations in
New York City.  Al-Khilewi claimed that he feared for his life
if he returned to Saudi Arabia because he had written a letter
to the royal family and to a Saudi religious leader alleging
human rights abuses, official corruption, and official support
for terrorist groups.  The Government has said that Al-Khilewi
would not face retribution if he returned.
The press is privately owned, but a 1982 media policy statement
and a 1965 national security law prohibit the dissemination of
criticism of the Government.  The media policy statement urges
journalists to uphold Islam, oppose atheism, promote Arab
interests, and preserve the cultural heritage of Saudi Arabia.
The Ministry of Information appoints, and may remove, the
editors in chief.  It also provides guidelines to newspapers on
controversial issues.  The Government owns the Saudi Press
Agency, which expresses official government views.
Newspapers publish domestic news on sensitive subjects, such as
crime or terrorism, only after the authorities arrest and
sentence the perpetrators.  The Government suppresses any news
regarded as a threat to national security.  The press reports
foreign news objectively, but the authorities censor stories
about the Kingdom in the foreign press.  Censors may remove or
blacken the offending articles, or prevent certain issues of
foreign publications from entering the market.  The Government
tightly restricts the entry of foreign journalists into the
Kingdom.
The Government owns and operates the television and radio
companies.  Government censors review foreign programs and
songs, often removing any reference to politics, religions
other than Islam, pork or pigs, alcohol, or sexual innuendo.
There are 100,000 to 200,000 satellite receiving dishes in the
Kingdom which provide citizens with foreign broadcasts.  The
legal status of these devices is ambiguous.  The Government
ordered a halt to the import of satellite dishes in 1992--at
the request of religious leaders who objected to foreign
programming available on satellite channels.  In March the
Government banned the installation of dishes and supporting
devices.  However, consumers continued to buy and install the
dishes.
Academic freedom is restricted.  The authorities prohibit the
study of evolution, Freud, Marx, music, and Western
philosophy.  Some professors believe that Government and
conservative religious informers monitor their classroom
comments.
The Government censors all forms of public artistic
expression.  The authorities prohibit cinemas and public
musical or theater performances, except those that are strictly
folkloric.
     b.  Freedom of Peaceful Assembly and Association
The Government strictly limits these freedoms.  It prohibits
public demonstrations as a means of political expression and
the establishment of political parties or any type of
opposition group (see Section 3).  By its power to license
associations, the Government ensures that groups conform to
public policy.
Public meetings are segregated by sex.  Unless meetings are
sponsored by diplomatic missions, foreign residents seeking to
hold unsegregated meetings risk arrest and deportation.
The authorities monitor any large gathering of people,
especially of women.  In January the Government closed all
health clubs, but several months later the clubs reopened for
male patrons only.  Health clubs for women remain closed.  The
Government has not explained why the clubs have been closed to
women.
In February the Mutawwa'in closed a proposed cultural program
for Saudi and expatriate women.  The Mutawwa'in indicated that
a public gathering featuring a fashion show and dancing was not
an appropriate activity for women.
     c.  Freedom of Religion
Freedom of religion does not exist.  Islam is the official
religion, and all citizens must be Muslims.  The Government
prohibits the practice of other religions according to an
injunction attributed to the Prophet Mohammed.  Conversion by a
Muslim to another religion is considered apostasy.  Public
apostasy is a crime under Shari'a law and punishable by death.
There were no executions in 1994 for apostasy.
Islamic practice is generally limited to that of the Wahabi
sect's interpretation of the Hanbali school of Sunni Islamic
jurisprudence.  Practices contrary to this interpretation, such
as visits to the graves of renowned Muslims or public prayers
according to Shi'a Islam, are discouraged.
The Shi'a Muslim minority of 500,000 persons lives mostly in
the Eastern Province.  They are the objects of officially
sanctioned social and economic discrimination (see Section 5).
Prior to 1990, the Government prohibited Shi'ite public
processions during the Islamic month of Muharram and restricted
other processions and congregations to designated areas in the
major Shi'ite cities.  Since 1990, the authorities have
permitted marches on the Shi'a holiday of Ashura, provided the
marchers do not display banners or engage in
self-flagellation.  Only 1 of the 60 members of the Majlis
Ash-Shura is a Shi'a.
The Government seldom permits private construction of Shi'ite
mosques, and the Shi'a have refused government offers to build
state-supported mosques, because Shi'ite motifs would be
prohibited in them.
The Government does not permit public or private non-Muslim
religious activities.  Persons wearing religious symbols of any
kind in public risk confrontation with the Mutawwa'in.  The
general prohibition against religious symbols applies also to
Muslims.  A Muslim wearing a Koranic necklace in public would
be admonished.  Non-Muslim worshippers risk arrest and
deportation for engaging in any religious activity that
attracts official attention.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government restricts the travel of Saudi and non-Saudi
women.  Women must obtain written permission from their closest
male relative before the authorities will allow them to board
public transportation between different parts of the country or
travel abroad (see Section 5).  Males may travel anywhere
within the country.
The Government requires foreign residents to carry
identification cards.  It does not permit foreigners to travel
outside the city of their employment or change their workplace
without their sponsor's permission.  Foreign residents who
travel in the Kingdom are often asked by the authorities to
show they possess letters of permission from their employers.
Foreign workers must also obtain permission from their sponsors
to travel abroad.  Sponsors generally retain possession of the
workers' passports.  If sponsors are involved in a commercial
or labor dispute with foreign employees, they may ask the
authorities to prohibit the employees from departing the
country until the dispute is resolved.  Some sponsors use this
pressure tactic to resolve disputes in their favor--or to have
foreign employees deported.
The Government seizes the passports of all potential suspects
and witnesses in criminal cases, and suspends the issuance of
exit visas to them, until the case is tried.  As a result, some
foreign nationals are forced to remain in the Kingdom for
lengthy periods against their will.  The authorities sometimes
confiscate the passports of suspected subversives.  The
Government prevents Shi'a Muslims believed to have pro-Iranian
sympathies from traveling abroad.
Citizens may emigrate, but the law prohibits dual citizenship.
There are no provisions for long-term foreign residents to
acquire citizenship.  However, foreigners are granted
citizenship in rare cases, generally through the advocacy of an
influential patron.
SAUDI_AR2
?TITLE: SAUDI ARABIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
In April the Government revoked the citizenship of Osama Bin
Laden, a wealthy citizen known to support Islamic terrorist
groups, for refusing to return from abroad to answer charges
concerning his activities.  The Interior Ministry issued a
statement that Bin Laden "contradicted the Kingdom's interest
and harmed its relations with sisterly countries."  After his
citizenship was revoked, Bin Laden was banned from reentering
the Kingdom.
Article 42 of the 1992 Basic Law provides that "the State will
grant political asylum if the public interest mitigates" in
favor of it.  The language does not specify clear rules for
adjudicating asylum cases.  In general, the authorities regard
refugees and displaced persons like other foreign workers:
they must have sponsors for employment or risk expulsion at the
border.
After the Gulf War, the Government granted refuge to 35,000
Iraqi civilians and former prisoners of war.  At year's end,
16,000 have been resettled in third countries or were
voluntarily repatriated to Iraq.  Most of the remaining 18,400
refugees are restricted to the Rafha Refugee Camp.  In 1993
Human Rights Watch reported that refugees were forcibly
repatriated to Iraq after staging a riot at the Rafha camp.
However, the UNHCR has monitored over 2,450 refugees
voluntarily returning to Iraq since 1991 and found no evidence
of forcible repatriations in 1993 or 1994.
The Government has temporarily allowed some foreigners to
remain in Saudi Arabia in cases where their safety would be
jeopardized if they were deported to their home countries.  The
authorities also worked with the UNHCR to repatriate several
hundred southern Yemeni refugees after the end of the Yemen
civil war.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens do not have the right to change their government.
There are no formal democratic institutions, and only a few
citizens have a voice in the choice of leaders or in changing
the political system.  The King rules in matters civil and
religious, within certain limitations established by religious
law, tradition, and the need to maintain consensus among the
ruling family and religious leaders.
The King is also the Prime Minister, and the Crown Prince
serves as first deputy Prime Minister.  The King appoints all
other ministers, who in turn appoint subordinate officials with
Cabinet concurrence.
In 1993 the King appointed 60 members to a Consultative
Council, or Majlis Ash-Shura.  It is an advisory body only.  It
began to hold sessions in 1994, but it has not publicized its
work in detail.
The Council of Senior Islamic Scholars is another advisory body
to the King and the Cabinet.  It issues decisions based on
Shari'a law supporting the Government's public policies.  The
Government uses the Council as an important source of religious
legitimacy.
Communication between citizens and the Government is usually
expressed through client-patron relationships and by affinity
groups such as tribes, families, and professional hierarchies.
The open-door audience, or majlis, is the primary forum for
expressing an opinion or grievance.  Any male citizen or
foreign national may attend these sessions held by the King,
princes, or important national and local officials.
Participation by women is restricted, although some women seek
redress through female members of the royal family.
As governmental functions have become more complex,
time-consuming, and centralized, public access to senior
officials has become more difficult.  After the assassination
of King Faisal in 1975, Saudi kings have reduced the frequency
of their personal contacts with the public.  Access to King
Fahd by ordinary citizens is difficult, in part due to strict
security measures.
Typical topics raised in a majlis are complaints about
bureaucratic delay or insensitivity, requests for redress or
assistance, and criticism of particular acts of government
affecting personal or family welfare.  Broader "political"
concerns--Saudi social, economic, or foreign policy--are raised
only occasionally.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no publicly active human rights groups, and none
critical of government policies would be permitted.  The
Government acted quickly to repress the CDLR following the
announcement of its formation in 1993 (see Section 2.a.).
The Government does not permit visits by international human
rights groups, any visits to prisoners by independent monitors,
nor has it signed major international human rights treaties and
conventions.  The Government disagrees with internationally
accepted definitions of human rights and views Islamic law as
the only necessary guide to protect human rights.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
By religious law and social custom, women have few political
and social rights, and are not treated as equal members of
society.  Women, including foreigners, may not legally drive
motor vehicles or ride bicycles and are restricted in their use
of public facilities when men are present.  Women must enter
city buses by separate rear entrances and sit in specially
designated sections.  Women risk arrest by the Mutawwa'in for
riding alone in a vehicle driven by a male who is not an
employee or a close male relative.  By law and custom, women
may not undertake domestic or foreign travel alone (see Section
2.d.).
In public women are required to wear the abaya, a black garment
covering the entire body, including the head and face.  The
Mutawwa'in generally expect women from Arab countries, Asia,
and Africa to comply more fully with Saudi customs of dress
than Western women; nonetheless, in recent years they have
increased pressure on Western women to wear the abaya and cover
their hair.
Women are also subject to discrimination in Islamic law which
stipulates that daughters receive half the inheritance awarded
to their brothers--reflecting the fact that men have financial
obligations to their mothers and sisters.  In a Shari'a court,
the testimony of one man equals that of two women.
Although Islamic law permits polygyny, it is becoming less
common.  Islamic law limits a husband to four wives, provided
that he treats each wife equally.  In practice, such equality
is left to the discretion of the husband.
Women must demonstrate legally specified grounds for divorce,
but men may divorce without giving cause.  If divorced or
widowed, a woman normally may keep her children until they
attain the age of 7.  Children over 7 are awarded to the
divorced husband.  Divorced women who are foreigners are often
prevented by their former husbands from visiting their children
after divorce.
Women have access to free, but segregated, education through
the university level.  They constitute 55 percent of all
university graduates--but are excluded from studying such
subjects as engineering, journalism, and architecture.  Men are
able to study overseas; women may do so if accompanied by a
spouse or an immediate male relative.
Women make up only 5 percent of the work force.  Most
employment opportunities for women are in education and health
care, with lesser opportunity in business, philanthropy,
banking, retail sales, and the media.  Women wishing to enter
nontraditional fields are subject to arbitrary discrimination.
Women may not accept jobs in rural areas if they are required
to live apart from their families.  All workplaces where women
are present are segregated by sex.  Contact with male
supervisors or clients is allowed only by telephone or
facsimile machine.
Hospital workers report that many women are admitted for
treatment of injuries that apparently result from spousal
violence.  "Islamic advice" columns in the press sometimes
recommend the "strict disciplining" of women, an expression
understood to encompass some degree of physical force as part
of a proper marriage.
There were credible reports that some Western women married to
Saudis, and their children, have suffered physical abuse from
the spouse or father.  Appropriate embassy officials must seek
the assistance of government officials to intervene in such
cases.  The Government does not keep statistics on spousal or
other forms of violence against women.
Embassies receive many reports that employers abuse foreign
women working as domestic servants.  In general, the Government
considers such cases as family matters and does not intervene
unless charges of abuse are brought to its attention.  It is
almost impossible for foreign women to obtain redress in the
courts due to the court's strict evidentiary rules and the
women's own fears of reprisals.  Few employers have been
punished for such abuses.  There are no private support groups
or religious associations to which these women could turn for
assistance.
     Children
The Government provides all children with free education and
medical care.  Children are highly valued in society, and large
families are common.  Reports of abuse of children are rare.
Children are not subject to the strict social segregation faced
by women.  Children are segregated by sex in schools starting
at age 7.  Boys are segregated in social situations at age 12,
and girls at the onset of puberty.
     National/Racial/Ethnic Minorities
Although racial discrimination is illegal, there is substantial
societal prejudice based on ethnic or national origin.  Foreign
workers from Africa and Asia are subject to various forms of
formal and informal discrimination and have the most difficulty
in obtain justice for their grievances.
     Religious Minorities
The Government is intolerant of the practice of any non-Islamic
religion.  It also subjects the Shi'a Muslim minority to
stringent religious repression (see Section 2.c.).  Shi'a
citizens are discriminated against in government and
employment, especially in national security jobs.  Several
years ago the Government subjected Shi'a to employment
restrictions in the oil industry and has not relaxed them.
Some Sunni clerics, including Al-Awdah and one CDLR founder,
have made strong anti-Shi'a statements (see Section 2.a.).
Shi'a also face restrictions on access to social services,
despite efforts by the Government to improve the social service
infrastructure in predominantly Shi'a areas of the country.
Since the Iranian revolution, some Shi'a have been subjected
periodically to surveillance and limitations on travel abroad.
Some Sunni clerics advocate stronger government discriminatory
measures against Shi'a citizens.
     People with Disabilities
Traditionally, disabled individuals were secluded within the
family, but the provision of government social services has
brought the disabled into the public.  Public awareness and
acceptance of the disabled are growing.  The Government and
private charitable organizations cooperate in education,
employment, and other services for the disabled.  The law
provides hiring quotas for the disabled.  While there is no
legislation for public accessibility, newer commercial
buildings often include such access.
Section 6  Worker Rights
     a.  The Right of Association
Government decrees prohibit the establishment of labor unions
and any strike activity.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is forbidden.  Foreign workers comprise
about half of the work force.  Wages are set by employers on
the basis of market forces, but vary according to the
nationality of the worker.  There are no export processing
zones.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor has been prohibited since 1962 by the royal decree
that abolished slavery.  Ratification of the International
Labor Organization's (ILO) Conventions 29 and 105, which
prohibit forced labor, has the force of law.  However,
employers have significant control over the movements of
foreign employees, giving rise to situations that might involve
forced labor--especially in remote areas where workers are
unable to leave their place of work.  Sometimes sponsors
prevent foreign workers from obtaining exit visas to pressure
them to sign a new work contract.  In another pressure tactic,
sponsors may refuse to provide foreign workers with a "letter
of no objection" which would allow them to be employed by
another sponsor.
The labor laws do not protect domestic servants.  There were
credible reports that female domestic servants were sometimes
forced to work 12 to 16 hours a day, 7 days a week.  There were
numerous confirmed reports of runaway maids.  The authorities
often returned runaway maids to their employers against the
maids' wishes.
There have been many reports of workers whose employers have
refused to pay several months, or even years, of accumulated
salary or other promised benefits.  Nondomestic workers with
such grievances have the right to complain before the labor
courts, but few do so because of fear of deportation.  The
Government abets the exploitation of foreign workers because
the system for enforcing work contracts is weak and generally
favors Saudi employers.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 13 years, which may be waived
by the Ministry of Labor with the consent of the juvenile's
guardian.  There is no minimum age for workers employed in
family-operated businesses or in other situations that are
construed as extensions of the household, e.g., farmers,
herdsmen, and domestic servants.  Workers in such fields are
not protected by labor regulations.  There were reports that
children aged 5 to 12 years are used as jockeys in camel racing.
Children under age 18 and women may not be employed in
hazardous or harmful industries, such as mines or industries
employing power-operated machinery.  While there is no formal
government entity charged with enforcing the minimum age for
employment of children, the Ministry of Justice has
jurisdiction and has acted as plaintiff in the few cases that
have arisen against alleged violators.
     e.  Acceptable Conditions of Work
There is no legal minimum wage.  Labor regulations establish a
48-hour workweek at regular pay and allow employers to require
up to 12 additional hours of overtime at time-and-a-half pay.
Saudi labor law provides for a 24-hour rest period, normally
Fridays, although the employer may grant it on another day.
Many foreign nationals who have been recruited abroad have
complained that, after arrival in Saudi Arabia, they were
presented with work contracts specifying lower wages and fewer
benefits than originally promised.  Other foreign workers have
reportedly signed contracts in their home countries and were
later pressured to sign less favorable contracts after
arrival.  Reliable reports indicate that the length of service
called for in the original contract is sometimes increased
after arrival by as much as 3 years.  Some employees report
that at the end of their contract service, their employers
refuse to grant permission to allow them to return home.
The ILO has stated that the Government has not formulated
legislation implementing the ILO Convention on equal pay and
that regulations which segregate work places by sex, and limit
vocational programs for women, violate ILO Convention 111.
Saudi labor regulations require employers to protect most
workers from job-related hazards and disease.  Workers in
family operated businesses, farmers, herdsmen, and domestic
servants are not covered by these regulations.  Ministry of
Labor inspectors and the labor courts are seeking, with some
success, to enforce the Labor Code, but foreign nationals
report frequent failures to enforce health and safety standards.
SENEGAL1
qTITLE:  SENEGAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            SENEGAL
Senegal is a republic with an elected President, Abdou Diouf,
who has been in office since 1981, and a unicameral legislature
controlled by the President's Socialist Party (PS) since
independence from France in 1960.
The Senegalese armed forces, numbering about 15,000, are
professional and disciplined.  They traditionally remain aloof
from politics.  The paramilitary Gendarmerie reportedly is less
professional and less disciplined.  Police were responsible for
a number of serious human rights abuses during the year.
Senegal is predominantly agricultural.  More than 70 percent of
the labor force is engaged in farming, largely peanut
production.  Since 1983, the Government has pursued a
structural adjustment program intended to reduce the role of
government, encourage the private sector, and stimulate
economic growth.  Nonetheless, the economy remained depressed.
A 50-percent devaluation in January of the CFA (the local
currency pegged to the French franc) has encouraged a
regeneration of tourism and other major exports.
There were, however, serious human rights abuses in 1994
arising from internal political conflict over the 1993
elections, the unresolved case of a judge's assassination in
1993, and a 1994 opposition party meeting which ended in
violence and several deaths, including six policemen.  These
abuses involved the arrest and extended detention of political
opposition figures without serious evidence, the torture of
prisoners by police, and the death of a suspect in police
custody.  Few, if any, police are tried and punished for such
abuses, and none were in 1994.  Other human rights abuses
include restrictions on freedom of association, and domestic
violence and discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom From:
     a.  Political and Other Extrajudicial Killing
There were no reports of political killings, but in one
instance a suspect died in police custody under circumstances
the Government refused to clarify or investigate.  Police
arrested Lamine Samb, a member of the Moustarchidine Islamic
religious sect ("Followers of God") on February 26 and
questioned him in connection with riots in which eight persons
had died.  Samb later died in police custody, following
questioning about the disturbances.  The Government did not
release an autopsy report and stated in response to inquiries
from human rights organizations that it had found no police
responsibility for Samb's death.  It did not state the cause of
death or otherwise clarify the matter.
     b.  Disappearance
There were no reports of politically motivated disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There are credible reports that police tortured many of the 150
persons arrested in February in connection with riots that
erupted following a meeting of Coordination of Democratic
Forces, a coalition of opposition parties.
Parliamentarian Mody Sy, one of several alleged conspirators in
the May 1993 assassination of Constitutional Court Vice
President Babacar Seye, presented credible evidence upon his
release from jail in June that he was subjected to electroshock
torture immediately after his arrest on May 20.  Sy's release
came after a 6-day hunger strike that aggravated an existing
medical condition.
Prisons remain overcrowded, and food and health care are
inadequate.  There have been no reported deaths in prison
caused by these conditions.
     d.   Arbitrary Arrest, Detention, or Exile
Although the Constitution prohibits arbitrary arrest and
detention, there continue to be instances in which police
arrest and detain opponents of the Government, using highly
questionable evidence.  This was the case again in the arrest
and detention of opposition party leaders for crimes against
the security of the State during the February 16 riots.  Police
charged 150 persons arrested on February 24 with threatening
state security during these riots.  They included three sitting
members of the legislature, the head of the Senegalese
Democratic Party (PDS) Abdoulaye Wade, the Secretary-General of
the And/Jef-pads opposition party Landing Savane, Deputy Pape
Omar Kane, Pape Malick Sy, uncle of the jailed Moustarchidine
leader Moustapha Sy, and over 100 supporters of the
Moustarchidine religious sect.  The court never ruled whether
the arrests of the Deputies violated their parliamentary
immunity, which only the National Assembly has the power to
waive.  The State avoided the issue by relying on a law known
as "Flagrant Delit" (caught in the act) which the prosecution
claimed made it unnecessary to waive the deputies' immunity
before charging them.  The defendants remained in jail from
February 18 until July 4.  The Government released them after
they began a hunger strike on June 30 to protest its failure to
set a trial date.  On August 30, the court dismissed charges
against Wade and the five codefendants.  The court ordered that
the case go forward against 25 others who are members of the
Moustarchidine Movement and against Moustarchidine leader
Moustapha Sy (who was in jail on other charges at the time the
riots took place).  The 25 Moustarchidine defendants received
fines of up to $500.  All have been released from prison.
Warrants, issued by judges, are required for arrests.  Police
may legally hold without charge a person suspected of a crime
for 48 hours after arrest and for up to 72 hours if ordered by
a public prosecutor.  This period may be doubled in the case of
crimes against the security of the state.  The prosecutor
decides whether or not to proceed with the case.  If so, it is
forwarded to a judge of instruction who can open an
investigation.  At this point the suspects are preliminarily
charged.  They may be held over without bail or released on
their own recognizance.
The law grants the police broad powers to detain prisoners,
frequently without cause or explanation.  During temporary
detention, the prisoner has no access to family or an attorney,
but is allowed to ask for examination by a medical doctor.
Once a prisoner is charged, both are permitted visits.  Custody
is valid for 6 months, extendable for 6 additional months if
the investigating magistrate certifies that more time is
required.  Extensions of custody are permitted when civil
authorities determine that there is a threat of civil unrest or
that a person is a danger to himself or others.  Such
extensions may be reviewed by a court on appeal from the
accused's attorney.
Such procedures raise serious questions about the presumption
of innocence.  In principle, the accused is innocent until
proven guilty, and when brought to trial it is the State's
burden to prove that the accused is guilty of the charges
against him.  The detention process, however, virtually
presumes guilt.  Police are given the benefit of the doubt and
may detain a prisoner for long periods of time while they
investigate and build a case against him.  The first 6 months
of custody are virtually unchallengeable.  Beyond 6 months, the
accused may appeal to a court to end custody.  Authorities may
and routinely do hold prisoners in custody unless and until a
court demands their release.
Exile is not used as a means of political control.
     e.  Denial of Fair Public Trial
The Constitution calls for a judiciary independent of the
executive, the legislature and the armed forces.  However, low
pay, poor working conditions, and family and political ties
continue to leave magistrates vulnerable to outside pressures.
Except as noted in Section 1.d., defendants are legally
presumed innocent until proven guilty.  Trials are public, and
defendants have the right to be present in court, to confront
witnesses, to present evidence, and to have a defense
attorney.  In practice, however, some defendants are denied
legal assistance at public expense due to lack of funding.
Hearings for evidence can be closed to the public and the
press, as was the case with the March 17 hearings for
opposition leaders Wade and Savane.
A panel of judges presides over ordinary courts.  In criminal
cases, ordinary citizens also serve on the panel.  Three courts
created in May 1992 to replace the Supreme Court remain
understaffed and only partly functional.  There are three other
categories of special courts, two of which have rarely met,
namely the High Court of Justice, created for the sole purpose
of trying senior government officials for treason or
malfeasance, the Court for the Repression of the Unlawful
Accumulation of Wealth, and the Military Court System.
Military courts may not try civilians.  The right of appeal
exists in all courts except military courts and in the special
"Illegal Enrichment" court.
In politically sensitive cases, the Minister of Justice has a
great deal of authority in scheduling trials.  The prosecution
also has a substantial ability to delay cases.
The cases of PDS Deputy Mody Sy and PDS financial counselor
Samuel Sarr, two of the alleged conspirators in the May 1993
assassination of Judge Babacar Seye, are particularly egregious
examples of judicial delay.  Sy and Sarr were jailed in May
1993.  On May 26, 1994, a lower court dismissed charges against
them, along with PDS Secretary-General Abdoulaye Wade, his wife
Viviane, and PDS Deputy Ousmane Ngom.  The Attorney General
appealed the ruling, and, despite constitutional appeals to the
contrary, Sy and Sarr remained in jail awaiting higher court
(Cour de Cassation) review.  They were released from detention
on June 27 after a 6-day hunger strike.  The High Court
affirmed the dismissal of charges on September 6.  The Court
ruled that charges should go forward against Pape Diakhate,
Cleodore Sene, and Assane Diop, the alleged assassins, who have
been in jail since May 1993.  The Court sentenced the three on
October 9 to 18, 18, and 20 years, respectively, at hard labor.
Moustapha Sy, Moustarchidine religious leader, was convicted
for incitement to riot and offenses against the Head of State.
Sy was sentenced to 1 year in prison on January 14 and fined
approximately $4,000.  The incident stemmed from a speech
before a PDS rally in October 1993.  Sy refused to testify at
his trial, charging that he had committed no crime.  Because of
his refusal to appear at trial, Sy's lawyers were barred from
representing him.  President Diouf pardoned Sy on September 12.
There were no political detainees or prisoners at the end of
1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution prohibits arbitrary invasion of the home, and
there was little government interference in the private lives
of citizens, particularly in the rural areas.  Normally, search
warrants are required and only judges may issue them.  In
practice, however, searches without warrants occasionally take
place.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
While the Constitution provides for freedom of speech and
press, the press is restricted by laws prohibiting the
expression of views which "discredit" the State, incite the
population to disorder, or disseminate "false news."  For
example, religious leader Moustapha Sy was convicted under this
law on January 1 for statements he allegedly made during a
political meeting (see Section l.e.).
In 1994 numerous daily and weekly independent newspapers
continued circulation unhindered.  A broad spectrum of thought
and opinion is available through regularly published magazines
and newspapers.  Until the debut of Senegal's first independent
radio station, SUD-FM in July, the Government controlled the
broadcast media not through self-censorship but by licensing
arrangements.  Prior to the establishment of SUD-FM, two other
radio stations provided mostly international news.  The
Government continued to operate the country's only television
station.  Two French cable channels offer entertainment but no
local news coverage.
Political views expressed in the independent press are often
critical of the Government and its programs.  Government
officials, politicians, and political parties are not immune.
Publishers are required to register with the Central Court
prior to starting publication, but the Government routinely
approves such registrations.  Publications, including foreign
publications critical of the Government, were neither censored
nor banned.  In fact, the Government interceded to get charges
against the editor of Jeune Afrique magazine dismissed, and a
court-ordered 1-year ban against the journal's distribution in
Senegal overturned.
Academic freedom is respected.
     b.  Freedom of Peaceful Assembly and Association
The Government requires prior authorization for public
demonstrations.  After eight persons died during the February
riots, the Government severely restricted the constitutional
rights of assembly and association, including banning all
activities of the Moustarchidines.  It permitted only two
public demonstrations by political opposition parties since
that time.
Senegalese wishing to form associations must register with the
Ministry of Interior.  Business-related associations are
registered with the Ministry of Commerce.  By law and in
practice, the Ministry of Interior must register such groups so
long as the objectives of association are clearly stated and do
not violate the law.
     c.  Freedom of Religion
Senegal is a secular state, and freedom of religion, a legal
right, exists in practice.  Islam is the religion of 94 percent
of the population, but citizens also practice other religions
freely.  Missionary activity is permitted, and foreign
Christian missionaries are active in several regions of the
country.  Conversion is permitted, and there is no
discrimination against minority religions.
In theory, adherence to a particular religion confers no
official advantage or disadvantage in civil, political,
economic, military, or other matters.  In practice, membership
in an Islamic sect may afford certain political and economic
protection.  The Moustarchidines had supported the Democratic
party, including holding protest marches.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides all citizens the right to travel and
establish themselves freely anywhere in Senegal, a right
respected in practice.  Exit visas are not required for travel
outside the country.
There is no restriction on emigration, and repatriates are not
disadvantaged on their return to Senegal.  A Senegalese citizen
by birth may not have his citizenship annulled for any reason.
The Government may revoke the citizenship of a naturalized
citizen if it is proved in a court of law that the person had
obtained citizenship fraudulently or was convicted of a crime
while a citizen for less than 15 years.
Ethnic violence against Senegalese in Mauritania and
Mauritanians in Senegal in 1989 resulted in the suspension of
relations between the two countries and the repatriation of
thousands of Senegalese and Mauritanian nationals.  Senegal
accepted its own nationals and provided asylum to Afro-
Mauritanians expelled by the Government of Mauritania.
Approximately 52,000 refugees from Mauritania remain in
Senegal.  Of this number, several thousand circulate freely,
and the majority have settled along the bank of the Senegal
River on the border of the two countries.
Refugees have freedom of movement and are not subject to forced
repatriation.  While relations between the Governments of
Senegal and Mauritania were reestablished and borders reopened
in 1992, the two countries had not resolved the issue of
voluntary repatriation for Mauritanian refugees by year's end.
Most of the 13,600 Senegalese refugees in Guinea-Bissau who
fled the violence in the Casamance region of Senegal have been
able to remain in Guinea-Bissau due to economic and ethnic
integration, while observing whether the Casamance peace will
endure.  About half of the nearly 3,500 Senegalese refugees who
fled to the Gambia have returned to the Casamance region.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Senegalese have the constitutional right to change their
government through periodic multiparty elections.  However, the
Socialist Party's domination of political life--it has held
power since independence--has called into question the extent
to which citizens can exercise that right.
The PS holds 84 of the 120 Assembly seats, and the PDS 27.
Four other opposition parties divide the remaining nine seats.
The 1992 Electoral Code introduced the secret ballot and
lowered the voting age to 18 years.  In August the National
Assembly approved changes to the Electoral Code that eliminated
"Ordonnances," a much-abused process that allowed individuals
to vote who, among other things, claimed their identification
cards had been lost or stolen.
There are no legal impediments to women's participation in
government and politics, but several de facto impediments
exist.  Only 2 of the 29 ministers who make up the President's
Cabinet are women.  There are no women heading political
parties, and only 9 deputies in the 120-member National
Assembly are women.  Their lower representation reflects not
only disparity in education (see Section 5), but also cultural
pressures, since ministers appointed by the President and
Deputies owe their election to the National Assembly to their
ranking on party voting lists.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are at least eight local human rights associations.  All
are free to criticize the Government publicly.  The Government
allows international human rights groups to investigate
allegations concerning human rights abuses and generally
responds to requests for information about allegations.
However, the Government still failed to undertake a formal
investigation after Amnesty International asked it to look into
the May 1993 charges by Mody Sy that he was tortured after
arrest (see Section l.c.).  In response to an Amnesty
International inquiry into the death of Lamine Samb while in
custody, the Government denied responsibility (see Section l).
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution states that "men and women shall be equal in
law."  Officially, there is no discrimination based on race,
religion, sex, or language, but de facto discrimination against
women is pervasive.
     Women
Despite constitutional provisions, women face extensive
societal discrimination, especially in the rural areas where
Islamic and Senegalese customs, including polygyny and Islamic
rules of inheritance, are strongest and where women are
confined to traditional roles.  There is no legal
discrimination against women in the law of inheritance.  In the
countryside, women perform much of the subsistence farming and
child-rearing and have only very limited educational
opportunities.  Traditional practices, for example, make it
difficult for women to acquire sufficient collateral to obtain
bank credit.  According to a U.N. study, only 20 percent of
women are in paid employment.  Women usually marry young (the
majority by age 16 in rural areas), average seven live births,
and die relatively young.  About half of all Senegalese women
live in polygynous unions.  Despite Government encouragement,
there is still much discrimination against females in
educational opportunities.  Overall, females receive less than
one-third the schooling received by males.
In urban areas, women are active in government, political life,
and business--although few are in top positions.  The
Government has made some efforts to increase respect for
women's legal rights to divorce, alimony, child support, and
employment, but it still does not enforce these rights
effectively, particularly in rural areas.  In general, women
receive equal pay for equal work.
There are credible reports that violence against women, usually
wife beating, is common, particularly in rural areas.  Police
do not normally intervene in domestic disputes, and women are
reluctant to go outside the family for redress.  Rape is viewed
as a very serious crime, and rape cases that come to trial have
produced convictions.  The law stipulates that persons
convicted of rape may be imprisoned up to 10 years, and more if
the victim is a minor.
     Children
The Ministry of Women, Children, and the Family, established in
1990, has the responsibility for promoting children's welfare.
Organizations active in support of children's rights include
UNIFEM, the Senegalese Association for Education and the
Promotion of Human Rights, and the Inter-African Committee on
Traditional Practices Affecting the Health of Women and
Children.
There are no laws or regulations prohibiting female genital
mutilation (FGM), which has been condemned by international
experts as damaging to both physical and psychological health.
FGM is not practiced by Senegal's largest ethnic group, the
Wolofs, but it is performed on girls belonging to other ethnic
groups.  According to an independent expert, the percentage of
girls who have undergone this procedure may be as high as 50
percent.  Infibulation, the most extreme and dangerous form of
genital mutilation, is practiced by the Toucouleur and Peulh
ethnic groups.  Perhaps 6 percent of women have undergone this
procedure.  Among its other activities, the Ministry of Women,
Children, and the Family promotes programs to educate women to
the dangers of genital mutilation.
     People with Disabilities
There is no overt discrimination against the handicapped.  In
practice, persons with physical disabilities are unable to
participate in almost all mainstream occupations due to
physical barriers and lack of equipment that would make such
participation possible.  There are no laws or regulations that
mandate accessibility.
Section 6  Worker Rights
     a.  The Right of Association
All workers have the right of association and are free to form
or join unions.  A minimum of seven persons, each having worked
within the trade for at least 1 year, may form a trade union by
submitting a list of members and a charter to the Ministry of
Interior.  Not all unions, however, succeed in gaining
recognition, and the Ministry may disband a union if its
activities deviate from its charter.  The Labor Code does not
apply to the informal and agricultural sectors.
Although unions sometimes fail to obtain initial recognition,
once received, the Government virtually never withdraws it.
Even though they represent a small percentage of the working
population, unions wield significant political influence
because of their ability to disrupt vital sectors of the
economy.
The small industrial component of the total work force of 3.9
million is almost totally unionized.  The only union in the
agrarian sector is one representing the workers employed at the
Senegalese Sugar Company.
The National Confederation of Senegalese Workers (CNTS), the
largest union organization, has close ties to the ruling PS,
and union members hold a considerable number of government
positions as well as 12 of the PS seats in the National
Assembly.  While ostensibly an independent organization, the
umbrella CNTS has supported Government policies.
The rival to the CNTS is the National Union of Autonomous Labor
Unions of Senegal (UNSAS).  The UNSAS is a federation of
strategically important unions, such as those of electricians,
telephone and telegraph workers, teachers, water technicians,
hospital and railroad workers, and sugar producers.  The UNSAS
reportedly has no specific political orientation.
The Constitution and the Labor Code provide for the right to
strike, but with restrictions.  Unions representing members of
the civil service must request permission to strike 1 month in
advance, and private sector unions must request permission 3
days in advance.  The Government has the right to approve or
disapprove a strike request.  Separate strikes by the Union of
University Professors and the Students' Union led to the
Government's decision to invalidate the 1993-4 academic year at
the University of Dakar.
The Labor Code permits unions to affiliate with international
bodies.  The CNTS is active in regional and international labor
organizations and is the dominant Senegalese member of the
Organization of African Trade Union Unity.  The UNSAS is not so
affiliated.
     b.  The Right to Organize and Bargain Collectively
Unions have the right by law to organize and to bargain
collectively, and these rights are protected in practice.
There are also legal prohibitions governing discrimination by
employers against union members and organizers.  Employers
found guilty of antiunion discrimination are required to
reinstate workers.  There were no known instances in which
workers were forcibly discouraged from exercising the right to
organize and bargain collectively.  The Ministry of Labor can
intervene in disputes between labor and management if
requested, and plays a mediation and arbitration role in the
private and state enterprise sectors.
Labor laws apply in principle to all industrial firms,
including those in the export free zone in Dakar.  However,
firms operating in the free zone and those eligible for
benefits under the investment code enjoy certain exceptions to
the Labor Code.  Unlike other businesses in the formal sector,
these firms do not need prior government authorization to
dismiss employees, and they may hire workers on renewable
temporary contracts for a period of up to five years.
     c.  Prohibition of Forced or Compulsory Labor
There were no reports of forced labor, and it is prohibited by
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16 years for apprenticeships
and 18 for all other types of work.  Ministry of Labor
inspectors closely monitor and enforce these restrictions
within the formal wage sector, which includes state-owned
corporations, large private enterprises, and cooperatives.
On the other hand, children under 15 frequently work in the
much larger traditional or informal sector, such as family
farms in rural areas or in small businesses, where the
Government does not enforce minimum age and other workplace
regulations.
     e.  Acceptable Conditions of Work
Legislation mandating a monthly minimum wage has been in force
since the country's independence in 1960.  The Ministers of
Labor and Finance determine wage rates after negotiating with
the unions and management councils.  The minimum hourly wage of
less than $0.50 (about 200 CFA) is not adequate to support a
worker and family.  Following the devaluation of the CFA franc
in January, unions and Government failed to reach an agreement
on an increase in the minimum wage.  Other salaries, depending
on the sector and level, were increased by 10 to 30 percent.
Within the formal economic sector, the law mandates: a standard
workweek of 40 to 48 hours for most occupations, with at least
one 24-hour rest period, 1 month per year of annual leave;
enrollment in Government systems for social security and
retirement; safety standards; and a variety of other measures.
These regulations are incorporated into the Labor Code but are
supervised by inspectors from the Ministry of Labor.
Enforcement, however, appears to be uneven, especially outside
the formal sector.
There are no explicit legal protections for workers who file
complaints about unsafe conditions.  While there are legal
regulations concerning workplace safety, government officials
do not often enforce them.
SERBIA_A1
hfhfTITLE: SERBIA-MONTENEGRO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                       SERBIA-MONTENEGRO
The United States and the international community do not
recognize Serbia-Montenegro as the successor state to the
former Yugoslavia and have suspended the "Federal Republic of
Yugoslavia" ("FRY") from participation in the United Nations,
the Conference on Security and Cooperation in Europe (CSCE),
and other international organizations.
Serbia-Montenegro is dominated by Slobodan Milosevic, who is
serving his second 5-year term as President of Serbia.  He
controls the country through his Socialist Party of Serbia
(SPS), which lacks majorities in both the "Federal" and Serbian
Parliaments but holds the key administrative positions.  The
SPS abolished the political autonomy of Kosovo and Vojvodina in
1990, and all significant decisionmaking since that time has
been centralized under Milosevic in Belgrade.
As a key element of his hold on power, Milosevic wields strong
control over the Serbian police, a heavily armed force of
perhaps 100,000 which is guilty of extensive, brutal, and
systematic human rights abuses, including extrajudicial
killings.  Another important factor in Milosevic's rise to
power and almost total domination of the Government is his
control and manipulation of the media.  Freedom of the press is
greatly circumscribed.  The Government discouraged independent
media and resorted to surveillance, harassment, and eventual
suppression to inhibit the media from reporting its repressive
and violent acts.  At year's end, the Government's legal moves
against a major independent newspaper threatened to still its
voice.  Police elements routinely monitor opposition leaders,
human rights workers, and political dissidents.
In addition to the absolute power which Milosevic wields over
Serbia-Montenegro, until August his Government actively
fostered violence in Bosnia and Herzegovina by providing
military, economic, political, and moral support to ethnic
Serbs responsible for massive human rights abuses including
"ethnic cleansing."  The Government of Serbia-Montenegro
announced at that time that it would stop the flow of all
nonhumanitarian aid across its boundaries into Bosnia and
Herzegovina; in September, it allowed the deployment of a
mission sponsored by the International Conference on the Former
Yugoslavia (ICFY) to observe adherence to border controls.  In
return, the United Nations Security Council voted to suspend
temporarily some of the sanctions previously imposed on
Serbia-Montenegro so long as ICFY observers continue to verify
that the border remains closed.
U.N. economic sanctions continued to impact the economy for the
third successive year.  An economic stabilization program
introduced in January succeeded in bringing hyperinflation
under control, but by year's end the program was beginning to
show serious cracks.  The hard currency black market had
reappeared, consumers struggled under the double burden of high
prices and a shortage of local currency, unemployment continued
at levels in excess of 50 percent, and independent labor unions
tried unsuccessfully to mobilize labor protests.  The net
results were the reduction of a once thriving middle class to
near subsistence levels and concomitant increases in crime,
including organized drug trafficking.
The Government continued to inflict egregious abuses on the
one-third of the population who are not ethnic Serbs, and
repressed voices of opposition in the ethnic Serb community as
well.  Government officials carried out sanctioned extrajudicial
killings, torture, brutal beatings, arbitrary arrest, and a
general campaign to keep the non-Serb populations repressed.
While an atmosphere of fear and violence pervades all of
Serbia-Montenegro, the ethnic Albanians of Kosovo and the
Muslims of Sandzak suffer the heaviest abuses.  Repressive acts
against these minorities increased dramatically after the
Government refused to extend the mandate of the CSCE monitoring
missions in 1993.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Political violence in Serbia-Montenegro, including killings by
police, resulted mostly from direct and indirect efforts by
Serbian authorities to suppress and intimidate ethnic majority
groups.  Leaders of minority communities in Kosovo and Sandzak,
and to a lesser extent Vojvodina, reported numerous acts of
violence and intimidation aimed at repressing non-Serbs and
Muslims.  The level of violence was most severe in the Albanian-
populated region of Kosovo, where police repressed expressions
of political and community life, and in the Muslim-populated
region of Sandzak, where "ethnic cleansing" continued, with
homes inhabited by Muslims being turned over to Serbs.
According to the Council for the Defense of Human Rights and
Freedoms (CDHRF), a monitoring organization based in Pristina,
Kosovo, 17 ethnic Albanians were killed by police during the
year; 11 of them were shot by police, and the others died while
in police custody, reportedly due to mistreatment or beatings.
In most cases, the authorities claimed that those killed were
shot while fleeing or resisting arrest.  Police, however,
appear to have resorted to deadly force with little or no
attempt to apprehend the alleged suspects by other means.  A
Serbian police officer in July shot and killed a 6-year-old
ethnic Albanian boy, Fidan Brestovci, while he was riding in
his parents' car.  The officer later claimed he had mistaken
the car for one driven by a wanted felon.
In March, following an argument in a Kosovo Polje restaurant, a
Serbian police officer shot and killed Faik Maloku and
seriously wounded Xhevat Bejzaku.  Maloku evidently failed to
produce a personal identity card on demand.  The officer was
detained for investigation, but no formal charges were filed
against him.  In early August, a large Serbian police
contingent killed Hasan Ramadani, a former political prisoner,
while searching his house in Podujevo for illegal weapons.  In
September, when violence broke out in the town of Decani during
a police raid on market day, Serbian police fired
indiscriminately, according to eyewitnesses, and killed a young
Albanian mother of two while she was watching from a window.
     b.  Disappearance
The reduced level of paramilitary activity in Serbia-Montenegro
led to a sharp drop in the number of kidnapings and
disappearances.  Human rights agencies reported no new cases of
disappearance or officially sanctioned kidnaping.
In May Serbian authorities "extradited" the notorious
paramilitary figure Milan Lukic to Bosnian Serb authorities in
the "Serbian Republic" (RS) where he is believed to have been
set free.  Lukic was scheduled to stand trial for his role in
the Strpci kidnapings in February 1993 when 17 ethnic Muslims
and 2 Croats were taken from the Belgrade-Bar train as it
crossed a narrow strip of Bosnian territory.  None of those who
disappeared have been heard from.  Paramilitary forces are
presumed to have murdered them, but their families continued to
petition the Government for information on their fate.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
While the law prohibits torture, police in Serbia routinely
beat people severely when holding them under detention or
stopping them at police checkpoints, especially targeting
ethnic Albanians.  According to human rights agencies, police
beat thousands of Kosovar Albanians and Sandzak Muslims during
searches for illegal weapons, and extracted "confessions"
during interrogations that routinely included beating the
suspects' feet, hands, and genital areas with fists and
nightsticks, use of electric shocks, and verbal intimidation.
In late November, Ismail Raka, an ethnic Albanian from Kaganik
in southeast Kosovo, died while in police custody.  His family
was told he had committed suicide by jumping from a fifth-floor
window; photographs of his body show evidence of torture and
severe beatings.  Sabit Vllahia died in Podujevo in early
December, and Hasan Cubolli, age 81, died in Podujevo on
December 27 while being held by the Serbian police.
The use of excessive force in Kosovo and Sandzak was both
routine and capricious.  Police allegedly beat Sylejman Bytuqi
when they raided his home in Malisheva and found an
unregistered gun.  Four days later, local police severely beat
Mustafe Rukovci in Gnjilane after failing to uncover any
weapons in a search of his home.  Serbian police beat and
harassed the family members of suspected political activists or
those they believed to be in possession of illegal weapons.
Apparently confident there would be no reprisals, police often
beat their victims in public view or in front of their
families.  On February 21, police reportedly searched the house
of Ibrahim Havoli, an ethnic Albanian, and, because Havoli was
not at home, beat his brother.  Amnesty International reported
that 2 days later, 40 police officers searched the home of
Shemsi Gashi in Pristina, brutally beating him, his 2 sons, and
2 guests in front of the rest of the family.  In Pec, police
took an ethnic Albanian secondary student off a school bus in
April, beat him, and carved Serbian nationalist symbols into
his chest.
Police allegedly told one beaten man that they would drop
criminal charges against him if he signed a statement saying he
had not been beaten.  They warned another one that he would
have trouble with notorious paramilitary leaders Zeljko "Arkan"
Raznjatovic and Vojislav Seselj if he talked.  In May police in
Kosovo stopped two men for no apparent reason as they drove
their children to school and beat them so severely they were
hospitalized for 3 days.  When it turned out that the men were
ethnic Serbs, officials at all levels demanded that proceedings
be started against the police.
Prior to 1994, the Government of Montenegro had generally
displayed more tolerance toward its ethnic minorities than had
its Serbian counterpart.  In February and March, however,
Montenegrin police beat and tortured 25 Sandzak Muslims active
in the Party of Democratic Action (SDA) whom they had arrested
on a variety of weapons charges.  According to defense lawyers,
Harun Hadzic was beaten for 48 hours without a break, given
electric shocks, and forced to wear a painfully hot asbestos
cap.  Police beat Hadzic and the other victims with truncheons,
making them count the number of blows out loud, tied them to
radiators, deprived them of food, water, and sleep, and
threatened to kill them.  Police allegedly forced a truncheon
first into Avdea Ciguljin's anus and then into his mouth.
Sandzak Muslim political leaders and human rights activists
believed the beatings were aimed at creating a climate of fear
in the Muslim community to destroy the SDA and ultimately alter
the demographic balance in the region by causing Muslims to
flee.
In the Sandzak region, Serbian authorities were similarly
abusive.  The Humanitarian Law Fund (HLF), a Belgrade-based
human rights organization, documented numerous instances in
which local authorities used torture and physical abuse during
a series of massive house-to-house searches carried out in
Prijepolje between January 27 and February 17.  Many of those
beaten singled out district chief Mileta Novakovic as having
been particularly brutal.  Some beatings were clearly
politically motivated.  One victim told an HLF representative
that his interrogation began with a berating for his political
activities followed by a severe beating.  Fadil Osmanovic, a
teacher and vice president of the SDA in Berane, committed
suicide after being tortured at a police station and ordered to
report to the police again.  In May police beat Mustafa Dzigal
in a Novi Pazar prison after questioning him about his contacts
with CSCE representatives.
Nearly 100 Kosovar Albanians and Sandzak Muslims have been
convicted over the past 2 years and are serving prison terms on
the unsubstantiated grounds of conspiring to undermine the
integrity of the State.  Insofar as the real grounds for these
charges appear to have been that these persons were active in
ethnic Albanian and Sandzak Muslim political parties, they may
be said to have been prosecuted for their political associations
rather than for criminal activity.
     d.  Arbitrary Arrest, Detention, or Exile
Federal law permits police to detain suspects without a warrant
and hold them incommunicado for up to 3 days without charging
them or granting them access to an attorney.  After this
period, police must turn a suspect over to an investigative
judge, who may order a 30-day extension and, under certain
legal procedures, subsequent extensions of investigative
detention up to 6 months.  Police routinely held suspects well
beyond the 3-day statutory period.  It is generally during this
initial period that detainees experience the worst treatment
and abuse.  During investigative detention, detainees
theoretically have access to legal counsel, although in
practice access is only occasionally granted.
Defense lawyers in Kosovo and Sandzak have filed numerous
complaints about flagrant breaches of standard procedure which
they believed undermined their clients' rights.  The courts
ignored those complaints.  In November and December, police
began a massive roundup of some 200 ethnic Albanian former
members of police and security forces in Kosovo.  Lawyers
reported that most of those detained were subjected to harsh
beatings and electric shock torture, held longer than the law
permits before charges were brought, and subjected to more
beatings after appearing in court.
A group of 25 Montenegrin Sandzak Muslims arrested between
January 26 and March 20, most of them active in the SDA, were
held without charge for longer than the law allows.  They were
not allowed to contact defense lawyers until February 8, when
the high court in Bijelo Polje, Montenegro, overturned a ruling
by the investigative judge that suspended their right to
counsel.  In the interim, police interrogated the defendants in
the absence of their lawyers and, after subjecting them to
brutal physical torture including the use of cattle prods,
obtained incriminating statements from them.  In June the
Montenegrin investigative judge widened the scope of the
investigation to include another 12 suspects, further delaying
the trial date.  On December 28, 21 defendants were sentenced
to prison terms ranging from 2 to 7 years for "attempting to
undermine the territorial integrity of the State."  The head of
the Party of Democratic Action (SDA) in Montenegro, Hajrun
Hadzic, received the stiffest sentence of 7 years, to begin
immediately rather than after the appeals process.
Defense lawyers and human rights workers have also complained
of excessive delays in filing formal charges and opening
investigations.  The ability of the defense to challenge the
legal basis of their clients' detention was further hampered by
the difficulty they encountered in gaining access to copies of
the official indictment and the decision to remand the defendant
into custody.  In some cases, prosecutors have failed to share
material evidence with the defense in a timely fashion, and
judges have prevented defense attorneys from reading the court
file.  The investigative judges, formally responsible for every
aspect of the investigation, often delegate most or all
responsibility to the police or state security service.
Although this is allowed under law, the free hand given to the
police often reduced the role of the investigative judge to one
of pure formalism.  Defense lawyers frequently complained of
difficulty in gaining access to their clients, even during
questioning by the investigative judge, a restriction rarely
placed on public prosecutors.
In a country where the majority of ethnic Serbs are armed,
police selectively enforce the laws regulating the possession
and registration of firearms so as to harass and intimidate
ethnic minorities.  Serbs are rarely, if ever, charged with
similar crimes although they are equally well armed, generally
with illegal or unregistered weapons.  An exception occurred in
September when Serbian President Milosevic moved against
members of the ultranationalist Serbian Radical Party (SRS).
One SRS parliamentary deputy, Vakic, was stripped of his
parliamentary immunity for illegal possession of explosives and
automatic weapons.
Often, police in Sandzak and Kosovo simply order a member of an
ethnic minority to turn in a certain weapon and a specified
number of bullets within a set time, on threat of detention or
torture.  The victim, if not in possession of a weapon, is
generally forced to purchase one on the black market in order
to turn it in to the police.  Police do not similarly harass
ethnic Serbs, and despite high crime rates arrests of Serbs for
possession of illegal weapons are rare.
In January Serbian police arrested Rivzat Halilovic, leader of
a faction of the Macedonian Party of Democratic Action while he
was in Serbia, on highly suspect charges of espionage.  The
"secret maps" that he was accused of handing over to Pakistani
agents could be purchased at any Belgrade book store.
In Kosovo, Serbian police continued a policy of frequent,
arbitrary detention of political activists.  Following a
concert in Urosevac commemorating the death of 5 ethnic
Albanians in violent clashes with police, Serbian authorities
ordered the arrest of some 40 of those present, including
prominent members of several local branches of the Democratic
League of Kosovo (LDK).  The police allegedly beat them in the
course of interrogation.  The arrests were designed strictly to
intimidate and were not connected to the concert in any way.
On February 4, three unidentified men kidnaped Veljko Dzakula,
a former "vice president" in the self-proclaimed "Republic of
Serbian Krajina" (RSK), from a busy street in downtown
Belgrade.  The night before his disappearance, he gave an
interview to independent television Studio B highly critical of
the Yugoslav army.  Five days after he disappeared,
representatives of the RSK "interior ministry" admitted to
holding Dzakula in Glina prison on charges of espionage.  A
Belgrade-based human rights lawyer claimed that Serbian police,
working closely with the RSK state security service, kidnaped
Dzakula and "extradited" him to the "RSK" without allowing him
to defend himself.  Although the territory of the "RSK" is
internationally recognized as a part of Croatia, Dzakula was
charged with a crime under the "FRY" Criminal Code.
Exile is neither legally permitted nor routinely practiced.  No
specific instances of the imposition of exile as a form of
judicial punishment are known to have occurred.
     e.  Denial of Fair Public Trial
The authorities frequently deny this right to non-Serbs and to
persons they believe oppose the regime (see below).
The court system comprises local, district, and supreme courts
at the republic level, and a Federal Supreme Court to which
republic Supreme Court decisions may be appealed.  There is
also a military court system.  According to the Federal
Constitution, the Federal Constitutional Court rules on the
constitutionality of laws and regulations, relying on the
republic authorities to enforce its rulings.  The Federal
Criminal Code of the former Socialist Federal Republic of
Yugoslavia still applies.
Under federal law, defendants have the right to be present at
their trials and to have an attorney, at public expense if
needed.  Both the defendant and the prosecutor may appeal the
verdict.
Article 116 of the Yugoslav Criminal Code, which allows for
sentences of up to 10 years for "undermining the territorial
integrity of the Federal Republic of Yugoslavia," is often used
selectively to convict Kosovar Albanians and Sandzak Muslims on
flimsy or circumstantial evidence.  In February Kosovo district
courts sentenced more than 30 ethnic Albanians to terms ranging
from 1 to 10 years under Article 116 for allegedly organizing
"illegal defense forces" under an independent Republic of
Kosovo.  According to Amnesty International, defense lawyers
complained that statements taken during interrogation--and
subsequently used in prosecuting the Kosovar Albanians--were
solicited under severe physical and psychological pressures.
Delays and seemingly arbitrary changes in the charges similarly
marred the ongoing trial of another group of 25 Muslim
political activists on weapons charges in Novi Pazar, Serbia.
Defense lawyers did not deny that their clients were in
possession of illegal arms but maintained that the laws were
being selectively enforced and used as a means of intimidating
the Sandzak Muslim community.  The trial ended in a conviction,
but the original weapons charges were suddenly changed to the
more serious criminal charge of attempting to undermine the
territorial integrity of the State.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Federal law gives republic ministries of the interior sole
control over the decision to monitor potential criminal
activities, a power routinely abused.  Authorities regularly
monitored opposition and dissident activity, eavesdropped on
conversations, read mail, and tapped telephones.  In December
human rights advocates objected to an announcement by the
Federal post office that it had been registering all mail from
abroad, ostensibly to protect mail carriers from charges of
theft.
Although the law includes restrictions on searches, officials
often ignored such restrictions.  In Kosovo and Sandzak, police
systematically subjected ethnic Albanians to random searches of
their homes, vehicles, and offices, asserting they were
searching for weapons.  The CDHRF reported that in the first 3
months of 1994 police searched over 1,000 Kosovar Albanian
homes, often physically abusing the inhabitants.
As an example of such methods, on a typical day in Kosovo (July
22), police raided Hetmen and Nezir Makolli's Pristina home and
seized a licensed hunting rifle, searched the home of Hysen
Hasani and his sons in Lipljan, and raided the home of Hasan
Fetaj in Suva Reka, threatening to draft him into the Yugoslav
army.  Similar scenes were repeated thousands of times in
Kosovo and Sandzak.
In January and February, police conducted a series of massive
house-to-house searches in Prijepolje (Sandzak).  Police also
routinely stopped private vehicles in Kosovo and Sandzak and
searched them and the passengers without probable cause.
Authorities often confiscated foreign currency from drivers and
passengers, although it is not illegal to possess foreign
currency.
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
The Government's decision to close the border with Bosnia in
August, exempting only food, clothing, and medicine, was an
implicit acknowledgement of the support it has provided to the
Bosnian Serbs and their policy of ethnic cleansing since the
beginning of the Bosnian war.  (See the report on Bosnia and
Herzegovina for an account of excessive force and violations of
humanitarian law which the Milosevic regime consistently aided
and abetted.)  There were numerous credible reports of Yugoslav
army units operating in eastern Bosnia as "volunteers."
Following the downing of four Galeb-type planes by NATO forces
in February, an obituary of one of the pilots appeared in the
major Serbian daily Politika.  Although Serbian authorities
officially denied any involvement in the incident, the obituary
announced that the pilot, a Montenegrin citizen, died fighting
for his country--"Greater Serbia."
In Serbia itself, authorities frequently subjected members of
ethnic minorities to intimidation, with the goal of provoking
their emigration.  Ethnic Albanians and Muslims were severely
punished for even the slightest violation of laws that were
selectively enforced by Serbian police and judicial
authorities.  Harassment and intimidation of ethnic Croats in
the multiethnic province of Vojvodina continued.  Documented
incidents of harassment and intimidation of ethnic minorities
in Vojvodina were at lower levels compared with previous years,
but the official statistics provided little comfort to those
who still retain bitter memories of forced conscription and
physical abuse from the recent past.  While overt forms of
harassment were down, ethnic Croats and Hungarians complained
about more subtle forms of abuse, including alleged plans by
the Serbian government to alter the ethnic composition of
communities by forcibly resettling Bosnian and Croatian Serb
refugees.  In February a self-described "Chetnik" held Sinisa
Vidakovic at gunpoint and threatened to kill him if he and his
family did not move out of town.  In Sremska Kamenica on May 7,
an unknown person threw several crude, home-made bombs at the
residences of local Croats.  A similar bomb exploded in front
of the Franciscan church in Subotica in June.  Local
authorities did little to investigate the incidents.
Although Serbian authorities prosecuted one former paramilitary
leader for crimes committed in Bosnia and claimed to be about
to charge others, many other known and suspected war criminals
were never the targets of a formal investigation.  Some
individuals suspected of criminal activity connected to the
conflict in Bosnia and the earlier war with Croatia hold
prominent positions in the Serbian, Montenegrin, or "FRY"
governments.  Other suspected war criminals serve as members of
Parliament.
SERBIA_A2
mTITLE: SERBIA-MONTENEGRO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and the Press
Although freedom of press and speech is provided for under law,
this right is not respected in practice.  Republic authorities
use provisions of the Federal Criminal Code to restrict freedom
of speech.  For instance, the person of the President is
protected by law from criticism.  Federal laws are being used
to overturn privatization processes and subvert independent
media into state controlled media (Borba and Studio B).
Federal law has also been used to set up progovernment radio
and television stations run by local party heads throughout
Serbia.  The regime controls frequency allocations for
broadcasters and has enormous influence on supplies and
revenues for the print media.  Although it continued to
tolerate the independent but low-circulation print media of
Borba and Vreme in Belgrade, both often critical of the
Government, most of the population nationwide is dependent for
its news on electronic media firmly under government control.
The Government again blocked the attempts of independent
television station Studio B and independent radio station B-92
to expand transmission of their broadcasts.
Milosevic's control of the media, particularly state
television, is vital to the strength of his regime.  Through
Serbian Radio and Television (RTS), the Government exerts
editorial control over all news programming.  The regime
abandoned the most blatant forms of anti-Muslim propaganda in
1994, except in the tabloid press, but news concerning non-Serb
ethnic minorities continued to receive very slanted and hostile
coverage.  The authorities generally tolerated publication of
material critical of the Government as long as dissident voices
were kept off television and out of mass-market publications.
They dismissed the editor of the semi-independent Television
Politika from his position in August and fired him from the
company after he gave prime-time coverage to one of Milosevic's
most consistent critics.
Shortages of newsprint caused by the deteriorating economy
enabled the Government selectively to direct supplies to
favored publications and to reduce financial support of
independent journals.  Serbian customs authorities seized
several shipments of equipment and newsprint provided by the
Soros Foundation for Belgrade independent daily Borba and radio
B-92   They later negotiated a reduction in the initial demand
for a ransom amounting to thousands of dollars.  In December,
Borba was forced to reduce its circulation and number of pages
because it could not obtain sufficient newsprint.
The Serbian government, a minority shareholder in the semi-
independent Belgrade daily Borba, tried to use its 17-percent
share to exercise full control over the newspaper.  In
September the Government began court proceedings against Borba
claiming the means by which it had formed its stock company
were illegal.  In late December, federal government authorities
through manipulation of the federal courts took over management
of Borba, installing the head of the Federal Secretariat for
Information as editor.  In Vojvodina, the Hungarian-language
independent newspaper Magyar Szo continued to resist attempts
to merge with a Serbian publishing house, fearing financial
mismanagement would force it to close.  B-92 has not yet been
officially licensed and must continue to operate as a "pirate"
radio station.
Proposed legislation to regulate foreign investment in domestic
media would make Serbian press connections with foreigners or
foreign support of Serbian media illegal under most
circumstances.  In April the "FRY" Ministry of Information
stripped a total of 13 correspondents and staff working for
foreign news agencies (most of them ethnic Serbs) of their
accreditations for allegedly engaging in "anti-Serbian
activities."  It did not explain why it had singled out these
journalists.  One American reporter who spoke with
representatives of the Serbian independent media on the record
about the revocation of credentials was given 5 days to leave
the country.
Studio B continued to struggle for survival.  It faced eviction
from its premises in favor of a proregime firm.  Although
Serbian authorities finally approved repeater stations for it,
they refused to vacate the allocated mountaintop areas,
preventing the station from extending its range of reception
beyond Belgrade.  Studio B lost an important sponsor and was
forced to cancel a planned folk festival when RTS threatened
the singers with loss of their RTS recording contracts if they
cooperated with the station.
In March federal authorities prohibited ham radio operators
from transmitting messages to Bosnia.  For many people in
Serbia-Montenegro, the estimated 15 private radio clubs were
their only link to friends and relatives still in Bosnia.
Military and civilian officials, accusing the radio operators
of espionage and passing militarily significant messages to the
Government of Bosnia and Herzegovina, began confiscating radio
equipment and harassing the operators.
Despite a precarious existence, the only Albanian-language
newspaper, Bujku, continued to be published, and a number of
new Albanian-language weeklies began publication.  Bujku, which
is independent of Belgrade and uncensored, clearly reflects the
views of the Kosovar Albanian LDK leadership.  As such, it is
the main source of information for the Albanian community.
Radio and Television Pristina, however, remain firmly under the
control of RTS and the ruling Socialist Party.  In June
Belgrade student radio Indeks went on strike to protest the
appointment of a new editor in chief forced on the station by
the Socialist Party's youth movement.  For some time, Indeks
played only the MTV satellite audio signal; it is now off the
air, pending "studio refurbishment."
     b.  Freedom of Peaceful Assembly and Association
Although the Federal Constitution provides for freedom of
peaceful assembly and association, the authorities severely
restricted these freedoms, applying the laws and regulations in
a capricious fashion.  Kosovo was singled out for particular
restrictions of assembly, and Serbian authorities targeted
so-called parallel ethnic Albanian social structures for
harassment.  In February and March, local authorities in
Pristina shut down both the independent Kosovo Academy of Arts
and Sciences and the Institute for Albanian Studies, beating
Institute director Sadri Fetiu and several staff members in the
process.  Local authorities, who had been threatening to close
the Academy of Arts and Sciences for more than 2 years,
considered it a symbol of the Kosovar separatist movement.
As of midyear, police conducted some 420 raids on schools in
the parallel Albanian educational system.  In February they
arrested Tafil Bahimja, director of an Albanian-language
primary school in Kraljane, and interrogated him about the
school's curriculum, threatening him with physical harm.
The authorities also severely restricted Albanian political
organizations.  The then Serbian district chief for Kosovo
issued two separate public calls for a ban on all LDK activity
in May.  Arkan and his Party of Serbian Unity (SSJ) made
similar repeated, public demands.  Although the district chief
was subsequently dismissed, Belgrade authorities did not
dispute his contention that the LDK was actively working to
undermine the Serbian constitutional order.  In July police
raided a meeting of the Social Democratic Party in Kosovo
Mitrovica, beating up the general secretary and three members
of the presidency.  The president, Bilim Bislimi, was
subsequently arrested.
In Sandzak, Serb authorities have arrested and harassed
politically active Muslims, primarily because of their
membership in the Party of Democratic Action.  With most of the
Muslim leadership in prison or in exile, the Serbian
authorities succeeded in forging an association between
political involvement and police harassment that inhibited the
exercise of free political expression and made political
activity a visibly risky proposition.
     c.  Freedom of Religion
There is no state religion, but the Government gives
preferential treatment to the Serbian Orthodox Church, to which
the majority of Serbs belong--including access to state-run
television for religious events.
There are no legal restrictions on the practice of religion,
but police condoned periodic violence against religious
facilities used by ethnic minorities and their investigations
into the fire-bombing attacks on Catholic churches in Vojvodina
or vandalism of mosques in Sandzak were perfunctory.
One human rights organization based in Novi Pazar reported that
police summoned even more people than usual for interrogation
on Muslim religious holidays.  The Serbian Orthodox hierarchy
in 1994 adopted a more stridently nationalistic tone in regard
to events in Bosnia, a development that had a chilling impact
on members of other faiths and non-Serb ethnic groups.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement.  The regime
generally does not require exit visas except for travel to
Albania, and makes passports available to most citizens, while
restricting the right to travel of many Kosovar Albanians.
Serbian authorities have generally allowed ethnic Albanian
leaders, including LDK leader Ibrahim Rugova, to leave the
country and return, even though they consider his party and
other ethnic Albanian parties illegal.
Ethnic Albanians have frequently complained of harassment at
border crossings, generally when entering from Hungary or at
the border between Kosovo and Macedonia.  There have been
numerous reports of border guards confiscating foreign currency
or passports from travelers, as well as occasional complaints
of physical ill-treatment.  Serbian border guards and customs
officials harassed Kosovar Albanians returning from abroad,
sometimes refusing to recognize the validity of legitimate
passports held by ethnic Albanians repatriated from Western
European countries.
Montenegrin authorities "deported" Serbian ultranationalist
Radical Party leader Vojislav Seselj to Serbia for making
comments at a political rally that were deemed "offensive to
the Republic of Montenegro and its leaders."  It also expelled
34 other Radical Party deputies to Serbia on a government-owned
airplane.  Seselj's expulsion, almost certainly sanctioned at
the highest political levels, was a direct violation of the
constitutional guarantees on freedom of movement.
Many refugees from the Bosnian conflict who had been living in
collective centers or with host families in Serbia-Montenegro
returned to their homes in Bosnia (or to homes that had been
"cleansed" of their previous Muslim tenants).  Serbian and
Montenegrin authorities encouraged this exodus by threatening
to strip refugees of their status or force them to serve in the
Bosnian Serb army.  In violation of both international
convention and Serbian law, the Yugoslav army cooperated
closely with the Bosnian Serb military in a roundup of refugees
in January and February.  In May Serbian authorities stripped
over 100,000 people of their refugee status.  Although they did
not forcibly expel them, they induced many to return to
"liberated" eastern Bosnia.  Lawyers counseling the refugees
who were called up for military service believed that both the
Serbian Red Cross and the Serbian Committee for Refugees were
supplying the military with the names and addresses of
draft-age males.
Many people succeeded in evading military service, and the
authorities did not pursue draft dodgers systematically.
However, the Government threatened to begin proceedings against
ethnic Albanians living abroad who had avoided military service
if they were repatriated to the "FRY."  More typically, police
who picked up young Kosovar Albanians found to be evading draft
notices took them to army barracks where they were beaten and
eventually released.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides for this right, but in practice
citizens are prevented from exercising it by the Milosevic
Government's monopoly of mass media and of the electoral
process.  In the December 1993 elections, the authorities
denied opposition parties equal access to the state-run media
and omitted many voters from the registration lists.  Observers
noted numerous voting irregularities and raised serious
questions as to the accuracy of the vote count.
Slobodan Milosevic dominates the political system in Serbia-
Montenegro.  Although formally president of Serbia, one of the
two constituent republics in the so-called Yugoslav Federal
Republic, Milosevic first weakened the authorities of the
Federal Government through his control of the Serbian police,
the army, and the state administration, and then placed his
followers in key positions, including the Federal President and
the Federal Prime Minister.  Milosevic greatly circumscribes
the Montenegrin government's sphere for independent action as
he does not tolerate significant divergence from the Serbian
party line.
The domestic political opposition, hamstrung by these
extralegal means of political control, proved incapable of
providing an effective alternative to the ruling Socialist
Party (SPS).  Although the SPS does not control an absolute
majority of seats in the Serbian Parliament, it managed to
coopt one of the opposition parties, allowing the Socialists to
form the Government in January.  In Montenegro, where the
ruling Democratic Party of Socialists (DPS) enjoys an absolute
majority, opposition parliamentarians complained that the
Government often railroaded legislation through Parliament
without time for adequate debate.  In both Serbia and
Montenegro, the ruling parties have effectively blocked
legislation that would loosen their control over the state-run
media.
Ethnic Serbs dominate the political leadership in Serbia.  Few
members of other ethnic groups play any role at the top levels
of government or the state-run economy.  The same is true of
women (see Section 5), although in both instances there are no
legal restrictions preventing advancement.  Ethnic Albanians,
as a matter of principle, refuse to take part in the electoral
process, and therefore have little representation.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Local human rights monitors (Serbs as well as members of ethnic
minorities) worked under difficult circumstances amid public
insinuations by ultranationalist leaders and sometimes
government officials that they were traitors.  Police routinely
searched human rights offices in Kosovo, confiscated documents,
and harassed their employees.
A number of independent human rights organizations exist in
Serbia-Montenegro, researching and gathering information on
abuses and publicizing such cases.  Several operate out of
Kosovo, including the Council for the Defense of Human Rights
and Freedoms and the Kosovo Helsinki Committee.  In the Sandzak
region, a separate Council for the Protection of Human Rights
and Freedoms monitors abuses against the local Muslim
population and produces comprehensive reports.
The Belgrade-based Humanitarian Law Fund and the Center for
Antiwar Action (CAA) have a broader scope of activities,
researching human rights abuses throughout the "FRY" and, on
occasion, elsewhere in the former Yugoslavia.  The CAA also
sponsors symposia and lectures and runs a small publishing
house.  CAA members set up a hot line providing legal counsel
to refugees who received military induction notices and formed
the Committee to Free Veljko Dzakula when the Serbian security
service kidnaped him in January (see Section 1.d.).  Serbian
authorities carefully monitor the activities of independent
human rights agencies but generally do not subject them to
overt harassment.
The governments of Serbia and Montenegro formally maintain that
they have no objection to international organizations
conducting human rights investigations on their territories.
However, they hindered such activities and regularly rejected
the findings of human rights groups.  Serbian authorities
refused to issue visas to representatives of a number of human
rights organizations, including Amnesty International.  "FRY"
authorities soundly rebuffed numerous approaches about allowing
the reintroduction of the CSCE Long-Duration Missions to
Kosovo, Vojvodina and Sandzak.  Officials on all levels
maintained that the CSCE must first reinstate the "FRY" before
it would be allowed to operate in Serbia-Montenegro.
Diplomats from various CSCE countries stationed in Belgrade and
traveling in groups were frequently denied meetings with
Serbian authorities who considered them de facto CSCE observers
carrying out an expired mandate.  In May Foreign Ministry
officials made veiled threats to expel Embassy personnel who
took part in CSCE-sponsored trips outside Belgrade.  In October
the Foreign Ministry again complained about CSCE Embassy
members traveling to Kosovo, Sandzak, and Vojvodina.
Repressive acts against ethnic minorities have increased
significantly since the CSCE missions in Kosovo, Sandzak, and
Vojvodina departed.  In Kosovo, five members of the Pec ethnic
Albanian communal leadership, on trial in early December for
"violating the territorial integrity of the state," were
questioned extensively in court about their contacts with the
former CSCE observer mission, even though they pointed out that
the mission had been present legally and with the permission of
Serb authorities.
In a change from previous public statements that they would not
cooperate with the U.N. War Crimes Tribunal, Serbian officials
in 1994 stated they would offer limited cooperation with the
Tribunal to the extent the law allowed.  Both the Serbian and
Federal Constitutions forbid extradition.  The Government
stated it will try those who committed war crimes within the
country, and has begun proceedings in the case of the Vukovic
brothers who are accused of killing Muslims in Bosnia.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
While federal and republic laws provide for equal rights to all
citizens, regardless of ethnic group, religion, language, or
social status and prohibits discrimination against women, in
reality the system provides little protection to such groups.
     Women
Traditional patriarchal ideas of gender roles, which hold that
women should be subservient to the male members of their
family, have long subjected women to discrimination.  The
hostile atmosphere of oppressive nationalism fostered by the
regime's war on non-Serbs and the increasingly precarious
financial situation of most families have exacerbated the
traditionally high level of domestic violence.  The majority of
Serb refugees from Bosnia and Herzegovina moved in with
relatives or friends and received only minimal support from
international refugee agencies.  The strain of living for
2 years in poverty and overcrowded conditions resulted in
family violence, particularly wife beatings, which human rights
organizations report was largely ignored by authorities.  While
legal recourse is theoretically available to victims of
domestic violence, few women, most of whom are fearful of being
rejected by their family, are willing to risk making a formal
complaint.  Police rarely investigate women's complaints
seriously.
In the early 1990s, women's rights organizations in Serbia,
originally formed around a strictly antiwar agenda, expanded
the scope of their activities as they recognized the growing
need to help female victims of the Yugoslav wars.  The Center
for Antiwar Action, in cooperation with a number of women's
rights groups, opened a hot line for rape victims.  The flood
of calls overwhelmed the small staff, and programs geared
towards assisting and counseling victims of rape have
proliferated.  In the summer of 1994, two of the largest
organizations, Women in Black and the SOS hot line, opened a
center for juvenile females and sponsored assistance programs
for women refugees in camps throughout the country.
The apolitical character of Serbia's feminist organizations
allowed them to operate with little overt opposition from local
authorities who, however, regularly ignored their protest
demonstrations.  Women in Black continued to hold weekly silent
protest meetings, for which they received explicit police
permission.  Police, however, refused permission for a protest
meeting that was to be held on a major Belgrade bridge in order
to draw attention to the destruction of the Mostar bridge in
Herzegovina.  Feminist groups organized and held conferences in
Belgrade and Novi Sad with the participation of women activists
from abroad.
Women are entitled to equal pay for equal work.  However, they
are vastly underrepresented at the top levels of government,
state-run industry, and academic institutions.  Maternity leave
is usually granted for 1 year.  President Milosevic rejected a
law limiting the availability of abortion as a restriction on
women's rights, the first time the feminist community has found
itself allied with the Serbian President.
     Children
Police violence against non-Serb children (see Section 1.c.) is
the primary abuse.  Otherwise, there is no pattern of
governmental or societal abuse against children, nor is child
prostitution condoned.  Children are not conscripted into the
army.
     National/Racial/Ethnic Minorities
The ethnic minorities of Serbia-Montenegro suffered
discrimination in all respects as the "FRY" continued its
policy of "ethnic cleansing" as a means of creating "Greater
Serbia" (see Section 1).  In addition to the abuses described
elsewhere in this report, there were credible reports that
qualified Muslims or ethnic Albanians continued to be fired
from their jobs on the basis of religion or ethnicity.
Members of ethnic minorities were badly treated in the armed
forces in which they were viewed with suspicion and often
outright hostility.  In Kosovo, court proceedings, formerly
conducted in the defendant's language, are now conducted in
Serbian; an interpreter is provided if necessary.
Traditional societal discrimination against the substantial
Roma population remains widespread.  The two Roma parties are
not well organized and do not play a role in the political life
of the country commensurate with their numbers.  The Roma have
the right to vote, and there is no legal discrimination.
However, local authorities apparently condone and even
participate in their harassment and intimidation.
     Religious Minorities
In the former Yugoslavia, religion and ethnicity are so closely
intertwined as to be inseparable.  "Muslims," for example, are
considered an ethnic rather than a religious minority, although
they are increasingly referred to as "Serbs of Muslim faith" in
official propaganda.
Serious discrimination and harassment of Serbia's religious
minorities continued, especially in the Kosovo and Sandzak
regions.  Violence against the Catholic minority in
Vojvodina--largely made up of ethnic Hungarians and
Croatians--is also a continuing problem.  Individual Catholics
were targeted for harassment by Orthodox "Chetniks," and a
number of Catholic churches were bombed (see Section 2.c.).
     People with Disabilities
There is no formal legislation to provide equal rights for the
disabled.  Only public buildings are required to provide access
for the disabled.  Plans for the Belgrade metro envisage
elevator access for the disabled at all stops.
Section 6  Worker Rights
     a.  The Right of Association
All workers (except military personnel) have the legal right to
form or join unions.  Unions are either official
(government-affiliated) or independent organizations.  Workers
in the official unions, whether Serb or non-Serb, have little
real voice in their unions, and their bargaining leverage is
circumscribed by the Government.  Consequently, they have
achieved little in terms of bettering their condition.  They
are ostensibly permitted to join the independent unions, but
these are so weak that they have been largely ineffective.
     b.  The Right to Organize and Bargain Collectively
While this right is guaranteed in law, collective bargaining is
rudimentary.  Individual unions tend to be very limited and
pragmatic in their aims, unable to join with unions
representing workers in other sectors and bargain together for
a common purpose, such as to eliminate safety hazards in the
workplace or to provide certain minimum health conditions.  The
overall result is a highly fragmented labor organizational
structure composed of workers who relate to the needs of their
individual union but rarely to those of other workers.
     c.  Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not known to occur.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16, although in villages and
farming communities it is not unusual to find younger children
at work assisting their families.  With the fall in industrial
production by two-thirds compared with 1989, factories and
stores have retained only their most experienced and senior
workers.  Over the past year it was extremely unusual to find a
teenager in Belgrade working at any full-time or even part-time
job.  Unemployment, which unofficially ran in excess of 50
percent, was concentrated more highly among young, unskilled
workers.
     e.  Acceptable Conditions of Work
The economic decline, which began at the beginning in 1991 and
was accelerated by the onset of U.N. economic sanctions in May
1992, continued to exert a major influence on the conditions of
work.  While the Government succeeded in stabilizing prices
through much of 1994, a large gap remained between prices and
wages.  By November the average monthly wage had risen to about
$94 (255 dinars) at the current black market rates.  While
there is no official poverty line in Serbia-Montenegro, banking
and finance officials have used 250-300 dinars as an
"unofficial" poverty level for the average wage earner.  The
minimum wage, which is established in December by negotiation
among the Government, the chambers of commerce, and the unions
(both official and unofficial) was about $37 (90 dinars) at the
black market exchange rate.
While the official workweek was listed as 40 hours, many
employees worked fewer hours due to the economic slowdown.
These employees remained, for the most part, on enterprise
payrolls, continuing to draw a minimum monthly salary--between
$29.50 and $59 (50 and 100 dinars)--plus food supplements as
available.  The Government, which previously assumed
responsibility for providing redundant workers with a minimum
"unemployment" payment, shifted this responsibility in the last
half of the year to enterprises.  Many enterprises attempted to
trim these workers, but concerted action by both official and
independent unions may have helped to prevent further massive
layoffs in the economy.
Federal and republic laws and regulations regulate occupational
health and safety, but enforcement is lax.
SEYCHELL1
IWIWTITLE: SEYCHELLES HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           SEYCHELLES
President France Albert Rene and his Seychelles People's
Progressive Front (SPPF) have governed the Seychelles since a
1977 military coup.  In the 1990's the SPPF guided the return
to a multiparty political system, which culminated in July 1993
in the country's first free and fair presidential and
parliamentary elections since 1977.  President Rene won
reelection, and the SPPF won 27 of the 33 National Assembly
seats, 21 by election and 6 by proportional representation.
Despite the elections, the President and the SPPF continued to
dominate the country through a pervasive system of political
patronage and control over jobs, government contracts, and
resources.
The President has complete control over the security apparatus,
which includes a national guard force, the army, and the
police.  There is also an armed paramilitary Police Mobile Unit
(PMU).  Security forces used excessive force in a number of
instances, although police brutality is not widespread.  The
authorities investigated complaints of police abuse and
punished officers found guilty.
In recent years, the Government accelerated its program to
privatize the economy, imposed deep cuts in domestic spending
to improve its foreign exchange position, and passed laws with
tax cuts and abatements to encourage private businesses to
expand and attract foreign investment.  In addition, the
Government moved to reduce the high dependence on tourism--
approximately 70 percent of hard currency earnings--by
promoting the development of fishing, farming, and small-scale
manufacturing.  Despite these efforts, the public and
quasi-public sectors continued to drive the economy, and the
Government, through the Seychelles Marketing Board, other state
organizations, and the use of banking regulations, continued to
dominate most aspects of the economy.
The human rights situation continued to improve, and the
Government generally respected the rights of its citizens.
However, despite parliamentary formalities, the President
continued to wield power virtually unchecked.  There was one
incident in which police beat and tortured an employee of the
Seychelles Broadcasting Company.  Violence against women and
child abuse remained serious problems.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution expressly forbids torture, but there have been
instances of excessive use of force by police.  The authorities
have investigated and punished offenders in the past.  However,
in February police reportedly tortured an employee of the
Seychelles Broadcasting Company (SBC) and detained him without
charge for 14 days.  (He was suspected of involvement in a
break-in at the radio station.)  Police reportedly beat the man
on his face, back, and sexual organs in order to coerce a
confession, but the authorities never formally charged him with
a crime.  The police did not take disciplinary action against
the perpetrators of this abuse, and at year's end the SBC
employee had begun a civil action against the Government for
damages.
Conditions at Police Bay prison are Spartan, but not life-
threatening.  Family members are allowed weekly visits, and
prisoners are given access to reading materials.  There is no
regular system of independent monitoring of prisons.
     d.  Arbitrary Arrest, Detention, or Exile
The Penal Code provides that persons arrested must be brought
before a magistrate within 48 hours.  This provision is applied
in practice to the extent possible (residents of the outer
islands are detained for longer than 48 hours, as the boat trip
to Victoria, where the courthouse is located, can take 3 or
more days from such islands as Assumption and Aldabra).
Detainees have access to legal counsel, and free counsel is
provided for the indigent.  The law provides for judicial
review of the legality of detention, and bail is available for
most offenses.
Other than the case of the SBC employee (see Section 1.c.),
there were no reports of arbitrary arrest or unlawful
detention.  There were no political detainees or cases of
forced exile.  A number of former exiles who returned were able
to reacquire their property.  However, there were some
instances in which the Government rejected valid compensation
claims for confiscated properties of returning exiles,
apparently for political reasons.
     e.  Denial of Fair Public Trial
The judicial system includes magistrate's courts, the Supreme
Court, the Constitutional Court, and the Court of Appeals.
Criminal cases are heard by a magistrate's court or the Supreme
Court, depending on the gravity of the offense.  A jury is used
in cases involving murder or treason.  Trials are public, and
the accused is considered innocent until proven guilty.
Defendants have the right to counsel, to be present at their
trial, to confront witnesses, and to appeal.  The Government
provides free counsel to the indigent, although there are only
a few well-trained Seychellois lawyers.  The Constitutional
Court convenes twice a year to consider constitutional issues
only.
Defendants generally have the right to a fair trial.  However,
the judiciary has been criticized for not prosecuting
senior-level government officials, and there are questions
about the judiciary's independence.  Judges are appointed
through the Constitutional Appointments Authority (CAA) system,
and the President appoints the CAA chairman.  The current
chairman is a staunch SPPF supporter, and the President's
influence extends to judicial appointments.  All judges are
appointed for 5 years and were hired from other Commonwealth
countries; none is Seychellois.  Some observers criticized
expatriate judges for a lack of sensitivity on issues such as
domestic violence.
There were no political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides for the right to privacy and freedom
from arbitrary searches.  The law requires a warrant for police
searches, and the authorities generally respected this
requirement in practice.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
but it also provides for restrictions on speech "for protecting
the reputation, rights, and freedoms of private lives of
persons" and "in the interest of defense, public safety, public
order, public morality, or public health."  Both freedom of
speech and the press are thus constrained by the ease with
which legal action can be taken to penalize journalists for
alleged libel through civil law suits.  In most instances,
citizens speak freely, including in Parliament, although the
President is rarely criticized.
The Government has a near monopoly on the media, owning the
only television and radio stations, the most important means
for reaching the public, and the only daily newspaper (the
Nation).  The official media adhere closely to the Government's
position on policy issues and give the opposition only limited
coverage.
In 1994 there were four independent weeklies, which in the past
have criticized official policies and the President's closest
advisers.  However, at year's end, the most important
independent weekly, the Regar, had suspended publication due to
a libel action brought by the Deputy Commander of the army
against the newspaper's publisher.  On December 12, the Supreme
Court found the Regar guilty of defamation and awarded the
Deputy Commander damages of $34,879 (SR 173,000).  The
newspaper is appealing the judgment.  Also, a second weekly,
the Independent, shifted to monthly publication in late
December, reportedly due to low circulation and financial
constraints.
Academic freedom is limited.  There are no universities;
secondary school teachers are largely apolitical.  The
Government controls access to the Polytechnic, the most
prestigious learning institution, by requiring all students to
participate in the National Youth Service (NYS), a year-long
program which now emphasizes educational instruction, although
in the past it has stressed paramilitary training and SPPF
ideology.  In September students at the NYS held a series of
demonstrations to protest budgetary cuts.  The demonstrations
escalated into violence, which resulted in extensive property
damage.  In response, the political opposition proposed
legislation in the National Assembly to abolish the NYS.  The
President opposed the legislation, and the measure was defeated.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for these freedoms, and in practice
the Government permitted peaceful assembly and association
without interruption or interference.  The police handled
student demonstrations at the NYS camp with professional
restraint.
In addition to the SPPF, there are a number of other political
parties.  The Government regularly granted permits required for
all public gatherings.
     c.  Freedom of Religion
The Constitution provides for freedom of religion, and this
right is respected in practice.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, and there
was no known abridgement of domestic or international travel.
Although it was not used in 1994, the 1991 Passport Act allows
the Government to deny passports to any citizen if the Minister
of Defense finds such denial "in the national interest."  There
were no known requests for asylum in 1994 and no refugees in
the Seychelles.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens freely exercised the right to change their government
in the July 1993 National Assembly and presidential elections,
which were judged by international and national observers to
have been free and fair.  However, President Rene and the SPPF
dominated the electoral process and continued to rule--as they
have since 1977.  The elections served to provide a voice to
other parties.  The main opposition party, the Democratic
Party, is led by Sir James Mancham, the country's first elected
president, who was forced into a 15-year exile in 1977.
The President's SPPF party has utilized its political resources
to develop a nationwide organization that extends to the
village level.  The opposition parties have been unable to
match the SPPF's organization and patronage, in part because of
resource limitations.
There are no legal restrictions against the participation of
women or minority groups in politics.  Women hold 3 ministerial
positions in the 11-person Cabinet and 8 seats in the National
Assembly.  The white minority of Seychelles continues to
dominate governmental institutions, but some Creoles (African
Seychellois) have risen to senior positions of responsibility,
particularly in the military.  Of the six members of the
Defence Forces Council, four are Creole.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no private groups devoted exclusively to
investigating human rights practices.  However, the churches
have been strong voices for human rights and democratization,
and the Government has not interfered with their activities.
There were no known requests by international human rights
groups to visit the Seychelles.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution affirms the right to be free from all types of
discrimination, but does not specifically prohibit
discrimination.  In practice, there is no overt discrimination
in housing, employment, education, or other social services
based on race, sex, ethnic, national, or religious
identification.
     Women
Seychelles is a largely matriarchal society, and women have the
same legal, political, economic, and social rights as men.
There is no discrimination in education or employment, and
women are fairly well represented in the political process and
in business.
According to law enforcement sources, violence against women,
particularly wife beating, is common.  Police seldom intervene
in domestic disputes, unless the dispute involves a weapon or
major assault.  The few cases that reach a prosecutor are often
dismissed, or if a case reaches court, a perpetrator is usually
given only a light sentence.  There is a lack of societal
concern about domestic violence, and there are no
nongovernmental groups that address this issue.
     Children
The Constitution provides for the rights of minors but the
Government has failed to address effectively key issues such as
child abuse.
Sexual abuse of young girls, usually in low-income families, is
a serious problem.  While the total dimension of the problem is
not known, Ministry of Health data and press reports indicate
that there are a significant number of rape cases of girls
under the age of 15.  Very few child-abuse cases are actually
prosecuted in court.  The strongest public advocate for young
victims is a semiautonomous agency, the National Council for
Children, not the Government.  The press has also begun to
address the issue, calling for suitable facilities to house
abused children, including foster homes, as well as increased
public awareness of the problem.
     National/Racial/Ethnic Minorities
There is a historical educational gap between Creoles
(Seychellois of African origin) and Seychellois of white or
Asian origin, which has been a factor in the continuing
political and economic domination of Seychelles by whites and
Asians.  Despite a significant Creole majority, the President,
the Health Minister, the Foreign Minister, most principal
secretaries, and almost the entire merchant and financial class
are white or Asian.  The Government is attempting to close this
gap through universal access to public education, but the
formalization and teaching of Creole has made it more difficult
for Creole students to learn English and French at a
competitive level.  Further, the political domination by whites
seems unyielding since the elected leadership of the majority
party, and that of most of the several opposition parties, is
white.
     People with Disabilities
The Government does not discriminate against people with
disabilities in housing, jobs, or education.  However, there is
no legislation providing for access to public buildings,
transportation, or government services.
Section 6  Worker Rights
     a.  The Right of Association
Under the 1993 Trade Union Industrial Act, which took effect in
February, workers have the right to form and join unions of
their own choosing.  Police and fire employees may not
unionize.  Under the Act, the former government-controlled
union, the National Workers Union (NWU), lost its monopoly
position, and during the year, workers formed six new unions,
all registered, organized, and run by former officials of the
NWU.  In addition, in June the Government recognized and
registered the Public Service Union (PSU), with a membership of
236 teachers, airport employees, and police civilian employees,
among others.  The Government refused to recognize another
proposed union, the Seychelles Union of Public Employees
(SUPE), objecting to its goal of organizing all state
employees.
The six new unions formed after the demise of the NWU continue
to be dominated by the Government and the SPPF.  The Trade
Union Industrial Act prohibits retribution against strikers,
but the Government has not enforced the law.  For instance, in
May stevedores formerly employed by the Union Lighterage
Company (ULC) were locked out by the new private owners of the
port facility.  As the new owners reduced the work force, they
refused to honor the workers' claim that under their contract,
they were entitled to 1 hour's pay per each day of work lost
due to the privatization.  The ULC claimed that the workers had
gone on strike and refused them further work or the pay
claimed.  The workers are planning to challenge the decision in
court.
Unions can freely affiliate with international bodies.
     b.  The Right to Organize and Bargain Collectively
The 1993 Trade Union Industrial Act gives workers the legal
right to engage in collective bargaining.  However, in practice
free collective bargaining does not normally take place.  The
Government has the right to review and approve all collective
bargaining agreements in the public and private sectors.  There
is little flexibility in the setting of wages.  In the public
sector, which employs about 70 percent of the labor force, the
Government sets mandatory wage scales for employees.  Wages in
the private sector are generally set by the employer in
individual agreements with the employee, but in the few larger
businesses, wage scales are subject to the Government's right
of review and approval.  Private employers frequently pay more
than the Government in order to attract qualified workers.
The law prohibits antiunion discrimination by employers against
union members.  The Government may intervene to redress such
complaints but has not done so for members of unions that do
not have governmental approval.
The Employment Act of 1985, which remains the basic labor law,
authorizes the Ministry of Employment and Social Affairs to
establish and enforce employment terms, conditions, and
benefits.  Workers have frequently obtained recourse against
their employers through the Ministry.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it does not
exist.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 15, and children are required
to attend school until the l0th grade or the age of 17,
whichever occurs first.  The Government strongly encourages
children to fulfill a year of National Youth Service before
entering the work force at the age of l6 or the Polytechnic
School for Vocational Training, and it discourages public or
private sector employment of workers under l6 years of age.
The Government offers voluntary short-term (up to 6 months)
work programs for those who leave school and do not participate
in NYS.  Children in these programs receive a training stipend
which is below the minimum wage.  The Government effectively
enforces its child labor laws through regular inspections by
the Ministry of Employment and Social Affairs.
     e.  Acceptable Conditions of Work
Seychelles has a complicated minimum wage scale, which is
administratively regulated by the Government; it covers the
public and state-owned sectors and differentiates among various
job classifications.  The Ministry of Employment and Social
Affairs enforces minimum wage regulations.  The official
minimum wage is about $320 (1,600 Seychelles rupees) a month.
Given the free public services that are available, primarily in
the areas of health and education, a single salary at the low
end of the pay scale provides a family with a decent, if
Spartan, standard of living.
Many families deal with the high cost of living by earning two
or more incomes.  However, due to a labor shortage, the
prevailing wage rates in the private sector are considerably
higher than the legal minimum, and workers have little reason
to accept a lower than minimum wage.  In recent years there has
been a growing trend for the Government to import foreign
workers, primarily from India and Asia, to work in the
construction and industrial fishing sector.  Although it is
difficult to determine the living and working conditions of
these workers, there is strong empirical evidence that the
labor laws are routinely flouted by their employers, with the
Government's knowledge.  These workers are paid lower wages and
forced to work longer hours than Seychellois.
The legal maximum workweek varies from 45 to 52 hours,
depending on the economic sector.  Each full-time worker is
entitled to a half-hour break per day and a minimum of 21 days
of paid annual leave.  Workers are permitted to work overtime
up to 60 additional hours per month.  The Government generally
enforces these ceilings.  As noted above, foreign workers do
not enjoy the same legal protections.
The Government issued comprehensive revised occupational health
and safety regulations in October 1991.  The Ministry of
Employment and Social Affairs is responsible for enforcing
these regulations.  Occupational injuries are most common in
the construction, marine, and port industries.  A worker who
removes himself from a potentially dangerous situation on the
job is considered to have resigned.  Safety and health
inspectors do not visit job sites.  In June two teenagers
working in a large metal storage tank expressed to their
employers fear of some loose metal girders falling on them but
were ignored.  A girder later fell on them, resulting in severe
injuries requiring hospital stays of 2 months.  The parents of
one of the youths has filed suit in court.
SIERRA_L1
uTITLE:  SIERRA LEONE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                          SIERRA LEONE
Sierra Leone is a Republic governed by a military junta, the
National Provisional Ruling Council (NPRC).  The NPRC was
formed in 1992 after a military coup by a small cadre of
soldiers from the war front, and rules by decree.  Captain
Valentine E.M. Strasser is Chairman of the NPRC, Head of State,
Commander in Chief of the Armed Forces and Secretary of
Defense.
Under the NPRC, the 1991 Constitution technically remains in
force but it is severely restricted, and superseded in places
by military decrees.  In late 1993, Captain Strasser announced
a timetable for Sierra Leone's transition to democracy, to
culminate with a general election in December 1995 and the
inauguration of a president in January 1996.  The Government
held public debates on the "Working Document on the
Constitution," which was drafted by the National Advisory
Council (NAC), and scheduled a referendum on a new constitution
for May 1995.  In November the Government established the
National Commission for Democracy to provide education to the
Sierra Leonean people on their rights and obligations under the
1991 Constitution.
The Sierra Leone military forces (RSLMF), supported by Western
Area Security Patrols (WASPS) and the regular police force are
responsible for both external and internal security.  The RSLMF
continued active operations against rebel forces, known as the
Revolutionary United Front (RUF), which were supported by the
National Patriotic Front of Liberia (NPFL).  The Government
acknowledged, however, that much of the fighting was being
conducted not by the RUF but by renegade RSLMF soldiers and
other Sierra Leoneans.  Thus, while significant progress was
made in subduing the RUF, renegade RSLMF continued to stage
numerous and bloody attacks on villages and on vehicles
traveling the main roads in the Eastern and Southern Provinces,
and a few parts of the Northern Province.  There were reported
human rights abuses on all sides in the internal conflict,
including summary executions and torture, and abuses by the
police and military against criminal suspects outside the war
zone.
More than 70 percent of the 4.3 million population are involved
in some aspect of agriculture, mainly subsistence farming.
Although the country is rich in minerals, including titanium-
bearing rutile, gold, and diamonds, official receipts from
legal exports of gold and diamonds have decreased over recent
years; significant portions of these resources are smuggled
abroad.  The major diamond-producing area was wrested back from
rebel control in late 1993, but at year's end, government
revenues from the mineral sector were still far below
preconflict levels.
Human rights abuses were extensive, chiefly, though not
exclusively, in the areas of armed conflict where RSLMF and
rebel units committed extrajudicial killings and torture.  In
July, an armed group of men reportedly mutilated more than 100
villagers in Southern province, and there were numerous reports
throughout the year that the rebels massacred civilians, and
looted and destroyed their villages.  Both the police and army
summarily executed criminal suspects and beat and otherwise
abused suspects during arrest and interrogation.
The NPRC continued to maintain control over both government and
social affairs, overseeing restrictions upon freedoms of
speech, press, assembly, and association.  Discrimination and
violence against women remain widespread.  New press guidelines
in 1994 impose heavy financial burdens on publishers.
Political parties remain suspended.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
Both Government forces and RUF rebels engaged in these abuses.
Government forces often tortured and killed suspected rebels.
In September, a group reported to be RUF rebels hunted down a
local chief in the Bo District, mutilated him and then killed
him.  Many reports suggest undisciplined military and other
security personnel, while they were engaged in looting,
robbery, and extortion (see Section l.g.) also killed civilians.
     b.  Disappearance
Reports continued of disappearances of captured persons who
were suspected to be rebels.  The NPRC denied these reports,
and in late 1993 implemented an amnesty program for civilians
and rebels returning from disputed territories.  The amnesty
offer permitted many civilians trapped in rebel areas to turn
themselves in, but the offer attracted few combatants.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
Although the Constitution prohibits torture, the police
mistreated subjects during interrogation and arrest.  In one
incident, soldiers at a military checkpoint mutilated the hand
of a driver who failed to obey a command.  Military personnel
engaged in combat operations sometimes physically abused
civilians (see Section l.g.).  The Government occasionally
punished them for such abuses.
The Government worked to improve the diet and medical care in
prisons throughout the year, but conditions at times remained
life-threatening.  Detainee cells often lack beds or toilet
facilities.  Overcrowding is the norm at Freetown's Pademba
Road Prison.  These prison conditions are of particular concern
because shortcomings in the legal system often result in
prolonged pretrial detention.  In response both to overcrowding
and prolonged detentions (many of which date back to the Momoh
Regime which ended in April 1992), the Government undertook to
review cases and released some prisoners outright, including
219 in late December.  The courts released additional
prisoners.  Men and women inmates are separated, but separate
facilities for incarceration of juveniles do not exist.
Homosexual rape is common.
The Government continued to grant the International Committee
of the Red Cross (ICRC) access to prisoners, including alleged
rebels.
     d.  Arbitrary Arrest, Detention, or Exile
In practice, the Government does not provide adequate
safeguards against arbitrary or unjust detentions nor for their
formal review.  By law, after an initial 24-hour detention,
detainees must have access to legal counsel, families, and
medical care, but authorities rarely obey the law unless
detainees can afford legal counsel to demand compliance.
Police and security agencies have additional detention
authority.  Under NPRC decrees, higher-ranking police and
military officials may arrest without warrant and detain
indefinitely any person suspected of posing a threat to public
safety.  In practice, soldiers do arrest or detain civilians
without charge.  Relatives are not formally notified, but the
authorities generally respond to inquiries.  Arrested
foreigners are often released but may not depart the country.
The Government provides legal representation for the indigent
only in cases of capital offenses.  Lack of counsel in other
cases frequently leads to abuse.  Many indigent detainees are
ignorant of their rights and assume, sometimes correctly, that
law enforcement or judicial authorities will be paid by the
accuser to rule against them.  The Society for the Protection
of Human Rights provides free legal counsel to some indigent
detainees.
On the second anniversary of the coup which brought the NPRC to
power, it released 63 prisoners but did not disclose the
charges on which they had been detained.  In May, 24 officials
of the former Government who had been arrested in the wake of
the 1992 coup and detained for up to 2 years pending the
outcome of government-organized commissions of inquiry, were
rearrested when they failed to meet a deadline for repayment of
funds the Government said they had embezzled while in office.
The Sierra Leone Bar Association and Amnesty International
challenged the legality of the arrests.  Police  released
several prisoners after a few days, but kept most in prison or
under house arrest until mid-August, when the majority were
either set free or released to house arrest.
The Government did not use exile.  However, some officials of
the former regime chose to leave the country, or to remain
abroad rather than return to face possible retribution.
     e.  Denial of Fair Public Trial
The NPRC can effectively control the judiciary.  There is
strong evidence that favoritism plays a role in court
decisions.  The NPRC employs special commissions of inquiry to
circumvent the judiciary.
There are three judicial systems: regular courts, local or
traditional courts, and courts martial, which try only military
cases.  The regular court system is based on the British model
and consists of a Supreme Court, an intermediate court of
appeals, a high court of magistrates, and magistrates' courts.
There are criminal and civil courts.  Decisions by lower courts
may be appealed, in part because there are delays of up to 5
years in bringing cases to trial.
Judges in the regular court system may serve until they reach
the mandatory retirement age of 65, unless their appointment is
revoked prior to that time.  There were no known instances in
1994 of judges being fired or transferred for political
reasons.  Indigenous elected ethnic leaders preside over the
local courts and administer tribal law in civil cases, for
example, dealing with family and property matters.  These local
courts are often the only legal institutions in rural areas.
The court-martial system, based on British military codes and
the common law, provides for commander adjudication of minor
offenses.  Soldiers accused of more serious offenses are
transferred from field units to Force Headquarters.  There are
credible reports that enlisted personnel subjected to
punishment by field commanders have in some cases appealed to
friends in the NPRC and had sentences overturned.
Minimum due process rights are not always respected.
Authorities sometimes beat detainees, and mutilate or otherwise
punish them prior to incarceration or a court hearing.  The
regular court system contains provisions which discriminate
against women and minorities, by accepting and sanctioning
discrimination embodied in tribal, traditional, and Islamic law.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
Although the Constitution prohibits arbitrary invasion of the
home, the authorities still have broad authority under NPRC
decrees to monitor actions or conversations within homes, to
prevent a person from acting in a manner prejudicial to public
safety, to impose restrictions on employment or business, to
control association or communication with other persons, and to
interfere with correspondence.
In practice, there were numerous occasions of abusive treatment
of ordinary citizens by ill-disciplined soldiers and police,
both within and outside of the war zone.  These abuses included
forced entry into homes, robberies, and assaults, some of them
fatal.  Superior officers frequently punished offending
soldiers when caught.  In November the government executed 12
soldiers who had been found guilty by a court-martial for
crimes ranging from armed robbery to murder (see Section l.e.).
     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts
There were serious violations of humanitarian law in the
conflict centered in the eastern and southern provinces along
the Liberian border.  In that region RSLMF forces fought
Revolutionary United Front (RUF) forces, which are supported in
part by Charles Taylor's NPFL from Liberia.  The RSLMF was also
involved in fighting bandits and groups of military deserters.
This conflict involves different ethnic groups and has resulted
in an unknown number of deaths.  Some estimates indicate that
more than 10,000 civilians have been killed since 1991.  More
than 1.25 million Sierra Leoneans are displaced internally or
are living as refugees in neighboring countries.
The rebels also committed numerous humanitarian abuses against
civilians and RSLMF soldiers.  In one attack in July, the
rebels reportedly killed and mutilated more than 100 villagers
in the Southern District.  In August they beat to death, then
beheaded, an RSLMF officer caught in an ambush of a convoy of
civilian vehicles traveling under military escort in the
Northern Province.  Rebels also abducted mothers traveling in
the same convoy and threw their babies into the bush to die.
Children as young as 12 reportedly participated in some rebel
attacks.  Most of the rebels are of the Mende and Kissy ethnic
groups.
Government troops committed many abuses against suspected
rebels and their noncombatant supporters, including summary
executions of prisoners.  The RSLMF engaged in public
humiliation and torture of captives, including disfigurement,
beating, and parading captives naked, and sometimes displayed
human skulls as trophies.  The RUF does not appear to promote a
political philosophy.
There appears to have been little ethnically motivated violence
in the hostilities to date.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
Although the Constitution provides for freedom of speech, the
Government routinely abridges freedom of expression if it deems
national security to be endangered.  Criticizing government
leaders or offending the dignity of the state are criminal
offenses.  Although the military regime can severely restrict
freedom of speech, there was nonetheless much criticism of the
Government in the press and in other forums.  The Government
has not always attempted to halt these challenges, nor to exact
retribution from those who criticize it.
At the beginning of 1994 there were 10 active newspapers, two
of which were controlled directly by the Government.  In
February, the Government announced new, stricter registration
and publication requirements for newspapers, which resulted in
the closing of several newspapers.  The press criticized these
new conditions as an attempt to limit freedom of expression.
But several additional newspapers have been launched since, and
at year's end there were 13 in publication.
Journalists continued to suffer threats and intimidation.  In
April a reporter was stripped naked and beaten unconscious by
soldiers for articles he had written criticizing the
Government.  In August police arrested an editor and reporter
after publication of an article alleging corruption in a court
proceeding.  In September several journalists received
anonymous death threats, in letters which accused them of
undermining the Government and the military.  In April the
Government imposed a requirement that all news reports
concerning the country's internal conflict be submitted to the
Department of Defense for approval prior to publication or
broadcast.  Many journalists exercise self-censorship.
One of the capital's two radio stations is
government-controlled and reflects only the views of the
Government.  The other is operated by Christian missionaries
and broadcasts religious programming and Voice of America
news.  Two more privately owned stations operate in the
provinces.  The Government owns and operates the only
television station.
There were no reports of detention of educators or threats to
them for their teaching activities, and university students who
staged protests over campus issues were not subjected to
Government retribution.
     b.  Freedom of Peaceful Assembly and Association
Although the 1991 Constitution provides for freedom of assembly
as well as the right to form political, economic, social, and
professional organizations, the regime has banned all political
parties.  The NPRC permitted peaceful demonstrations.  Permits
were required to hold them, and were routinely granted.
However, in one case a prominent politician who held office in
the pre-NPRC period was refused a permit to speak in public.
     c.  Freedom of Religion
The Constitution provides for freedom of religion and there
were no reports that the Government abridged this right.
Although most clergy are indigenous, foreign Christian
missionaries are active as well as a number of Muslim clerics
from other countries.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There were no legal restrictions on travel within the country,
but unsafe conditions often prevented travel in the Southern
and Eastern Provinces.  Soldiers at military and paramilitary
checkpoints also delayed travel, frequently demanding bribes.
NPRC decrees permit senior police and military officers to stop
and question any person.  Exit visas are required for anyone
except diplomats seeking to travel outside the country.  There
are no restrictions on emigration or repatriation.  Continuing
conflict in the primarily agricultural Eastern and Southern
Provinces at times internally displaced as many as 950,000
persons during 1994, reducing food production and placing a
severe strain on the local economy.  In addition to the
internally displaced, an estimated 300,000 Sierra Leoneans
sought refuge in Guinea and Liberia.
Sierra Leone continued to host thousands of Liberian refugees.
The Government did not force refugees to repatriate to
countries in which they fear persecution, although no legal
process for seeking political asylum exists.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens did not have this right.  The NPRC controlled all
government institutions and appoints all senior government
officials.  The Deputy Chairman of the NPRC, Julius Maada Bio,
is the Chief Secretary of State.  The NPRC is composed of the
Supreme Council of State (SCS), and the Council of Secretaries
of State.  The SCS formulates government policy, serving as a
de facto legislature; day-to-day government operations are
overseen by the department secretaries, who make up the Cabinet.
Women are underrepresented in the Government.  The NPRC
appointed a woman to head the Department of Education, only the
second female cabinet minister in the country's history.  The
two largest cities have female mayors.  Some senior civil
service and judicial positions are also held by women.  There
are no female NPRC members.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The Government permitted the sole local human rights group, the
League for Human Rights and Democracy, to exist, but hampered
its effectiveness by intimidation.
The Government allowed the International Committee of the Red
Cross (ICRC) to visit prisoners in Pademba Road Prison and in
various military barracks, where it sometimes detained
suspected rebels.  The Government granted Amnesty International
access to all prisoners it requested to visit.
Section 5  Discrimination based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The Constitution provides equal rights for women, but in
practice women face both legal and societal discrimination.
Their rights and status under traditional law vary
significantly, depending upon the ethnic group.  The Temne and
Limba tribes, for example, accord more rights to a woman to
inherit her husband's property than do the Mende, who give
preference to male heirs and unmarried daughters.
Women do not have equal access to education, economic
opportunities, health facilities, or social freedoms.  In rural
areas they perform much of the subsistence farming and all of
the child rearing and have little opportunity for education.
The average schooling level for women is markedly below that of
men.  Only 6 percent of women are literate.  At the university
level, men predominate.  One recently formed group has as its
purpose the improvement of economic opportunities and access to
health services for women, but its effectiveness has yet to be
demonstrated.
Violence against women, especially wife beating, is common.
The police are unlikely to intervene in domestic disputes
except in cases of severe injury or death.  Few cases of such
violence go to court.  The issue is not recognized as a
societal problem and receives no high-level attention by the
Government.
Rape remains a societal problem.  It is punishable by up to 14
years imprisonment; the law is enforced.
     Children
The Government recently began to address, with the help of
nongovernmental organizations, the integration of "boy
soldiers" back into society.  Many underage boys had been
allowed to join military operations early in the war.
Instances of ritual murders of boys and girls, as well as
adults, associated with animist religious groups in the
provinces, continued.  The press reported these murders widely
and they were openly discussed in public.  The Government
arrested several ritual murder suspects in 1994.
Female genital mutilation (FGM), which international health
experts have condemned as damaging to both physical and
psychological health, is widely practiced on girls at a young
age, especially in traditional tribal groups and among the less
educated.  While one independent expert in the field estimates
the percentage of females who have undergone this procedure may
be as high as 80 percent, local groups believe that this figure
is overstated.  Membership has been declining in female secret
societies which practice FGM in their initiation rites.
     National/Racial/Ethnic Minorities
The Government does not officially approve discrimination among
people of different tribal groups, but tribal loyalty remains
an important factor in government, military, and business.
Complaints of corruption and ethnic discrimination in
government appointments, contracts, military commissions, and
promotions are common.
Residents of non-African descent face institutionalized
political restrictions.  Current law restricts citizenship to
people of Negro-African descent following a patrilineal
pattern, effectively denying citizenship to many persons,
notably in the Lebanese community, the largest affected
minority.
     People with Disabilities
Questions of public facility access and discrimination against
the disabled have not become public policy issues.  The
Department of Education has, however, created a position to
implement the mainstreaming of students with learning
disabilities.
No laws mandate accessibility to buildings or provide for other
assistance for the handicapped.  There does not appear to be
outright discrimination against the handicapped in housing or
education, but with the high rate of unemployment, few
handicapped people work in offices or factories.  The
difficulty handicapped people face in finding employment places
many facilities and services beyond their financial means.
Section 6  Worker Rights
     a.  The Right of Association
Unions have continued their activities under the NPRC.  The
Constitution provides for the right of association, and all
workers, including civil servants, have the right to join trade
unions of their choice.  Unions are independent of the
Government.  Individual labor unions have by custom joined the
Sierra Leone Labor Congress (SLLC), and all unions are members
of it.  Membership is, however, voluntary.  There is no legal
prohibition against the SLLC leadership holding political
office, and leaders have held both elected and appointed
government positions.
Under the Trade Union Act, any five persons may form a trade
union by applying to the Registrar of Trade Unions, who has
statutory powers under the act to approve the creation of trade
unions.  Applications for approval by the Registrar may be
rejected for several reasons, including an insufficient number
of members, proposed representation in an industry already
served by an existing union, or incomplete documentation.  If
the Registrar rejects an application, his decision may be
appealed in the ordinary courts, but such action is seldom
taken.  Approximately 60 percent of workers in urban areas,
including Government employees, are unionized, but unions have
had little success in organizing workers in the large
agricultural and mining sectors.
Unions have the right to strike without exception, but the
Government may require 21 days notice.  NPRC decrees which
prohibit disruption of public tranquility or disruption of
supplies could be employed to prevent a prolonged strike.
Although union members may be fired for participating even in a
lawful strike, no such incidents were reported.  Unions are
free to form federations and confederations and affiliate
internationally.  The SLLC is a member of the International
Confederation of Free Trade Unions, and there are no
restrictions on the international travel or contacts of trade
unionists.
     b.  The Right to Organize and Bargain Collectively
The legal framework for collective bargaining is the Regulation
of Wages and Industrial Relations Act.  Collective bargaining
must take place in trade group negotiating councils, each of
which has an equal number of employer and worker
representatives.  Most enterprises are covered by collective
bargaining agreements on wages and working conditions.  The
SLLC provides assistance to unions in preparing for
negotiations.  In case of a deadlock, the Government may
intervene.  It has not, however, used decrees to prevent
strikes.
No law prohibits retribution against strikers.  Should an
employee be fired for union activities, he may file a complaint
with a labor tribunal and seek reinstatement.  Complaints of
discrimination against unions are made to the industrial court
for arbitration.  Individual trade unions investigate alleged
violations of work conditions to try to ensure that employers
take the necessary steps to correct abuses.
Two textile enterprises were granted status as export
processing zones.  The labor laws apply to them equally.
     c.  Prohibition of Forced or Compulsory Labor
Under the Chiefdom's Council Act, compulsory labor may be
imposed by individual chiefs, requiring members of their
villages to contribute to the improvement of common areas.
This practice exists only in rural areas.  There is no penalty
for noncompliance.
The NPRC does not require compulsory labor.  A decree does
require that homeowners, businessmen, and vendors clean and
maintain their premises.  Failure to comply is punishable by
fine or imprisonment.  Determinations of such cleaning and
maintenance may be made by any health officer, police officer,
or member of the armed forces.  The last Saturday of every
month is declared a National Cleaning Day, and there were
instances of security forces publicly humiliating and beating
citizens to ensure compliance.
     d.  Minimum Age for Employment of Children
The minimum age for employment is officially 18 years, but in
practice there is no enforcement because there is no government
entity specifically charged with this task.  Children routinely
assist in family businesses, especially those of vendors and
petty traders.  In rural areas children work seasonally on
family subsistence farms.
Because the adult unemployment rate is high (60 percent in some
areas), few children are involved in the industrial sector.
There have been reports that young children have been hired by
foreign employers to work as domestics overseas at extremely
low wages and in appalling conditions.  The Department of
Foreign Affairs is responsible for reviewing overseas work
applications to see that no one under 14 is employed for this
purpose and to enforce certain wage standards.  On at least two
occasions during the year Sierra Leonean ambassadors abroad
intervened to assist the repatriation of Sierra Leonean
nationals who had suffered abuse.
     e.  Acceptable Conditions of Work
There is no minimum wage.  Purchasing power continued to
decline, and most workers have to pool incomes with their
extended families and engage in subsistence food production in
order to maintain a minimum standard of living.  The
Government's suggested standard workweek is 38 hours, but this
is not mandated, and most workweeks exceed 38 hours.  The
Government sets health and safety standards, but the standards
are outmoded and often not enforced.  The Health and Safety
Division of the Department of Labor has inspection and
enforcement responsibility, but inadequate funding and
transportation limit its effectiveness.
Health and safety regulations are included in collective
bargaining agreements, but there is no evidence of systematic
enforcement of those health and safety standards.  Trade unions
provide the only protection for workers who file complaints
about working conditions.  Initially, a union makes a formal
complaint about a hazardous work condition.  If this is
rejected, the union may issue a 21-day strike notice.  If
workers remove themselves from dangerous work situations
without making a formal complaint, they risk being fired.
SINGAPOR1
vpvpTITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
                           SINGAPORE
Singapore, a city-state of 3.3 million people, is a
parliamentary republic in which politics are dominated by the
People's Action Party (PAP), which has held power since
Singapore gained autonomy from the United Kingdom in 1959.  The
PAP holds 77 of the 81 seats in Parliament.  Goh Chok Tong
completed his fourth year as Prime Minister, and Lee Kuan Yew,
who served as Prime Minister from independence in 1965 until
1990, remains active politically, holding the title of Senior
Minister.  The majority of the population is ethnic Chinese (78
percent), with Malays and Indians constituting substantial
minorities.
The Government maintains active internal security and military
forces to counter perceived threats to the nation's security.
It has frequently used security legislation to control a broad
range of activity.  The Internal Security Department (ISD) is
responsible for enforcement of the Internal Security Act (ISA),
including its provisions for detention without trial.  All
young males are subject to national service (mostly in the
military).
Singapore has an open free market economic system.  The
construction and financial services industries and
manufacturing of computer-related components are key sectors of
the economy which has achieved remarkably steady growth since
independence.  Gross domestic product rose 9.5 percent in 1994,
and Singaporeans have an annual per capita income over
$18,000.  Wealth is distributed relatively equally in what is
essentially a full-employment economy.
There was no improvement or deterioration in the human rights
situation.  The Government continued to intimidate opposition
parties and their candidates.  There continued to be credible
reports of police mistreatment of detainees.  The Government
has wide powers to detain people arbitrarily and subsequently
restrict their travel, freedom of speech and right to associate
freely, and to handicap political opposition.  There was no
evidence of a change in the Government's willingness to
restrict human rights when it deemed that necessary in pursuit
of its policy goals.  There is some legal discrimination
against women, which, in practice, affects only a small
percentage of the population.  The Government has moved
actively to counter societal discrimination against women and
the Malay minority.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The law prohibits torture, and government leaders have stated
that they oppose its use.  However, there have been credible
reports during the past year of police mistreatment of
detainees, some of which has been reported in the press.
Reliable reports indicate that police sometimes interrogate
prisoners in very cold rooms where the prisoners may be
stripped of their clothes and doused with water.  In August,
after 16 months in custody, murder charges were withdrawn
against a suspect who claimed that he was forced to confess as
a result of police interrogation methods.  The police
maintained that all proper procedures had been followed in
obtaining the confession.  The court said that it appeared the
accused had been assaulted while he was in police custody and
that his confession, therefore, could have been coerced.  In
1993, of the 94 complaints of police abuse investigated, 14
were substantiated.
The Government reserves the right to use indefinite confinement
to pressure detainees to "rehabilitate" themselves as well as
to make admissions of wrongdoing.  In the past, the Government
has acknowledged that in the case of detentions without trial
under the Criminal Law (Temporary Provisions) Act, the
indefinite nature of the detentions served to pressure the
detainees.  Persons alleging mistreatment under detention may
bring criminal charges against government officials who are
alleged to have committed such acts, but they may be
discouraged from making accusations for fear of official
retaliation.
The Penal Code mandates caning in addition to imprisonment as
punishment for offenses involving the use of violence or threat
of violence against a person, such as rape, robbery and
extortion.  The law also mandates caning in other areas, such
as for certain convictions under the Vandalism Act and for
specific immigration offenses.  The Government opted to apply
the Vandalism Act in the widely publicized case of foreign
teenagers accused of spray painting privately owned
automobiles.  Previously, damage against private property had
been classified as mischief, which does not include caning as a
means of punishment.  Many critics expressed the view that
caning was an excessive penalty for youthful, nonviolent,
first-time offenders whose actions were reparable and
questioned why the Government chose to punish these teenagers
more harshly than in past cases.
Caning is discretionary for convictions on other charges
involving the use of criminal force, such as kidnaping or
voluntarily causing grievous hurt.  The law prescribes a
maximum or minimum number of cane strokes in many of these
cases, although the court does not always abide by these
guidelines.  Women are exempted from caning, as are men over
50, under 16, and those determined unfit by a medical officer.
In 1993 the judgment included a caning sentence in 3,244
cases.
     d.  Arbitrary Arrest, Detention, or Exile
The ISA, the Criminal Law (Temporary Provisions) Act, the
Misuse of Drugs Act, and the Undesirable Publications Act all
have provisions for arrest without warrant.  Those arrested
must be charged before a magistrate within 48 hours.  At that
time, those detained under criminal charges may obtain legal
counsel.  A functioning system of bail exists for those
charged, and there were no reported abuses of it.
The ISA, the Criminal Law (Temporary Provisions) Act, and the
Misuse of Drugs Act authorize detention without trial.  The
Criminal Law (Temporary Provisions) Act is used almost
exclusively in cases involving narcotics and secret criminal
societies and has not been used for political purposes.
According to the Government, 46 detention orders were issued
under the Criminal Law (Temporary Provisions) Act during 1993,
of which 27 were for secret society activities and 19 for drug
trafficking.  Under the Misuse of Drugs Act, the Director of
the Central Narcotics Bureau (CNB) may also commit--without
trial--suspected drug users for up to 6 months, with subsequent
extensions, to a drug rehabilitation center in cases of
positive urinalysis tests.
Those persons detained without trial under the ISA are entitled
to counsel but have no legal recourse through the courts to
challenge the substantive basis for their detention.  Persons
detained without trial under the Criminal Law (Temporary
Provisions) Act are also entitled to counsel but may only
challenge the substantive basis for their detention to the
committee advising the Minister for Home Affairs on detention
issues.  The ISA gives broad discretion to the Minister of Home
Affairs to order detention without charges if the President
determines that a person poses a threat to national security.
The President may authorize detention for up to 2 years; the
detention order may be renewed for 2-year periods with no
limitation on renewal.  An advisory board reviews each
detainee's case periodically, and detainees may make
representations to it.  The board may make nonbinding
recommendations that a detainee be released prior to expiration
of the detention order.  If the Minister wishes to act contrary
to a recommendation for release by the board, he must seek the
agreement of the President.
The ISA empowers the police to detain a person for up to 48
hours; any police officer at or above the rank of
superintendent may authorize that the detainee be held for up
to 28 days longer.  Once initial interrogation has been
completed, the authorities normally allow ISA detainees access
to lawyers and visits by relatives.
No one has been jailed under formal ISA detention since 1990.
However, the Government maintains some restrictions on the
rights of two former ISA detainees to travel abroad, make
public statements, and associate freely.  Chia Thye Poh, a
former member of Parliament, was released from prison in 1989
after 23 years in preventive detention under the ISA, but was
confined to a small island adjacent to Singapore during evening
and night hours until 1992.  Now resident in Singapore proper,
he cannot be employed, travel abroad, or issue public
statements without ISD approval.  Vincent Cheng, a detainee
released in 1990, may not issue public statements, publish, or
travel abroad without ISD consent.
While the law does not specifically prohibit exile, the
Government has never practiced exile.
     e.  Denial of Fair Public Trial
The judicial system has two levels of courts:  the Supreme
Court, which includes the high court and the court of appeal;
and the subordinate courts.  In normal cases the Criminal
Procedures Code provides that a charge against a defendant must
be read and explained to him as soon as it is framed by the
prosecution or the magistrate.  The accused has the right to be
represented by an attorney.  Trial is by judge rather than
jury.  Persons detained under the ISA and the Criminal Law
(Temporary Provisions) Act, as well as suspected drug users
detained under the Misuse of Drugs Act, are not entitled to a
public trial, which is accorded in all other cases.
In 1989 the Government amended the Constitution and the ISA to
eliminate judicial review of the objective grounds for
detentions under the ISA and subversion laws.  This allows the
Government to restrict, or even eliminate, judicial review in
such cases and thereby restrict, on vaguely defined national
security grounds, the scope of certain fundamental liberties
provided for in the Constitution.
In February, completing a transition begun in 1989, Parliament
approved a bill abolishing all appeals to the Privy Council in
London.  The single Court of Appeal, established in 1993,
combining the former court of appeal (for civil cases) and
court of criminal appeal, therefore became the highest court of
review in Singapore.
The President appoints judges to the Supreme Court on the
recommendation of the Prime Minister in consultation with the
Chief Justice.  Supreme Court justices may remain in office
until the mandatory retirement age of 65, after which they may
continue to serve at the Government's discretion for brief,
renewable terms at full salary.
The President also appoints subordinate court judges on the
recommendation of the Chief Justice.  The term of appointment
is determined by the Legal Service Commission of which the
Chief Justice is the chairman.  Subordinate court judges and
magistrates, as well as public prosecutors, are civil servants
whose specific assignments are determined by the Legal Service
Commission, which can decide on job transfers to any of several
legal service departments.  Judicial officials, especially in
the Supreme Court, have close ties to the ruling party and its
leaders.  These factors call into question the judiciary's
independence.
There were no reports of political prisoners.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Government can use its wide discretionary powers if it
determines that national security is threatened.  In most
cases, the law requires search warrants, normally issued by the
magistrate court, for intrusion into the home.  Law enforcement
officers may, however, search a person, home, or property
without a warrant if they decide searches are necessary to
preserve evidence.
The Misuse of Drugs Act and the Criminal Law (Temporary
Provisions) Act also permit warrantless searches in dealing
with drug- and secret society-related offenses.  The courts may
undertake judicial review of such searches at the request of
the defendant.  Divisions of the Government's law enforcement
agencies, including the ISD and the Corrupt Practices
Investigation Board (CPIB), have wide networks for gathering
information.  The authorities have the capability to monitor
telephone and other private conversations and conduct
surveillance, but there were no proven allegations that they
did so in 1994.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution permits official restrictions on the freedom
of expression and, in practice, the Government restricts the
freedoms of speech and the press.  The ISA permits the
Government to prohibit or to place conditions on publications
that incite violence, that counsel disobedience to the law,
that might arouse tensions among the various classes (races,
religions, and language groups) or that might threaten national
interests, national security, or public order.  The Government
uses a broad definition of these laws to restrict political
opposition and criticism.  It is clear from recent events that
the Government will not tolerate discussions in the press of
government corruption, nepotism, or a compliant judiciary.
The Government owns the Singapore Broadcasting Corporation
(SBC) and operates it under a statutory board of the Ministry
of Information and the Arts.  On October 1, the SBC was divided
into four government-owned subsidiaries under a holding
company, Singapore International Media PTE Ltd.  Also, the new
Singapore Broadcasting Authority (SBA) came into effect to
regulate and promote the broadcasting industry.  The SBA
develops censorship standards with the help of advisory panels
whose membership represents a cross-section of society.
Government-owned corporations have a near monopoly on
broadcasting, operating all 3 free television channels and 10
of 14 radio stations.  The three pay television channels are
jointly owned by government-owned corporations and the U.S.
Cablevision company.  Two of the other three radio stations are
operated by the National Trade Union Congress (NTUC), which is
closely affiliated with the Government; the third is the
British Broadcasting Corporation (BBC) world service, available
24 hours a day on the FM band.  In addition to the BBC World
Service, Malaysian television and radio broadcasts and
Indonesian radio broadcasts are received uncensored in
Singapore.  Cable News Network International, carried live, is
available almost 24-hours a day on pay television.  Satellite
dishes are banned with few exceptions.
All general circulation newspapers, with the exception of a
small circulation Tamil language newspaper, are owned by
Singapore Press Holdings Ltd. (SPH), a private corporation
which has close ties to the national leadership.  SPH also owns
20 percent of Singapore Cablevision, which operates the cable
television system.  The SPH is required by law to issue
ordinary and "management" shares; holders of management shares
have the power to control all SPH personnel decisions.  The
Government must approve, and can remove, holders of management
shares.  Hence, while Singapore newspapers, especially the
English-language Straits Times, print a large and diverse
selection of articles from their domestic and a variety of
foreign resources, editorials and coverage of domestic events
closely parallel government policies and the opinions of
government leaders.  Government leaders often criticize what
they call the "Western model" of journalism, in which the media
have unrestricted freedom to report the news as they see it.
Government officials argue that the role of the domestic media
is to support the goals of the elected leadership.
A case by the Government against the editor of the Business
Times, the leading business daily owned by Singapore press
holdings, and four other persons was settled in March.  The
editor and four others--a government official, a journalist,
and two employees of a foreign securities firm--were convicted
of failing to protect the secrecy of official information in
regard to a December 1992 report in the Business Times of
unreleased government growth figures.  The defendants were
fined but received no jail sentences.
A wide range of international magazines and newspapers may be
purchased uncensored, although newspapers printed in Malaysia
may not be imported (and vice versa).  A 1990 law requires
foreign publications that report on politics and current events
in Southeast Asia to register, post a bond the equivalent of
$132,000, and name a person in Singapore to accept legal
service.  These requirements strengthen government control over
foreign media.  The Government may ban the circulation of
domestic and foreign publications under provisions of the ISA
and the Undesirable Publications Act.  Under amendments to the
Newspaper and Printing Presses Act, it may limit the
circulation of foreign publications which, by the Government's
broad determination, interfere in Singapore's domestic
politics.  It has done so on occasion in the past.
In its relations with foreign media, the Government relaxed
restrictions on the circulation of some foreign publications.
In January the restrictions on the circulation of The Economist
were lifted.  The Asian Wall Street Journal (AWSJ), Asiaweek,
and the Far Eastern Economic Review, all "gazetted" (limited in
circulation) in 1987, remained gazetted.  However, the limits
were raised to 7,000 per issue on the AWSJ, 15,000 per issue
for Asiaweek, and 2,000 per issue of the Far Eastern Economic
Review.  The Government also permitted the AWSJ to station a
correspondent full time in Singapore beginning in 1993.  From
1988 to 1991, the AWSJ was not permitted to have a
correspondent in Singapore, and from 1991 to 1993, a
correspondent was permitted on a part-time basis only.
However, in June the Immigration Department refused the
application from the Asiaweek correspondent to renew his
employment pass.  Journalists from regional publications are
required by law to apply annually for renewal of the employment
pass which allows them to operate in Singapore.
Government leaders sometimes use libel or slander suits or the
threat of such actions to discourage public criticism.  In June
a Former Singapore Law Minister sued the International Herald
Tribune for publishing an allegedly defamatory letter about him
in May.  The letter compared the leniency shown to the former
law minister after a car crash when he had been convicted of
"drunk driving and refusing a breathalyzer test" with the harsh
punishment for persons convicted of vandalism.  In fact, the
former law minister had not been convicted of the former, but
was charged with "driving without care" and "failing to give a
blood sample."  The suit was settled out of court after the IHT
printed an apology and paid an unspecified amount in damages.
Prime Minister Goh Chok Tong, Senior Minister Lee Kuan Yew, and
his son, deputy Prime Minister Lee Hsien Loong, are seeking
damages from the IHT for an article, published in August, which
suggested that the younger Lee had been appointed to his post
on account of his father.  Damages of an unspecified amount are
being sought, in spite of a printed apology, which appeared in
the newspaper on August 31.  Lawyers for the two sides are
still negotiating the amount of the damages.
In January 1995 Dr. Christopher Lingle, an American academic
who had been a visiting lecturer at the National University of
Singapore, the International Herald Tribune, and others were
fined for contempt of court following the publication of an
article about Southeast Asian governments by Lingle on October
7, 1994.  Although Singapore was not mentioned in the article,
the court focused on the article's reference to some
governments as being "more subtle:  relying upon a compliant
judiciary to bankrupt opposition politicians or buying out
enough of the opposition to take control democratically" as a
reference to Singapore.  Although the IHT published an apology
for the article in December, Senior Minister Lee Kuan Yew filed
a civil libel suit.  That action is pending.  In at least the
three incidents cited above, the use of slander or libel suits
appears to have successfully intimidated the press.
The authorities censor movies, video materials, and music.
Some publications are barred from importation.  Censorship of
materials and the decision to deny the importation of specific
publications are based on a determination that such materials
would undermine the stability of the State; are pro-Communist,
contravene moral norms, are pornographic, show excessive and/or
gratuitous sex and violence, glamorize or promote drug use, or
incite racial, religious, or language animosities.  The
authorities report that there is strong public support for
continued censorship of sex and violence in films.
In January, after a performer's actions in a nude
entertainment, the Government tightened its restrictions on
drama groups.  It now requires organizers of scriptless plays
to provide a synopsis when applying for a license.  The founder
of the group responsible for the above performance was
prosecuted for providing entertainment without a license
because the play ran overtime.  The performer was fined and
barred from future public performances.
Faculty members at public institutions of higher education are
government employees.  A number of university lecturers are
concurrently PAP Members of Parliament (M.P.'s).  Academics
sometimes criticize government policies, but avoid public
criticism of individual government leaders and sensitive social
and economic policies because of possible sanctions, such as in
the cases of Dr. Christopher Lingle and Dr. Chee Soon Juan (see
also Section 3).  Publications by local academics and members
of think tanks rarely deviate substantially from government
views.
     b.  Freedom of Peaceful Assembly and Association
Assemblies of more than five persons in public, including
political meetings and rallies, must have police permission.
Individuals wishing to speak at a public function, excluding
functions provided by or under the auspices of the Government,
must obtain permission from the Public Entertainment Licensing
Unit, a division of the police Criminal Investigation
Department.  Opposition politicians have experienced delays as
long as 26 days, according to police records, before receiving
notification of action on their applications.  The authorities
do not approve all applications.  For example, according to a
police spokesman, opposition M.P. Ling How Doon was not allowed
to speak at his constituency's national day celebration dinner
in August because the function was organized by a political
party and held outdoors.  On the other hand, PAP M.P. and
Minister Without Portfolio Lim Boon Heng was allowed to speak
at a similar open-air function in August because it was
organized by the Citizens' Consultative Committee under the
People's Association, which is not a political party.
The Government closely monitors political gatherings regardless
of the number present.  Most associations, societies, clubs,
churches, and other organizations with more than 10 members
must be registered with the Government under the Societies
Act.  The Government denies registration to societies it
believes likely to be used for unlawful purposes or for
purposes prejudicial to public peace, welfare, or public
order.  The Government has absolute discretion in applying this
broad and vague language to register or dissolve societies.  It
prohibits organized political activities, except by
organizations registered as political parties.  This
prohibition effectively limits opposition activities.  It has
less of an effect on the PAP, which enjoys the support of
residential committees and neighborhood groups ostensibly
organized for nonpolitical purposes but whose leadership
contains many grassroots PAP members (see also Section 3).
     c.  Freedom of Religion
Freedom of religion is provided for in the Constitution and
usually respected in practice.  There is no state religion.
The Government has determined that every public housing estate
must have a mosque.  It therefore provides some financial
assistance to build and maintain mosques.  The Government also
facilitates contributions to the construction of Indian and
Chinese temples.
Missionaries are permitted to work and to publish religious
texts.  However, all religious groups are subject to government
scrutiny and must be legally registered.  The Government
restricts some religious sects by application of the Societies
Act and has banned others, such as Jehovah's Witnesses and the
Unification Church.  Four Jehovah's Witnesses were convicted,
and their appeals dismissed, for possessing banned publications
under the Undesirable Publications Act.  All four were fined.
The 1990 "Maintenance of Religious Harmony Act" made illegal
what the Government deems to be the inappropriate involvement
of religious groups and officials in political affairs.  The
Act also denies the judiciary the competence to review possible
denial of rights which could arise from the application of the
Act, and it specifically denies judicial review of its
enforcement.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government requires all citizens and permanent residents
over the age of 12 to register and to carry identification
cards.  After the completion of national service, enlisted men
remain liable for reserve training until the age of 40 and
officers to age 50.  Reservists who plan to travel overseas for
less than 6 months must advise the Ministry of Defense; for
trips longer than 6 months, reservists must obtain an exit
permit.  Males approaching national service age must obtain an
exit permit in order to study outside Singapore.  The
Government may deny a passport, and has done so in the case of
former ISA detainees.
The ISA allows the Minister for Law and Home Affairs to suspend
or revoke a detention order or to impose restrictions on former
detainees' activities, places of residence, and travel abroad.
The right of voluntary repatriation is extended to holders of
Singaporean passports.  In 1985 Parliament provided for the
loss of citizenship by Singaporeans who reside outside
Singapore for more than 10 years consecutively.  Action under
this law is discretionary and has been taken in at least one
case involving a well-known government opponent, Tan Wah Piaow.
The law stipulates that former Singaporean members of the
Communist Party of Malaya (CPM) residing outside Singapore must
appeal to the Government to be allowed to return.  They must
renounce Communism, sever all organizational ties with the CPM,
and pledge not to take part in activities prejudicial to the
nation's internal security.  In addition, the law requires them
to be subject to interview by the ISD and to any restrictive
conditions imposed on them.
Singapore neither accepts the Comprehensive Plan of Action for
Indochinese seeking refugee status nor offers first asylum to
refugees.  Prior to 1991, the Government permitted Indochinese
asylum seekers to disembark if a resettlement country promised
to remove them within 90 days and if the rescuing vessel was in
Singapore on a scheduled port of call.  In June 1991, the
Government halted disembarkation on the grounds that
resettlement countries had not honored their guarantees of
removal.  As of September 1, there were 98 asylum seekers at
the Hawkins Road camp, all of whom were denied refugee status
through screening procedures conducted by the local office of
the United Nations High Commissioner for Refugees (UNHCR).  The
authorities permit persons of other nationalities who make
claims for asylum to have their status determined by the UNHCR
for possible resettlement elsewhere.  There is no forcible
repatriation.
SINGAPOR2
AMAMTITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
The Constitution provides citizens with the right to change
their government peacefully through democratic means and the
voting and vote-counting systems in elections are fair,
accurate, and free from tampering.  In practice, however, the
Government uses its extensive powers to place formidable
obstacles in the path of political opponents.  It also attempts
to intimidate the opposition through libel suits and potential
loss of employment or professional licenses.  Parliamentary
elections may be called at any time, but must be held no later
than 5 years from the date Parliament first sits.
Opposition parties have been unable seriously to challenge the
PAP since the late 1960's.  Consequently, the PAP's domination
of the political system continues as it had for three decades
under Lee Kuan Yew.  Opposition politicians currently hold only
4 seats in the 81-member elected Parliament, 3 for the Social
Democratic Party and 1 for the Workers' Party.  In addition to
the 81 elected members, the President appoints 6 "prominent
citizens" to serve as nominated M.P.'s for 2-year terms.  The
PAP's political success in part results from restrictions on
opposition political activities, but also from government
policies which helped Singapore achieve rapid economic growth,
thereby enabling the Government to provide a wide array of
public services.  The PAP has a broad base of popular support,
sustained in part through neighborhood, youth, and labor
associations.
Although political parties are legally free to organize, the
authorities impose strict regulations on their constitutions,
fundraising, and accountability.  While the PAP has been able
to enjoy the support of ostensibly nonpolitical organizations,
the Government has used its broad discretionary powers to
hinder the creation of comparable support organizations for
opposition parties.  The PAP's grip on power has also been
enhanced by patronage; political control of the press, courts,
and religion; strong party discipline and performance; and its
access to the instruments of power.  For example, a government
program to refurbish public housing gives priority to PAP
constituencies.  Government regulations also hinder attempts by
opposition parties to rent office space in government housing
estates or to establish community foundations which run private
kindergartens.  The PAP claims the lack of an effective
opposition is due to disorganization, lack of leadership, and
lack of alternative policy programs.
In August 1993, citizens elected their first President.  The
Presidency has expanded powers over civil service appointments,
government and statutory board budgets, and internal security
affairs.  Presidential aspirants must be certified by the
Presidential Elections Committee (PEC), a body composed of the
Chairman of the Public Service Commission, the Chairman of the
Public Accountants Board, and a member of the Presidential
Council for Minority Rights.  The PEC was responsible for
screening applicants on the basis of integrity, character,
reputation, ability, and experience in managing the financial
affairs of a large institution.  Eligibility was considered
automatic if the candidate had 3-years' experience as a
high-ranking public servant or chief executive officer of a
large corporation.  These requirements limit the pool of
potential presidential candidates.   The Committee rejected the
applications of two opposition figures--J.B. Jeyaretnam,
Secretary-General of the Workers' Party (WP) and a former M.P.,
and another WP member--for not satisfying the eligibility
criteria regarding character and financial expertise.
Government leaders continued to use civil libel or slander
suits or the threat of them to discourage criticism or
challenges by opposition leaders.  The Legal Code also provides
for criminal defamation offenses, but these provisions are
seldom used.
A prominent opposition figure who was the target of
investigation by government entities was Dr. Chee Soon Juan, a
lecturer at the National University of Singapore and Deputy
Secretary General of the Singapore Democratic Party (SDP).
Chee was dismissed from his teaching position in March 1993
after a university audit of his financial records uncovered an
alleged irregularity involving his use of research funds to
express mail his wife's doctoral thesis to her university
adviser in the United States.  He defended his action by
arguing that his wife's thesis was relevant to his own research
and that he had received prior approval for the mailing from
his Department Chairman, Dr. S. Vasoo, a PAP M.P.  Chee, one of
the first university lecturers to join an opposition party,
rose to prominence during an unsuccessful bid against Prime
Minister Goh in the December 1992 by-election.
In April 1993, Chee was sued by Vasoo for making allegedly
defamatory remarks.  After selling his house, Chee paid
$200,000 in damages to his former university department
chairman and two other university employees as compensation for
his allegedly defamatory remarks.  The high court also ordered
Chee to pay all legal costs and refrain from repeating his
allegedly defamatory remarks.  According to the law, if Chee
had been unable to pay and had declared bankruptcy, he would
have been ineligible to run for Parliament for at least 5 years.
Although there is no legal bar to the participation of women in
politics, they are underrepresented in government.  There are
no female cabinet members and only 2 of the 81 elected
parliamentary seats are occupied by women.  Two of the six
nominated members of Parliament are women.  Women are also
underrepresented in the highest levels of the civil service.
There is no restriction in law or practice against minorities
voting or participating in politics.  Malays currently hold 12
percent of the seats in Parliament, in part the result of
government legislation requiring a minority representative in
selected group representation constituencies.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
There are no nongovernmental organizations, with the exception
of the opposition political parties, that actively and openly
monitor alleged human rights violations.  While the Government
does not formally prohibit them, efforts by any independent
organization to investigate and criticize publicly government
human rights policies would face the same obstacles as those
faced by political parties.  The Government denies that
international organizations have any competence whatsoever to
look into human rights matters in Singapore.  Visa regulations
do not recognize monitoring human rights as a "business
purpose" for visiting Singapore, but neither is such activity
regarded as a "social visit."  Amnesty International is not
allowed to operate in or to visit Singapore.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
Mindful of Singapore's history of intercommunal tension, the
Government takes affirmative measures to ensure racial, ethnic,
religious, and cultural nondiscrimination.  Social, economic,
and cultural facilities are available to all citizens
regardless of race, religion, or sex.  Minorities are
constitutionally afforded equal rights, actively participate in
the political process, and are well represented throughout the
Government.
     Women
Women enjoy the same legal rights as men in most areas,
including civil liberties, employment, commercial activity, and
education.  The Constitution contains no explicit provision of
equal rights for women; instead, it states that all persons are
equal before the law and entitled to the equal protection of
the law.  The Women's Charter, enacted in 1961, gave women,
inter alia, the right to own property, conduct trade, and
receive divorce settlements.  Muslim women enjoy most of the
rights and protections of the Women's Charter, except that
Muslim men are allowed to practice polygyny and may divorce
unilaterally whereas Muslim women may not.
In 1962 the Government instituted the principle of equal pay
for equal work in the civil service and announced the abolition
of separate salary scales by 1965.  Other areas of
discrimination remain.  For example, children born overseas to
Singaporean women are not granted citizenship automatically as
are children born to Singaporean men.  Female civil service
employees who are married do not receive health benefits for
their spouses and dependents as do male government employees.
There is no evidence of any widespread practice of violence or
abuse against women.  Laws such as the Penal Code and the
Women's Charter protect women against domestic violence and
sexual or physical harassment.  A battered wife can obtain
court orders barring the spouse from the home until the court
is satisfied that he will stop his aggressive behavior.  The
Penal Code prescribes mandatory caning and a minimum
imprisonment of 2 years for conviction on a charge of outraging
modesty that causes the victim fear of death or injury.
Women make up over 50 percent of the labor force and are well
represented in many professional fields, but they still hold
the preponderance of low-wage jobs as clerks and secretaries.
As a result, their average salary levels are only 70 percent
those of men.  Women hold few leadership positions in the
private sector.
     Children
The Government is strongly committed to the rights of
children.  In 1993 the Government updated and reenacted the
Children and Young Persons Act.  This revised Act establishes
protective services for those children who are orphaned,
abused, disabled, or refractory, and it creates a juvenile
court system.  The Ministry of Community Development works
closely with the National Council for Social Services to
oversee children's welfare cases.  Voluntary organizations
operate most of the homes for children while the Government
funds up to 50 percent of all child costs, which includes
normal living expenses and overhead, as well as expenses for
special schooling or supervisory needs.
     National/Racial/Ethnic Minorities
The Constitution acknowledges the "special position" of Malays
as the indigenous people of Singapore and charges the
Government to support and promote their "political,
educational, religious, economic, social, and cultural
interests."  The Government has concentrated on creating
equality of opportunity, especially in education, and does not
promote the concept of equality in result.  A Presidential
Council on Minority Rights examines all current and pending
bills to ensure that they are not disadvantageous to a
particular group.  It also reports to the Government on matters
affecting any racial or religious community and investigates
complaints.
Unlike the Indian or Eurasian communities, which have achieved
economic and educational success rates on a par with the
majority Chinese, Malay Singaporeans still have a lower
standard of living, although the gap has diminished in recent
years.  Malays remain underrepresented at the uppermost rungs
of the corporate ladder, a reflection of their historically
lower education and economic position, but also a result of de
facto employment discrimination.  Advertisements sometimes
specify the ethnicity and gender required of applicants or
require fluent Mandarin speakers.
     People with Disabilities
The Government implemented a comprehensive code on barrier-free
accessibility in 1990 which established standards for
facilities for the physically disabled in all new buildings and
mandated the progressive upgrading of older structures.
Although there is no legislation that addresses the issue of
equal opportunities for the disabled in education or
employment, the National Council of Social Services, in
conjunction with various voluntary associations, provides an
extensive job training and placement program for the disabled.
Informal provisions in education have permitted university
matriculation for visually handicapped, deaf, and physically
disabled students.  The Government allows the equivalent of a
$2,000 tax deduction for families with a disabled person.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides all citizens with the right to form
associations, including trade unions.  Parliament may, however,
impose restrictions based on security, public order, or
morality grounds.  The right of association is delimited by the
Societies Act and by labor and education laws and regulations.
The Trades Union Act authorizes the formation of unions with
broad rights, albeit with some narrow restrictions, such as
prohibitions on the unionization of uniformed employees.  The
national labor force comprises about 1.6 million employees, of
whom some 233,000 are organized into 83 employee unions.
Seventy-four of these unions, representing almost 99 percent of
all unionized workers, are affiliated with the National Trades
Union Congress (NTUC), an umbrella organization which has a
close relationship with the Government.
The NTUC unabashedly acknowledges that its interests are
closely linked with those of the ruling PAP, a relationship
often described by both as "symbiotic."  For example, President
Ong Teng Cheong served simultaneously as NTUC Secretary General
and Second Deputy Prime Minister before assuming his current
position as President in 1993.  His successor at NTUC, Lim Boon
Heng, was formerly Second Minister for Trade and Industry and
continues as Minister Without Portfolio.  In addition, several
other high-ranking NTUC officials are PAP M.P.'s.  NTUC policy
prohibits union members who actively support opposition parties
from holding office in affiliated unions.  While the NTUC is
financially independent of the PAP, with income generated by
NTUC-owned businesses, the NTUC and PAP share the same ideology.
Workers, other than those in essential services, have the legal
right to strike but rarely do so; no strikes have occurred
since 1986.  Most disagreements are resolved through informal
consultations with the Ministry of Labor.  If conciliation
fails, the disputing parties usually submit their case to the
Industrial Arbitration Court, which has representatives from
labor, management, and the Government.  These labor dispute
mechanisms, along with the PAP/NTUC nexus, have played
important roles in creating nonconfrontational labor
relations.  The Government also attributes the rarity of
strikes to a cultural aversion to confrontation, high economic
growth rates, labor shortages in recent years that have
sustained regular wage increases, and the popular conviction
that strikes would undermine Singapore's attractiveness to
investors.
The NTUC is free to associate regionally and internationally.
     b.  The Right to Organize and Bargain Collectively
Collective bargaining is a normal part of management-labor
relations, particularly in the manufacturing sector.
Agreements between management and labor are renewed every 2 to
3 years, although wage increases are negotiated annually.
Collective bargaining agreements generally follow the
guidelines issued by the National Wages Council (NWC), a group
composed of labor, management, and government representatives,
that makes annual recommendations regarding salary and bonus
packages.  The Industrial Relations Act makes it an offense to
discriminate against anyone who is or proposes to become a
member or an officer of a trade union.  The offense is
punishable by a fine equivalent to $1,250 and/or a 2-month
prison sentence.  Labor laws and regulations are enforced
uniformly.
There are no export processing zones, nor are special
concessions given to firms producing for export.
     c.  Prohibition of Forced or Compulsory Labor
Under sections of the Destitute Persons Act, any indigent
person may be required to reside in a welfare home and engage
in suitable work.  The International Labor Organization (ILO)
has criticized the coercive terms of this Act, which includes
penal sanctions on the grounds that it is not in compliance
with the ILO Convention on Forced Labor, ratified by Singapore
in 1965.  The Government maintains that the Act is social
legislation providing for the shelter, care, and protection of
destitute persons; that no one is coerced to work; and that
work programs are designed to reintegrate individuals into
society.
     d.  Minimum Age for Employment of Children
The Government enforces the Employment Act, which prohibits the
employment of children under age 12.  Children over age 12 and
under age 14 must receive written permission from the
Commissioner for Labor for "light work suited to his
capacity."  There are few such applications and the
Commissioner for Labor has never approved one.  Employers must
notify the Ministry of Labor within 30 days of hiring a child
between the ages of 14 and 16 and must forward medical
certification to the Commissioner.  The incidence of children
taking up permanent employment is also low, and abuses are
almost nonexistent.
Ministry of Labor regulations prohibit night employment of
children and restrict industrial work to no more than 7 hours a
day.  Children may not work on commercial vessels, with any
machinery in motion, on live electrical apparatus lacking
effective insulation, or in any underground job.  The Ministry
of Labor effectively enforces these laws and regulations.
     e.  Acceptable Conditions of Work
Singapore has no laws or regulations on minimum wages or
unemployment compensation.  The labor market offers relatively
high wages and good working conditions.  The Employment Act
sets the standard legal workweek at 44 hours and provides for 1
rest day each week.  The Ministry of Labor effectively enforces
laws and regulations establishing working conditions and
comprehensive occupational safety and health laws.  Enforcement
procedures, coupled with the promotion of educational and
training programs, have reduced the frequency of job-related
accidents by a third over the past decade.  While a worker has
the right under the Employment Act to remove himself from a
dangerous work situation, his right to continued employment
depends upon an investigation of the circumstances by the
Ministry of Labor.
Because of the domestic labor shortage, over 360,000 foreign
workers are employed legally in Singapore, 22 percent of the
total work force.  Most are unskilled laborers and household
servants from other Asian countries.  Foreign workers face no
legal wage discrimination; however, they are concentrated in
low-wage, low-skill jobs.  About 65,000 foreign maids, mainly
from the Philippines, Indonesia, and Sri Lanka, are employed in
Singapore, and some have complained of abuse or poor working
conditions.  The Government does not bar complainants from
seeking legal redress and takes a firm stand against employers
who abuse their domestic servants.  Foreign workers are
ineligible for the limited free legal assistance that is
available to Singapore citizens.  The authorities have fined or
imprisoned employers who have abused domestics, often with
great publicity.
SLOVAKIA1
pTITLE:  SLOVAK REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        SLOVAK REPUBLIC
The Slovak Republic became an independent state in 1993,
following the dissolution of the Czech and Slovak Federal
Republic (CSFR).  Its Constitution provides for a multiparty,
multiethnic parliamentary democracy.  Slovakia chose to carry
over the entire body of CSFR domestic legislation and
international treaty obligations, which gradually are being
renewed or updated.
In March President Michal Kovac dismissed the government headed
by Vladimir Meciar, chairman of the Movement for a Democratic
Slovakia (HZDS), following a parliamentary vote of no
confidence.  Pending early parliamentary elections on
September 30/October 1, a coalition government headed by Jozef
Moravcik, leader of the Democratic Union of Slovakia (DU), held
office.  In the elections, the HZDS obtained a plurality of 40
percent of the parliamentary seats and formed a working
parliamentary alliance with the Slovak National Party (SNS) and
the Association of Slovak Workers (ZRS).  On December 12, a
government of those three parties, led by Vladimir Meciar, was
sworn in by President Kovac.
The Slovak Information Service (SIS) is responsible for all
civilian security and intelligence activities.  A five-member
parliamentary commission oversees the SIS.  There were no
reports of human rights abuses by the SIS or the military
security apparatus of the Slovak Government.
Since independence, Slovakia has made intermittent progress in
developing a market economy.  The private sector accounts for
some 40 percent of the gradually rising gross domestic
product.  After the elections, the HZDS announced that the
second wave of voucher privatization, scheduled for December by
the Moravcik government, would be postponed until late January
1995.  Industry and construction employ 43 percent of the labor
force, and agriculture 12 percent.  Major exports are machinery
and transport equipment, chemicals and fuels, minerals, and
metals.
The Government respects freedom of assembly, association, and
religion.  Laws prohibiting defamation of the President and
utterances fostering ethnic or religious hatred limit freedom
of speech, and dismissals of media personnel following changes
of government in March and December infringed on the freedom
and independence of the media.  Laws permitting bilingual road
signs in areas inhabited by ethnic Hungarians and the
registration of non-Slovak names eased some ethnic tensions.
Skinheads occasionally attacked Roma and at times harassed Jews
as well.  Discrimination against minorities, particularly Roma,
continued to be a problem.  Violence against women is a serious
problem.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.  The village policeman charged in 1993 with murder in
connection with the abduction and killing of two Roma at
Klenovec was remanded to psychiatric care.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
There were no reports of any such practices.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution provides for protection against unlawful or
unreasonable detention.  A person accused or suspected of a
crime must be given a hearing within 24 hours and either set
free or remanded to the court.  During this time, the detainee
has the right to an attorney.  If remanded to a court, the
accused is entitled to a hearing within 24 hours, at which the
judge will set the accused free or issue a substantive written
order placing the accused in custody.  Investigative detention
may last up to 2 months and may be extended.  The total length
of pretrial detention may not exceed 1 year, unless the Supreme
Court extends it by determining that the person constitutes a
serious danger to society.  The law allows family visits and
provides for a court-paid attorney, if needed, although human
rights observers point out that this applies only to defendants
whose alleged offenses are punishable by more than 5 years in
prison.  A system of bail has existed since July 1990.
There is no exile.
     e.  Denial of Fair Public Trial
The Constitution provides for courts that are independent,
impartial, and separate from the other branches of government.
Some critics allege, however, that the dependence of judges
upon the Ministry of Justice for logistical support, the
granting of leave requests, and other services undermines their
independent status.  The President appoints Constitutional
Court judges, while Parliament elects other judges, based on
recommendations from the Ministry of Justice.
The court system consists of local and regional courts, with
the Supreme Court as the highest court of appeals.  In
addition, there is a separate military court system, the
decisions of which may be appealed to the Supreme Court and the
Constitutional Court.
Persons charged with criminal offenses are entitled to fair and
open public trials.  They have the right to be informed of the
charges against them and of their legal rights, to retain and
consult with counsel sufficiently in advance to prepare a
defense, and to confront witnesses.  They enjoy a presumption
of innocence and have the right to refuse to testify against
themselves.  They may appeal any judgment against them.
The "lustration" law of the former CSFR, barring from high
public office persons who previously collaborated with the
Communist-era secret police, is technically still in effect in
Slovakia, though not enforced.  Opponents of enforcement
consider the law discriminatory and a violation of due process
because decisions would be based on unverifiable secret police
records and no mechanism for appeal is available.  The law's
supporters cite the need to ban from public office those
responsible for abuses of power and repression during the years
of Communist rule.  A challenge to the lustration law was filed
in the Slovak Constitutional Court in May 1994, but the Court
declined to hear the case citing a 1991 decision by the
Czechoslovak court on this issue as a precedent.
With respect to the Roma minority, human rights monitors
charged that police appeared reluctant to take the testimony of
witnesses to skinhead attacks on Roma.  Further, they reported
that police used the device of countercharges to pressure Roma
victims of police brutality to drop their complaints, that
medical doctors and investigators cooperated with police by
refusing to describe accurately the injuries involved, and that
lawyers often were reluctant to represent Roma in such
situations, for fear this would have a negative effect on their
practice.
There were no reports of political prisoners in 1994.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Criminal Code requires police to obtain a judicial search
warrant in order to enter a home.  The court may issue such a
warrant only if there is a well-founded suspicion that
important evidence or persons accused of criminal activity are
present inside or if there is some other important reason.
Police must present the warrant before conducting the house
search or within 24 hours after the search.
The 1993 police law regulates wiretapping and mail surveillance
for the purposes of criminal investigation, which may be
conducted, on the order of a judge or prosecutor, only in cases
of extraordinarily serious premeditated crimes or crimes
involving international treaty obligations.  There were no
reports of illegal surveillance of persons or communications or
of mail tampering.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution prohibits censorship and provides for freedom
of information and the right of expression.  In a December
speech introducing his new Government, Prime Minister Meciar
said that "We recognize that a free and independent media is
also the foundation of a democratic society" and thus "the
Slovak Government shall, in the spirit of the Constitution of
the Slovak Republic, consistently protect the freedom of
expression as one of the fundamental human rights."  However,
the law prohibits public utterances fostering ethnic or
religious hatred.
Human rights monitors objected to Article 103 of the Slovak
Criminal Code, which prohibits defamation of the President, on
the grounds that it was being implemented in a manner that
limited freedom of the press.  They cited the case of a
newspaper editor under investigation in 1994 for publishing the
letter of a reader who was indirectly critical of the
President.  Observers voiced concern over proposals by some
nationalist politicians for a law on the protection of the
Republic, fearing that such a law would undermine freedom of
speech.
During 1994 numerous newspapers, magazines, and journals
spanning the entire spectrum of political views were published
freely.  The print media continued frank and occasionally
critical coverage of government activities, but the HZDS
renewed its call for increased government regulation of
journalism, promising in its election program that it would not
allow "tendentious fabrications and reporting by people in the
mass media."
There is no civil service law protecting jobs after a change of
government.  In March the Moravcik government took steps to
restore employment to two persons who had lost their jobs in
1993 on free speech grounds.  Lubomir Lintner, the Slovak radio
journalist fired in 1993 because of alleged government
pressure, was named press spokesman for the Office of the Prime
Minister.  Slovak Press Agency Chief Dusan Kleiman, dismissed
by the incoming Moravcik government in March was reinstated in
his position by the incoming Meciar Government in December.
The director of the National Oncology Institute, fired in 1993
after he had spoken critically of the health care system on
television, regained his post in 1994 in a competitive
selection process.
Councils made up of nine members elected by Parliament to
6-year terms administer the government-sponsored Slovak Radio
and Slovak Television.  Slovakia has one government-sponsored
television station broadcasting on two channels.  One of 17
radio stations is government sponsored; the remainder are
privately owned and controlled.
The pro-HZDS majority in November replaced the members of both
councils.  Simultaneously, the Radio Council fired the director
of Slovak Radio, who had served continuously since 1989.  A new
director of Slovak Television--the seventh since the 1989
revolution--was appointed in January.  Subsequently a number of
other staff changes were made at both radio and television.
Listeners report that coverage of internal political news was
greatly reduced, with the views of opposition politicians
reported only minimally, if at all.
Early in 1994, agreement was reached for Radio Free Europe
(RFE) to continue its medium-wave broadcasts to Slovakia.  At
an HZDS demonstration on the day of the Meciar government's
March ouster, an angry crowd viciously beat RFE journalists
covering the event after a speaker at the rally identified
them.  Police refused to aid the journalists, who subsequently
reported they were afraid to cover HZDS meetings.  The
Government later replaced the police chief of Bratislava.
Just prior to the Meciar government's fall, reception of some
Radio Free Europe (RFE) broadcasts was blocked for several
hours.  The Meciar government denied responsibility, and
reception subsequently was restored.
After the fall of the Meciar government, the new government
dismissed the general director and chief editor of the
government-owned Slovak Republic Press Agency (TASR).   TASR
soon thereafter divested itself of its ownership of the
pro-HZDS newspaper Republika, which continued its activities
under private ownership as Slovenska Republika.  Some HZDS
representatives criticized these actions as interference in the
media.  Subsequently the HZDS hired the editor as its press
spokesman.  (HZDS restored him to his former position when it
returned to power in December.)
The law provides for academic freedom, which is generally
respected, and grants universities the authority to decide
their internal affairs, including pedagogic and academic
orientation and internal structure.
     b.  Freedom of Peaceful Assembly and Association
The law provides for the right of persons to assemble
peacefully.  The Government requires permits for some public
demonstrations, but there were no reports of refusals, nor of
police interference with public demonstrations.
The law also provides for the right of persons to associate
freely and to form political parties and movements, a right
which was respected in practice.  Some organizations, including
political parties, are required to register, but there were no
reports that this requirement presented an obstacle to free
association.
     c.  Freedom of Religion
The Constitution provides for freedom of religious belief and
faith, and the Government respects this provision.  Under
existing law, only registered churches and religious
organizations have the explicit right to conduct public worship
services and other activities, although no specific religions
or practices are banned or discouraged by the authorities.  The
State provides financial subsidies only to registered churches
and religious organizations, of which there are 15.  There are
no special laws or regulations governing foreign missionaries
desiring to enter the country and proselytize or foreign clergy
entering to serve expatriate congregations; they fall under the
general provisions concerning the entry of foreigners.
Based on a law passed in 1993, the property of religious
organizations that was confiscated during World War II and the
Communist period was returned to them.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
There are no restrictions on the freedom of movement of
citizens within or outside the country.  Former Czechoslovak
citizens who emigrated during the period of Communist rule are
free to return for visits and may obtain Slovak citizenship if
they wish.
Refugees and asylum seekers are treated in accordance with
international norms.  There were no reports of refugees being
forced to return to countries in which they feared
persecution.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the constitutional right to change their
government through the periodic free election of their national
and local representatives.  Citizens over the age of 18 are
eligible to vote, and voting is by secret ballot.  The
Constitution reserves certain powers to the President as Chief
of State (elected by the Parliament), but executive power rests
with the Government.  Legislative power is vested in the
National Council of the Slovak Republic (parliament).
There are no official restrictions on the participation of
women or minorities in politics, but they are underrepresented
in government.  A total of 22 women were elected to the
150-member Parliament in October, a reduction from 26 in the
previous parliament.
The ethnic Hungarian coalition gained 17 seats in Parliament.
Ethnic Hungarian calls for greater local self-government, or
"autonomy," in the January 1994 Komarno declaration, which were
repeated in the Hungarian political parties' coalition
agreement, caused anxiety among Slovaks that the Hungarians
intended eventually to secede from Slovakia and become a part
of Hungary.  The Slovak National Party (SNS) reacted by calling
for a ban on ethnic Hungarian political parties, but no action
was taken in 1994.
Some members of the opposition have charged that, in its rush
to implement changes following the election, the HZDS violated
the Constitution on a number of occasions, for example, by
nominating a new Prosecutor General before waiting for the
President to act on Parliament's proposed recall of the then
current prosecutor general.  Opposition members have also
voiced serious concern over HZDS attempts to deprive deputies
from former Prime Minister Moravchik's DU of their electoral
mandates by claiming that they failed to gain enough voter
signatures, despite the fact that the DU obtained significant
voter support in the election itself.  Critics assert that the
HZDS violated citizens' right to privacy after a HZDS-led
parliamentary committee broke the seals on the signature
petitions.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
Representatives of local and international nongovernmental
human rights organizations worked freely, without government
interference.  The Commissioner for Minorities of the
Conference on Security and Cooperation in Europe (CSCE) visited
the country to study conditions facing ethnic Hungarians (see
Section 5).
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The law prohibits discrimination and provides for the equality
of all citizens.  Health care, education, retirement benefits,
and other social services are provided regardless of race, sex,
religion, disability, language, or social status.
     Women
Women in Slovakia are equal under the law.  They enjoy the same
property, inheritance, and other legal rights as men and
receive pay equal to that of male colleagues for the same job.
Women are well represented in the judicial and administrative
professions but are underrepresented in other public service
areas.  Despite the lack of overt discrimination, some cultural
barriers to their advancement remain.  Labor law prohibits
women from engaging in certain types of work considered
dangerous to their health.
The Democratic Union of Women of Slovakia monitors observance
of the rights of women and their families in light of
internationally accepted documents and the Constitution,
especially as they affect the social and family spheres.  At a
conference in Bratislava in October on intolerance and violence
against women, participants reported that 80 percent of women
frequently experienced family violence; 90 percent faced
various forms of intolerance; and 25 percent had experienced
sexual harassment and extortion in the workplace.
Police deal with spousal abuse, child abuse, and other violence
against women in the same way as other criminal offenses.  They
believe that two-thirds of female rape victims fail to report
the cases for personal reasons.  Once reported, police
investigate such cases as they would any other under the
Criminal Code.
As a result of amendments to the Criminal Code which took
effect during 1994, prostitution is not an illegal act.
However, the Code prohibits activities related to prostitution,
such as renting apartments for conducting prostitution,
spreading contagious diseases, or trafficking in women for the
purpose of prostitution.  The authorities prosecuted several
cases involving prostitution-related offenses.
     Children
The Constitution, the Law on Education, the Labor Code, and the
system of child welfare payments to families with children each
provide in part for children's rights.  There is no evidence of
a pattern of abuse or denial of rights to children.
     National/Racial/Ethnic Minorities
The Constitution provides minorities with the right to develop
their own culture, receive information and education in their
mother tongue, and participate in decisionmaking in matters
affecting them.  The Government continued to provide funding
for cultural, educational, broadcasting, and publishing
activities for the major ethnic minorities.  A November
proposal by ethnic Hungarian parliamentarians to create a
parliamentary committee for human rights, ethnic minorities,
and religion was defeated.  In December incoming Prime Minister
Meciar told the diplomatic corps, "The new Government of the
Slovak Republic considers as its fundamental duty towards all
citizens of Slovakia, regardless of their nationality ..., the
fulfillment and protection of human rights as stipulated in the
Constitution of the Slovak Republic."  He continued, "The
Slovak Government denounces all manifestations of intolerance,
above all chauvinism, aggressive nationalism, racism,
anti-Semitism and xenophobia ...  That is why we shall try to
suppress and remove them."
During 1994 educational benefits were extended in different
forms to different minority groups, depending on the nature of
their requests and the availability of government resources.
For example, while German- and Ukrainian-speaking
representatives preferred and were granted a mixed form of
schooling only partly in the mother tongue, ethnic Hungarians
actively sought complete mother-tongue education through
university level.  (Currently Hungarian-language education is
available only through secondary school.)
The ethnic Hungarian minority, which is the most numerous, is
concentrated primarily in southern Slovakia, with a population
estimated at 570,000 (many of whom are Roma).  During 1994
Hungarians participated successfully at all levels in the
political, economic, and social life of the country, although
none rose to government ministerial posts.  Most ethnic
Hungarians and ethnic Slovaks living in mixed areas continued
to coexist peacefully, although political frictions were
evident over the minority's legal status, and there were
occasional outbreaks of anti-Hungarian feeling.  In March, on
the day Parliament voted to recall the Meciar government, an
angry crowd attacked two leading officials of the Hungarian
Christian Democratic Movement (MKDH) as they exited the
Parliament building.  Police at the scene declined to
intervene, saying they lacked sufficient force.  The MKDH filed
a complaint, but the authorities apparently took no
disciplinary action against the police.
After his 1994 visit to Slovakia, the CSCE Commissioner for
Minorities expressed confidence in the ability of Slovakia's
democratic institutions to handle minority rights issues
without external assistance.  He also noted that ample
opportunities exist for the use of Hungarian as a minority
language in Slovakia.
Although the Government provides elementary and secondary
education in Hungarian, some 20 percent of ethnic Hungarian
families choose to send their children to Slovak-language
schools.  During 1994 the Government suspended plans to
institute a number of "alternative" schools in which ethnic
Hungarian students could choose to study some subjects in
Slovak (aimed, according to the plan's advocates, at offering
those students a chance to achieve a level of proficiency in
technical fields that would enable them to compete more
effectively for technical jobs later in life).  Some Hungarian
representatives had criticized the plan as aimed at eroding the
Hungarian-language educational base.
Controversy arose during 1994 when ethnic Hungarian parents
sought to prevent a Slovak nationalist known for his negative
attitudes toward Hungarians from teaching as a substitute in
their children's class at their ethnically mixed local school.
Slovak activists immediately protested, appealing to the
Ministry of Education to prevent what they considered a
violation of the teacher's rights.  The school's parent-
teachers' association, after considering the case, retained the
teacher.
During 1994 Slovakia fulfilled two commitments made in
connection with its acceptance into the Council of Europe: it
altered legislation so as to allow towns to post road signs in
the Hungarian language and to authorize Hungarians to register
names officially in their Hungarian form, without Slovak
grammatical endings.  By year's end, regulations were in place
to implement both laws, and no complaints were reported.
Although Hungarian activists in the past had criticized a
number of passages in the Constitution, including a phrase in
its preamble ("we, the Slovak nation,") which they felt
relegated nonethnic Slovak citizens to second-rate status,
during 1994 they did not press for changes in the Constitution
itself.  They did, however, call for a constitutional law
protecting the rights of the non-Slovak minorities.
Roma constitute the second largest ethnic minority, although
many do not officially declare their ethnicity because of
social prejudice against them.  Thus, the official census
figure of 81,000 is considered low; estimates of their actual
numbers range as high as 500,000.  Roma are economically
disadvantaged, and their situation worsened somewhat when the
budget-strapped Government cut the Communist-era welfare
subsidies on which many had come to depend.  In his December
speech to the diplomatic corps, Prime Minister Meciar said,
"The Government shall devote special attention to the economic,
social, and cultural advancement of the national minority of
the Roma, while using extensive possibilities of international
cooperation."
Although the nation's higher pedagogical school has a division
to train teachers for schools with a high Roma population and
the first Roma-language primers and readers were published in
1994, Education Ministry officials report that Roma have not
requested separate mother-tongue instruction and Roma-language
classrooms do not exist.  A 2-year pilot project for Roma
preschoolers in six towns, designed to prepare them for
successful entry into the Slovak school system, yielded
impressive results, but resources may not be available for its
continuation.  Both human rights monitors and Slovak officials
report that many Roma pupils do not complete their secondary
education because of poverty, unavailability of transportation
from Roma settlements, and family and social pressures.
Roma representatives report that many employers are reluctant
to hire members of the group, and that Roma unemployment soared
when the Communist-era practice of universal mandatory
employment ended in 1989.  Unemployment is highest in areas
heavily populated by Roma.  During 1994 officials in one
locality reportedly exerted psychological pressure on a hotel
owner to revoke a residence permit he had given to two Roma
families, on the grounds that allowing them to stay would
stimulate a further influx of Roma into the town.
During 1994 several incidents of skinhead street violence
against Roma were reported.  Human rights monitors charged that
police often were absent during such incidents, seemed
reluctant to take action, and in some cases were guilty
themselves of brutality toward Roma.  Observers report that
attempts to improve the poor relationship between Roma and the
police by hiring Roma into the police force foundered when few
Roma with clean police records could meet the minimum
educational requirements.
Isolated incidents of verbal harassment of Jews by skinheads
and others occurred during the year.  Jewish spokesmen voiced
concern over a number of news articles with an anti-Semitic
slant.  In the one reported case of the desecration of a Jewish
cemetery, in which gravestones were overturned, local
authorities apologized, and the juvenile perpetrators were
sentenced to community service.
     People with Disabilities
The Constitution and implementing legislation provide for
health protection and special working conditions for mentally
and physically disabled persons, including special protection
in employment relations and special assistance in training.
The law also prohibits discrimination against physically
disabled individuals in employment, education, and provision of
other state services.  Nevertheless, experts report
discrimination in such areas as accessibility of premises and
access to education (especially higher education).  Although
not specifically required by law, existing government executive
orders mandate the provision of accessibility for the
disabled.  However, the Government does not enforce these
provisions effectively due to budgetary constraints.
SLOVAKIA2
TITLE:  SLOVAK REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
Section 6  Worker Rights
     a.  The Right of Association
The Constitution provides for the right to form and join
unions, except in the armed forces.  In 1994 between 70 and 75
percent of the work force was organized.  Unions are
independent of the Government and political parties.  There are
no restrictions on the right to strike, but there were no
reports of strikes during the year.
There were no reported instances of retribution against
strikers or labor leaders, but the law and regulations do not
explicitly prohibit such retribution.  There were no reports of
human rights abuses targeted against unions or workers.
Unions are free to form or join federations or confederations
and to affiliate with and participate in international bodies.
     b.  The Right to Organize and Bargain Collectively
The collective bargaining law provides for collective
bargaining, which is freely practiced throughout the country.
Employers and unions set wages in free negotiations.  The Law
on Citizens' Associations prohibits discrimination by employers
against union members and organizers.  Complaints may be
resolved either in collective negotiations or in court.  If
found guilty of antiunion discrimination, employers are
required to reinstate workers fired for union activities.
The Customs Act of 1992 regulates duty-free stores and free
customs zones.  Firms operating in several such zones must
comply with the Labor Code; to date, there have been no reports
of special involvement by the trade unions.  Slovakia has no
special legislation governing labor relations in free trade
zones.
     c.  Prohibition of Forced or Compulsory Labor
Both the Constitution and the Employment Act prohibit forced or
compulsory labor.  There were no reports of violations.  The
Ministry of Labor, Social Affairs, and Family, as well as
district and local labor offices, have responsibility for
enforcement.
     d.  Minimum Age for Employment of Children
The law sets the minimum employment age at 15 years of age.
Under a law amended in 1994, children must remain in school for
9 years, or until age 15.  Workers under age 16 may not work
more than 33 hours per week; may not be compensated on a
piecework basis; may not work overtime or night shifts; and may
not work underground or in specified conditions deemed
dangerous to their health or safety.  Special conditions and
protections, though somewhat less stringent, apply to young
workers up to the age of 18.  The Ministry of Labor enforces
this legislation.  There were no reports of violations.
     e.  Acceptable Conditions of Work
The minimum wage, effective October 1993, is $82 (2,450 Slovak
crowns) per month.  Even when combined with special allowances
paid to families with children, it does not provide an adequate
standard of living for workers and their families.  The
Ministry of Labor, Social Affairs, and the Family is
responsible for enforcing the minimum wage; no violations were
reported.
The standard workweek mandated by the Labor Code is 42.5 hours,
although collective bargaining agreements have achieved
reductions in some cases.  The law requires overtime payment up
to a maximum of 8 hours per week and 150 hours per year, and it
provides 3 weeks of annual leave.  There is no specifically
mandated 24-hour rest period during the workweek.  The trade
unions, the Ministry of Labor, and local employment offices
monitor observance of these laws, and the authorities
effectively enforce them.
The Labor Code establishes health and safety standards which
the Office of Labor Safety effectively enforces.  For hazardous
employment, workers undergo medical screening under the
supervision of a physician.  They have the right to refuse to
work in situations which endanger their health and safety and
may file complaints against employers in such situations.  In
February the Government adopted a resolution on work safety,
which created a timetable for taking the steps necessary to
bring Slovakia into conformity with European Union norms.
SLOVENIA1
=TITLE:  SLOVENIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                            SLOVENIA
Slovenia is a parliamentary democracy and constitutional
republic which declared its independence from the Socialist
Federal Republic of Yugoslavia in 1991.  The President serves
as Head of State and commander in chief of the armed forces.
Prime Minister Janez Drnovsek of the Liberal Democratic Party
leads a coalition Government formed after free and fair
elections.
The Ministry of the Interior supervises the police.  The
security services report to the Prime Minister.  There were no
reports of human rights abuses committed by police or security
services.  The armed forces do not exercise civil police
functions.
Since independence, the economy has made steady progress in
developing a market economy.  Most housing and 20 percent of
state-owned firms have been privatized.  Trade has been
reoriented to Western markets, with less than 25 percent still
going east.  The gross domestic product increased for the
second year since 1990.  Manufacturing and mining employ 46
percent of the labor force, and agriculture 2 percent.  Major
exports include machinery, transport equipment, and other
manufactured products.
There were no major human rights problems in 1994.  The
Constitution and actual practice accord protected status to the
small Italian and Hungarian communities, as well as to the
Roma.  The President named a national ombudsman in 1994, with
the specific mandate of monitoring human rights.  The
ombudsman, recently appointed, so far has not played a
particularly active role.  A vigorous, but at times not fully
responsible, free press and an independent judiciary serve to
some extent as human rights "watchdogs."  The legacy of the
Communist past, however, makes this a new and unfamiliar role
for the press.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of such killings.
     b.  Disappearance
There were no reports of disappearances.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
The Constitution prohibits torture and inhuman treatment as
well as "humiliating" punishment, and there were no reports of
such treatment of detainees or prisoners.
     d.  Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or deprivation of
liberty.  The detaining authority must advise the detainee in
writing within 24 hours, in his own language, of the reasons
for his detention.  The law also provides safeguards against
self-incrimination.  The detainee has the right to legal
counsel of his choice and may appeal his detention, on which
the court must decide within 48 hours.
The authorities may hold a detainee with cause for a maximum of
3 months, and the Supreme Court may extend detention for
another 3 months.  In practice, the authorities fully respect
these rights and limitations.
In a highly publicized as well as politicized event in March,
the Defense Minister was forced from office after active
members of a military unit pulled a former Defense Ministry
civilian employee from his car and beat him.  The individual
was suspected of illegally holding classified documents.  The
circumstance and legality under Slovene law of his arrest in a
nonmilitary place and his subsequent treatment at the hands of
the soldiers have not been fully explained, but the actions of
the military unit appeared arbitrarily to contravene civil
authority.
There is no exile.
     e.  Denial of Fair Public Trial
The Constitution provides that a defendant's rights include
equality before the law, the presumption of innocence, due
process, open court proceedings, guarantees of appeal, and a
prohibition against double jeopardy.  These rights are
respected in practice.  There are no political prisoners.
The judicial system comprises local and district courts, with
the Supreme Court as the highest court.  Judges, elected by the
State Assembly (parliament) on the nomination of the Judicial
Council, are constitutionally independent and serve
indefinitely, subject to an age limit.  The Judicial Council
has six sitting judges elected by their peers and five
presidential nominees elected by the State Assembly.  The
nine-member Constitutional Court rules on the constitutionality
of legislation.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
The Constitution provides protection for privacy and the
inviolability of the home, mail, and other means of
communication.  These rights and protections are usually
respected in practice.  However, in March parts of a university
professor's private correspondence, critical of a minister in
the Government, were read out in a broadcast on a
government-controlled television station.  The issue is now in
the courts.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The Constitution provides for freedom of speech and press.  The
press is a vigorous and at times free-swinging institution,
spanning the political spectrum.  Although Slovenia is
ethnically very homogeneous, there is an Italian-language radio
and television station as well as a newspaper serving the
Italian minority on the Adriatic coast.  The volume of
programming in the Italian language has been an issue.  Some in
the Italian community, particularly in the television station,
have complained that Italian-language programming has been
reduced.  Hungarian radio programming is common in northeast
Slovenia.  Bosnian refugees and the Albanian community publish
newsletters in their own languages.
Slovenia has five major dailies and several weekly newspapers.
There are three television channels, one of them independent of
government control.  All the major towns have radio stations.
Two of the newspapers and one television station are privately
owned.  The major print media are supported through private
investment and advertising, although some of the electronic
media enjoy indirect government subsidies.  Foreign newspapers,
magazines, and journals are available in the larger towns.
After 40 years of authoritarian one-party rule, self-censorship
in the media is a way of life for journalists brought up and
supported by the Communist regime.  Long accustomed to getting
articles published under the old system, these journalists have
been cautious about expressing criticism.  Print and broadcast
journalists who have taken up the profession more recently,
however, are less inclined to engage in self-censorship.
The election law requires the media to offer free space and
time to political parties at election time.
Universities and other institutions of higher education are
constitutionally autonomous, and academic freedom is
respected.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
and association, and the Government respects these rights.  By
law, the Government may restrict these rights, but only in
circumstances involving national security, public safety, or
protection against infectious diseases.
     c.  Freedom of Religion
The Constitution explicitly provides for the unfettered
profession of religious and other beliefs in private and in
public, and the Government respects this provision.  Clergy,
churches, missionaries, including some from abroad, and
religious centers of all faiths operate without hindrance.
Some parents, relying on the constitutional provision of a
"right...to educate and guide their children" have, with the
backing of the Roman Catholic Church, argued for some form of
religious education in public schools.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Constitution provides that each person has the right to
freedom of movement, to choose his or her place of residence,
to leave the country, and to return as desired.  The Government
respects these rights in practice.
The Constitution provides for the right of political asylum for
foreigners and stateless persons "who are persecuted for their
stand on human rights and fundamental freedoms."
Slovenia since 1991 has taken in refugees from the fighting in
Croatia and especially in Bosnia and Herzegovina and has dealt
with them humanely and expeditiously.  There are some 35,000
registered refugees.  The number of refugees reported by the
U.N. High Commissioner for Refugees decreased significantly in
1994 after an official registration drive.  Some refugees have
blended into the local population, and others have resettled
out of Slovenia.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government.  They last
participated in free and fair parliamentary elections in 1992
when 10 political parties competed.  They elected a 90-member
State Assembly (legislature) for a 4-year term as well as a
40-member National Council, an organization representing
social, economic, trade and professional, and local interests.
The Constitution provides that the Italian and Hungarian ethnic
communities, regardless of their total population, are each
entitled to at least one representative in the State Assembly.
There are no restrictions on women or minorities voting or
participating in politics; the Prime Minister's office has a
watchdog agency for monitoring and promoting participation by
women in public life.  There are 12 women in the Parliament.
The Cabinet has two female Ministers, those of Justice and
Labor.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
The independent Council of Human Rights and Fundamental
Freedoms, founded in 1990, investigates complaints about
violations of human rights and governmental responsibility
without official interference.  The Government places no
obstacles in the way of investigations by local or
international human rights groups.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
The Constitution, buttressed by actual practice, guarantees
equality before the law.
Slovenia has a population (excluding refugees) of approximately
2 million, 91 percent of whom are Slovenes, 3 percent Croats, 2
percent Serbs, and 1 percent Muslims.  Of the remainder, some
8,500 are ethnic Hungarians, and 3,100 are ethnic Italians.
The Constitution guarantees special rights to the
"autochthonous Italian and Hungarian ethnic communities," such
as the right to use their own national symbols, establish
organizations, enjoy bilingual education, and other
privileges.  The small Roma communities also have special
status and rights, which are observed in practice.
     Women
The Government does not discriminate against women in the
provision of housing, jobs, education, or other services.  The
Constitution stipulates that marriage is based on the equality
of both spouses and that the State shall protect the family,
motherhood, and fatherhood.
In practice, women, even those employed outside the home, bear
a disproportionate share of household work and family care,
resulting, particularly in rural areas, from a generally
conservative social tradition.  Slovenia generally provides
equal pay for equal work for men and women.  Emerging from an
economic recession with unemployment rates close to 14 percent,
both men and women have suffered from loss of work, and both
have the same average period of unemployment.  Women, however,
still are found more often in lower paying jobs.  At the same
time, women are frequently encountered in business, academia,
public life, and government.
It is difficult to determine with specificity the extent of
violence against women in Slovenia.  In general, the level of
personal crime and violence is relatively low.  The problem of
spouse abuse and violence against women exists, and police are
not reluctant to intervene in such cases.  Crimes of abuse of
women are dealt with in accordance with the Penal Code.  There
is no special legislation on crimes against women.
     Children
The Constitution stipulates that children enjoy human rights
and fundamental freedoms consistent with their age and level of
maturity and are assured special protection from exploitation
and maltreatment.  Child abuse is rare, and the authorities
take action against perpetrators.
     People with Disabilities
Slovenia has taken steps to provide social and economic
opportunities for the disabled.  The law mandates access to
public facilities for the disabled, and, in practice,
modifications of public and private facilities and structures
continue slowly but steadily.
Section 6  Worker Rights
     a.  The Right of Association
All workers, except for the police and military, may form and
join labor organizations of their own choosing.  The
Constitution provides that trade unions, their operations, and
their membership shall be free.
Slovenia now has two main labor groupings, with constituent
branches throughout the country, as well as a third, much
smaller, regional labor union on the Adriatic coast.  Unions
are formally and actually independent of government and the
political parties, but individual unionists may and do hold
positions in the legislature.
The Constitution provides for the right to strike, but in 1993
Parliament for the first time passed legislation restricting
strikes by some public sector employees.  A number of strikes
occurred in 1994, largely over wages and working conditions.
There are no restrictions on joining or forming federations and
affiliating with like-minded international organizations.
     b.  The Right to Organize and Bargain Collectively
Slovenia's economy is in transition from the command economy of
the Communist system, which included some private ownership of
enterprises along with state and "socially owned" enterprises.
In the transition to a fully market-based economy, the
collective bargaining process is undergoing change.  The
Government still exercises a role in setting minimum wages and
conditions, although private businesses, growing steadily in
number, set pay scales directly with their employees' unions or
employee representatives.  There are no reports of antiunion
discrimination.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
There is no forced labor.
     d.  Minimum Age for Employment of Children
The minimum age for employment is 16 years.  Children must
remain in school until age 15.  Some farm communities employ
younger children during the harvest or for other farm work.  In
general, urban employers respect the age limits.
     e.  Acceptable Conditions of Work
Slovenia has a minimum wage of $240 (gross wages) per month.
The workweek is 40 hours, with a 24-hour rest period, as well
as 12 hours' rest after each 8-hour period of work.
Occupational health and safety standards are set and enforced
by special commissions controlled by the Ministries of Health
and Labor.
SOLOMON_1
3TITLE:  SOLOMON ISLANDS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995
                        SOLOMON ISLANDS
Solomon Islands, populated by approximately 386,000 people, is
an archipelago stretching over 840 miles in the South Pacific.
Its government is a modified parliamentary system consisting of
a single-chamber legislative assembly of 47 members.  Executive
authority lies with the Prime Minister and his Cabinet.  The
Prime Minister, elected by a majority vote of Parliament,
selects his own Cabinet.  Political legitimacy rests on direct
election by secret ballot.  There have been four general
elections since independence, most recently in June 1993.
A police force of about 500 men under civilian control is
responsible for law enforcement.  There were no reports of
police abuse of human rights.
About 85 percent of the population engages to some extent in
subsistence farming, obtaining food by gardening and fishing,
and has little involvement in the cash economy.  Improved
export performance, particularly in the forestry sector,
continued in 1994.
Most basic individual rights are provided for in the
Constitution, respected by the authorities, and defended by an
independent judiciary.  Discrimination and violence against
women remain serious problems, and the Government on occasion
has imposed restrictions on the press.  There is a
constitutionally provided Ombudsman to look into and provide
protection against improper or unlawful administrative
treatment.
RESPECT FOR HUMAN RIGHTS
Section 1  Respect for the Integrity of the Person, Including
           Freedom from:
     a.  Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
     b.  Disappearance
There were no reports of political disappearance.
     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment
These practices are prohibited by law and not known to occur.
     d.  Arbitrary Arrest, Detention, or Exile
There was no evidence of politically motivated arrests or
detentions.  Exile is not practiced.
     e.  Denial of Fair Public Trial
The judicial system consists of a high court and magistrates'
courts.  Accused persons are entitled to counsel.  The law
provides for a judicial determination of the legality of
arrests.  Violations of civil liberties are punishable by fines
and jail sentences.
     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence
In addition to legal provisions, the traditional culture
provides strong protection against these types of abuses.
Section 2  Respect for Civil Liberties, Including:
     a.  Freedom of Speech and Press
The constitutional provisions for freedom of speech and of the
press are generally respected.  The Government in the past had
attempted to censor the news or ban broadcasts because of
political sensitivities.  In March the Government lifted a ban
imposed by the Hilly government on transmission by the
government-financed Solomon Islands Broadcasting Corporation
(SIBC) of any news about the insurrection in nearby
Bougainville (Papua New Guinea), and on April 25 the Prime
Minister announced that all restrictions on broadcasting about
the Bougainville crisis had been removed.
The press was instrumental in exposing a scandal that led to
the resignation of the nation's Finance Minister in 1994.
     b.  Freedom of Peaceful Assembly and Association
The Constitution provides for the right of association, and
this right is freely exercised.  Demonstrators must obtain a
permit, but permits have never been denied on political grounds.
     c.  Freedom of Religion
The law provides for freedom of religion.  Organized religions
as well as indigenous beliefs are freely practiced.
     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation
The Government places neither legal nor administrative
restrictions on the movement of citizens within or out of the
country.  Native-born citizens may not be deprived of
citizenship on any grounds.  Although they have not been
formally granted asylum, a limited number of displaced persons
from Papua New Guinea's North Solomons province, the site of
conflict on Bougainville, have been allowed to remain in the
country indefinitely.
Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government
Citizens have the right to change their government through
periodic free elections.  Since independence, Solomon Islands
has had four parliamentary elections, most recently in June
1993, and several elections for provincial and local councils.
On four other occasions, changes of government resulted from
either parliamentary votes of no confidence or the resignation
of the Prime Minister.  Prime Minister Francis Hilly Billy,
facing a certain vote of no confidence, resigned in November.
Former Prime Minister Solomon Mamaloni was then elected as
Prime Minister.  The Parliament convened twice in 1994, first
in January, to complete the work of the November 1993 budget
session, and in November.  Suffrage is universal over the age
of 18.
Traditional male dominance has limited the role of women in
government.  Only 1 of 47 Members of Parliament is a woman.
She also served as 1 of 18 ministers in the Hilly Government.
Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights
While there are no restrictions on the formation of local
organizations to monitor and report on human rights, none has
been established to date.  There were no known requests for
investigation by outside human rights organizations.
Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status
     Women
The law accords women equal legal rights.  However, in this
traditional society males are dominant, and women are limited
to customary family roles.  This situation has prevented women
from taking more active roles in economic and political life.
A shortage of employment opportunities throughout the country
has inhibited the entry of women into the work force.
While actual statistical data are scarce, incidents of wife
beating and wife abuse appear to be common.  In the rare cases
that are reported, charges are often dropped by the women
before the court appearance or are settled out of court.
Police are reluctant to interfere in what they perceive as
domestic disputes.  In addition, many of the laws benefiting
women derive from the British tradition and are viewed by many
Solomon Islanders as "foreign laws" not reflective of their own
customs and traditions.  The magistrates courts deal with
physical abuse of women as they would any other assault,
although prosecutions are rare.  However, in March a Malaita
man was sentenced to 10 years in prison for killing his wife.
     Children
Within the limits of its resources, the Government is committed
to the welfare and protection of the rights of children.
Children are respected and protected within the traditional
extended-family system, in accordance with the family's
financial resources and access to services.  As a result,
virtually no children are homeless or abandoned.  Although some
cases of child abuse are reported, there is no pattern of
societal abuse.  The Constitution grants children the same
general rights and protection as adults.  Existing laws are
designed to protect children from sexual abuse, child labor,
and neglect.
     People with Disabilities
There is no law or national policy on the disabled, and no
legislation mandates access for the disabled.  Protection and
care of the disabled are left to the traditional extended
family and nongovernmental organizations.  Informally, the
disabled in urban areas frequently find work in the public
service sector.  However, with high unemployment countrywide
and few jobs available in the formal sector, most disabled
persons, particularly those in rural areas, do not find work
outside the family structure.
Section 6  Worker Rights
     a.  The Right of Association
The Constitution implicitly recognizes the right of workers in
the public and private sectors to form or join unions, to
choose their own representatives, to determine and pursue their
own views and policies, and to engage in political activities.
The courts have confirmed these rights.  From 20 to 25 percent
of the total population participate in the formal sector of the
economy.  Of that, approximately 60 to 70 percent are
organized:  90 percent of the public sector and about 50
percent of the private sector.
The law allows strikes, but there were none of note in 1994.
The unions seldom resort to strikes, preferring instead to
negotiate.  Disputes are usually referred quickly to the Trade
Disputes Panel (TDP) for arbitration, either before or during a
strike.  Employees are protected from arbitrary dismissal while
the TDP is deliberating.  In practice, the small percentage of
workers actually involved in the wage economy means that
employers have an ample supply of replacement workers if
disputes are not resolved quickly.  There is some legal
protection for workers against retaliatory actions by
employers.  Once a case has been referred to the TDP, the
employer cannot undertake a lockout or summarily dismiss
employees.
Unions are free to affiliate internationally, and the largest
trade union, the Solomon Islands' Union of Workers, is
affiliated with the formerly Soviet-controlled World Federation
of Trade Unions (WFTU).  The Union of Workers remains loosely
affiliated with the WFTU.
     b.  The Right to Organize and Bargain Collectively
The Trade Disputes Act of 1981 provides for the right to
organize and bargain collectively, and unions engage in it
frequently.
Wages and conditions of employment are determined by collective
bargaining.  If disputes between labor and management cannot be
settled between the two sides, the disputes are referred to the
TDP for arbitration.  The three-member TDP, comprising a
chairman appointed by the judiciary, a labor representative,
and a business representative, is independent and neutral.
The law protects workers against antiunion activity, and there
are no areas where union activity is officially discouraged.
There are no export processing zones.
     c.  Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, except as part of a
court sentence or order, and this prohibition is observed.
     d.  Minimum Age for Employment of Children
The law forbids child labor for children under the age of 12,
except when performed in the company of parents in light
agriculture or domestic work.  Children under 15 are barred
from work in industry or on ships; those under age 18 may not
work underground or in mines.  The Labor Division of the
Ministry of Commerce, Trade, and Industry is responsible for
enforcing child labor laws.  Given low wages and high
unemployment, there is little incentive to employ child labor.
     e.  Acceptable Conditions of Work
The present minimum hourly wage rate of approximately $0.23 has
been in place since 1988.  All independently negotiated wages
are above this figure.  The legal minimum wage is not adequate
to sustain a family of four in the capital of Honiara.  Because
most of the population is dependent to some extent on the
subsistence economy, and as there is high unemployment and
underemployment, workers are available at current wage rates.
The Labor Act of 1969, as amended, and the Employment Act of
1981, as well as other laws, regulate premium pay, sick leave,
the right to paid vacations, and other conditions of service.
The standard workweek is 45 hours and limited to 6 days
weekly.  There are provisions for premium pay for overtime and
holiday, work as well as provisions for maternity leave.
Both an active labor movement and an independent judiciary
ensure widespread enforcement of labor laws in major state and
private enterprises.  The Commissioner of Labor, the Public
Prosecutor, and the police are responsible for enforcing labor
laws.  However, they usually react to charges of labor law
violation rather than take the initiative in monitoring
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